Declaration on the Rights of Expelled and Deported Persons

In 2012, the Post-Deportation Human Rights Project launched a draft document – now the Declaration on the Rights of Expelled and Deported Persons. The draft Declaration addresses the rights of people who are deported or forcibly expelled by various coercive mechanisms. It seeks to define basic procedural and substantive rights for such persons who, in many cases, are left with no recourse and who face a wide variety of often quite severe human rights violations, including harsh treatment during deportation, loss of personal belongings and documents, lack of proper medical care, family separation, lack of counsel, etc.

As Professor Daniel Kanstroom, director of the Post-Deportation Human Rights Project, has stated: “Our contention—based on years of representing people facing deportation and after they have been deported—is that we are living in the midst of a massive, harsh, global social experiment with deportation that is unprecedented in its scope and its severity. The deported should be seen as a cognizable legal class of people with specific, enforceable rights claims.”

We invite you to review and comment on the Declaration.

Note:  The Declaration on the Rights of Expelled and Deported Persons has not yet been formally adopted by any international body of human rights law.  However, it is firmly based in existing and established human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as customary international law. 

Read and Comment on the Declaration