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HUMAN RIGHTS COMMITTEE DISCUSSES DRAFT GENERAL COMMENTS ON RIGHT TO LIBERTY OF MOVEMENT
23 October 1998
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MORNING
HR/CT/98/33
23 October 1998
The Human Rights Committee this morning discussed draft General Comments on the right to liberty of movement, to choose one's residence, and to leave any country, including one's own.
Under its article 12, the International Covenant on Civil and Political states that "everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence; everyone shall be free to leave any country, including his own".
During its previous session last spring, the Committee adopted five out of the 25 paragraphs of the draft general comments in which it affirmed that the right to move freely related to the whole territory of a State. According to article 12, paragraph 1, a person was entitled to move from one place to another, and to establish oneself in any particular place.
The Committee has periodically issued General Comments on issues pertaining to the Covenant since 1981. The 53-article Covenant entered into force in 1976 and protects such rights as the rights to self-determination; liberty of movement; to life, liberty and security of persons; to freedom of thought, conscience and religion; and 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 aim of the General Comments is to assist States parties in fulfilling their reporting obligations in order to promote their further implementation of the provisions of the Covenant. The General Comments also draw attention to insufficiencies disclosed by the large number of reports and suggest improvements in the reporting procedure.
General Comments are also intended to stimulate the activities of State 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.
During this morning's discussion on the right to the liberty of movement, some experts expressed concern about automatic expulsion of foreigners back to the countries of their origin. They argued that an alien, even though he or she had entered a country unlawfully, should be offered the possibility to be expelled to another country other than his or her own. They suggested that the Committee should condemn such practices of expelling foreigners to their countries of origin, where they might face persecution.
Before concluding its morning session, the Committee went into private meeting to examine communications dealing with urgent matters.
When the Committee reconvenes at 3 p.m., it will continue its consideration of its draft General Comments on the right to liberty of movement.
HR/CT/98/33
23 October 1998
The Human Rights Committee this morning discussed draft General Comments on the right to liberty of movement, to choose one's residence, and to leave any country, including one's own.
Under its article 12, the International Covenant on Civil and Political states that "everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence; everyone shall be free to leave any country, including his own".
During its previous session last spring, the Committee adopted five out of the 25 paragraphs of the draft general comments in which it affirmed that the right to move freely related to the whole territory of a State. According to article 12, paragraph 1, a person was entitled to move from one place to another, and to establish oneself in any particular place.
The Committee has periodically issued General Comments on issues pertaining to the Covenant since 1981. The 53-article Covenant entered into force in 1976 and protects such rights as the rights to self-determination; liberty of movement; to life, liberty and security of persons; to freedom of thought, conscience and religion; and 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 aim of the General Comments is to assist States parties in fulfilling their reporting obligations in order to promote their further implementation of the provisions of the Covenant. The General Comments also draw attention to insufficiencies disclosed by the large number of reports and suggest improvements in the reporting procedure.
General Comments are also intended to stimulate the activities of State 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.
During this morning's discussion on the right to the liberty of movement, some experts expressed concern about automatic expulsion of foreigners back to the countries of their origin. They argued that an alien, even though he or she had entered a country unlawfully, should be offered the possibility to be expelled to another country other than his or her own. They suggested that the Committee should condemn such practices of expelling foreigners to their countries of origin, where they might face persecution.
Before concluding its morning session, the Committee went into private meeting to examine communications dealing with urgent matters.
When the Committee reconvenes at 3 p.m., it will continue its consideration of its draft General Comments on the right to liberty of movement.