[Advisory Question] If EPSA sends out a call for a citizen militia, would citizenship be revoked if those nations left?

Shadow · August 8, 2020, 12:38pm

During the recent call for a citizen militia from Atlae, a few interesting questions have been brought up. Assuming a citizened nation of TEP doesn’t have a puppet and moves their main nation for the citizen militia, would their citizenship be revoked or would it be protected by the Curia Act Section 3.3.3 and Section 3.9?

In addition, if a citizen nation uses a puppet in the citizen militia, would it affect nations within the Government that are WA dependent ie Viziers, Magisters, etc.? or would those nations need to reapply/ be reappointed to their positions?

Dylan · August 8, 2020, 2:16pm

I’m certainly not an Arbiter, but I’d like to say that if a Vizier took part in this, they wouldn’t be a Vizier anymore. As soon as you resign from the WA you’re no longer a Vizier. As for the rest of your question, I’ll leave it to an Arbiter to answer.

Pakitsk · August 8, 2020, 2:44pm

It seems to me that the following subsection allows a “militia” to be part of EPSA:

— Begin quote from ____

…3.3.3.The overseeing officer shall be responsible for enlisting new members of the Eastern Pacific Sovereign Army. The Delegate can always veto new enlistments.

— End quote

If the militia is separate from EPSA, one cannot be part of both:

— Begin quote from ____

…3.5. To hold rank in the Eastern Pacific Sovereign Army, a nation must be a citizen of The East Pacific and pledge not to participate in any other military organizations. If a nation cannot meet these obligations, they can not hold rank in the East Pacific Sovereign Army. The Delegate reserves the right to veto any non citizen member nomination.

— End quote

However, the following suggests that even if citizens are NOT part of EPSA, they are protected:

— Begin quote from ____

…3.9. Citizens of The East Pacific will not lose their Citizenship if their nation leaves The East Pacific on the orders of the EPSA.

— End quote

Therefore, citizens which participate in an op, even if not part of EPSA, are protected as long as their participation in an operation is ordered by an EPSA officer. This means that nobody will lose citizenship for participating in this “militia.”

Zukchiva · August 8, 2020, 3:35pm

For the most part, I agree with Paki, but I’ll just go over the entirety of my own opinion.

Preliminary question: Is this militia operating under the Eastern Pacific Sovereign Army?

I would say yes. Why?

The militia’s recruitment message, and most likely its organization, was created by Overseeing Officer Atlae and supported by Delegate Libertanny. Considering that these two people are also the top officials of the EPSA, it’s reasonable to assume the militia is acting as a sort of piler division for EPSA.
The militia is being formed to assist in an operation in which EPSA has already been participating in for a couple of days. This furthers the idea that the militia is solely meant to assisst and bolster the size of EPSA forces.
It is common practice to utilize piler divisions in EPSA. This was done under Delegate Yuno, who created a specific “reserve division”, and under Delegate Fedele, who utilized residents to pile in military operations. This isn’t the first time EPSA has formed a specific division/militia to pile.

Therefore, it is safe to say that the militia is operating under EPSA.

Now, let’s answer the two primary questions posted by Shadow:

Will militia-pilers loose their citizenship if they move their main nation out of EPSA?
No. I will also say that Section 3.3.3. does not apply to this matter. The only relevant section is Section 3.9, which is quoted here:

— Begin quote from ____

…3.9. Citizens of The East Pacific will not lose their Citizenship if their nation leaves The East Pacific on the orders of the EPSA.

— End quote

As long as they are moving on the orders of EPSA, which we can reasonably assume they are since the militia is operating under EPSA, their citizenship is protected. Infact, they do not have to be a member of EPSA to qualify for this exemption. It just has to be a legitimate order from EPSA command.

Will citizens who move their WA loose their positions mandating WA? (Viziers, Magisters, etc.)

Yes.

For Viziers who pile, they will not automatically be removed. However, loss of their WA nation within TEP is enough to constitute absence and therefore grounds for removal by Conclave vote, following the Concordat.

This method of action has been pursued before, when Vizier Elfine resigned her WA from TEP to participate in defending missions. The Conclave began deliberations to remove Elfine as Vizier, but she soon went inactive.

However, I would not say that Magisters are required to be WA. WA is only required for entry, afterwards you just need to state where your WA is when voting. It is tradition to put “EPSA” as your WA when your nation is moving on EPSA orders.

Infact, besides Viziers and the Delegate, no one who moves their WA will loose their positions. Magisters just have to state “EPSA” for their WA nation during votes. That’s it!

Hope that answers your question.

Wallenburg · August 8, 2020, 5:41pm

I largely agree with Paki and Zuk here.

Assuming a citizened nation of TEP doesn’t have a puppet and moves their main nation for the citizen militia, would their citizenship be revoked or would it be protected by the Curia Act Section 3.3.3 and Section 3.9?

Militia member citizenship would be protected under Curia Act § 3.9, which reads:

— Begin quote from ____

Citizens of The East Pacific will not lose their Citizenship if their nation leaves The East Pacific on the orders of the EPSA.

— End quote

In addition, Concordat E.2 reads:

— Begin quote from ____

A Citizen of the East Pacific is a resident Nation of the Region that has ratified this Concordat and undertaken Naturalization as defined by law.

— End quote

As this operation is run by Atlae and is currently overseen by multiple other members of the EPSA, it seems unquestionable that the militia is acting on the orders of the EPSA, regardless of whether it is part of EPSA. The Concordat’s language would, on face value, suggest that this doesn’t really matter, since citizens must be resident nations. However, the Concordat does not define “resident nation”, and based on years of precedent and application of citizenship law, I would lean toward interpreting the term to mean a nation which customarily resides within TEP. Therefore, militia members remain citizens throughout the period that they are carrying out orders of the EPSA.

In addition, if a citizen nation uses a puppet in the citizen militia, would it affect nations within the Government that are WA dependent ie Viziers, Magisters, etc.?

Viziers yes, Magisters no.

Also in the Concordat is Article D.1:

— Begin quote from ____

The Viziers shall be invested the responsibilities of regional security, stability, and continuity of government. Viziers shall maintain a high level of endorsements in the region and serve for an indefinite period.

— End quote

In order to “maintain a high level of endorsements in the region”, a Vizier must have their WA nation in TEP. To move their WA nation out of the region would violate their obligations under the Concordat.

With Magisters, I cannot find any language restricting their movement. The only relevant requirement I can find is Concordat B.2:

— Begin quote from ____

The induction or removal of a Citizen as Magister shall follow the methods prescribed in the Standing Orders. A Magister must be a Citizen.

— End quote

Since we’ve settled that militia members remain citizens while on operation, this is not an issue. After taking a quick look at the Standing Orders of the Magisterium, it would not seem that participating in the militia would violate the Magisterium’s internal rules either.

Asendavia · August 8, 2020, 6:11pm

I completely agree with the conclusions that my fellow arbiters have come to. Given that the same questions have now been addressed three times, I personally won’t be directly addressing them, as I would just be echoing their thoughts since I agree with their positions on this.

Shadow · August 9, 2020, 4:07am

Upon reading through this thread, I thank the Conclave for their time and for providing an answer quickly. I hope the Conclave has a good evening/morning.

Wallenburg · August 12, 2020, 6:32pm

— Begin quote from ____

INFORMAL VERDICT
VIA A MAJORITY VOTE OF ARBITERS, THE CONCLAVE OPINES THE FOLLOWING:

…In the matter of this advisory question, a Citizen asked for clarification on how certain provisions of the Curia Act apply to members of a “militia”, which was formed by the Overseeing Officer of the Eastern Pacific Sovereign Army in order to support an on-going EPSA operation.

…The questions specifically asked:
a) Do said militia members lose their citizenship upon moving on militia orders?
b) if said members will lose any position which requires their World Assembly nation to remain in the East Pacific.

…It should be noted that this verdict is unofficial, and therefore shall not constitute precedent in any manner or form, but rather is a non-binding opinion of the Conclave.

In order to answer the proposed questions sufficiently, the following question must first be answered:

Is the militia operating under the Eastern Pacific Sovereign Army?

YES: The militia is operating under orders from Overseeing Officer Atlae, as well as Delegate Libertanny. Since both the Delegate and Overseeing Officer are the highest-ranking officials of the Eastern Pacific Sovereign Army, it is reasonable to assume that the militia is operating under the orders of the Eastern Pacific Sovereign Army.

FURTHER: It should be noted that the militia is organizing specifically to assist the Eastern Pacific Sovereign Army in an on-going piling operation, further reinforcing the idea that the militia is operating under Army orders.

Now, to answer the proposed questions:

Do citizens whose citizenship nations leave the region on militia orders lose their citizenship?

NO: Citizens DO NOT lose their citizenship if their main nation is moved out due to militia operations. They are protected by Section 3.9 of the Curia Act, which states:

— Begin quote from ____

Citizens of The East Pacific will not lose their Citizenship if their nation leaves The East Pacific on the orders of the EPSA.

— End quote

It has already been established that the militia is operating under the Eastern Pacific Sovereign Army’s orders.

Due to that fact, any Citizen who moves on militia commands moves on Army orders, and therefore is eligible for the protection listed in Section 3.9 of the Curia Act.

Do militia members who move their World-Assembly nation lose any position where being World-Assembly-locked is necessary, such as Viziers or Magisters?

YES: Anyone who moves their World-Assembly nation faces removal from any position mandating a World-Assembly nation.

The only position within the government of the East Pacific that mandates a World-Assembly nation is Viziership. Should a Vizier move their World-Assembly nation out of the East Pacific, they are failing to perform their duties as a Vizier. As stated by Article D, Section 1 of the Concordat:

— Begin quote from ____

The Viziers shall be invested the responsibilities of regional security, stability, and continuity of government. Viziers shall maintain a high level of endorsements in the region and serve for an indefinite period.

— End quote

Since a Vizier who moves their World-Assembly nation out of the East Pacific looses all of their endorsements, they may be considered absent from their position. As such, they are eligible for removal by the Conclave as specified in Article C, Section 7 of the Concordat.

HOWEVER: It should be noted that being a Magister IS NOT a position that mandates a World-Assembly nation. A World-Assembly nation is only necessary in order to join the Magisterium automatically. It should be noted that any valid citizen may join the Magisterium without a World-Assembly nation, although they are subject to a Magisterium vote if they do apply without a World-Assembly nation in the East Pacific.

Once a Citizen becomes a Magister, they may move their World-Assembly nation wherever they want (assuming they are not a Vizier). As such, anyone who is a Magister. but not a Vizier, may join the militia and participate in the militia’s military operation without loosing any of their positions.

An unofficial opinion from the Arbiters of the Conclave of the East Pacific,
represented by the Viceroy.

— End quote