HUMAN RIGHTS COMMITTEE EXAMINES GENERAL COMMENT ON RIGHT TO LIBERTY OF MOVEMENT AND FREEDOM TO CHOOSE ONE'S RESIDENCE

AFTERNOON
HR/CT/99/21
26 July 1999



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

Before concluding its discussion of the document, which contains 22 paragraphs, the panel discussed the last three paragraphs, which deal with the right to enter one's own country. Article 12, paragraph 4, of the International Covenant on Civil and Political Rights stipulates that no one should be arbitrarily deprived of the right to enter his own country. The draft text notes that the wording of the paragraph does not distinguish between nationals and aliens. Thus, those subject to the right could only be determined by interpreting the meaning of the phrase "his own country", and the panel concluded that the scope of the phrase "his own country" was broader than the concept "country of his nationality". The text recommends that States parties should include in their reports information on the right of permanent residents to return to their country of residence.

The comment stipulates that States parties should carefully examine the need for any restriction on the enjoyment of the rights guaranteed under article 12 of the Covenant. The text emphasizes that liberty of movement is an indispensable condition for the free development of persons. Although legitimate interests might require limitations to be placed on the rights of individuals, those limitations should not nullify the principle of liberty of movement, but be governed by the requirements of necessity and consistency with the other rights recognized in the Covenant.

Article 12, paragraph 3, of the Covenant states that the right to liberty of movement should not be subject to any restrictions except those that are provided by law and are necessary to protect national security, public order, public health or morals or the rights and freedoms of others. In their previous debate, Committee members had suggested that if laws of general application providing for restriction of movement were not in conformity with the requirements of article 12, paragraph 3, such restrictions would violate the rights guaranteed by paragraphs 1 and 2 of the same article.

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 right 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 States parties in implementing the Covenant and in fulfilling their reporting obligations. General comments may draw attention to insufficiencies disclosed by the large number of reports received by the Committee and suggest improvements in reporting procedures. They are also intended to stimulate the activities of States parties and international organizations in the promotion and protection of human rights.

When the Committee reconvenes at 10 a.m. on Tuesday, 26 July, it will consider in closed session its draft concluding observations and recommendations on country reports already examined during its current session.