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Statement by the Nordic Countries at the 6th Committee Meeting on Agenda item 82: Expulsion of Aliens

Statement by the Nordic Countries at the 6th Committee Meeting on Agenda item 82: Expulsion of Aliens. United Nations General Assembly, 11 October 2017, New York.

Mr. Chairman,

I have the honour to speak on behalf of Finland, Norway, Iceland, Sweden - and my own country - Denmark.

The Nordic countries would once again like to thank the International Law Commission for its elaborate work on the draft articles on expulsion of aliens.

After the adoption of the draft articles at its 66**^ session in 2014, the ILC recommended that the United Nations General Assembly, at a later stage, consider the elaboration of a convention on the basis of the draft articles. The General Assembly, in 2014, decided to revert to the matter in 2017.

On 12 June 2014 the Nordic countries provided written joint comments after the first reading of the draft. The position of the Nordic countries essentially remains the same.

Mr. Chairman,

The Nordic countries are still not convinced that this topic lends itself to incorporation into a convention. It is an area of law with significant and detailed regional rules, and divergences of opinion on many aspects of the draft articles.That said, we find the draft articles a useful description of the challenges in the area of expulsion of aliens.

In light, also, of the current global and regional processes regarding migration, including the work on the Global Compact on Migration, we consider that the best approach at this point in time is to note the work that has been done by the ILC, and to revert to its consideration in some years' time.

On a more general note, and without prejudice to the future status of the draft articles, we would like to emphasize that a possible future convention or any other type of instrument on expulsion of aliens should be based on and clearly emphasize the obligation of States under international law to readmit their own nationals who do not have a legal residence in another country. This obligation applies to both voluntary and forced returns.

In conclusion, Mr. Chairman, [and in light of the comments of other delegations here present,] we consider that the Committee is best advised to revert to this matter in some years' time.

Thank you.

Last updated 19 Jan 2018, 12.33 PM