NationStates Jolt Archive


Revised proposal now submitted

Xananu
26-09-2005, 13:06
I have re-submitted my Remedies for Detained Aliens proposal. I hope those of you who supported last time can do so again, and those of did not get a chance to support it will this time. We were really close last time so let's get this one in the quene now.

It is currently on page 7 of the proposals, but you can also type in "detained" into the search bar at the bottom of the proposals screen.

Here is the revised version:

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


Category: Human Rights
Strength: Significant
Proposed by: Xananu

Description: NOTING that an "alien" is defined as a person residing in a nation that has not granted that person full citizenship rights under that nation's naturalization or similar laws.

This definition shall be construed to apply to persons lawfully residing in a nation under that nation's immigration laws and to persons not authorized to reside in the nation in which they are residing;

NOTING FURTHER that herein referenced, an alien is deemed to be "nation-less" if that alien is prohibited from:

(1) entering the nation in which they are presently detained,

(2) returning to the nation from which they most immediately departed, and

(3) 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 eliminated 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 for 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 when he or she only requests legal residency;

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(s), or a tribunal 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 UN nations to seek diplomatic and well-reasoned decisions with fellow nations in providing detained or soon-to-be detained aliens a home nation.

Voting Ends: Thu Sep 29 2005