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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