24 May 1984

Meeting 20

Study of discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country

The Economic and Social Council,

Recalling the Study of Discrimination in Respect of the Right of Everyone to Leave Any Country, Including His Own, and to Return to His Country, submitted to the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its fifteenth session, in 1963, by the Special Rapporteur, Mr. Jose D. Ingles, and the draft principles respecting this right adopted by the Sub-Commission at the same session,

Also recalling Sub-Commission resolution 7(XXXIV) of 9 September 1981, by which the Sub-Commission requested the Secretary-General to submit to it at its thirty-fifth session a concise note informing it of the consideration given by the Commission on Human Rights and the Economic and Social Council to the report on the aforementioned study,

Noting the report of the Secretary-General submitted pursuant to that resolution,

Noting also Sub-Commission resolutions 1982/23 of 8 September 1982 and 1983/5 of 31 August 1983 and Commission on Human Rights resolution 1984/37 of 12 March 1984,

1. Endorses the appointment by the Sub-Commission on Prevention of Discrimination and Protection of Minorities of Mr. Mubanga-Chipoya to prepare an analysis of current trends and developments in respect of the right of everyone to leave any country, including his own, and to return to his country, and to have the possibility of entering other countries, without discrimination or hindrance, especially of the right to employment, taking into account the need to avoid the phenomenon of the brain drain from developing countries and the question of recompensing those countries for the loss incurred, and to study in particular the extent of restrictions permissible under article 12, paragraph 3, of the International Covenant on Civil and Political Rights;

2. Requests the Special Rapporteur to submit to the Sub-Commission at its thirty-seventh session for its consideration recommendations for promoting and encouraging respect for and observance of that right;

3. Requests the Secretary-General to give Mr. Mubanga-Chipoya all the assistance he may require in his work.