The right of everyone to leave any country, including his own, and to return to his country.

1989/39. The right of everyone to leave any country, including his own, and to return to his country

The Commission on Human Rights, Mindful of article 13 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Civil and Political Rights, which recognize the right of everyone to leave any country, including his own, and to return to his own country, Taking into account the Study of Discrimination in Respect of the Right of Everyone to Leave Any Country, Including His Own, and to Return to His Country submitted to the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its fifteenth session by the Special Rapporteur, Mr. José D. Ingles, and issued as a United Nations publication in 1964, Recalling that the draft principles included in that study were adopted by the Sub-Commission in its resolution 2 (XV) and brought to the attention of Governments and international governmental and non-governmental organizations concerned by Economic and Social Council resolution 1788 (LIV) of 18 May 1973, on the recommendation of the Commission in its resolution 12 (XXIX) of 23 March 1973, Mindful of Council resolution 1788 (LIV), by which the Council decided that the Commission should retain on its agenda the question of the right of everyone to leave any country, including his own, and to return to his country, Recalling Council resolution 1984/29 of 24 May 1984, by which the Council endorsed the appointment by the Sub-Commission of a special rapporteur to prepare an analysis of current trends and developments in that field, Recalling also all the other resolutions on this subject adopted by the Sub-Commission and the Commission, in particular Commission resolution 1988/46 of 8 March 1988, in which the Commission took note of the decision by the Sub-Commission to consider as a matter of priority at its fortieth session the final report by the Special Rapporteur, Mr. Mubanga-Chipoya, as well as the preliminary draft declaration on the right of everyone to leave any country, including his own, and to return to his country, Regretting that the Sub-Commission was unable, in the course of its fortieth session, to consider the final report by the Special Rapporteur or the preliminary draft declaration (E/CN.4/Sub.2/1989/35 and Add.1 and Add.1/Corr.1), Desiring to promote further standard setting in this field in view of the fact that many people are still denied the right to leave their country or to return to it,

1. Thanks the Special Rapporteur, Mr. Mubanga-Chipoya, for his final report and for the preliminary draft declaration on the right of everyone to leave any country, including his own, and to return to his country, contained in annex I to the report;

2. Takes note of Sub-Commission resolution 1988/39 of 1 September 1988, in which the Sub-Commission decided, inter alia, to consider at its forty-first session the report, the recommendations contained in the report, and the draft declaration;

3. Notes also with satisfaction that the question will be considered as a separate item on its agenda;

4. Also welcomes the decision taken by the Sub-Commission in the same resolution to transmit the said draft declaration to Member States, specialized agencies and other intergovernmental organizations with competence in the field of human rights, as well as to non-governmental organizations in consultative status, for their comments, and encourages them to forward their comments to the Sub-Commission;

5. Requests the Secretary-General to provide all necessary assistance to the Sub-Commission and the Special Rapporteur during the consideration of the report and draft declaration;

6. Recalls once again that in its resolution 1985/22 of 11 March 1985, it requested the Sub-Commission to consider the report by Mr. Mubanga-Chipoya as a matter of priority, with a view to submitting to the Commission as soon as possible a draft declaration on the right of every one to leave any country, including his own, and to return to his country.

51st meeting
6 March 1989
[Adopted without a vote. See chap. XIX.]