Since 2012, Tibetans from the Tibet Autonomous Region (TAR) have had their passports confiscated and, as a result, unable to travel abroad. This is because of 29 April 2012 ‘guiding opinions’ on implementing passport regulation issued by the Chinese authorities that was recently obtained by the Tibetan Centre for Human Rights and Democracy. The letter of the law and its implementation have prevented almost all Tibetans in the TAR from travelling outside of the People’s Republic of China (PRC). In 2014, further restrictions have prevented Tibetans from travelling to religious ceremonies and sacred sites.
Article 12(2) of the ICCPR, which is binding on the PRC as part of customary international law, recognizes that everyone has the right to freedom of movement, including the right leave their country. The Human Rights Committee’s General Comment 27 is an authoritative interpretation of this right. It states that international travel cannot be restricted because of the purpose or duration of the travel. The right to freedom of movement may only be restricted in exceptional circumstances when the restriction is necessary to protect national security, public order, public health or morals and the rights and freedoms of others. The General Comment highlighted administrative barriers to travel as a major concern.