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Analytical Guide



Expulsion of aliens

last update: 23 January 2012

A. Mandate

    - 2000 recommendation of the Working-Group on the long-term programme of work (See syllabus: A/55/10 (E, F, S, R, C, A))
    - 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)
- ILC Report, A/64/10, 2009, chp.VI, paras. 90-146
    6. Continuation of consideration of prohibited expulsion practices, particularly disguised expulsion and extradition disguised as expulsion. Consideration of the conditions in which the person being expelled is detained, as well as expulsion proceedings.
      - Sixth Report of the Special Rapporteur, Maurice Kamto (62nd session of the ILC (2010))
- U.N. Doc. A/CN.4/625 (F, S, R, C, A), Add.1 (F, S, R, C, A) and Add.2 (F, S, R, C, A)
- ILC Report, A/65/10, 2010, chp.V, paras. 135-183
- ILC Report, A/66/10, 2011, chp.VIII, paras. 215-263
    7. Recent developments on the issue, including national developments and the Judgment of the International Court of Justice of 30 November 2010 in the Ahmadou Sadio Diallo case.
      - Seventh Report of the Special Rapporteur, Maurice Kamto (63rd session of the ILC (2011))
- U.N. Doc. A/CN.4/642 (F, S, R, C, A)
- ILC Report, A/66/10, 2011, chp.VIII, paras. 215-263

   
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

 
    3. 62nd session of the International Law Commission (2010)

- Progress report by the Chairman of the Drafting Committee

 
    4. 63rd session of the International Law Commission (2011)

- 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)
    2. 62nd session of the International Law Commission (2010) 
      - Comments and information received from Governments
- U.N. Doc. A/CN.4/628 (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
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/549 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
- Ybk, 2004, vI
    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
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560) (E, F, S, R, C, A))

 
 
    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
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A) and Add.2 (E, F, S, R, C, A))

 
 
    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. 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 (F) mtgs, from 24 to 27 July 2007.
- ILC Report, A/62/10, 2007, Chp. VI, paras. 184-265
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588 (E, F, S, R, C, A))

 
 
    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 (F) 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 (F) meeting.
      - At its 2989th (F) 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 (F) mtg, on 24 July 2008, and 2989th (F) mtg, on 4 August 2008.

- ILC Report, A/63/10, 2008, Chp. VIII, paras. 166-213
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))

 
 
    6. Report of the International Law Commission on the work of its Sixty-first session, 4 May to 5 June and 6 July to 7 August 2009   

      - The Commission had before it the fifth report of the Special Rapporteur (A/CN.4/611 and Corr.1), as well as the comments and information received from Governments up to that point (A/CN.4/604).
      -
      At its 3006th (F) meeting, the Special Rapporteur undertook to present to the Commission a revised and restructured version of draft articles 8 to 14, taking into account the plenary debate. The Special Rapporteur then submitted to the Commission a document containing a set of draft articles on protection of the human rights of persons who have been or are being expelled, revised and restructured in the light of the plenary debate (A/CN.4/617). He also submitted a new draft workplan with a view to restructuring the draft articles (A/CN.4/618). At its 3028th (F) meeting, on 28 July 2009, the Commission decided to postpone its consideration of the revised draft articles to its sixty-second session.
      - Discussion in Plenary: 3002nd (F), 3003rd (F), 3004th (F), 3005th (F), 3006th (F) mtgs, on 8, 12, 13, 14 and 15 May 2009, and 3028th (F) mtg, on 28 July 2009.

- ILC Report, A/64/10, 2009, chp. VI, paras. 85-146
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
    7. Report of the International Law Commission on the work of its Sixty-second session, 3 May to 4 June and 5 July to 6 August 2010   

      - The Commission had before it the draft articles on protection of the human rights of persons who have been or are being expelled, as revised and restructured by the Special Rapporteur (A/CN.4/617); the new draft workplan presented by the Special Rapporteur with a view to structuring the draft articles (A/CN.4/618); and the sixth report presented by the Special Rapporteur (A/CN.4/625 and Add.1). It considered them at its 3036th meeting, on 3 May 2010, its 3038th to 3041st meetings, on 5, 6, 7 and 10 May 2010, its 3044th meeting, on 14 May 2010, and its 3062nd to 3066th meetings, on 9, 13, 14, 15 and 16 July 2010. The Commission likewise had before it comments and information received from Governments.
      -
      At its 3040th (F) meeting, on 7 May 2010, the Commission decided to refer to the Drafting Committee draft articles 8 to 15 on protection of the human rights of persons who have been or are being expelled, originally contained in the fifth report (A/CN.4/611), as revised and restructured by the Special Rapporteur in document A/CN.4/617.
      - At its 3066th (F) meeting, on 16 July 2010, the Commission decided to refer to the Drafting Committee draft articles A and 9, as contained in the sixth report of the Special Rapporteur (A/CN.4/625), and draft articles B1 and C1, as contained in the addendum to the sixth report (A/CN.4/625/Add.1), as well as draft articles B1242 and A1,1243 as revised by the Special Rapporteur during the session.
      - Discussion in Plenary: 3036th (F), 3038th (F), 3039th (F), 3040th (F), 3041st (F) and 3044th (F) mtgs (3, 5, 6, 7, 10 and 14 May 2010), 3062nd (F), 3063rd (F), 3064th (F), 3065th (F), and 3066th (F), on 9, 13, 14, 15 and 16 July 2010.

- ILC Report, A/65/10, 2010, chp. V, paras. 107-183
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/638 (E, F, S, R, C, A))
    7. Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011   

      - The Commission had before it the second addendum to the sixth report of the Special Rapporteur (A/CN.4/625/Add.2), which it considered at its 3091st to 3094th meetings, from 24 to 27 May 2011; and the Special Rapporteur’s seventh report (A/CN.4/642), which it considered at its 3098th meeting, on 4 July 2011. The Commission also had before it comments received from Governments.
      -
      At its 3094th meeting, on 27 May 2011, the Commission decided to refer to the Drafting Committee draft articles D1, E1, G1, H1, I1 and J1, as contained in the second addendum to the sixth report; draft article F1, also contained in the second addendum, as revised by the Special Rapporteur during the session, and draft article 8, in the revised version introduced by the Special Rapporteur during the sixty-second session.
      - At its 3098th meeting, on 4 July 2011, the Commission decided to refer to the Drafting Committee the restructured summary of the draft articles contained in the seventh report of the Special Rapporteur.
      - At its 3126th meeting, on 11 August 2011, the Commission took note of an interim report by the Chairman of the Drafting Committee informing the Commission of the progress of work on the set of draft articles on the expulsion of aliens, which were being finalized with a view to being submitted to the Commission at its sixty-fourth session for adoption on first reading.
      - Discussion in Plenary: 3091st (F), 3092nd (F), 3093rd (F), 3094th (F) mtgs (24 to 27 May 2011), 3098th (F) mtg (4 July 2011), and 3126th (F) mtg (11 August 2011)

- ILC Report, A/66/10, 2011, chp.VIII, paras. 204-263
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (forthcoming)
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.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/549 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
    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.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560) (E, F, S, R, C, A)
    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.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588 (E, F, S, R, C, A))
    Res. 64/114 of 16 December 2009 (E, F, S, R, C, A)
      - Drew the attention of Governments to the importance for the International Law Commission of having their views regarding practice with regard to the topic.
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
J. Final Outcome 

Work in progress

 

 

 

 

 

 

 

 

 



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