53 6. An alien lawfully in the territory of a State Party to this Convention may be expelled from it only pursuant to a decision reached in accordance with law. 9. The collective expulsion of aliens is prohibited. 252. The right to residence, the rule prohibiting the exile of nationals from their own State and the prohibition of the collective expulsion of aliens are established in the Universal Declaration of Human 225 226 Rights, in the American Declaration of the Rights and Duties of Man, in the International Covenant 227 228 on Civil and Political Rights, in Protocol 4 of the European Convention on Human Rights, the 229 International Convention on the Elimination of All Forms of Racial Discrimination, and elsewhere. 253. The Commission has maintained that collective expulsions are manifestly contrary to 230 international law. The Rapporteurship on the Rights of Migrant Workers and Their Families has written that although the international instruments do not contain a specific definition of ‘collective expulsion’, it argues that expulsions become collective when the decision to expel is not based on individual cases but on group considerations, even if the group in question is not large. Therefore, given the prohibition established in Article 22(9) of the Convention, States have an obligation to examine, justify and decide each expulsion or deportation on an individual, case-by-case basis. 254. The Commission has also held that collective expulsions involve multiple violations of the human rights of immigrant persons. The summary manner in which collective expulsions are conducted is such that Dominican nationals, residents or persons in need of international protection –many of whom are children- also end up being expelled. Given these circumstances, the Commission observes that the practice of large-scale expulsions is not just a violation of the prohibition against collective expulsions of aliens (Article 22(9) of the American Convention), but could also be violations of the following: i) the right of every person who is lawfully in the territory of a State to move about in it and to reside in it subject to the provisions of the law (Article 22(1) of the American Convention); ii) the right of every person not to be expelled from the territory of the state of which he is a national or be deprived of the right to enter it (Article 22(5) of the American Convention); iii) the right of aliens who are lawfully within the territory of a state to be expelled from it only pursuant to a decision reached in accordance with the law (Article 22(6) 231 of the American Convention); iv) the right to seek and receive asylum and the principle and right of non-refoulement (articles 22(7) and 22(8) of the Convention); v) the right to due process (Article 8(1); vi) 232 the right of access to judicial remedies and guarantees (Article 25); vii) the right to a family life and 233 protection of the family (Article 17) ; viii) the right to a private life (Article 11(2)), and ix) the rights of the child (Article 19). 255. The International Law Commission wrote that collective expulsions occur in the absence of a procedure to identify the distinctive, specific reasons for expulsion on a case by case basis, so that 225 Universal Declaration of Human Rights, articles 9, 13.1 and 13.2. 226 American Declaration of the Rights and Duties of Man, Article VIII. 227 International Covenant on Civil and Political Rights, articles 12 and 13. 228 European Convention on Human Rights. Protocol 4, articles 2, 3 and 4. 229 International Convention on the Elimination of All Forms of Racial Discrimination, articles 5 and 12. 230 IACHR, Annual Report of the Inter-American Commission on Human Rights, 2000: Second Progress Report of the Special Rapporteurship on Migrant Workers and Their Families in the Hemisphere. OEA/Ser./L/V/II.111 doc. 20 rev., April 16, 2000, paragraph 97.5. 231 IACHR, Annual Report of the Inter-American Commission on Human Rights, 1999: Progress Report of the Office of the Rapporteur on Migrant Workers and Their Families in the Hemisphere. OEA/Ser.L/V/II.106 Doc. 3, April 13, 2000, paragraph 9. 232 IACHR, Annual Report 1991, Chapter V, Situation of Haitians in the Dominican Republic. OEA/Ser.L/V/II.81 Doc. 6 rev. 1, February 14, 1992. 233 IACHR, Annual Report 1991, Chapter V, Situation of Haitians in the Dominican Republic. OEA/Ser.L/V/II.81 Doc. 6 rev. 1, February 14, 1992.

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