The International Covenant on Civil and Political Rights (16 December 1966)
The right to return is most clearly enshrined in the 1966 International Covenant on Civil and Political Rights (ICCPR)(1) under its provisions on the right to freedom of movement (Article 12). Freedom of movement has two main components: an internal aspect, relating to freedom of movement within a country (Article 12 (1)); and an external aspect comprising freedom of movement between States. The latter includes the right to leave one's country (Article 12 (2)), and the right to enter one's "own country" (Article 12 (4)).
Article 12 of the ICCPR states:
It should be noted that the right to return under Article 12 (4) of the ICCPR is not subject to the same restrictions as paragraphs 1 and 2 of the same Article, which permit restrictions to protect national security, public order, public health or morals, or the rights and freedoms of others. The Human Rights Committee, the authoritative U.N. body for interpreting the ICCPR, has ruled, "there are few, if any, circumstances in which deprivation of the right to enter one's own country could be reasonable."
The only way in which countries can derogate from their responsibilities under Article 12 (4) would be during the extreme circumstances described in Article 4 of the Covenant: "In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed". Even in these situations, however, states should ensure that their actions are "not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin." (2)
It is also important to note that under the ICCPR the right to return does not depend on a person's status as a refugee. Every individual who has maintained "genuine and effective links" with the territories in question should enjoy the right to return, regardless of whether he or she is a refugee, that is, someone who fled persecution.
- Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
- Everyone shall be free to leave any country, including his own.
- The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
- No one shall be arbitrarily deprived of the right to enter his own country.
(1) As of June 30, 2000, 143 countries were states parties to the ICCPR, including Israel and all the bordering Arab states (Egypt, Syria, Jordan, Lebanon)
(2) Article 4 (1), ICCPR
- The Universal Declaration of Human Rights (10 December 1948)
The right to return has a solid foundation in international law. Article 13(2) of the Universal Declaration of Human Rights (UDHR) states,
"Everyone has the right to leave any country, including his own, and to return to his country". More..
- The International Covenant on Civil and Political Rights
The right to return is most clearly enshrined in the 1966 International Covenant on Civil and Political Rights (ICCPR) under its provisions on the right to freedom of movement (Article 12).
- Convention Relating to the Status of Refugees (28 July 1951)
International refugee law and international human rights law mutually reinforce each other on the right to return. More..
- United Nations General Assembly Resolution 194 (III) of 11 December 1948
11. Resolves that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date,.. More..
- The Human Rights Committee General Comment on Article 12 of the International Covenant on civil and Political Rights (November 1999)
In November 1999 the HRC, the authoritative U.N. body for interpreting the ICCPR, produced a thorough and comprehensive commentary on Article 12. More..
- Treatment and Rights in Arab Host States
- Rights Under Israeli Occupation and the Palestinian Authority