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548 Travaux préparatoires: United Nations Convention against Transnational Organized Crime(for implementation on a case-by-case basis), the Philippines (for a new paragraph emphasizingthe rights of migrants and their status as victims) and Ukraine (to limit paragraph 1to persons who were nationals or had a right of permanent abode in the source country),but there was no general agreement in support of any of those proposals. Substantively,some delegations expressed the view that making provision for the return of migrants wasnecessary as a means of deterring migrants and organized criminal groups and also toensure the right of the migrants themselves to return to their place of origin. Other delegationsproposed either deletion or modification on the basis that the provision was beyondthe mandate given to the Ad Hoc Committee by the General Assembly and that it unfairlyplaced the burden on the migrants themselves. One suggested compromise was that theprovision might be retained, but with language that would ensure that migrants could onlybe returned voluntarily and that their rights of due process were protected. The Chairpersonadvised delegations to work unofficially on a new text, which would have the status onlyof a proposal from one or more sponsoring delegations at a future session.Austria and Italy (A/AC.254/5/Add.35)Eleventh session: 2-28 October 2000“Article 15“Return of smuggled migrants“1. Each State Party agrees to facilitate and accept, without undue or unreasonabledelay, the return of a smuggled migrant who is a national of that State Partyor who had the right of permanent residence in the territory of that State Party at thetime of entry into the receiving State.“2. At the request of the receiving State Party, the State Party concerned shall,without undue or unreasonable delay, verify whether a smuggled migrant is a nationalof the requested State Party or had the right of permanent residence in the territoryof the requested State Party at the time of entry into the receiving State Party.“3. In order to facilitate the return of a smuggled migrant without proper documentation,the State Party of which the migrant is a national or in the territory ofwhich the migrant had the right of permanent residence at the time of entry into thereceiving State shall agree to issue, at the request of the receiving State Party, suchtravel documents or other authorization as may be necessary to enable the migrant’sreadmission into its territory.“4. Each State Party involved with the return of a smuggled migrant shall takeall appropriate measures to carry out the return with due regard for the safety of thesmuggled migrant.“5. Paragraphs 1 to 3 of this article shall not affect the obligations entered intounder any other treaty, bilateral or multilateral, or any operational arrangement thatgoverns, in whole or in part, the return of smuggled migrants applicable at the timeof entry into force of this Protocol.“6. States Parties may cooperate with relevant international organizationsregarding the implementation of this article.“7. The provisions of this article shall be without prejudice to any right affordedto the smuggled migrant by any domestic law of the receiving State.”