15.

6 Freedom of Movement

What is the freedom of movement?

- Citizen’s ability to freely move between states or regions within their own country.
- It is our rights to leave any country and re-enter our own country without inference from
government.

Freedom of movements in Australia

- Citizens, we can leave and return to Australia whenever we like.

- Migrants who are not citizens may have conditions placed on their visas so cannot leave and
return Australia whenever they want.
- Freedom of movement is not included in the constitution. However, the government has
agreed it is a basic human right by signing the ICCPR.
- The government has the responsibility to ensure that freedom of movement is not
unreasonably restricted to anyone. The right extends to anyone who has legally entered
Australia, not just those of us who are Australian citizens.

Freedom of Movement for people who are not Australian Citizens

- International law allows the government to decide who can and cannot enter the country.
- Many people debate that the freedom of movement should extend to movement between
any countries, especially for people seeking asylum or escaping danger from their home
country.

What does the ICCPR treaty states:

- Everyone has the right to liberty of movement within a country and freedom to choose
where they live.
- Everyone has the right to leave any country, including their country of origin.
- Everyone has the right to enter their own country.

Bounds of Law for Freedom of movement: people who cannot enter or leave country.

1. Criminal laws- An accused person waiting for their criminal trial would not be allowed to
leave the trial until their trial is over. A person in jail: their freedom of movement restricted
completely.
2. Terrorism laws- It restricts Australians from traveling overseas to join or fight with terrorist
organisation and to restrict their re-entry into the country.
3. Customs and border protection laws- A person may be detained or quarantined to prevent
the spread of disease if they are infected when returning to Australia.
4. Citizenship and passport laws- People in Australia who are not citizens or permanent
residents and are illegally in the country may be deported or sent home.
5. Laws restricting entry to certain areas- People are not allowed to enter private property
without permission.

Case Study- Movement in North Korea

Can people move to other places?

- Illegal for people to leave country without permission from government- it was very rare for
the government to say sure.
- People cannot move withing their borders. They will need permission.
- People who do not live in Pyongyang (capital city), they are often not allowed to reach
resources and facilities there.

Rights for North Koreans

- In North Korea, they have very few human rights.

- Ruled by one party and leader- citizens cannot vote and their right to express themselves or
protest is severely restricted.

Can North Koreans severe punishments?

- Yes.
- Citizens are controlled by the government and those who disobey can be executed or place
into prison camps and must work like slaves.
- Government can force 100 of 1000 of people to move to poorer or inferior regions as a form
of punishment.

15.6 Freedom of Movement question and Answers

1. It is the right for anyone to enter another country or leave a country freely.

2. The ICCPR is a treaty as hence in the constitution, it doesn’t say whether we have the freedom this
treaty promises us how everyone has the right to liberty of movement within a country and freedom
to choose where they live.

3. Criminal law, Terrorism laws, citizenship and passport laws.