The right of everyone to leave any country, including his own, and to return to his country.
| Publisher | UN Commission on Human Rights |
| Author | UN Commission on Human Rights (44th sess. : 1988 : Geneva) |
| Publication Date | 8 March 1988 |
| Citation / Document Symbol | E/CN.4/RES/1988/46 |
| Reference | 44 |
| Cite as | UN Commission on Human Rights, The right of everyone to leave any country, including his own, and to return to his country., 8 March 1988, E/CN.4/RES/1988/46, available at: https://www.refworld.org/docid/3b00f06d34.html [accessed 23 October 2022] |
1988/46. 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 José 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 Economic and Social Council resolution 1984/29 of 24 May 1984, by which the Council endorsed the appointment by the Sub-Commission of a Special Rapporteur, Mr. Mubanga-Chipoya, to prepare an analysis of current trends and developments in that field, Recalling also Sub-Commission resolution 1985/29 of 30 August 1985, in which the Sub-Commission requested the Special Rapporteur to present to it, at its thirty-ninth and fortieth sessions, respectively, a preliminary draft and a proposed final draft of the draft declaration on the right of everyone to leave any country, including his own, and to return to his country, together with final reports on various aspects of the question, Recalling further its resolution 1986/30 of 11 March 1986 in which, taking note with interest of the progress report prepared by the Special Rapporteur (E/CN.4/Sub.2/1985/9), it welcomed the progress so far achieved by him in his study and appealed to the Sub-Commission to consider the issue at its thirty-ninth session, Regretting that, for technical reasons, additional portions of the report and its annexes could not be made available to the Sub-Commission in time for consideration at its thirty-ninth session, 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 (E/CN.4/Sub.2/1987/10);
2. Takes note of Sub-Commission decision 1987/105 of 2 September 1987, in which the Sub-Commission decided, inter alia, to consider as a matter of priority at its fortieth session the said final report and the preliminary draft declaration;
3. Notes also with satisfaction that the Sub-Commission has decided to consider the matter under a separate sub-item of the agenda item entitled "Promotion, protection and restoration of human rights at national, regional and international level";
4. Requests that appropriate steps be taken to ensure that the Sub-Commission is provided with the entire report and requests the Secretary-General to continue giving the Special Rapporteur all the assistance required to enable him to present the final report and the draft declaration to the Sub-Commission at its fortieth session;
5. 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 everyone to leave any country, including his own, and to return to his country.
52nd meeting8 March 1988
[Adopted without a vote. See chap. XIX.]
