AFTERNOON

HR/CT/99/9
13 July 1999



The Human Rights Committee this afternoon discussed its draft general comment on the right to liberty of movement and freedom to choose one's residence within a State's territory.

This afternoon's discussion focused on the exceptional circumstances in which the rights to liberty of movement and freedom to choose one's residence could be restricted. Article 12 of the International Covenant on Civil and Political Rights provided for such a right including everyone's freedom to leave any country, including one's own. The article further affirmed that no one should be arbitrarily deprived of the right to enter his or her own country.

Article 12, paragraph 3, of the Covenant stipulated that the right to liberty of movement should not be subject to restrictions except those which were provided by law, and were necessary to protect national security, public order, public health or morals or the rights and freedoms of others, among others.

During the Committee debate this afternoon, several members argued that if laws of general application providing for the restriction were not in conformity with the requirements of article 12, paragraph 3, the restriction would violate the rights guaranteed by paragraphs 1 and 2 of the same article. While discussing the draft general comment on a paragraph-by-paragraph basis, it was emphasized that the principle of proportionality had to be respected not only by the legislature in framing the restrictions, but also by the administrative and judicial authorities in applying the law. The draft stressed that States should ensure that any proceedings relating to the exercise or restriction of those rights be expeditious, and that reasons for the application of restrictive measures be provided.

Several experts argued that a restriction of individuals on the pretext of "State security" should not be incompatible with the provision of article 12. They said that the application of the law on restriction should be on specific criteria in conformity with the rights provided by the Covenant.

During its previous sessions, the Committee had accepted the essence of 10 out of the 22 paragraphs of the draft general comment dealing with a general assessment; liberty of movement and freedom to choose residence; and the right to leave any country, including his own. In its general assessment, the Committee was of the view that the reports of many States still did not provide sufficient information on the State practice relating to article 12.

The Committee has periodically issued General Comments on issues relating to the International Covenant since 1981. The 53-article Covenant entered into force in 1976 and protects such rights as the rights to self-determination; the right to life, liberty and security of persons; freedom of thought, conscience and religion; and the right to equal treatment before law. The Covenant also contains provisions prohibiting arbitrary detention, torture, slavery and forced labour, war propaganda, and advocacy of racial or religious hatred.

The purpose of General Comments is to assist State parties in fulfilling their reporting obligation in order to promote their further implementation of the provisions of the International Covenant. The General Comments also draw attention to insufficiencies disclosed by the large number of reports and suggest improvement in the reporting procedures.

General Comments are also intended to stimulate the activities of States parties and international organizations in the promotion and protection of human rights. These Comments should also be of interest to other States, especially those preparing to become parties to the Covenant. The General Comments thus strengthen the cooperation of all States in the universal promotion and protection of human rights.

When the Committee reconvenes at 10 a.m. on Wednesday, 14 July, it will take up the initial report of Cambodia.