individuals lawfully residing in a state.325 Article 22 of the ACHR contains similar provisions concerning freedom of movement and residence. 225. A rticle 12 (3) of the ICCPR, Article 2(3) of Protocol 4 to the ECHR and Article 22(3) provide for exceptional circumstances in which some of these rights may be restricted. Such circumstances are limited to the protection of national security and public safety, the maintenance of public order, the prevention of crime, the protection of public health or morals, or the protection of the rights and freedoms of others. Any limitation must strictly comply with the principles of legality, necessity and proportionality in accordance with international human rights standards. Furthermore, they must be compatible with other fundamental human rights norms, such as the prohibition of discrimination. Participating States should review their legislation and practices relating to freedom of movement to ensure that they are fully consistent with international human rights standards. They should ensure the meaningful, open and inclusive consultation and participation of civil society, including human rights defenders, in discussions about legislative initiatives to bring their laws in line with international standards. 226. Participating States have repeatedly reaffirmed the rights of everyone to freedom of movement and residence within the borders of each state, and to leave any country, including their own, and to return to their country. 326 Furthermore, they have undertaken a number of commitments in relation to the procedures for entry into their territories by citizens of other participating States. In particular, they have expressed the intention to “facilitate freer movement and contacts, individually and collectively, whether privately or officially, among persons, institutions and organizations of the participating States”. More specifically, they have committed to gradually simplify and administer flexibly the procedures for exit and entry; to ease regulations concerning movement of citizens from other participating States in their territory; and to lower, where necessary, the fees for visas and official travel documents.327 In addition, they have pledged to ensure that their policies concerning entry into their territories are fully consistent with the aims set out in the relevant provisions of the Final Act.328 They have further stated that “[t]hey will give serious consideration to proposals for concluding agreements on the issuing of multiple-entry visas and the reciprocal easing of visa processing 325  In its General Comment No. 27 on Article 12 of the ICCPR, the UN Human Rights Committee specifies that “in principle, citizens of a State are always lawfully within the territory of that State” and “an alien who entered the State illegally, but whose status has been regularized, must be considered to be lawfully within the territory”. See UN Human Rights Committee General Comment No. 27 on Freedom of movement (Article 12), 2 November 1999, para. 4. Also, the Committee has emphasized that “[t]he right to move freely relates to the whole territory of a State, including all parts of federal States” (para. 5). 326  See, for example, Vienna 1989, “Questions Relating to Security in Europe: Principles”, para. 20. 327  See 1975 Helsinki Final Act section “1. Human Contacts” and, more specifically, sub-section “(d) Travel for Personal or Professional Reasons” therein. 328  Vienna 1989, “Co-operation in Humanitarian and Other Fields”, para. 2. 104 Guidelines on the Protection of Human Rights Defenders

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