CCPR/C/21/Rev.1/Add.9 Page 3 in a defined part of the territory. Lawful detention, however, affects more specifically the right to personal liberty and is covered by article 9 of the Covenant. In some circumstances, articles 12 and 9 may come into play together4. Freedom to leave any country, including one’s own (paragraph 2) 8. Freedom to leave the territory of a State may not be made dependent on any specific purpose or on the period of time the individual chooses to stay outside the country. Thus travelling abroad is covered as well as departure for permanent emigration. Likewise, the right of the individual to determine the State of destination is part of the legal guarantee. As the scope of article 12, paragraph 2, is not restricted to persons lawfully within the territory of a State, an alien being legally expelled from the country is likewise entitled to elect the State of destination, subject to the agreement of that State5. 9. In order to enable the individual to enjoy the rights guaranteed by article 12, paragraph 2, obligations are imposed both on the State of residence and on the State of nationality6. Since international travel usually requires appropriate documents, in particular a passport, the right to leave a country must include the right to obtain the necessary travel documents. The issuing of passports is normally incumbent on the State of nationality of the individual. The refusal by a State to issue a passport or prolong its validity for a national residing abroad may deprive this person of the right to leave the country of residence and to travel elsewhere7. It is no justification for the State to claim that its national would be able to return to its territory without a passport. 10. The practice of States often shows that legal rules and administrative measures adversely affect the right to leave, in particular, a person’s own country. It is therefore of the utmost importance that States parties report on all legal and practical restrictions on the right to leave, which they apply both to nationals and to foreigners, in order to enable the Committee to assess the conformity of these rules and practices with article 12, paragraph 3. States parties should also include information in their reports on measures that impose sanctions on international carriers which bring to their territory persons without required documents, where those measures affect the right to leave another country. Restrictions (paragraph 3) See e.g Communication No. 138/1983, Mpandajila v. Zaire, para. 10; Communication No. 157/1983, Mpaka-Nsusu v. Zaire, para. 10; Communication Nos. 241 and 242/1987, Birhashwirwa/Tshisekedi v. Zaire, para. 13. 4 5 See General Comment No. 15, para. 9, in HRI/GEN/1/Rev. 3, 15 August 1997, p. 21. See Communication No. 106/1981, Montero v. Uruguay, para 9.4; Communication No. 57/1979, Vidal Martins v. Uruguay, para. 7; Communication No. 77/1980 Lichtensztejn v. Uruguay, para. 6.1. 6 7 See Communication No. 57/1979, Vidal Martins v. Uruguay, para. 9.