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Article 18.Return <strong>of</strong> smuggled migrantsA. Negotiation textsRolling text (A/AC.254/4/Add.1/Rev.1)Fourth session: 28 June-9 July 1999“[Article 15“Return <strong>of</strong> smuggled migrants“1. Each State Party agrees to facilitate and accept, without delay, the return<strong>of</strong> a person who has been smuggled contrary to the terms <strong>of</strong> <strong>this</strong> Protocol who is anational <strong>of</strong> that State Party or who had the right <strong>of</strong> abode in the territory <strong>of</strong> that StateParty at the time <strong>of</strong> entry into the receiving State.“2. At the request <strong>of</strong> the receiving State Party, each State Party shall, withoutundue or unreasonable delay, verify whether a person who has been smuggled contraryto the terms <strong>of</strong> <strong>this</strong> Protocol is a national <strong>of</strong> the requested State Party.“3. In order to facilitate the return <strong>of</strong> a person smuggled contrary to the terms<strong>of</strong> <strong>this</strong> Protocol without proper <strong>document</strong>ation, the State Party <strong>of</strong> whom the personis a national or in which the person had the right <strong>of</strong> abode at the time <strong>of</strong> entry intothe receiving State shall agree to issue, at the request <strong>of</strong> the receiving State Party,such travel <strong>document</strong>s or other authorization as may be necessary to enable the person’sreadmission into its territory.]” 1Notes by the Secretariat1. The <strong>version</strong> <strong>of</strong> article 15 contained in <strong>document</strong> A/AC.254/4/Add.1/Rev.1remained unchanged in the intermediate drafts <strong>of</strong> the protocol (A/AC.254/4/Add.1/Revs.2and 3). The text also remained unchanged in <strong>document</strong>s A/AC.254/4/Add.1/Revs.4-6, withthe exception <strong>of</strong> an editorial amendment in the first two paragraphs, by which the words“States Parties” replaced the words “each State Party”. (See also note 1 by the Secretariatconcerning the preamble <strong>of</strong> the present protocol.)2. At the sixth session <strong>of</strong> the Ad Hoc Committee, a majority <strong>of</strong> delegations supportedretaining <strong>this</strong> article, subject to further discussion. Amendments were proposed by France1This article was proposed by the United States and supported by a number <strong>of</strong> other delegations. Many other delegationsexpressed concern about the issue <strong>of</strong> the return <strong>of</strong> migrants and about the compatibility <strong>of</strong> such a provision with humanrights instruments, as well as about the potential implications <strong>of</strong> such a provision on extradition.547

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