United Nations Human Rights Committee General Comment 25 Law Review

23 March 1999

Press Release
Hr/CT/525

Man RIGHTS COMMITTEE CONCLUDES REVIEW OF FIRST DRAFT OF Full general COMMENT ON Article 12 OF POLITICAL, CIVIL RIGHTS COVENANT

19990323 The Human Rights Committee this morning time concluded its review of a typhoon general comment on article 12 of the International Covenant on Civil and Political Rights past adopting and proposing amendments to operative paragraphs 20 to 25.

Commodity 12 addresses the right to liberty of movement, freedom to choose residence and freedom to exit whatsoever country. It states that those rights shall not be subject to any restrictions except those which are provided past law, are necessary to protect national security, public order, public health or morals or the rights and freedoms of others, and are consequent with the other rights recognized in the Covenant. In addition, the article states that no-one shall be arbitrarily deprived of the correct to enter his own land.

The Committee starting time adopted paragraph xx of the draft general annotate on commodity 12, which states that the Covenant requires respect of article ii (3), of the Covenant, providing an effective remedy, if the private claims that his rights were denied. That includes off-white and constructive protection in each case.

According to commodity ii (3), each State party to the Covenant undertakes to: ensure that any person whose rights or freedoms are violated shall take an effective remedy, all the same that the violation had been committed by persons in an official capacity; ensure that any person challenge such a remedy shall have his correct thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the Land, and to develop the possibilities of judicial remedy; and to ensure that the competent authorities shall enforce such remedies when granted.

The Committee decided to concur further discussion on the development of paragraph 21 of the general annotate to include more relevant issues pertaining to the correct to remain in a country.

According to the original text of paragraph 21 of the general annotate "the right of a person to enter his or her own state recognizes the existing strong affiliation of a person with that State. The correct to enter not merely entitles him to render, but to come to his own country for the first fourth dimension, if he has been born or lived outside his Country of nationality. The right to enter their country is of the utmost importance for refuges seeking voluntary repatriation".

Also this morning, the Committee agreed to redraft paragraph 22 of the full general annotate. The original text of that paragraph stated that the wording of article 12 (4), did not distinguish between nationals and aliens ("no one"). In a recent view the Commission agreed that the telescopic of the phrase "his own country" was broader than the concept "state of his nationality". It was not limited to nationality in a formal sense -- that was nationality caused at nascency or by conferral. It embraced, at the very least, an individual who, because of his special ties to or claims in relation to a given country, could not therefore be considered a mere alien.

That would be the case of nationals of countries who had been stripped of their nationality and of individuals whose state has been incorporated into or transferred to some other national entity whose nationality was denied to them. The language of article 12 (4), permits a broader interpretation that might embrace other categories of long-term residents.

The Commission also agreed to redraft paragraph 23 of the general comment. That paragraph originally stated that in no example might a person be arbitrarily deprived of the right to enter his own country. Regarding the concept of arbitrariness, the Committee referred to paragraph 4 of its General Annotate No.sixteen on article 17 (1988). The approach taken there also appeared to be appropriate in the context of article 12 (4).

According to paragraph 4 of Full general Annotate No. 16, the expression "capricious interference" was also relevant to the protection of the right provided for in article 17 of the Covenant. In the Commission's view, the expression "capricious interference" could as well be extended to interference provided for nether the law. The introduction of the concept of arbitrariness was intended to guarantee that even interference provided for past the law should be in accordance with the provisions, aims and objectives of the Covenant and should be reasonable in the particular circumstances.

[Article 17 states that no-ane shall be subjected to arbitrary or unlawful interference with his privacy, family, domicile or correspondence, nor to unlawful attacks on his award and reputation. It also says that everyone has the correct to the protection of law against such interference or attacks.]

Human Rights Committee - 3 - Press Release 60 minutes/CT/525 1731st Meeting (AM) 23 March 1999

The Committee then agreed in principle to combine paragraphs xx, 24 and 25, with possible amendments, as a decision to the nowadays general comment.

Co-ordinate to the original text of paragraph 24, States parties should very attentively examine the need for whatsoever deprivation of the right to enter ane'due south ain land, written report on whatsoever relevant rules and procedures and practices to the Committee and explain the underlying reasons. The individual concerned must exist provided with an effective remedy according to commodity 2 (three).

By the original text of paragraph 25 of the full general annotate, States parties should establish the relevant guarantees of the right to motion freely within the country and the right to go out and to enter it. States should as well closely cooperate with each other to ensure that individuals may bask their rights of crossing borders as provided for in article 12.

As well this morning time the Chairman of the Committee, Cecilia Medina Quiroga, expert from Chile, introduced a draft General Annotate on Commodity iii. Article 3 addresses the equal right of men and women to enjoy all ceremonious and political rights set forth in the Covenant.

The Committee volition meet once more tomorrow, 24 March, to begin its consideration of the quaternary periodic study of Chile.

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For information media. Not an official record.

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Source: https://www.un.org/press/en/1999/19990323.hrct525.html

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