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Analytical Guide



Expulsion of aliens

last update: 13 August 2009

A. Mandate

    - 2000 recommendation of the Working-Group on the long-term programme of work
    - 2004 decision to include the topic in its programme of work
    - G.A. Res.55/152 of 12 December 2000
    (E, F, S, R, C, A), 56/82 of 12 December 2001 (E, F, S, R, C, A) and Res.59/41 of 2 December 2004 (E, F, S, R, C, A)

B. Studies undertaken by the Secretariat and Reports of the Secretary-General

    1. 58th session of the International Law Commission (2006)
      - Memorandum prepared by the Secretariat
- U.N. Doc. A/CN.4/565 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)
C. Reports of the Working Group or Sub-Committee 
    None
D. Reports of the Special Rapporteur 
    1. Setting out an overall view of the subject, while highlighting the legal problems which it raised and the methodological difficulties related to its consideration.
      - Report of the Special Rapporteur, Maurice Kamto (57th session of the ILC (2005))
- U.N. Doc. A/CN.4/554 (F, S, R, C, A)
- ILC Report, A/60/10, 2005, Chp. VIII, paras.245 - 274
    2. Review of the history of the topic, as well as of the consideration of the preliminary report Consideration of recent developments relating to the topic. Discussion of questions of scope and definitions
      - Second Report of the Special Rapporteur, Maurice Kamto (59th session of the ILC (2007))
- U.N. Doc. A/CN.4/573 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)
- ILC Report, A/62/10, 2007, chp.VI, paras. 188-265
    3. Consideration of general principles, the right of expulsion, the requirement of exercise subject to respect for the fundamental rules of international law, as well as the limits relating to the person to be expelled (principle of non-expulsion of nationals, principle of non-expulsion of refugees, principle of non-expulsion of stateless persons, and principle of prohibition of collective expulsion)
      - Third Report of the Special Rapporteur, Maurice Kamto (59th session of the ILC (2007))
- U.N. Doc. A/CN.4/581 (F, S, R, C, A)
- ILC Report, A/62/10, 2007, chp.VI, paras. 188-265
    4. Expulsion in cases of dual or multiple nationality (are dual or multiple nationals aliens? and is the expelling State the State of dominant or effective nationality of the person being expelled?) and loss of nationality, denationalization and expulsion (Loss of nationality and denationalization, and expulsion in cases of loss of nationality or denationalization)
      - Fourth Report of the Special Rapporteur, Maurice Kamto (60th session of the ILC (2008))
- U.N. Doc. A/CN.4/594 (F, S, R, C, A)
- ILC Report, A/63/10, 2008, chp.VIII, paras. 173-213
    5. Continuation of consideration of the exercise of the right subject to the rules of international law: the limits relating to the requirement of respect for fundamental human rights (preliminary considerations; general obligation to respect human rights; Specially protected rights of persons being expelled).
      - Fifth Report of the Special Rapporteur, Maurice Kamto (61st session of the ILC (2009))
- U.N. Doc. A/CN.4/611 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)
   
E. Reports of the Drafting Committee 
    1. 60th session of the International Law Commission (2008)

- Progress report by the Chairman of the Drafting Committee

 
    2. 61st session of the International Law Commission (2009)

- Progress report by the Chairman of the Drafting Committee

 
   
F. Comments by Governments 
    1. 61st session of the International Law Commission (2009) 
      - Comments and information received from Governments
- U.N. Doc. A/CN.4/604 (F, S, R, C, A)
G. Other 
    1. 61st session of the International Law Commission (2009) 
      - Draft articles on protection of the human rights of persons who have been or are being expelled, as restructured by the Special Rapporteur, Mr. Maurice Kamto, in the light of the plenary debate during the first part of the sixty-first session
- U.N. Doc. A/CN.4/617 (F, S, R, C, A)
    2. 61st session of the International Law Commission (2009) 
      - New draft workplan presented by the Special Rapporteur, Mr. Maurice Kamto, with a view to structuring the draft articles
- U.N. Doc. A/CN.4/618 (F, S, R, C, A)
   
H. Reports of the International Law Commission 
    1. Report of the International Law Commission on the work of its Fifty-sixth session, 3 May to 4 June and 5 July to 6 August 2004   
      - Decided to include the topic in its current programme of work and appointed Maurice Kamto as Special Rapporteur .  
      - Discussion in Plenary: 2830th (F) mtg (6 August 2004) 
- ILC Report, A/59/10, 2004, Chp. XI.A.2, para.364
    2. Report of the International Law Commission on the work of its Fifty-seventh session, 2 May to 3 June and 11 July to 5 August 2005
      - The Commission had before it the preliminary report of the Special Rapporteur providing an overall view of the topic. It held a discussion on the report.
      - Discussion in plenary: 2849th (F), 2850th (F), 2851st (F) and 2852nd (F) mtgs (11 to 15 July 2005)
- ILC Report, A/60/10, 2005, Chp. VIII, paras.242 - 274

 
 
    3. Report of the International Law Commission on the work of its Fifty-eighth session, 1 May to 9 June and 3 July to 11 August 2006
      - The Commission had before it the second report of the Special Rapporteur for the topic, Mr. Maurice Kamto and a memorandum prepared by the Secretariat. The Commission decided to consider the report at its next session in 2007.
- ILC Report, A/61/10, 2006, Chp. XIII.A, para. 252

 
 
    4. Report of the International Law Commission on the work of its Fifty-ninth session, 7 May to 5 June and 9 July to 10 August 2007
      -The Commission had before it the second and third reports of the Special Rapporteur (A/CN.4/573 and Corr.1 and A/CN.4/581), . At its 2926th meeting, held on 29 May 2007, the Commission decided to refer to the Drafting Committee draft articles 1 and 2, as revised by the Special Rapporteur at that meeting.392 At its 2944th meeting, held on 27 July 2007, the Commission decided to refer to the Drafting Committee draft articles 3 to 7.
      - Discussion in plenary: 2923rd (F), 2924th (F), 2925th (F), 2926th (F) mtgs, from 23 to 29 May 2007, and 2941st (F), 2942nd (F), 2943rd (F), and 2944th mtgs, from 24 to 27 July 2007.
- ILC Report, A/62/10, 2007, Chp. VI, paras. 184-265

 
 
    5. Report of the International Law Commission on the work of its Sixtieth session, 5 May to 6 June and 7 July to 8 August 2008

      - The Commission had before it the fourth report of the Special Rapporteur (A/CN.4/594). At its 2973rd meeting, the Commission decided to establish a working group under the chairmanship of Mr. Donald M. McRae: in order to consider the issues raised by the expulsion of persons having dual or multiple nationality and by denationalization in relation to expulsion. The Chairman of the Working Group presented the Group’s conclusions to the Commission at the latter’s 2984th meeting.
      - At its 2989th meeting, on 4 August 2008, the Commission received an oral progress report by the Chairman of the Drafting Committee on the draft articles referred to the Drafting Committee at the previous session.

      - Discussion in plenary: 2969th (F), 2972nd (F) and 2973rd (F) mtgs, on 30 May and 5 and 6 June 2008, 2984th mtg, on 24 July 2008, and 2989th mtg, on 4 August 2008.

- ILC Report, A/63/10, 2008, Chp. VIII, paras. 166-213

 
 
I. General Assembly Action 
    Res. 59/41 of 2 December 2004 (E, F, S, R, C, A)
      - Endorsed the Commission's decision to include the topic in its programme of work.

 

    Res. 60/22 of 23 November 2005 (E, F, S, R, C, A)
      - Invited Governments to provide information to the International Law Commission on the topic.

 

    Res. 62/66 of 6 December 2007 (E, F, S, R, C, A)
      - Invited Governments to provide information to the International Law Commission on the topic.

 

J. Final Outcome 

Work in progress

 

 

 

 

 

 

 

 

 



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