The Right to Travel
The Effect of Travel Restrictions on Scientific Collaboration
Between American and Cuban Scientists
American Association for the Advancement of Science

I. The Right to Travel— International Standards

The underlying principle that people should have the widest possible freedom to move between their own countries and other nations is based on several universally recognized human rights standards. A number of major international human rights treaties guarantee the right of people to leave any country, including their own, and to return to their native countries. While nations have general authority to control whether foreigners can enter their territory, they are prohibited, under non-discrimination standards, from arbitrarily excluding people of particular nationalities, races, or political viewpoints from entering their territory. The right of free movement also is closely connected to the exercise of free expression and free association rights.7

Furthermore, "the right to travel is an essential component of the collective dissemination of knowledge that is at the core of the scientific approach."8 However, it is important to note that the U.S. government does not recognize the right to travel as an internationally recognized fundamental right.9

The Helsinki Accords and their follow-up agreement provide more specific details on what freedom of movement requires.10 Under the Helsinki Accord’s "Guidelines for Cooperating in the Fields of Economics, Science and Technology, and of the Environment," signatories declared that, "it is important to promote the sharing of information and experience, facilitating the study and transfer of scientific and technological achievements."11 The guidelines recommend measures to remove obstacles to such cooperation, including efforts to promote:

  • exchanges and visits as well as other direct contacts and communications among scientists for consultation, lecturing, and conducting research (including the use of laboratories or libraries);

  • international and national conferences, symposia, seminars, courses, and other meetings of a scientific and technological character, involving the participation of foreigners; and

  • participation in international scientific and technological cooperation programs, such as those of the United Nations Economic Social Council or other international institutions.12

In 1997, the United Nations issued a working paper on the right to freedom of movement and related issues, which was prepared by the Subcommission on the Prevention of Discrimination and Protection of Minorities of the United Nations Commission on Human Rights.13 According to the United Nations’ working paper, travel restrictions, by limiting the ability of scientists and scholars to visit or communicate with their colleagues in other countries, violate the principle of free association, and the right to receive and disseminate information.14

A Standing Committee on the Free Circulation of Scientists was created by the International Council on Scientific Unions (ICSU)15 in 1963. The Committee was formed to safeguard and promote the free circulation of scientists and to promote the freedom to pursue science and to publish the results; the freedom to communicate among scientists and to disseminate scientific information; and the freedom of movement of scientific materials.16

In 1972, ICSU adopted Statute 5 reconfirming its philosophy of nondiscrimination. This commitment was reconfirmed in 1984 by ICSU’s 20th General Assembly. It states:

In pursuing these objectives the International Council on Scientific Unions shall observe the basic policy of nondiscrimination and affirm rights of scientists throughout the world to adhere to or to associate with international scientific activity without regard to race, religion, political philosophy, ethnic origin, citizenship, language, or sex. The International Council on Scientific Unions shall recognize and respect the independence of the internal scientific planning of its National Members. September 1984, Ottawa.17

Meetings sponsored by organizations within ICSU18 must ensure the fundamental right of participation, without any discrimination, of the representatives of each the International Council on Scientific Unions members and other bodies.19

Violations of the free circulation of scientists, as documented by ICSU, fall into the following categories:

  1. The refusal of visas to enter a certain country, or unfortunate delays in granting visas to allow scientists to participate in international scientific meetings, or to meet or collaborate with their colleagues;
  2. conditions imposed on the granting of a visa requiring the affirmation of personal views by individual scientists from some countries only relating to political convictions, racial prejudices or other nonscientific views in order to obtain an entry visa;
  3. refusal of permission to participate in an appropriate scientific meeting organized by an International Council on Scientific Unions body in the country of residence of the scientist; and
  4. refusal of permission to travel to a scientific meeting organized by an International Council on Scientific Unions body and held outside the country of residence of the individual and/or excessive payment required for permission to travel to such a meeting.20

In defense of its nondiscrimination policy, the ICSU may take one or more of the following measures:
  1. publicize information about the refusal to grant entry visas;
  2. issue a formal protest statement at local, national, or international levels;
  3. withdraw International Council on Scientific Unions sponsorship of the meeting;
  4. recommend to all International Council on Scientific Unions members not to accept invitations to hold meetings in the country concerned for five years or until the situation is remedied; and
  5. in exceptional cases, cancel the meeting21

Despite these policies and initiatives to promote freedom of movement, the 1996 AAAS report indicates that:

many American scientists and academics still experience substantial difficulties in traveling to particular countries, notably Cuba, that are disfavored because of their politics. Some foreign scientists and academics also continue to experience problems entering the U.S. to carry out legitimate research, communications, and exchanges, based largely on their political views or country of origin. 22

The AAAS report comments that,

exclusions of this type, especially those that target individuals from particular countries or political backgrounds, are contrary to internationally recognized principles of nondiscrimination, according to which governments must ensure that their laws, regulations, and administrative practices do not use race, sex, religion, nationality, color, political beliefs or other invidious classifications as a basis for denying entry. Exclusions on such basis violate the free expression and free association provisions of international human rights instruments.23

6. Although Cuban officials have not submitted an official response to the Program's preliminary report, Cuban Academy of Science representatives have indicated their concern that these cases are presented in a one-sided manner. In at least one instance, our description of the case was characterized as outlandish and untrue. However, no specific information was provided to refute the allegations.

7. Iles and Sklar, The Right to Travel, v.

8. Senate Committee, The Constitutional Right to International Travel, 108.

9. Michael Ranneberger, letter to Audrey R. Chapman, 20 April 1998.

10. Iles and Sklar, The Right to Travel, v.

11. 14 International Legal Materials (1975) 1295, cited in Iles and Sklar, The Right to Travel, 13.

12. 14 International Legal Materials, 1305, cited in Iles and Sklar, The Right to Travel, 13.

13. For a summary of the specific rights identified as relevant to the right to freedom of movement, please see Appendix I.

14. UN, Economic and Social Council, Commission on Human Rights, Sub-commission on Prevention of Discrimination and Protection of Minorities, Forty-ninth Session, Working Paper on the Right to Freedom of Movement and Related Issues, prepared by Vologymir Boutkevitch in implementation of decision 1996/109 of the Sub-Committion, E/CN.4/Sub.2/1997/22, 29 July 1997.

15. The International Council of Scientific Unions (ICSU), an international non-governmental scientific organization established in 1931 to promote international cooperation in science for the benefit of humankind, encourages the development of international scientific activity through a network of scientific unions and scientific and special committees, inter-union commissions, working groups, permanent services, etc. The International Council on Scientific Unions brings together scientists from more than seventy academies of science and councils of research (International Council of Scientific Unions, Universality of Science (1990-1991) 3.)

16. International Council of Scientific Unions, Universality of Science (1990-1991) 3.

17. Ibid., 4.

18. The International Council on Scientific Unions defines an international scientific meeting as any scientific meeting arranged or sponsored by the International Council on Scientific Unions itself or by scientific unions, committees or associates of the International Council on Scientific Unions. In all such cases, scientific meetings must be open to any member of the international scientific community without discrimination.

19. International Council, Universality, 5.

20. Ibid., 4.

21. Ibid., 6.

22. Iles and Sklar, The Right to Travel, 19.

23. Ibid., vii.

 

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