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DEBATE - Creation of the Refugee Council
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Topic Started: 23rd November 2015 - 08:24 PM (324 Views)
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NordicPeoples
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23rd November 2015 - 08:24 PM
Post #1
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GENERAL ASSEMBLY SUBMISSION FORM Formal Name of Submitting Nation(s): The Union of Nordic People Nations involved: All CTO members Title of Submission: The Creation of the Refugee Council
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Commonwealth Treaty Organisation General Assembly Resolution
Resolution [XXXX] Adopted by the General Assembly on [Date]The General Assembly,Recognisingthat recent conflicts have caused a refugee crisis. Believing nations could have done more to prevent loss of life. Recognising that the swift actions of several nations and organisations including East Moreland, Ossario, Achkaerin, Rokkenjima and the Joint Emergency Team did much to save life Convinced that such swift action is required for future refugee crisis 1. Authorises the Secretary General to establish the CTO Refugee Council in accordance with Appendix 1 of this resolution 2. Further Authorises the Secretary General to appoint an interim Council Chair until Appendix 1 can be fully implemented Appendix One
The Refugee Council shall be a multi-national non governmental organisation under the umbrella of the CTO.
DEFINITIONS
For the purpose of this document a refugee shall be defined as any who; owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
In the case of a person who has more than one nationality, the term “the country of his nationality” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.
AIMS
1. To provide a framework to allow refugees to receive timely and organised aid 2. To put in place provision for the safe movement of refugees 3. To maintain a database of refugees 4. To aid refugees in returning, whenever possible, to the county of his nationality. 5. To liase with nations affected by refugees 6. To liase with nations and agencies involved with aiding refugees 7. To act as a guardian for the rights of refugees
ARTICLES
1. Any nation who is a member of the Commonwealth Treaty Organisation (CTO) and who has ratified this charter is considered a full member.
2. Nations who are not CTO members may apply for Observer status should they receive support of 75% of all full members and ratified this charter. An observer may propose actions to the council, take a full part in debates but shall not be permitted to vote.
3. The organisation shall consist of a Council and shall appoint a Council Chair.
4. The council consists of one representative authorised by each full member and observer nation.
5. The Council Chair shall be appointed by the Council using a majority vote.
6. A Council Chair shall serve for a term of six years and may not serve consecutive terms
7. The Council Chair shall be required to undertake the following duties.
i) Make an annual report to the General Assembly as well as any additional requested reports ii)Present proposals to the Council for debate. iii)Chair Council meetings iv)Ensure accurate records of council meetings are kept v) Represent the organisation in talks with national governments vi)Liaise with other agencies to fulfil the organisations aims. vii) Promote Refugee Rights in all nations
8. The Refugee Council shall be required to undertake the following duties.
i) Hold the Council Chair to account. The Council may replace the Chair should 75% of all Full members support a vote of no confidence. ii)Work to promote Refugee Rights within their home nation. iii)Liaise with agencies within their home nations iv) Make an annual report to the chair about the state of refugees within their nation. v) Present proposals to the Council for debate vi) Provide support to the Chair if requested.
9. The Refugee Council shall be permitted to issue, as a matter of last resort, a CTO Passport to refugees.
10. A Refugee shall have the following responsibilities.
a) To comply with the laws of the nation in which they are residing b) To register as a refugee as soon as they are no longer in danger c) To inform the government of the nation they reside in of any change in circumstances
11. A refugee shall have the following rights
a) To be treated no less favourably than a foreign citizen residing in the host nation. b) To be permitted to obtain material possessions c) To be permitted to gain lawful employment in accordance with the host nations laws. d) To have full access to courts of law e) To have the right to communicate with the Refugee Council or its Council Chair
12. The Refugee Council shall recruit its own staff who may not hold any position within the government or military of their home nation.
13. The Refugee Council shall be funded by a combination of donations by member nations and private donors. All private donors must be declared to the CTO General Assembly.
14. The Refugee Council may operate it is own fleet of aircraft and naval vessels. This shall be registered in the Union of Nordic People, however should circumstances dictate they may be registered in any Full Member nation deemed fit by the Council Chair
15. Once the conditions that have made someone a refugee have ceased to exist they are freely permitted to return home.
[1] 6 RL months
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Factbook |  The Odinist Republic of Åland "Nio ädla dygder" "Ni edle dyder" "Nine Noble Virtues" Factbook
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Sekkanar
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23rd November 2015 - 08:37 PM
Post #2
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There is a grammatical error in Article 15, it reads as "15. Once the conditions that have made someone a refugee has ceased to exist they are freely permitted to return home." when it should read as "15. Once the conditions that have made someone a refugee have ceased to exist they are freely permitted to return home."
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- The Right Honorable Baroness Sekkanar
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DaveIronside
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23rd November 2015 - 08:39 PM
Post #3
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Bendix Landau (1880-1939)
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OK, how come I still have the ability in CTO to edit other people's posts.......Admins may need to check that. Anyway the grammar has been corrected
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Achkaerin
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23rd November 2015 - 09:55 PM
Post #4
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OOC- image included for the purposes of knowing who I've got debating this

Lisa Saunders
"Article 15 is a problem regardless of the point made by the Odmonian delegate." Lisa said pausing to sip her water and check her notes on her tablet "If I may ask the question- in the event of a prolonged conflict what are we expecting members of this council to do in the event of the war being ongoing and a refugee wishing to return before article 15 is satisfied because the use of the word freely in article 15 suggests that in such a case they are not free to return and that further implies that states would be expected to forcibly prevent refugee's returning potentially through detention which is firstly unacceptable, secondly discriminatory and thirdly a breach of the MCUR- specifically article 6:
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Article 6 - Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (a) the lawful detention of a person after conviction by a competent court; (b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; (d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; (f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
"Now nowhere in law will you find any obligation allowing for this sort of measure that is potentially implied by article 15 because it would be false imprisonment- to want to return home is a choice, doing so when there's a war in your homeland only makes it a poor choice it doesn't give the state you're presently in the right to stop you leaving because you are not committing an offence.
Therefore until we know what states will be expected to do in this situation of a return before article 15 is met I do not believe that any MCUR signatory can possibly agree to this resolution, lest they become liable."
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NordicPeoples
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23rd November 2015 - 11:29 PM
Post #5
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"if the wording is your concern then Miss Saunders you are more than welcome to suggest any edit you think fitting."
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 Ríocht de Uí Ceinnselaig Kingdom of Ui Ceinnselaig Is treise gliocas ná neart.
Factbook |  The Odinist Republic of Åland "Nio ädla dygder" "Ni edle dyder" "Nine Noble Virtues" Factbook
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Achkaerin
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23rd November 2015 - 11:55 PM
Post #6
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"Personally to rectify the issue I would either simply scrap article fifteen completely or I would make it read something like:
'A refugee is advised to wait until the circumstances that made them a refugee have ceased to exist before returning home. They may return home in advance of such a moment but if they choose to do so then they do so at their own risk.'
If we keep article fifteen then it needs to be clear that firstly states can't stop refugee's returning home early unless there's just cause to do so, such as the refugee committing a criminal offence in the country they've been resident in. Secondly it needs to be clear that if they return home prior to the crisis resolving that they are singularly responsible for their own safety.
Or to put it another way when they leave early under these circumstances they take the duty of care that the residing nation would have for them from that nation's authorities and take it on themselves."
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NordicPeoples
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24th November 2015 - 10:14 PM
Post #7
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- Quote:
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Commonwealth Treaty Organisation General Assembly Resolution
Resolution [XXXX] Adopted by the General Assembly on [Date]The General Assembly,Recognisingthat recent conflicts have caused a refugee crisis. Believing nations could have done more to prevent loss of life. Recognising that the swift actions of several nations and organisations including East Moreland, Ossario, Achkaerin, Rokkenjima and the Joint Emergency Team did much to save life Convinced that such swift action is required for future refugee crisis 1. Authorises the Secretary General to establish the CTO Refugee Council in accordance with Appendix 1 of this resolution 2. Further Authorises the Secretary General to appoint an interim Council Chair until Appendix 1 can be fully implemented Appendix One
The Refugee Council shall be a multi-national non governmental organisation under the umbrella of the CTO.
DEFINITIONS
For the purpose of this document a refugee shall be defined as any who; owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
In the case of a person who has more than one nationality, the term “the country of his nationality” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.
AIMS
1. To provide a framework to allow refugees to receive timely and organised aid 2. To put in place provision for the safe movement of refugees 3. To maintain a database of refugees 4. To aid refugees in returning, whenever possible, to the county of his nationality. 5. To liase with nations affected by refugees 6. To liase with nations and agencies involved with aiding refugees 7. To act as a guardian for the rights of refugees
ARTICLES
1. Any nation who is a member of the Commonwealth Treaty Organisation (CTO) and who has ratified this charter is considered a full member.
2. Nations who are not CTO members may apply for Observer status should they receive support of 75% of all full members and ratified this charter. An observer may propose actions to the council, take a full part in debates but shall not be permitted to vote.
3. The organisation shall consist of a Council and shall appoint a Council Chair.
4. The council consists of one representative authorised by each full member and observer nation.
5. The Council Chair shall be appointed by the Council using a majority vote.
6. A Council Chair shall serve for a term of six years and may not serve consecutive terms
7. The Council Chair shall be required to undertake the following duties.
i) Make an annual report to the General Assembly as well as any additional requested reports ii)Present proposals to the Council for debate. iii)Chair Council meetings iv)Ensure accurate records of council meetings are kept v) Represent the organisation in talks with national governments vi)Liaise with other agencies to fulfil the organisations aims. vii) Promote Refugee Rights in all nations
8. The Refugee Council shall be required to undertake the following duties.
i) Hold the Council Chair to account. The Council may replace the Chair should 75% of all Full members support a vote of no confidence. ii)Work to promote Refugee Rights within their home nation. iii)Liaise with agencies within their home nations iv) Make an annual report to the chair about the state of refugees within their nation. v) Present proposals to the Council for debate vi) Provide support to the Chair if requested.
9. The Refugee Council shall be permitted to issue, as a matter of last resort, a CTO Passport to refugees.
10. A Refugee shall have the following responsibilities.
a) To comply with the laws of the nation in which they are residing b) To register as a refugee as soon as they are no longer in danger c) To inform the government of the nation they reside in of any change in circumstances
11. A refugee shall have the following rights
a) To be treated no less favourably than a foreign citizen residing in the host nation. b) To be permitted to obtain material possessions c) To be permitted to gain lawful employment in accordance with the host nations laws. d) To have full access to courts of law e) To have the right to communicate with the Refugee Council or its Council Chair
12. The Refugee Council shall recruit its own staff who may not hold any position within the government or military of their home nation.
13. The Refugee Council shall be funded by a combination of donations by member nations and private donors. All private donors must be declared to the CTO General Assembly.
14. The Refugee Council may operate it is own fleet of aircraft and naval vessels. This shall be registered in the Union of Nordic People, however should circumstances dictate they may be registered in any Full Member nation deemed fit by the Council Chair
15. A refugee is advised to wait until the circumstances that made them a refugee have ceased to exist before returning home. They may return home in advance of such a moment but if they choose to do so then they do so at their own risk.
"Having listened to your point, I have edited the text to your suggestion. The main concern is that we ensure that these refugees are not denied their right to their own homes, and I'm satisfied the new wording does that while satisfying the MCUR." [1] 6 RL months
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Factbook |  The Odinist Republic of Åland "Nio ädla dygder" "Ni edle dyder" "Nine Noble Virtues" Factbook
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Achkaerin
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25th November 2015 - 11:40 PM
Post #8
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"While it may not need including in this resolution may we have it placed on record that the first matter dealt with by the Refugee Council once the administrative matters of its creation and structure are dealt with be the establishment of protocols relating to how the CTO Passport mentioned at article nine of the appendix be used and understood."
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DaveIronside
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25th November 2015 - 11:42 PM
Post #9
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Bendix Landau (1880-1939)
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OOC- Being a co drafty of this I'd like to say the CTO Passport takes its inspiration from the old League of Nations Nanson (Not sure of the spelling) Passport, so if people want ideas check that out.
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CGJ
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26th November 2015 - 01:32 AM
Post #10
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Franz Kaufmann (1886-1944)
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- DaveIronside
- 23rd November 2015 - 08:39 PM
OK, how come I still have the ability in CTO to edit other people's posts.......Admins may need to check that. Anyway the grammar has been corrected OOC: You have such powers no more!
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 | The Most Honourable Marquess CGJ PC Vice Chancellor
Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.
Submitted Legislation The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office) Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC). Member of the Cultural Exchange Treaty Organisation (CETO). Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention. |
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NordicPeoples
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28th November 2015 - 01:41 PM
Post #11
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OOC- With no comments on this then I'll move this to vote on Monday 10pm UK time
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 Ríocht de Uí Ceinnselaig Kingdom of Ui Ceinnselaig Is treise gliocas ná neart.
Factbook |  The Odinist Republic of Åland "Nio ädla dygder" "Ni edle dyder" "Nine Noble Virtues" Factbook
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