[PASSED] Consular Protection Arrangements

[LiberzanEmpire]

The General Assembly

Consular Protection Arrangements

A resolution to improve worldwide human and civil rights.

Category: Civil Rights | Strength: Mild | Proposed by: Simone Republic

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:

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;

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;

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;

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;

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;

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;

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;

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.

Link to the discussion on the NS Forums

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