delays in the issuance of travel documents and travel bans that prevent human
rights defenders from leaving the country solely for reasons related to their human
rights work, should be promptly removed. The UN Human Rights Committee has
also expressed its concern about the need for individuals to obtain an exit visa
in order to be able to travel abroad, and has stated that such systems should be
abolished.334 Participating States have reaffirmed that they respect the right of
everyone to leave any country, including their own, and to return to their country,
in accordance with states’ international obligations and CSCE commitments. As
such, they have stated that “[r]estrictions on this right will have the character of
very rare exceptions, will be considered necessary only if they respond to a specific
public need, pursue a legitimate aim and are proportionate to that aim, and will not
be abused or applied in an arbitrary manner”.335
230. W here human rights defenders are denied the right to leave their country because
their names appear on a list of individuals whose movement from the country has
been prohibited, they should be notified of this status as soon as the respective
decision has been made; they should also be informed of the substantive justification of such a decision and provided with the possibility to challenge the travel
restriction before a competent, independent and impartial court. The names of
human rights defenders should be promptly removed from the list if there is no
lawful justification for their inclusion on the list. Procedures relating to the imposition of travel restrictions on human rights defenders should be transparent, lawful
and accountable.
231. Freedom of movement within the country: In a number of participating States,
human rights defenders also continue to face undue restrictions with regard to free
movement across the territory of the state. They are barred from accessing certain
parts of the country, autonomous regions or disputed territories, and therefore
prevented from conducting monitoring and reporting or other activities to promote
the observance of human rights in those areas. Furthermore, in some participating States, free movement is restricted in order to prevent human rights defenders
from taking part in certain public events, including meetings, marches and demonstrations that convey messages that are critical of the authorities or in favour of
334 See UN Human Rights Committee, “Concluding Observations on Uzbekistan”, UN Doc. CCPR/C/UZB/
CO/3, 7 April 2010, para. 18, and “Concluding Observations on Kazakhstan”, UN Doc. CCPR/C/KAZ/CO/1, 19
August 2011, para. 18.
335
106
Copenhagen 1990, para. 9.5.
Guidelines on the Protection of Human Rights Defenders
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents