GA, draft, Dual citizenships and emigration

[Simone]

The World Assembly (WA),

Acknowledging its natural interest in regulating relations between member states;

Recognizing previous resolutions that regulate various aspects citizenship (such as GARs 76, 164, 386, 552, 620);

Noting that the WA does not explicitly regulate individuals holding multiple citizenships, such as (merely as examples) because of differing citizenship laws (such as jus sanguinis compared to jus soli) or due to migration;

1. Hereby defines:
   
   • Citizen(s) to mean the citizen of a WA state;
   • Dual citizens (or “dual citizenship”) to mean citizens of a WA state that is also the citizen of at least one other state;
   • “State” means any state regardless of membership of the WA, and “WA state” means a member of the WA;
2. Hereby requires that:
   • A WA state may not create different levels of citizenship or nationality such that individuals are citizens or nationals of certain sub-national portions of the said WA state but not a citizen throughout all of the said WA state;
     
   • A WA may not prohibit its citizen(s) from:
     • voluntarily renouncing their citizenship of that WA state;
     • migrate to another state, and/or voluntarily adopt the citizenship of another state;
     nor to unnecessarily encumber the process of applying for renunciation of their citizenship, provided that this does not result in statelessness on the part of those who voluntarily renounce their citizenship;
     
   • A WA state may not bring charges of treason against former citizens provided that the said crimes are alleged to have been committed after they have renounced their citizenship;
     
   • A WA state may not prohibit any individuals from exiting the territorial borders of that WA state, unless that individual, subject to due process of law:
     
     • is incarcerated in accordance with the laws of that WA state;
     • is a duly charged suspect in a felony case and deemed by the judicial authorities of that WA state independently to be extremely likely to abscond, and has exhausted all appeals regarding conditions for bail;
     • is below the age of majority in that WA state;
     • is deemed, according to extant WA resolutions and/or the laws of that WA state, legally incompetent due to reasons of mental capacity;
3. Hereby requires that if a WA state chooses to permit dual citizenship:
   • it must not discriminate against such citizens except, if the laws of that WA state permit and subject to extant WA resolutions, in cases of:
     
     • war (declared or otherwise) between that WA state and the other state(s);
     • participation in elections to any office in that WA state; and/or
     • appointment to, or employment of, the dual citizen by national or sub-national governments of that WA state;
     • clearances for national security purposes;
   • it must not deny the right to consular protection if such rights are exercised by other WA state(s) in which the dual citizen holds citizenship;
4. Hereby clarifies:
   • it is solely within the rights of a WA state to determine in accordance with its own laws whether it permits dual citizenship for its own citizens;
   • if a WA state changes its laws so that it no longer permits dual citizenship, it may not compel its own dual citizens from renouncing their other citizenship(s) nor to discriminate against such dual citizens except as per clause 3a above.