CONVENTION RELATING TO THE STATUS OF ... - Refworld

ecause it lacked totally the final clauses, i.e. the provisions regarding the coming into force of
the document reservations thereto etc. For all these reasons the conference decided to redraft or
at least review all the articles of the Refugee Convention which were to be applied to stateless
persons and to adopt, instead of a protocol, a separate convention. There were doubts whether
such a procedure would be in accordance with the terms of reference of the conference as
expressed in the above resolution of the Economic and Social Council and the powers granted to
the delegates by their governments some of whom had full powers to sign a protocol only. It was
pointed out, however, that there were precedents of this nature and the doubts were solved in the
sense that the credentials issued to sign a protocol were no bar to signing a convention. The
Credentials Committee was of the opinion (and the conference adopted this view) that a
government, in authorizing its representative to sign a protocol, did not intend to restrict him to a
particular form of international instrument, but only intended to describe the contents of the
instrument. 12 The decision to have a convention instead of a Protocol was taken by 12 votes to
none, with 3 abstentions. 13
There was also the question whether the document should be linked with the Refugee
Convention. The decision to have a totally separate instrument was taken by the same votes as
above. 14
As already mentioned, the Ad Hoc Committee proposed to apply to stateless persons only some
of the provisions of the Refugee Convention as it was drafted by the Ad Hoc Committee. Since
the text of the proposed Refugee Convention was revised by the Conference of Plenipotentiaries,
the Stateless Persons Conference discussed the final provisions of the Refugee Convention not
the draft; it also referred in the discussion to the articles in the final text, instead of referring to the
articles in the draft. 15
The draft Protocol had omitted reference to the following articles of the Refugee Convention:
(a) Article 4 relating to the freedom of religion;
(b) Article 8 and Article 9, concerning exceptional measures;
(c) Article 11, relating to refugee seamen;
(d) Article 17, paragraphs 2 and 3, dealing with particular aspects of employment;
(e) Article 30, relating to transfer of assets;
(f) Article 31, relating to illegal entry or sojourn by refugees;
(g) Article 33, relating to prohibition of expulsion or return of refugees;
(h) Article 35, relating to cooperation of national authorities with the United Nations.
The conference included Articles 4, 8, 9, 11, 17 (3), 30 and 31. The work of the conference was
concluded, as is usual in diplomatic conferences with the adoption of the Final Act. The
Convention was opened for signature on September 28, 1954, at 2.30 p.m.
It should, in conclusion, be mentioned that the conference at first discussed mainly the
advisability of incorporating a certain Article 1n the Convention and its broad aspects. Final
decision on the article was taken at the second reading only. 16
12 SR. 10, p. 3.
13 SR. 12, p. 9.
14 Ibid.
15 The afore-mentioned memorandum by the Secretary-General included references to the final text of the Refugee
Convention.
16 SR.15, p. 5 ff.