Welcome Guest [Log In] [Register]

WE HAVE MOVED. CLICK HERE TO ACCESS THE NEW FORUM!


Please note that this forum is now archived, and some links may not work. To access forums, please click on the text above the banner and NOT the banner itself. If you have any questions please contact CGJ


Getting you started...
News and Announcements
Government
Regional Assembly Business
Introduce yourself!

Claim your spot on the map

Join the Regional Assembly

Check out the Hall of Guidance

Get involved in some Open Roleplays
Donate to our Recruitment Program

Time until The Independent Order's Fourth Birthday:

Grand Chancellor: Beatrice
Vice Chancellor: CGJ

Premier: DaveIronside
Vice Premier: SatanLord
Minister for Home Affairs: Yolotan
Minister for Foreign Affairs: Tama

Speaker of the Assembly: Zee
Lord Chief Justice: Achkaerin
Roleplay Moderator: DaveIronside
Votes:
None
Debates:
Roleplay Realism Buff Act
Request for an Inquiry into the use of mass-alts in the Z-Day episode

Welcome to the Independent Order Archive.


You're currently viewing our forum as a guest. If you previously had an account on the forum, then feel free to login. If you're new, please note we have moved to a new forum and have left this forum here to serve as an archive.

Username:   Password:
DEBATE - Creation of the Refugee Council
Topic Started: 23rd November 2015 - 08:24 PM (324 Views)
NordicPeoples
Member Avatar

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

Quote:
 
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

[1] 6 RL months
Edited by DaveIronside, 23rd November 2015 - 08:39 PM.
Posted Image
Ríocht de Uí Ceinnselaig
Kingdom of Ui Ceinnselaig
Is treise gliocas ná neart.

Factbook
Posted Image
The Odinist Republic of Åland
"Nio ädla dygder"
"Ni edle dyder"
"Nine Noble Virtues"
Factbook
Off | --
Profile
Quote
 
Sekkanar
Member Avatar

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."
Shiryokokas/Altumhechis Factbook | Meche Factbook | NationStates: Shiryokokas | NationStates: Altumhechis | Nationstates: Meche
Veritas et Shiryos | Kamis Nos Anaisutit | Liverta'etal Nezuadkon
Posted Image - The Right Honorable Baroness Sekkanar
Off | --
Profile
Quote
 
DaveIronside
Member Avatar
Bendix Landau (1880-1939)
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
Edited by DaveIronside, 23rd November 2015 - 08:40 PM.
Posted Image
"Togetherness Is Strength"
May The Gods Watch Over You and Your Aim Be True
Factbook


Military Awards and Commendations
Posted Image
Infinite Alliance Liberation Medal
Posted Image
"Stand Firm and Strike Hard"
Factbook of Mercia
Off | --
Profile
Quote
 
Achkaerin
Member Avatar

OOC- image included for the purposes of knowing who I've got debating this

Posted Image

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:

Quote:
 
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."
Posted Image
The Rt. Hon Achkaerin PC
Marquess, Lord Chief Justice,
TIO Cartographer, Sports Coordinator

National Roleplay
Achkaerin Chronicles (Vignettes)
Isanity (Vignettes)
Maestro, Muse and Expressionism (Specialist Vignette)
Encyclopedia Achkaerin
Who's Who? (Characters)
Achkaerin News Service
Achkaerin Press Office


Legal LegislationJPSE Act
Judiciary Act


Other FictionDetective Jack Sullivan Stories

Off | --
Profile
Quote
 
NordicPeoples
Member Avatar

"if the wording is your concern then Miss Saunders you are more than welcome to suggest any edit you think fitting."
Posted Image
Ríocht de Uí Ceinnselaig
Kingdom of Ui Ceinnselaig
Is treise gliocas ná neart.

Factbook
Posted Image
The Odinist Republic of Åland
"Nio ädla dygder"
"Ni edle dyder"
"Nine Noble Virtues"
Factbook
Off | --
Profile
Quote
 
Achkaerin
Member Avatar

"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."
Posted Image
The Rt. Hon Achkaerin PC
Marquess, Lord Chief Justice,
TIO Cartographer, Sports Coordinator

National Roleplay
Achkaerin Chronicles (Vignettes)
Isanity (Vignettes)
Maestro, Muse and Expressionism (Specialist Vignette)
Encyclopedia Achkaerin
Who's Who? (Characters)
Achkaerin News Service
Achkaerin Press Office


Legal LegislationJPSE Act
Judiciary Act


Other FictionDetective Jack Sullivan Stories

Off | --
Profile
Quote
 
NordicPeoples
Member Avatar

Quote:
 
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


"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
Posted Image
Ríocht de Uí Ceinnselaig
Kingdom of Ui Ceinnselaig
Is treise gliocas ná neart.

Factbook
Posted Image
The Odinist Republic of Åland
"Nio ädla dygder"
"Ni edle dyder"
"Nine Noble Virtues"
Factbook
Off | --
Profile
Quote
 
Achkaerin
Member Avatar

"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."
Posted Image
The Rt. Hon Achkaerin PC
Marquess, Lord Chief Justice,
TIO Cartographer, Sports Coordinator

National Roleplay
Achkaerin Chronicles (Vignettes)
Isanity (Vignettes)
Maestro, Muse and Expressionism (Specialist Vignette)
Encyclopedia Achkaerin
Who's Who? (Characters)
Achkaerin News Service
Achkaerin Press Office


Legal LegislationJPSE Act
Judiciary Act


Other FictionDetective Jack Sullivan Stories

Off | --
Profile
Quote
 
DaveIronside
Member Avatar
Bendix Landau (1880-1939)
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.
Posted Image
"Togetherness Is Strength"
May The Gods Watch Over You and Your Aim Be True
Factbook


Military Awards and Commendations
Posted Image
Infinite Alliance Liberation Medal
Posted Image
"Stand Firm and Strike Hard"
Factbook of Mercia
Off | --
Profile
Quote
 
CGJ
Member Avatar
Franz Kaufmann (1886-1944)
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!
Posted ImageThe 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.
Off | --
Profile
Quote
 
NordicPeoples
Member Avatar

OOC- With no comments on this then I'll move this to vote on Monday 10pm UK time
Posted Image
Ríocht de Uí Ceinnselaig
Kingdom of Ui Ceinnselaig
Is treise gliocas ná neart.

Factbook
Posted Image
The Odinist Republic of Åland
"Nio ädla dygder"
"Ni edle dyder"
"Nine Noble Virtues"
Factbook
Off | --
Profile
Quote
 
1 user reading this topic (1 Guest and 0 Anonymous)
« Previous Topic · Archive · Next Topic »

May the force be with you.