Expulsion of Aliens

The ILC on the Expulsion of Aliens

Posted on Actualizado enn

At work on a new article discussing the failures of international human rights law to adequately protect undocumented migrants, I was delighted to learn that the United Nations International Law Commission has been at work for nearly ten years on draft articles relating to the expulsion of aliens. Provisionally adopted by the Drafting Committee in 2012, and drafted under the guidance of Special Rapporteur (and past ILC Chairman) Maurice Kamto, the articles represent a bold departure from important aspects of human rights law relating to undocumented migrants and immigration proceedings.

Even starting with the term “expulsion” proceedings rather than a euphimism such as “removal” proceedings or a more facially neutral “immigration” proceedings suggests a fresh take on the issue.  Up front and center, draft article 1 notes that the draft articles apply with equal force to non-citizens lawfully and unlawfully present.  Given that the text of the International Covenant on Civil and Political Rights distinguishes between non-citizens lawfully and unlawfully present (Art. 13) and that the text of the UN Convention on the Elimination of All Forms of Racial Discrimination explicitly permits”‘distinctions, exclusions, restrictions or preferences” between citizens and non-citizens (Art. 1(2)) (and therefore presumably between non-citizens lawfully and unlawfully present), this represents significant progress. Leer el resto de esta entrada »