country. The reference to the concept of arbitrariness in this context is intended to emphasize
that it applies to all State action, legislative, administrative and judicial; it guarantees that even
interference provided for by law should be in accordance with the provisions, aims and
objectives of the Covenant and should be, in any event, reasonable in the particular
circumstances. The Committee considers that there are few, if any, circumstances in which
deprivation of the right to enter one’s own country could be reasonable. A State party must
not, by stripping a person of nationality or by expelling an individual to a third country,
arbitrarily prevent this person from returning to his or her country.”317
188. The ECtHR, in considering a tax-fraud related travel ban, found that even when the State has a
legitimate aim, a limitation of the right to travel can be disproportionate.318 The rules prohibiting
passport revocations while a national is abroad, relate not only to the relationship between a
country and its national but also to obligations from one country towards another. See also
Principle 9.1 and Principle 11.
189. The United Nations Conference on the Elimination or Reduction of Future Statelessness
recommended that “persons who are stateless de facto should as far as possible be treated as de
jure, to enable them to acquire an effective nationality. 319 The conference noted that “it was easy
to imagine, for example, the case of a person who, while abroad, was refused an extension of his
passport by the consular authorities of the country of which he was a national and was instructed
to return to that country. If that person …. did not return to his country he was henceforth
deprived of the protection of the diplomatic and consular authorities of his country and thus
became a de facto stateless person .320 To refuse documents and/or diplomatic assistance to a
person effectively renders a person stateless and is prohibited under international law.
Principle 11: International cooperation
PRINCIPLE
LEGAL STANDARD
11.1. States have a duty to cooperate
and to act responsibly and in
accordance with international law to
maintain international peace and
security and to promote and encourage
respect for human rights and
fundamental freedoms.
Charter of the UN, Art. 55: “With a view to the creation of
conditions of stability and well-being which are necessary for
peaceful and friendly relations among nations based on respect for
the principle of equal rights and self-determination of peoples, the
United Nations shall promote: … universal respect for, and
observance of, human rights and fundamental freedoms for all
without distinction as to race, sex, language, or religion.
HRC General Comment No. 31, para. 15: “The Committee attaches
importance to States Parties’ establishing appropriate judicial and
317
Human Rights Committee, ‘General Comment No. ’
CCPR C
Rev. Add. , para .
ECtHR, Riener v Bulgaria (2006), Application no. 46343/99.
319 Resolution I, United Nations, Treaty Series, vol 989, p. 279.
320
Conference of Plenipotentiaries on the Status of Refugees and Stateless persons, ‘Summary Record of the Third Meeting’
UN Doc E/CONF.17/SR.13, p. 10.
318
89
October 1954)
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