[GA - draft] Identity cards and passports issuance

[Simone]

This is in response to the debate on voter ID laws and voting rights guarantees on the "voting rights guarantees" proposal.

NationStates • View topic - [Draft #4] Voting rights guarantees

As I believe it is not possible to regulate voter ID laws without getting around the blocker in GA#579 clause 5, the simpler solution appears to simply write an ID law that requires that all passports be free and make it relatively easy for anyone to obtain ID for any purpose (not just voting). The language "identification documents and passports" carry over from GA#386. (I mean, if you forgot to bring your ID to vote, I can't help you).

There is some wiggle room in that GA#76 "MANDATES that all citizens carry a Passport issued by a relevant nation in which they hold citizenship or other nationality status, when travelling abroad, except where deemed unnecessary through the existence of bilateral and multilateral border control agreement, or when unilaterally declared unnecessary by the receiving nation" but does not actually specify that a "relevant nation" must issue a passport. This proposal patches this as well.

Also this cleans up an issue regarding refugees not getting the correct papers.

[Draft 1]

Category: civil rights/mild

[box]The World Assembly (WA),

Noting its efforts to ease international travel and identification through previous resolutions (GA#76, GA#386);

Noting that the issuance of identity documents and passports may attract a fee, which may be unaffordable to some individuals and thus discouraging travel between member states, as well as the use of identity documents and passports within member states (if an individual member state requires their use for any purpose);

Hereby defines:

1. Fees to include all fees, expenses, and charges (such as courier fees, processing fees, notarization and apostille fees) payable by an individual as an applicant for identity documents and passports;
   
2. Identity documents to include any document related to an individual's identity issued pursuant to the legislation(s) and/or regulation(s) of a WA member state, including, as examples, identity cards, birth certificates, and household registration certificates, as well as military service records (if any), criminal records (if any), and other records relevant to the identity of the said individual, and in physical, electronic or other forms depending on the technology levels of the individual member state);

Hereby requires:

1. A member state may not charge a fee for applying, and for issuing, identity documents and passports, including for replacements for lost or stolen identity documents and passports;
   
2. A member state may not deny or impede any individual within its borders from being issued identity documents and passports;
   
3. No committee of the WA may charge a fee for identity documents and passports issued to individuals belonging to a member state;
   
4. A member state is required make it as convenient as reasonable practicable for an individual to obtain identity documents and passports, based on the technological levels of the member state, including providing reasonably convenient means for individuals that may be disadvantaged for any physical and/or mental capacity reason(s);
   
5. Clarifies that this resolution does not interfere with a member state's rights on:
   • formulating its own citizenship and immigration policies;
   • denying the right to entry to, or exit from, the said member state, to certain individuals, subject to due process, and;
   • making it an offence for fraudulent use of identity documents and passports (including fraudulent reporting of loss or stolen identity documents and passports).
     
   • Each member state is responsible for interpreting the requirements of this resolution within its own jurisdiction.

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[Simone]

Draft 5

The World Assembly (WA),

Noting that many WA states require the use of documents to identify individuals, in routine domestic transactions such as those with a government and/or with financial institutions (to decide on eligibility for payments, salaries and other matters);

Concerned that such documents may require a fee for issuance, which disadvantages those least able to afford such fees, and impede their access to government payments and services that may require such documents;

1. Hereby defines:
   • ”Inhabitant(s)” to mean anyone who is:
     • physically in a WA state, and;
     • who also meets at least one of the criteria below:
       1. a citizen of the WA state, or;
       2. a resident or long-term visitor of the WA state, whether permanently or temporarily, pursuant to the laws of that WA state, or;
       3. an applicant for asylum or refugee status, or under the protection of that WA state, or;
       4. a person who appears to be stateless, or;
       5. anyone else entitled to IDs pursuant to that WA state’s laws;
   • "IDs" to mean one or more documents stating an inhabitant’s identity such as, merely as examples, identity cards and household registration certificates, provided that:
     • such IDs must contain such information routinely needed for an inhabit to handle the domestic affairs of that WA state, such as, merely as examples:
       1. the full legal name;
       2. date of birth;
       3. place of birth;
       4. residency and/or citizenship status;
       5. full residential address;
       6. full likeness of the inhabitant;
     • such IDs may be in physical, electronic or other forms depending on the technology levels of that WA state;
     • the sole requirement for issuing such IDs is for anyone to meet the criteria of being an inhabitant of that WA state;
2. Hereby requires:
   • The government of a WA state is required to provide IDs to all inhabitants of that WA state upon request by that inhabitant for free, as soon as reasonably practicable, and may not charge any fee(s) for:
     • applying;
     • verifying;
     • processing;
     • issuing;
     • replacing such IDs, including those lost, stolen and/or damaged; and/or
     • delivery of such IDs;
   • IDs may be issued by a competent authority at the national level of government of a WA state, or at sub-national levels, or delegated to any organization(s) the said WA state deems fit;
   • IDs validly issued by a WA state must be deemed valid and sufficient for all domestic affairs of that WA state, where proof of identity is required, including (but not limited to) all governmental, financial or business affairs;
   • A WA state may not deny issuing IDs to an inhabitant on the grounds that some information, such as, merely as examples, date of birth or place of birth, may not be verifiable due to circumstances beyond the reasonable control of that inhabitant;
   • A WA state shall make it as convenient as reasonably practicable for an individual to obtain IDs, including providing convenient means for obtaining IDs (and without separately charging for such means) for individuals that may be disadvantaged for any reason, such as, merely as examples:
     • literacy and/or language skills;
     • physical limitations;
     • mental acuity and/or capacity, subject to clause 2(f);
   • A legal parent and/or legal guardian of a minor may, voluntarily, apply for and receive IDs on behalf of an inhabitant below the age of majority or lacking the mental capacity and/or legal competence to make such an application;
   • A WA state may not deny issuing IDs to an inhabitant of that WA state on the grounds of that inhabitant holding IDs from another WA state, or other similar instruments from a non-WA state;
   • IDs validly issued by a WA state must be deemed valid and sufficient for identification purposes by all agencies and committees of the WA;
3. Clarifies that this resolution does not interfere with a WA state's rights and qualifications, subject to due process, on:
   • formulating its own citizenship and immigration policies;
   • controlling its borders;
   • issuing documents other than IDs, such as driving licenses or occupation permits;
   • making it an offence for fraudulent applications and use of IDs (including fraudulent reporting of loss or stolen IDs), or imposing penalties for such offences if convicted.

Co-author: Imperium Anglorum[/box]

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