12.07.2015 Views

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

554 Travaux préparatoires: United Nations Convention against Transnational Organized Crime1951 Convention and the 1967 Protocol relating to the Status <strong>of</strong> Refugees and theprinciple <strong>of</strong> non-refoulement as contained therein.” 1, 2Notes by the Secretariat2. At its eleventh session, the Ad Hoc Committee considered, finalized and approvedarticle 15 bis, as amended with the inclusion <strong>of</strong> an additional paragraph 2 to bring it inline with the corresponding article 13 (final article 14) <strong>of</strong> the trafficking in persons protocol.The last amendments are reflected in the final text <strong>of</strong> the protocol, as included inthe report <strong>of</strong> 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 <strong>of</strong> 17December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex III)IV. Final provisionsArticle 19Saving clause1. Nothing in <strong>this</strong> Protocol shall affect the other rights, obligations and responsibilities<strong>of</strong> States and individuals under international law, including internationalhumanitarian law and international human rights law and, in particular, whereapplicable, the 1951 Convention 3 and the 1967 Protocol 4 relating to the Status <strong>of</strong>Refugees and the principle <strong>of</strong> non-refoulement as contained therein.2. The measures set forth in <strong>this</strong> Protocol shall be interpreted and applied ina way that is not discriminatory to persons on the ground that they are the object<strong>of</strong> conduct set forth in article 6 <strong>of</strong> <strong>this</strong> Protocol. The interpretation and application<strong>of</strong> those measures shall be consistent with internationally recognized principles<strong>of</strong> non-discrimination.1At the eighth session <strong>of</strong> the Ad Hoc Committee, it was decided to replace the previous text <strong>of</strong> paragraph 2 <strong>of</strong> article5 with new text based on the proposal <strong>of</strong> Belgium and Norway (A/AC.254/L.189) and article 13 <strong>of</strong> the revised draft traffickingin persons protocol (A/AC.254/4/Add.3/Rev.5), as agreed at the seventh session. It was also decided to place the text herefor greater consistency with the text <strong>of</strong> the trafficking in persons protocol. The inclusion <strong>of</strong> the principle <strong>of</strong> non-refoulementwas proposed in the note submitted during the eighth session <strong>of</strong> the Ad Hoc Committee by the Office <strong>of</strong> the United NationsHigh Commissioner for Human Rights, the Office <strong>of</strong> the United Nations High Commissioner for Refugees, the United NationsChildren’s Fund and the <strong>International</strong> Organization for Migration contained in <strong>document</strong> A/AC.254/27 and Corr.1, para. 20;see also the informal note submitted during the fourth session <strong>of</strong> the Ad Hoc Committee by the United Nations HighCommissioner for Human Rights contained in <strong>document</strong> A/AC.254/16, para. 8. Some delegations expressed concern aboutthe inclusion <strong>of</strong> the words “and the principle <strong>of</strong> non-refoulement as contained therein”. In their view <strong>this</strong> was redundant visà-visthe international instruments cited in the new article, which also contained principles <strong>of</strong> non-refoulement. One delegationalso felt that the reference to a specific principle <strong>of</strong> international law could lead to the interpretation that other establishedprinciples might not apply. One delegation noted that text dealing with “principles <strong>of</strong> non-discrimination” appeared in theoriginal proposal <strong>of</strong> Belgium and Norway and in article 13 <strong>of</strong> the trafficking in persons protocol and wondered whether theyshould be included in <strong>this</strong> provision as well. The discussions on <strong>this</strong> provision also considered proposals <strong>of</strong> Mexico(A/AC.254/L.160) and Morocco (see A/AC.254/5/Add.21). The text <strong>of</strong> those proposals was not adopted, but might be relevantto other provisions and Mexico and Morocco reserved the right to raise their proposals again at the appropriate time.2At the eighth session <strong>of</strong> the Ad Hoc Committee, some delegations expressed concerns about the implications <strong>of</strong> <strong>this</strong>provision for States that were not parties to the instruments referred to. In particular, Saudi Arabia and the United ArabEmirates were concerned that, as a result <strong>of</strong> <strong>this</strong> wording, their Governments might be subject to obligations under thoseinstruments, to which they were not parties, should they become parties to the convention and the protocol. It was pointedout that the opening words protected the integrity <strong>of</strong> existing obligations, but could not be interpreted as creating new ones.Thus, a State that was not already subject to such an obligation would not become subject to it simply by becoming a partyto the protocol. Saudi Arabia and the United Arab Emirates asked for <strong>this</strong> fact to be noted in the travaux préparatoires.3United Nations, Treaty Series, vol. 189, No. 2545.4Ibid., vol. 606, No. 8791.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!