creates a great risk that States will cause further human rights violations such as prolonged arbitrary detention pending the transfer or removal of the individual concerned to another State.139 The right to enter one’s own country is set out in Article 13 of the UDHR, Article 12(4) of the ICCPR140 and in various other international and regional treaties, including the CERD (Article 5(d)(ii)), the CRC (Article 10(2)), the ICRMW (Article 8) and the CRPD (Article 18(c-d)).141 The right to leave one’s own country (set out in Article 13 UDHR) goes beyond the country of nationality in the formal sense, and the right to return after having left one’s own country “may also entitle a person to come to the country for the first time if he or she was born outside the country (for example, if that country is the person’s State of nationality).”142 It also guarantees the right of entry, and thus the right to remain, to individuals who, due to their special ties to a State, cannot be considered mere aliens.143 This includes, for instance, stateless persons long-established in a State as well as persons who have been stripped of their nationality in violation of international law.144 If a person who is a national of a State is abroad, that State should not prevent the individual from returning to the territory of the State by arbitrarily depriving that person of nationality.145 Where withdrawal of nationality manifests in the withdrawal of an individual’s passport or other identity document, States must nevertheless consider whether denial of entry into one’s own country is arbitrary,146 including whether it is prescribed by law and proportionate to a legitimate aim.147 In cases where travel bans are imposed, affected persons should be given all necessary information to be able to effectively challenge the ban if they consider it to be a disproportionate measure. This includes information on the facts leading to the imposition of the travel ban.148 139 See e.g., Agiza v Sweden, Communication no. 233/2003, UN Committee against Torture, 20 May 2005, CAT/C/34/D/233/2003, para. 13.4. 140 The provisions under Article 12 of the ICCPR, including the right to leave one’s country, can be subject to restrictions under Article 12(3) if provided for by law, including on the basis of national security and public order. However, this does not apply to Article 12(4), under which “[n]o one should be arbitrarily deprived of the right to re-enter his own country.” 141 American Declaration on the Rights and Duties of Man, AG/RES. 1591 (XXVIII-O/98) adopted by the Ninth International Conference of American States (1948) reprinted in Basic Documents Pertaining to Human Rights in the Inter-American System OEA/Ser L V/II.82 Doc 6 Rev 1 at 17 (1992), Article 8. African Charter on Human and People’s Rights (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58, Article 12. European Convention on Human Rights, Protocol No. 4, Article 6. 142 See e.g., Human Rights Committee, General Comment No. 27 (Freedom of Movement), 2 November 1999, CCPR/C/21/Rev.1/Add.9, paras. 19-20. 143 ibid. 144 UNHCR Handbook on Protection of Stateless Persons 2014, para. 142. 145 See e.g., Human Rights Committee, General Comment No. 27 (Freedom of Movement), 2 November 1999, CCPR/C/21/Rev.1/Add.9, para. 21. 146 ICCPR, Article 12(4): “No one shall be arbitrarily deprived of the right to enter his own country.” 147 UNSC Res. 2178, 24 September 2014, para. 2. UNSC Res. 2396, 21 December 2017, para. 2. These two Resolutions call on States to prevent inter-State travel of foreign terrorist fighters, including through effective border controls and controls on issuance of identity papers and travel documents. 148 UN Counter-Terrorism Implementation Task Force, Guidance to States on human rights-compliant responses to the threat posed by foreign fighters, 2018, https://www.un.org/sc/ctc/wp-content/uploads/2018/08/HumanRights-Responses-to-Foreign-Fighters-web-final.pdf , p. 17. UNHCR > GUIDELINES ON STATELESSNESS NO.5 37