Forced population transfer

Forced population transfer

Sub-Commission resolution 1998/27

Reaffirming the right of everyone lawfully within the territory of a State to liberty of movement and freedom to choose his or her residence and the prohibition of arbitrary deprivation of the right to enter one's own country as set out in article 13 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Civil and Political Rights,

Recognizing that practices of forcible exile, mass expulsion and deportation, forced population transfer, forcible population exchange, unlawful evacuation, eviction and forcible relocation, "ethnic cleansing" and other forms of forcible displacement of populations within a country or across borders not only deprive the affected populations of their rights to freedom of movement but also threaten the peace and security of States,

Noting the need to further rationalize and harmonize the various international standards in this complex and evolving area,

Recalling its resolution 1997/29 of 28 August 1997 in which it decided to continue its consideration of population displacement and to examine the legal standards applicable to different types of forced displacement and any lacunae between those standards,

Recalling also that in its resolution 1997/29 it decided that an expert seminar should be convened, if necessary without financial implications, to assist in and to make practical recommendations for the further work of the Sub-Commission on the right to freedom of movement,

1. Welcomes Economic and Social Council decision 1998/292 in which the Council approved the recommendation of the Commission on Human Rights that the report of the Special Rapporteur on human rights and population transfer, Mr. Awn Shakat Al-Khasawneh, be published and widely disseminated, as recommended by the Sub-Commission in its resolution 1997/29;

2. Decides to convene an expert seminar, in close cooperation with relevant intergovernmental and non-governmental organizations, if necessary without financial implications, to assist in and to make practical recommendations for the further work of the Sub-Commission on the right to freedom of movement, in particular with respect to a study on the legal standards applicable to different types of forced displacement and any lacunae between those standards, for submission to the Sub-Commission at its fifty-second session.