HUMAN RIGHTS COMMITTEE TAKES UP DRAFT GENERAL COMMENT ON ARTICLE 12 OF CIVIL AND POLITICAL RIGHTS COVENANT, ON FREEDOM OF MOVEMENT
Press Release
HR/CT/512
HUMAN RIGHTS COMMITTEE TAKES UP DRAFT GENERAL COMMENT ON ARTICLE 12 OF CIVIL AND POLITICAL RIGHTS COVENANT, ON FREEDOM OF MOVEMENT
19980330 Members of the Human Rights Committee this morning stressed the vital interdependent relationship among the rights covered under the International Covenant on Civil and Political Rights. The Committee was meeting to discuss a draft general comment on article 12 of the Covenant, which provides for freedom of movement.The right of liberty of movement guaranteed the exercise of other rights of the Covenant, several experts said. It was not a right that could exist by itself or be omitted without affecting other rights. The purpose of the general comment was to clarify to States parties what the Committee understood about the intention of the article and how it related to other articles of the Covenant. When adopted by the Committee, the general comment on article 12 will be transmitted to the States parties of the Covenant.
Article 12 states that everyone has the right to move around a country, to establish a residence and to enter and leave any country, including his own. According to article 12, the right of movement should not be subject to any restriction except those which are provided by law, are necessary to protect national security, public order, public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the Covenant.
Some experts questioned the interpretation of the phrase "own country" as stated in article 12. The experts agreed that the issue of one's "own country" was broader than that of nationality. Yet, the Covenant did not expressly define or elaborate on the concept of "own country". One expert said the Committee had not come to a final, absolute decision on the concept of "own country", and it should refrain from restating the majority and minority opinions on that topic.
The right of freedom of movement was one of the rights covered under the Covenant that most frightened a number of States, one expert said. Therefore, the Committee should be cautious in directing those States parties about their wide obligations under article 12.
Article 12 was one of the most derogated rights in times of public emergency, and the concept of restrictions should be carefully delineated from derogation, several experts said. Discussions of states of emergency --
Human Rights Committee - 2 - Press Release HR/CT/512 1655th Meeting (AM) 30 March 1998
covered under article 4 of the Covenant -- should have a more prominent position in a discussion of liberty of movement. That issue also became more complex when a State had entered reservations when signing the Optional Protocol. The draft should provide guidelines and safeguards for interpreting restrictions to freedom of movement, and it should provide for appealing the restrictions as applied.
Many experts cited inequalities that existed in citizenship laws that were especially discriminating against women. Gender issues and discrimination should be emphasized in any discussion of the right to movement. Attention was also drawn to the question of exile. Several experts said that some countries still had the concept of exile, and the Committee should not give any legitimacy to that concept. The Covenant deliberately avoided using the term "exile"; instead, it stated that no one shall be "arbitrarily deprived" of the right to enter his own country.
The Human Rights Committee will meet again at 10 a.m. on Wednesday, 1 April, to consider Finland's fourth periodic report on its compliance with the International Covenant on Civil and Political Rights.
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