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Article 4.Scope of applicationA. Negotiation textsRolling text (A/AC.254/4/Add.1/Rev.1)Fourth session: 28 June-9 July 1999“Article 5“Scope of application“1. This Protocol applies to the smuggling of migrants when committed in thecontext of organized crime as defined in article 2 of the Convention. 1“2. The provisions of this Protocol shall be without prejudice to the obligationsof States Parties under the 1951 Convention 2 and the 1967 Protocol 3 relating tothe Status of Refugees.”Notes by the Secretariat1. At the fourth session of the Ad Hoc Committee, some delegations suggested theinclusion in article 5 of a saving clause similar to that contained in article 15 of the drafttrafficking in persons protocol. (See, for example, the proposal of Belgium, contained indocument A/AC.254/L.35; see also the note submitted subsequently, during the eighth sessionof the Ad Hoc Committee, by the Office of the United Nations High Commissionerfor Human Rights, the Office of the United Nations High Commissioner for Refugees, theUnited Nations Children’s Fund and the International Organization for Migration containedin document A/AC.254/27 and Corr.1, para. 17). Other delegations recommended placingsuch a saving clause at the end of the protocol. Morocco suggested including the principleof non-refoulement in article 4 (see A/AC.254/L.60). That delegation recalled that referenceto humanitarian law was necessary. In the same context, the Office of the UnitedNations High Commissioner for Human Rights, the Office of the United Nations HighCommissioner for Refugees, the United Nations Children’s Fund and the InternationalOrganization for Migration characterized the principle of non-refoulement as the core ofinternational refugee protection and strongly advocated the inclusion of a provision to theeffect that illegality of entrance into a State would not adversely affect a person’s claimfor asylum. It was further suggested that, in order to make such a provision effective,States parties should be required to ensure that smuggled migrants were given full oppor-1It was considered that this article will need to be reviewed in the light of choices made with regard to options thatappeared later in the text. In addition, the article would need to be reviewed to ensure its consistency with the convention.2United Nations, Treaty Series, vol. 189, No. 2545.3Ibid., vol. 606, No. 8791.471