The Right of Aliens to Vote and to Carry out Political Activities: A Critical Analysis of the Relevant International Obligations Incumbent on the State of Origin and on the Host State

Migration is a world-wide phenomenon which has always existed. Nonetheless, it is undeniable that in recent times the number of persons leaving their home country has increased significantly. This is due to various factors such as war, poverty, climate change, natural disasters, terrorism, serious and systematic violations of human rights by governments. . So far the legal status of foreigners (i.e. non-citizens) temporarily (or permanently) settled in a State other than their home country has received only limited attention. The aim of the present paper is to investigate the regulation of foreigners’ political activities and their right to vote and be elected, both in the home country and the hosting country, as they derive from international law and more specifically from human rights law. After a short introduction to present the different issues at stake and a few terminological definitions, the first part of this article will analyse which are the obligations of the home State towards its diaspora and, first of all, if the diaspora enjoys a right to vote and to be elected in their home country while abroad. The question will be examined from both a human rights and an international law perspective, always maintaining a necessary distinction between the rights of migrants, those of refugees and those of all the remaining citizens living abroad. The second part of this study will be devoted to analysing which are the specific obligations regarding elections of the States hosting foreigners: to what extent do these States have an obligation to allow the organisation of out of country elections in their territory or the political activities carried out by foreigners in connection with elections held in the home country of the foreigner or in national or local elections organised inside the hosting State? The last paragraph will be devoted to offering some concluding remarks that summarise the main findings of the analysis carried out in the present work.