Article 17
Wage-earning employment
1.
The Contracting States shall accord to stateless persons lawfully staying in their
territory treatment as favourable as possible and, in any event, not less favourable than
that accorded to aliens generally in the same circumstances, as regards the right to
engage in wage-earning employment.
2.
The Contracting States shall give sympathetic consideration to assimilating the
rights of all stateless persons with regard to wage-earning employment to those of
nationals, and in particular of those stateless persons who have entered their territory
pursuant to programmes of labour recruitment or under immigration schemes.
1.
The Ad Hoc Committee suggested to apply to stateless persons only the first paragraph
of the relevant article of the Refugee Convention. In the conference the opposition to this Article
(which provided, as did Article 15 of the Refugee Convention, for the “most favourable treatment”)
was based on the same grounds as explained with reference to Article 15 above. There was also
objection to the two other paragraphs of Article 17 of the Refugee Convention, particularly on the
part of the French representative, who claimed that France could not accept them in her concern
to protect the labouring masses and in view of existing French law. In general, a number of
speakers (including the Swedish, Swiss, British, Belgian, French representatives) expressed the
view that their governments would have to enter a reservation to Article 17, paragraph 1, in order
to protect their nationals. The Turkish representative even suggested, in view of the reservations
made to Article 17 of the Refugee Convention, to consider whether Article 17 should be included
at all in the new instrument.
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The Turkish representative suggested
to insert after the words “to nationals of a foreign
country” the words “or at least that accorded in the same circumstances, to foreigners in
general” and the Belgian repeated his amendment to Article 15. The Belgian amendment
was adopted.
Since paragraphs 2 and 3 of the respective Article of the Refugee Convention did not
appear in the Draft Protocol, the representative of Great Britain formally proposed to
include paragraph 3 (now appearing as paragraph 2), contending that only paragraph 2
was the subject of reservation, while paragraph 3 would be merely a recommendation to
states to accord the best possible treatment to stateless persons and would not bind them
in any way. The inclusion of the second paragraph of Article 17 of the Refugee Convention
(with a five-year period instead of three years) was proposed by the German
representative and was supported by the British representative, but opposed by others, in
part because the five-year period was too long, and in part because, under paragraph 1 as
amended, stateless persons would enjoy the same treatment as foreigners in general. The
German amendment (together with the proposal to include paragraph 2) was rejected and
the British proposal to include paragraph 3 was adopted.
The whole Article was adopted by 17 votes to none, with 1 abstention.
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2.
As in the case of Article 15, this Convention provides fewer rights to stateless persons
than the Refugee Convention accords.
3.
Article 17 is as such one of the most important in the Convention, possibly the most
important, since without the right to work all other provisions are practically meaningless.
Paragraph 1 is in its application exactly the same as Article 15. All the elements involved
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were discussed in the comments to that article. For the significance of “in the same
circumstances”, see Article 6.
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E/CONF.17/L.7.
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SR.7, pp. 8-10; SR.9, pp. 9-12.
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In the Refugee Conference, para. 1 was considered by Australia and Canada insufficient to meet the conditions of