[Draft 4] - Right to Exit a Member State

[Simone]

The World Assembly (WA),

Affirming that the fundamental right for an inhabitant to freely exit a WA state, at any time, temporarily or permanently, of their own free will and accord;

The WA hereby enacts as follows:

1. Right to exit.
   No restrictions can be placed on an individual from exiting a WA state, unless a WA state can demonstrate that the particular individual:
   1. is deemed legally incompetent in the said WA state and has not been permitted to exit the state by the legal guardian or conservator of the individual;
   2. has been granted bail pending trial for a serious criminal offence, that bail is granted on condition of that inhabitant staying in the WA state, and that the inhabitant has exhausted all avenues of appeal (or waived appeals) against bail conditions;
   3. has been duly convicted of jumping bail or has violated duly imposed conditions of incarceration or parole;
   4. has failed to respond to a duly issued arrest warrant for a serious criminal offence; or
   5. has been duly convicted of a previous serious criminal offence, and the sentencing tariff (or other conditions such as parole conditions) require that inhabitants seek approval from a competent authority of that WA state prior to traveling or exiting that state.
2. Appeals to restrictions.
   The competent authorities of a WA state are required to, subject to due process:
   1. inform the inhabitant if they are restricted from travel, and provide channels for appeals on such restrictions;
   2. regularly review such restrictions, and ensure that they are only in place strictly for as long necessary;
   3. consider any humanitarian requests for temporary exits, such as to attend funerals, subject to due process.
3. No retribution.
   1. If someone leaves the WA state in violation of clause 1, no WA state may impose retribution on anyone related to that individual, such as relatives, friends, or associates, for the said direct violation.
   2. This resolution does not govern offences under other applicable laws, such as a prison warden charged with abetting a jailbreak.
4. Exclusions. This resolution does not govern the following circumstances:
   1. exits if the WA state is at a state of war (declared or otherwise);
   2. exits by employees or representatives of the WA or WA organs acting in an official capacity;
   3. transfers of prisoners between WA states where the prisoners transferred continues to serve their sentences;
   4. anyone duly subject to a medical quarantine imposed by a WA state or by an organ of the WA;
   5. anyone subject to limited emergency civilian service, subject to the adjudication of the International Humanitarian Aid Coordination Committee.