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472 Travaux préparatoires: United Nations Convention against Transnational Organized Crimetunity, including through the provision of adequate information, to make a claim for asylumor to present any other justification for remaining in the country, and that such claimswere considered on a case-by-case basis (see A/AC.254/27 and Corr.1, para. 18).2. The version of article 5 contained in document A/AC.254/4/Add.1/Rev.1 remainedunchanged in the intermediate drafts of the protocol (A/AC.254/4/Add.1/Revs.2-4).Rolling text (A/AC.254/4/Add.1/Rev.5)Eighth session: 21 February-3 March 2000“Article 5“Scope of application“[Except as otherwise provided,] this Protocol applies to offences establishedunder this Protocol [that involve] [that are committed by] 4 an organized criminal groupas defined in the Convention. 5, 6Notes by the Secretariat3. After the finalization and approval of the text of the transnational organized crimeconvention at its tenth session, at its eleventh session the Ad Hoc Committee considered,finalized and approved article 5 of the migrants protocol, as amended (a) on the basis ofa proposal submitted by Azerbaijan (see A/AC.254/5/Add.38) and (b) with the inclusionof a specific reference to “the protection of the rights of persons who have been the objectof such offences” to ensure consistency with the content of article 3 (finally article 2) ofthe protocol (Statement of purpose). The general agreement was to adopt mutatis mutandisthe approach adopted in the corresponding article 4 of the trafficking in persons protocol.The last amendments are reflected in the final text of the protocol, as included inthe report of the Ad Hoc Committee (A/55/383, sect. IV, draft resolution, annex III), thatwas submitted to the General Assembly for adoption pursuant to resolution 54/126 of 17December 1999.4The major outstanding issue with respect to the application of the protocol remained the question of whether it wouldapply only to cases where an offence had actually been committed by an “organized criminal group” or also to cases wherethere was some less direct involvement. The Chairman pointed out that it would be necessary to resolve that issue at thenext session and asked delegations to take the matter up with their Governments in the interim. A majority of delegationsthat spoke on this point supported the words “that involve”. In their view, the protocol should have a relatively broad application.Many pointed out that when States parties sought to apply the protocol in specific cases, they would be seekingassistance with an ongoing investigation. At such times, it might not be known whether organized crime was involved orit might be impossible to meet any basic standard of proof as a prerequisite to obtaining assistance under the protocol. Thosewho preferred the words “when committed by” felt that the protocol should apply to a narrower range of cases. A largemajority of the delegations speaking on both sides of the issue pointed out that the same question arose in other articles, inparticular article 4, and indicated that, once the problem was resolved, the same rule and the same language should be usedin other articles to make them consistent.5The new text of this paragraph was based on a compromise text submitted by Mexico and the United States at theeighth session of the Ad Hoc Committee. The words “Except as otherwise provided” were proposed to allow some flexibilityto extend the application of the protocol further with respect to specific articles should this prove necessary. Somedelegations had concerns about this and it was decided to place the text in square brackets pending an assessment, as otherarticles were reviewed, as to whether it would actually be necessary. Germany noted that this provision might not be neededat all, if the nature of the required link to offences committed by transnational organized criminal groups was clarifiedin articles 3 and 4.6Paragraph 2, which appeared in previous drafts, was deleted and replaced with a new article 15 bis.