Xananu
21-09-2005, 03:36
I thank those of you who have helped me refine my current proposal. Hopefully more delegates can take a look at it and will support it. It is currently located on page 11 of the proposal list. Thanks.
If you would like to review it, here it is:
Remedies for Detained Aliens
A resolution to improve worldwide human and civil rights.
Category: Human Rights
Strength: Significant
Proposed by: Xananu
Description: NOTING that herein referenced, an "alien" is defined as a person found in a nation that is not a citizen of that nation under the respective nation's naturalization or similar laws, and such a person could be a lawful alien under the nation's immigration laws or an unlawful alien residing in a nation without the nation's approval;
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 which he or she sought resident status;
ACKNOWLEDGING that many nations indefinitely detain aliens when their home countries refuse to accept their return or other countries refuse to even accept such persons as lawful aliens;
FURTHER ACKNOWLEDGING that the indefinite detention of aliens simply because they are "nation-less" is abhorrent to human rights, and such practices shall be eliminating by this resolution;
RECOGNIZING that the "Refugee Protection Act" is severely limited when applied to detained aliens;
FURTHER RECOGNIZING the availability of habeas corpus, in many nations' legal systems, executive discretionary relief, and similar forms of relief 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. In addition to providing habeas corpus relief to detained aliens, UN-member nations may also provide discretionary relief through the executive, or any other process a nation believes to further the purpose of this resolution;
Art. 3. Any detained alien that is determined to be nation-less despite any habeas corpus proceeding or other procedures a nation may enact must be permitted to submit a request to any UN-member nation seeking, at the least, residency as a lawful alien, yet this article in no way prohibits a nation from extending or granting a detained alien citizenship from such a request;
Art. 4. If any detained alien is still deemed to be nation-less after seeking relief under Articles 1, 2, and 3 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 lawful alien;
Art. 5. In considering an alien's request for UN involvement in determing his or her residency 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. 6. No nation shall be limited by this resolution when genuine, specific concerns for ensuring national security are cited;
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: 13 (Of Cascadia, Ecopoeia, Yeldan UN Mission, Shariann, WZ Forums, Punrovia, Suuropolis, Scandinavian Duchies, Republic of Freedonia, Nosedondekistan, The Smelly Hippys, Gymnophobia, Flanagania)
Status: Lacking Support (requires 116 more approvals)
Voting Ends: Fri Sep 23 2005
If you would like to review it, here it is:
Remedies for Detained Aliens
A resolution to improve worldwide human and civil rights.
Category: Human Rights
Strength: Significant
Proposed by: Xananu
Description: NOTING that herein referenced, an "alien" is defined as a person found in a nation that is not a citizen of that nation under the respective nation's naturalization or similar laws, and such a person could be a lawful alien under the nation's immigration laws or an unlawful alien residing in a nation without the nation's approval;
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 which he or she sought resident status;
ACKNOWLEDGING that many nations indefinitely detain aliens when their home countries refuse to accept their return or other countries refuse to even accept such persons as lawful aliens;
FURTHER ACKNOWLEDGING that the indefinite detention of aliens simply because they are "nation-less" is abhorrent to human rights, and such practices shall be eliminating by this resolution;
RECOGNIZING that the "Refugee Protection Act" is severely limited when applied to detained aliens;
FURTHER RECOGNIZING the availability of habeas corpus, in many nations' legal systems, executive discretionary relief, and similar forms of relief 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. In addition to providing habeas corpus relief to detained aliens, UN-member nations may also provide discretionary relief through the executive, or any other process a nation believes to further the purpose of this resolution;
Art. 3. Any detained alien that is determined to be nation-less despite any habeas corpus proceeding or other procedures a nation may enact must be permitted to submit a request to any UN-member nation seeking, at the least, residency as a lawful alien, yet this article in no way prohibits a nation from extending or granting a detained alien citizenship from such a request;
Art. 4. If any detained alien is still deemed to be nation-less after seeking relief under Articles 1, 2, and 3 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 lawful alien;
Art. 5. In considering an alien's request for UN involvement in determing his or her residency 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. 6. No nation shall be limited by this resolution when genuine, specific concerns for ensuring national security are cited;
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: 13 (Of Cascadia, Ecopoeia, Yeldan UN Mission, Shariann, WZ Forums, Punrovia, Suuropolis, Scandinavian Duchies, Republic of Freedonia, Nosedondekistan, The Smelly Hippys, Gymnophobia, Flanagania)
Status: Lacking Support (requires 116 more approvals)
Voting Ends: Fri Sep 23 2005