4.
The Convention does not define “wage-earning employment”. It should be taken in its
broadest sense.
5.
In the Refugee Conference the Australian representative held that persons holding a visa
for a temporary stay (he called them “lawfully living” or “sojourning”) should not be entitled to
engage in wage-earning employment (Article 17 of the Refugee Convention dealing with this right
also refers to refugees “lawfully staying”). This problem was not discussed in detail, but the
President held that it was obviously only fair that refugees temporarily visiting a country for
special reasons and for a specific period should not be accorded the right to engage in wageearning employment to any greater extent than other aliens whose sojourn was governed by
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special conditions were allowed to. This view would also seem to be correct as regards
stateless persons.
6.
See the Comments to Article 11 for the meaning of the expression “shall give
sympathetic consideration”.
Article 18
Self-employment
The Contracting States shall accord to a stateless person lawfully 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 on
his own account in agriculture, industry, handicrafts and commerce and to establish
commercial and industrial companies.
1.
The incorporation of the provisions of Article 18 of the Refugee Convention in this
Convention provoked no debate and met with no opposition in the conference. The proposal was
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adopted by a vote of 13 to none with 2 abstentions. Its purpose and import is thus exactly the
same as of the corresponding article of the Refugee Convention.
2.
The structure of this Article is the same as that of Article 13 (except for the reference to
“lawfully in their territory”). For the meaning of the terms involved, see that article.
A treatment less liberal than in the case of wage-earning employment was provided in the
Refugee Convention because some of the representatives in the Ad Hoc Committee
contended that in their country self-employment was reserved to nationals, that this was a
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serious middle-class problem, etc.
3.
The right to engage in industry and other branches of the economy on the stateless
person’s own account is granted, on the basis of Article 18, on condition of being lawfully in the
country. Thus Article 18 is not applicable to stateless persons residing outside the country where
the self-employed activity is to be exercised; applicable in such cases is Article 7 (1), i.e. stateless
persons not residing in the country in which they want to engage in self-employment or establish
commercial or industrial companies will be permitted to do so only if, under the laws of the
country, aliens in general, residing abroad, are authorized to do so under the same conditions. In
short, the Parties to the Convention are requested to accord treatment more favourable than that
accorded aliens generally, only to refugees “lawfully” in the country concerned.
obligatory employment in a certain branch of economy for a certain period, as stipulated in the schemes of admission of
refugees under IRO auspices (see SR.3, pp. 23-24). It would seem that Art. 17 deals with the right of employment in
general, not with the specific conditions under which a stateless person was admitted. Once he agreed to these
conditions, he could hardly claim that they were superseded by any provision of the Convention (see, i.a., the statement
by Mr. Van Heuven Goedhart in SR.4, p. 4).
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SR.9, pp. 10 and 14.
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SR.7, p. 10.
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SR. 13, para. 54 ff.