E/CN.4/Sub.2/2005/17
page 8
9. The right to freedom of movement
9.1
Everyone has the right to freedom of movement and the right to choose his or her
residence. No one shall be arbitrarily or unlawfully forced to remain within a certain territory,
area or region. Similarly, no one shall be arbitrarily or unlawfully forced to leave a certain
territory, area or region.
9.2
States shall ensure that freedom of movement and the right to choose one’s residence are
not subject to any restrictions except those which are provided by law, are necessary to protect
national security, public order, public health or morals or the rights and freedoms of others, and
are consistent with international human rights, refugee and humanitarian law and related
standards.
SECTION IV. THE RIGHT TO VOLUNTARY RETURN IN
SAFETY AND DIGNITY
10. The right to voluntary return in safety and dignity
10.1 All refugees and displaced persons have the right to return voluntarily to their former
homes, lands or places of habitual residence, in safety and dignity. Voluntary return in safety
and dignity must be based on a free, informed, individual choice. Refugees and displaced
persons should be provided with complete, objective, up-to-date, and accurate information,
including on physical, material and legal safety issues in countries or places of origin.
10.2 States shall allow refugees and displaced persons who wish to return voluntarily to their
former homes, lands or places of habitual residence to do so. This right cannot be abridged
under conditions of State succession, nor can it be subject to arbitrary or unlawful time
limitations.
10.3 Refugees and displaced persons shall not be forced, or otherwise coerced, either directly
or indirectly, to return to their former homes, lands or places of habitual residence. Refugees and
displaced persons should be able to effectively pursue durable solutions to displacement other
than return, if they so wish, without prejudicing their right to the restitution of their housing, land
and property.
10.4 States should, when necessary, request from other States or international organizations
the financial and/or technical assistance required to facilitate the effective voluntary return, in
safety and dignity, of refugees and displaced persons.
SECTION V. LEGAL, POLICY, PROCEDURAL AND INSTITUTIONAL
IMPLEMENTATION MECHANISMS
11. Compatibility with international human rights, refugee and
humanitarian law and related standards
11.1 States should ensure that all housing, land and property restitution procedures,
institutions, mechanisms and legal frameworks are fully compatible with international human
rights, refugee and humanitarian law and related standards, and that the right to voluntary return
in safety and dignity is recognized therein.