Forced Banishment Ban

Resolution History

Overview

Proposal Campaign

UN Debate

Resolution Text

Alarmed that some nations use the removal of citizenship and/or permanent banishment of citizens from their home nation as punishment for various crimes/actions.

Defining banishment as the forcible permanent expulsion of a citizen from the nation of his/her birth or naturalisation by judicial or government order.

Defining exile as the forcible or voluntary permanent or temporary expulsion of a citizen from the nation of his/her birth or naturalisation by judicial or government order.

Defining citizenship as the fundamental and legal right of a person to permanently reside in a nation by virtue of birth within that nation, having dual citizenship of that nation and at least one other, or by an immigrant obtaining permanent citizen status under that nation’s law.

Noting such a punishment forces other nations to accept and care for these criminals. This forces those receiving nations to put their own people at risk, and to deal with the problems that the home nation is using forced banishment to avoid, whether they have the resources available to do so or not.

Believing that all a nation’s criminals should be dealt with within their own native nations borders if the crime/action was committed within that nation.

Believing a punishment that forces both dangerous and non-dangerous criminals to seek refuge in other states is grossly unfair and unjust to the international community.

Mandates the following

1. No nation may use forced permanent or temporary banishment from their home nation, as a punishment for any reason against a native born, dual or naturalised citizen.

2. No nation may forcibly remove the citizenship of any native born, dual or naturalised citizen for any reason.

3. No nation may use deceptive means to force native born, dual or naturalised citizens to agree voluntarily to permanent banishment from their home nation. Such methods include but are not limited to threatening the victim’s family and giving a choice between banishment and death.

4. No nation may change the citizenship status of native born, dual or naturalised citizens in any way to circumvent the above laws.

Any native born, dual or naturalised citizen may at any time give free and uncoerced agreement to voluntary go into permanent or temporary exile from their home nation if they so choose. In these cases, the victim must be allowed to take any personal possessions he/she wishes to take, and family/friends must be allowed to accompany him/her without restrictions. Voluntary banishment or exile must not include removal of citizenship unless the victim gives free and uncoerced consent.

In the case of voluntary banishment or exile, the home nation must find another nation willing to accept the criminal, with full knowledge of his/her background and crimes, before the victim is permitted to leave the home nation.

Votes For: 3,953

Votes Against: 9,963

Voting Ended: Sun Dec 16 2005

Additional Materials

• Forced Banishment Ban UN Floor Debate
• UN Draft Proposal Discussions
• UN Timeline
• United Nations