rights which in itself is not sufficient to grant benefits and which represents part of the necessary
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amount of accumulation required for the enjoyment of benefits.
The wording of paragraph 3 is somewhat obscure because it does not specify where the
rights acquired or in the process of acquisition were acquired: in the home country of the
stateless person or in a Contracting State, whence the stateless person moved to another
Contracting State. The history of paragraphs 3 and 4 of Article 19 of the Ad Hoc
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Committee’s draft on the Refugee Convention makes it obvious
that paragraph 3 refers
only - as regards refugees - to rights which a refugee accumulated in a Contracting State
where he first found asylum and which he would like to make use of in another such
country. In such cases he would enjoy, under paragraph 3, the same treatment as a
national of his first country of refuge. The same rule is to be applied to stateless persons.
Paragraph 4 deals with rights accumulated in a stateless person’s country of residence, a
non-Contracting State, to be exercised in his second country of residence, a Contracting
State. In such instances the Convention does not impose on the Contracting State an
obligation to treat the stateless person as if he were a national of the non-Contracting
State, but only recommends such a treatment to the parties to the Convention.
Article 25
Administrative assistance
1.
When the exercise of a right by a stateless person would normally require the
assistance of authorities of a foreign country to whom he cannot have recourse, the
Contracting States in whose territory he is residing shall arrange that such assistance be
afforded to him by their own authorities.
2.
The authority or authorities mentioned in paragraph 1 shall deliver or cause to be
delivered under their supervision to stateless persons such documents or certifications as
would normally be delivered to aliens by or through their national authorities.
3.
Documents or certifications so delivered shall stand in the stead of the official
instruments delivered to aliens by or through their national authorities, and shall be given
credence in the absence of proof to the contrary.
4.
Subject to such exceptional treatment as may be granted to indigent persons, fees
may be charged for the services mentioned herein, but such fees shall be moderate and
commensurate with those charged to nationals for similar services.
5.
The provisions of this article shall be without prejudice to articles 27 and 28.
1.
There was, in the Conference, some disagreement regarding the incorporation of this
Article in the Convention. The representatives of Sweden and Great Britain referred to the
reservations which their governments entered to this article of the Refugee Convention. The
British representative favoured, however, the inclusion of the article because the United Kingdom
did not want to prevent other governments from applying its provisions and the article set a goal
which Great Britain would seek to attain. The French representative pointed to the office for the
legal and administrative protection of refugees and stateless persons established in France which
issues all the documents these persons require to perform acts of civil life, replacing documents
which the authorities of their country of origin fail to provide.
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The agreements to which para. 3 refers are bilateral treaties by which states agree to enable workers who move from
one country to the other to accumulate the insurance benefits earned in both countries. In such cases it is usually agreed
that each country pays its share according to the period of work in its territory (E/AC.32/SR.14, para. 55). An example of
the application of such agreements is afforded by the French-Belgian treaty on this subject (Ibid., para. 56).
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See the statement of the representative of Israel in SR.11, pp. 4-5.