NationStates Jolt Archive

So may proposal was kicked off--probably because of the "house of cards" problem. Anyhow, it gave me a chance to refine my original proposal. Let me know if this is better--by replying and voting for it.



Remedies for Detained Aliens
A resolution to improve worldwide human and civil rights.


Category: Human Rights
Strength: Significant
Proposed by: Xananu

Description: ACKNOWLEDGING that many nations indefinitely detain aliens when their home countries refuse to accept their return or other countries refuse to accept such persons as citizens;

FURTHER ACKNOWLEDGING that the indefinite detention of aliens simply because they are "nation-less" is abhorrent to human rights, and such practices should be eliminating by this resolution;

NOTING that herein referenced, an "alien" is defined as a person found in a nation that is not a legal resident under the respective nation's naturalization or immigration laws;

NOTING FURTHER that herein referenced, an alien is deemed to be "nation-less" if that alien is prohibited from entering the nation in which they are presently detained, is also prohibited from returning to the nation from which they most immediately departed, and additionally prohibited from entering more than two (2) nations from he or she sought citizenship;

RECOGNIZING that the "Refugee Protection Act" is severely limited when applied to detained aliens;

FURTHER RECOGNIZING the availability of habeas corpus, in many nations, to detained aliens when their legal status is being determined or has already been determined;

HEREBY RESOLVES:

Article 1. Any UN-member nation that permits the indefinite detention of aliens for any reason shall enact procedures to allow such aliens to seek freedom under the principles of habeas corpus;

Art. 2. Any detained alien that is determined to be nation-less despite any habeas corpus proceeding must be permitted to submit a request to any UN-member nation seeking citizenship;

Art. 3. If any detained alien is still deemed to be nation-less after seeking relief under Articles 1 and 2, then such person must be permitted to request the UN, or any reasonable body, agency, or court approved by the UN, to provide relief by recommending, appointing, or ruling a nation to take the detained alien as a citizen;

Art. 4. In considering an alien's request for UN involvement in determing his or her citizenship in a new nation, the UN would be advised to create a committee or committees to decide such requests so as to not take away from the general business of the UN; and

Art. 5. No nation should be limited by this resolution when citing specific concerns for ensuring national security;

ENCOURAGES all nations to seek diplomatic and well-reasoned decisions with fellow nations in providing detained or soon-to-be detained aliens a home nation; and

STRONGLY ENCOURAGES all nations to stop indefinitely detaining aliens for any reason, and to implement other procedures and policies not provided here to prevent such detentions with due respect to human rights.

Approvals: 0

Status: Lacking Support (requires 130 more approvals)

Voting Ends: Tue Sep 20 2005

We support this resolution and will alert our regional delegate, whom we are sure will back it.

May the blessings of our otters be upon you.

Leonard Otterby
Ambassador for the Republic of Compadria to the U.N.

Remedies for Detained Aliens
A resolution to improve worldwide human and civil rights.


Category: Human Rights
Strength: Significant
Proposed by: Xananu

Description: ACKNOWLEDGING that many nations indefinitely detain aliens when their home countries refuse to accept their return or other countries refuse to accept such persons as citizens;

FURTHER ACKNOWLEDGING that the indefinite detention of aliens simply because they are "nation-less" is abhorrent to human rights, and such practices should be eliminating by this resolution;

NOTING that herein referenced, an "alien" is defined as a person found in a nation that is not a legal resident under the respective nation's naturalization or immigration laws;

When I read the first couple of lines, I thought it was about UFOs (though I sometimes get confused about this) I think it would be a good idea to put this line at the top of the proposal, so it is clear at the beginning of the proposal what you are talking about.

NOTING FURTHER that herein referenced, an alien is deemed to be "nation-less" if that alien is prohibited from entering the nation in which they are presently detained, is also prohibited from returning to the nation from which they most immediately departed, and additionally prohibited from entering more than two (2) nations from he or she sought citizenship;

Again, I think you need to put this at the top, that way you set up all the definitions before hand.

RECOGNIZING that the "Refugee Protection Act" is severely limited when applied to detained aliens;

FURTHER RECOGNIZING the availability of habeas corpus, in many nations, to detained aliens when their legal status is being determined or has already been determined;

HEREBY RESOLVES:

Article 1. Any UN-member nation that permits the indefinite detention of aliens for any reason shall enact procedures to allow such aliens to seek freedom under the principles of habeas corpus;

Nice reference to habeas corpus.

Art. 2. Any detained alien that is determined to be nation-less despite any habeas corpus proceeding must be permitted to submit a request to any UN-member nation seeking citizenship;

Art. 3. If any detained alien is still deemed to be nation-less after seeking relief under Articles 1 and 2, then such person must be permitted to request the UN, or any reasonable body, agency, or court approved by the UN, to provide relief by recommending, appointing, or ruling a nation to take the detained alien as a citizen;

Art. 4. In considering an alien's request for UN involvement in determing his or her citizenship in a new nation, the UN would be advised to create a committee or committees to decide such requests so as to not take away from the general business of the UN; and

Instead of creating a committe when the problem of a nation-less alien comes up, why not create it now? You can create a UN Alien Control Centre or something :D That way, its definate, and its already there.

Art. 5. No nation should be limited by this resolution when citing specific concerns for ensuring national security;

ENCOURAGES all nations to seek diplomatic and well-reasoned decisions with fellow nations in providing detained or soon-to-be detained aliens a home nation; and

STRONGLY ENCOURAGES all nations to stop indefinitely detaining aliens for any reason, and to implement other procedures and policies not provided here to prevent such detentions with due respect to human rights.

I have a problem here. Your saying to release detained aliens indefinatly, but if an alien is in jail, awaiting trial for murder, then, according to this, you would have to release the detained alien. I think you should add a line like
"STRONGLY ENCOURAGES all nations to stop indefinitely detaining aliens for any reason unless they are awaiting trial for breaking the law of the nation where they are being detained. That way, they will be released if they didn't do anything illegally, and if they murder someone, they will be still be detained.

I really like this proposal. I think this is needed and I hope this will be passed and accepted as a resolution. However, I think it needs to be fixed up a bit. Just keep trying to make it better, and then you will have a good resolution.

Thanks for the feedback. I did not mandate that all aliens be released for any reason--only encouraging such results--so a nation would clearly be within the confines of this resolution if they are detained for breaking the law. Also, the resolution is targeted for detentions premised on aliens be held simply because they have nowhere else to call home.

I think, as written, this is a good proposal and hopefully others will think so as well.