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Civil, political rights covenant should govern approach to issue Of 'expulsion of aliens', assembly's legal committee told; As Review of International Law Commission Report Continues, Distinction between Legal, Undocumented Immigrants Said to Be Factor.

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M2 PRESSWIRE-31 October 2007-United Nations: Civil, political rights covenant should govern approach to issue Of 'expulsion of aliens', assembly's legal committee told; As Review of International Law Commission Report Continues,Distinction between Legal, Undocumented Immigrants Said to Be Factor(C)1994-2007 M2 COMMUNICATIONS LTD

RDATE:30102007

The International Covenant on Civil and Political Rights should serve as the main foundation for dealing with the "sensitive" question of expulsion of aliens, the representative of Guatemala told the Sixth Committee (Legal) this morning as debate continued on the report of the International Law Commission on the work of its fifty-ninth session with a focus on three topics -- expulsions; effects of armed conflicts on treaties; and responsibility of international organizations.

Guatemala's representative said her country was a society that served as a point of transit, origin and destination for migrants. The issues involved in human movement in today's globalized world were complex in the need to reconcile respect for the human rights of expelled aliens with the inherent, sovereign right of States to expel them. At the very minimum, she said, in its work of elaborating articles on the multidimensional question, the Law Commission should ensure that the rights of all persons were guaranteed in the State seeking to expel them regardless of their situation as documented or undocumented.

Malaysia's representative, however, said the legal regime governing expulsion must take account of the distinction between legal and illegal aliens. His country's legal framework made no distinction between refugees, asylum seekers and illegal immigrants, since the concept of refugee did not exist in its legal framework.

Several speakers referred to the need for balancing the sovereign right of States with the international norms on human rights. Colombia's representative called for the codification of an instrument on expulsion of aliens, because of the profound impact that derived from States exercising their right to do so. The representative of Sri Lanka agreed, calling on the Commission to consider the problems that might arise on expulsion of persons with multiple nationalities.

Speaking also for the other Nordic countries ( Denmark, Finland, Iceland and Norway), Sweden's representative said that avoidance of statelessness was another matter the International Law Commission should take up.

Japan said the delicate balance between a State's right to grant and withhold admission was tied into the question, a right that was inherent in the principle of State sovereignty in addition to being a fundamental human right. He called for a study of accumulated State practice through the collection of data on relevant domestic laws.

Finally, Portugal's representative said the Commission's treatment of refugees, asylum-seekers and stateless persons must not overlook all the legal frameworks already protecting them in specific situations. The Commission's work should aim to clarify and solidify existing regimes, while ensuring that States could not use the possible deprivation of nationality to contort the prohibition against the expulsion of its own nationals.

Also speaking this morning on topics in the Law Commission report were the representatives of Mexico, Greece, Germany, Italy, United Kingdom, El Salvador, Canada and India.

The Committee will meet again at 10 a.m. Wednesday, 31 October, when debate on the report will continue.

Background

The Sixth Committee (Legal) met this morning to continue its consideration of the report of the International Law Commission on the work of its fifty-ninth session. (For background, see Press Release GA/L/3329 of 29 October.)

Statements

JOEL HERNANDEZ ( Mexico) said the question of the expulsion of aliens was very relevant to the sphere of international law.

He had taken note of the development that articles 1 to 7 had been forwarded to the Commission. A catalogue of standards should be compiled with the limits of ratione materiae and ratione...

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