[GA, Passed] - Consular Protection Arrangements

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Consular Protection Arrangements
Category: Civil Rights | Strength: Mild
Proposed by: Simone Republic | Onsite Topic


The World Assembly (WA);

Noting that travelers abroad may sometimes need assistance due to unforeseen circumstances;

Desiring better assistance that may be offered to them by their home states;

Hereby:

  1. Defines:
    • Citizen(s) to mean individual(s) holding valid citizenship in a home state;
    • Home state to mean the WA state where the citizen has citizenship;
    • Host state to mean the state where the home state's citizen is located at the time assistance is sought;
    • Mission to mean a diplomatic mission of a WA state and mission staff to mean accredited representatives of that state;
    • State to mean any state and WA state to mean a member of the WA;
    • WACC to mean the WA Compliance Commission;
  2. Requires a home state, if it receives a request from a citizen, to offer assistance on the following:
    • Any adoptions of children from the host state, and for migration, subject to extant resolutions;
    • Issuing any identity documents needed from time to time, such as emergency passports;
    • Any repatriations in an emergency if a citizen lacks the means to do so, including:
      • Issuing temporary travel documents and assist in exiting the host state, if required;
      • Arranging for transit to return to the home state, if needed;
      • Repatriating a citizen to the home state if that citizen dies in the host state, if a prior wish for repatriation had been expressed or at the request of the deceased's next of kin;
  3. Requires a home state, if a citizen is accused of a criminal offence in the host state, to offer assistance on the following matters:
    • Provide guidance on the legal process of the host state;
    • Arrange for competent legal advice or representation for the citizen, if such services are not provided by the host state;
    • Attend the judicial proceedings of the citizen to the maximum extent permitted;
    • Assist in providing mental health, translation and interpreting services, if such services are not provided by the host state;
    • Provide reasonable financial assistance for legal and other expenses if the home state deems fit;
    • From time to time (and with reasonable frequency, if requested by the citizen) have its mission staff meet with the citizen in a setting with sufficient levels of privacy, in order to offer or to render support;
  4. Requires a home state to promptly offer assistance on the following matters, in addition to the assistance offered in clause 4, if a citizen of the home state is detained by the authorities of the host state, or is convicted of a criminal offence and incarcerated in the host state;
    • Provide guidance on means for appeal(s) or seek other judicial relief;
    • Facilitate visits by family members of the citizens to the host state to visit the detained citizen;
    • Increased mental, visitation and other support to and for the citizen as the mission deems fit;
  5. Requires a home state, if it has no mission(s) in a host state, to:
    • Request the help of another WA state ("assisting state") that has a mission in the host state in offering the said assistance and any other assistance it may request;
    • Require that the assisting state not decline such request(s) from the home state making such request(s), so long as:
      • The home state fully indemnifies the assisting state for all the costs incurred; and
      • The assisting state deems itself capable of offering such assistance;
  6. Requires a home state:
    • Not to revoke citizenship on its own citizens on the grounds of the said citizen seeking assistance under this resolution;
    • Make all offers of assistance promptly and to the fullest extent possible, given its own capabilities;
  7. Requires the host state, if it is a WA state, to:
    • Fully cooperate with the home state(s) in the rendering of all assistance as defined in this resolution;
    • Not entice or coerce someone to not seek assistance from their home state;
    • Not object to the citizen that is both a citizen of the host state and the home state to request assistance from a home state, or the home state to render assistance to the citizen, subject to extant resolutions;
  8. Clarifies:
    • This resolution does not regulate whether a home state decides to extend consular protection to residents of that state that are not citizens of that state;
    • A citizen may voluntarily decline any assistance offered for any reason if so desired;
    • In case of disputes between WA states over this resolution, WACC shall have jurisdiction on a de novo basis.
Note: Only votes from TNP WA nations, NPA personnel, and those on NPA deployments will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote. If you are on an NPA deployment without being formally registered as an NPA member, name your deployed nation in your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!


ForAgainstAbstainPresent
18000
 
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Overview
This resolution builds on General Assembly Resolution # 164 "Consular Rights" by considerably expanding the assistance that a citizen can request from their home state in the event they are stranded overseas, or in need of legal assistance, e.g. getting emergency travel documents issued, legal and translation assistance, mental health services. It further puts in place a mechanism for another World Assembly member nation to help out if the citizen's home state does not have a consular mission in that member nation, as well as requiring that member nation not impede any help offered.

Recommendation
We believe the resolution at vote fixes a number of flaws from a similar resolution by the same author back in June 2023 - namely, complaints that the then proposal excluded asylum seekers and refugees, and with complex medical evacuation requirements, the author's previous proposal felt like an obnoxious advert for travel insurance. These flaws have been fixed in this proposal.

For the above reason, the Ministry of World Assembly Affairs recommends a vote For the General Assembly Resolution At Vote, "Consular Protection Arrangements."
 
For as author. Happy to answer any questions. This is a re-run of "Consular Protection Protocols" from June 2023 which was defeated because I made an exemption for refugees (forgetting that I haven't submitted the refugee resolution). Also it removed some of the wording on medical evacuations which was criticised for running an in-game emergency medical evacuation service.

A lot of the details on the history of this resolution are in the gameside topic.
 
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I am, of course, entirely in favour of this proposal. The legislation contains a comprehensive set of regulations for the advancement of vital protections for international travellers.
 
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