[Draft #1 - Consular Rights Abroad]

[Simone]

[Draft #1] Consular Protection Abroad
Postby Simone Republic » Mon Dec 19, 2022 9:34 am

Motivation for this resolution

This is effectively a "repeal and replace" proposal to update the resolution "Consular Rights" (GAR#164). There are two major issues with GAR#164:

GAR#164 does not allow nations to seek other nations' help in providing diplomatic services;
GAR#164 specifically only allows one visit per year for citizens imprisoned abroad and only inside the actual prison, which I consider to be grossly inadequate and far too restrictive

I am seeking a concurrent repeal of GAR#164. The concurrent repeal as well as the issues with the existing resolution are discussed in this thread:
viewtopic.php?f=9&t=527899

New developments in human rights

Since that resolution's original approval in 2011, several new rights have been developed (primarily in the EU), including:

- New rules on consular protection for unrepresented EU citizens living or travelling outside the EU (2015)
https://www.consilium.europa.eu/en/pres ... rotection/

- New rules on issuing emergency travel documents (2019)
https://www.consilium.europa.eu/en/pres ... -document/

The existing resolution (GAR#164) applies only to citizens travelling abroad and accused/convicted of crimes, which we believe is a far too narrow set of circumstances. It also specifies that such services should be available "should such a diplomatic mission exist" (paragraphs 6 and 9), which creates an issue when a third party tries to help, as the European Union has moved to a model where every EU member has an obligation to represent the interests of the citizens of another EU member, if the country of origin does not have representation at the destination.

In real life, a particularly useful site is the embassy of Sweden in Pyongyang, which has been handling cases in North Korea on behalf of the EU for years (as well as, for that matter, the United States, since the US has no diplomatic relations with North Korea).

Text of replacement resolution

(Category: Human Rights/Mild) (this follows GAR#164)

The World Assembly,

Acknowledging that the rights of citizens of member states to travel abroad enshrined in previous resolutions (523, 601), for leisure, work, study, or other matters;

Recognizing that citizens abroad may encounter difficulties that require the intervention of diplomatic missions of originating state(s) to which they belong as citizens;

Hereby defines:

"Mission" refers to the accredited diplomatic mission of the originating state in the hosting state, or that of the "assisting state" as defined in clause 2 below;
"Originating state" as the member state to which the said citizen holds legally valid citizenship;
"Hosting state" as the state where the citizen abroad is located;

Hereby requires the originating state, if requested by a citizen abroad, to render assistance on the following matters to the maximum extent possible given the resources of the originating state:
Advice as to the laws and customs of the hosting state, and legal advice and representation in case a citizen abroad is accused of committing an offence in the hosting state;
Seek to ensure that any legal proceedings against a citizen abroad is subject to due process;
Provide visits regularly (and as frequently as is reasonable at the discretion of the mission, considering the mental and physical well-being of the said citizen) to any citizens abroad detained and/or imprisoned by the hosting state, at a location not subject to diplomatic protocol, that offers privacy to the said citizen;
Provide, as the originating state deems necessary, such financial or other assistance to a citizen abroad who:
is the victim of a violent crime, or
suffers a serious accident, or
acute critical illness;
Provide prompt assistance if a citizen abroad needs to be repatriated in an emergency, including providing temporary travel documents;
Provide repatriation if a citizen abroad dies in a hosting state, if a prior wish for repatriation had been expressed by the said citizen abroad or at the request of the deceased's next of kin;
Further, requires that the originating state, if it has no missions in a hosting state, to:
Seek the assistance of another member state ("assisting state") that has a mission in the said hosting state in providing the aforesaid assistance in clause 1 to the originating state's citizens;
Require that the assisting state not decline such requests from the originating state, provided that the assisting state may request that the originating state fully indemnifies the assisting state the costs incurred in rendering such assistance;
Hereby requires the hosting state, if it is a World Assembly member state, to fully cooperate with the originating state in rendering the assistance defined in clause 1;
Hereby strongly encourages that member states seek to conclude bilateral agreements with non-member states such that a member state with its citizens abroad in a non-member hosting state can still render assistance to its own citizens at a level comparable to that defined in clause 1;
Hereby clarifies:
If the citizen abroad holds citizenship in multiple member states, the said citizen may seek assistance from any and all of the member state(s) to which citizenship applies, subject to citizenship laws of individual member states;
An originating state may not revoke the citizenship of a citizen abroad seeking its assistance solely due to the said citizen seeking such assistance;
The provisions of this resolution do not apply to any citizen of an originating state that:
is also a citizen of the hosting state (except for clause (1)(f) which shall continue to apply); and/or
entered the hosting state in an official capacity on behalf of the originating state; and/or
entered the hosting state and subsequently sought asylum and/or refugee status with the hosting state.

 

[Simone]

Main draft on the gameplay forums for WA

 

[Elfnotonashelf]

I have a few questions on this.
1. If the host nation has different visitation rights from the originating nation, would the originating nation have to insure the visitation rights for its citizen were in line with its own system ?.
2. In more general terms, what would this resolution expect if a citizen was abroad in another nation that their originating nation has cut all diplomatic ties due to terrorism, hostile intentions, moral stance etc. And said citizen requests emergency aid ?.
3. The multiple citizenship clause, I'm not sure how that would work in practise given that the nations the citizen May hold citizenship in may have the problem of overlapping jurisdiction.

 

[Simone]

I wrote this largely on the basis of national sovereignty (so-called Natsov). Since you mentioned you are new I encourage you to read up on this: https://forum.nationstates.net/viewtopic.php?f=9&t=307834

1. Natsov applies - host nation's laws take priority. Just because the originating nation has more liberal laws doesn't mean the host nation has to. As an example, recreational cannabis is permitted in some states, but bringing in 20 ounces of cannabis to Singapore results in an automatic death penalty.

2. That's supposed to be fixed in the replacement because at the moment the resolution requires "should a diplomatic mission exist". For example, the US has no diplomatic relations with North Korea. But if an American citizen wants to travel to North Korea for some reason (entirely NOT recommended by the US government), the Swedish government can at least try to help.

3. That's again Natsov. There's overlapping jurisdiction in the sense that if the person is a citizen of the hosting state, the hosting state's laws apply. (This is the case for many Asian countries that don't recognize dual citizenship).