4.
The Contracting States will give sympathetic consideration to extending to
stateless persons so far as possible the benefits of similar agreements which may at any
time be in force between such Contracting States and non-contracting States.
1.
In the conference a number of states (Sweden, Switzerland, Norway and Denmark)
pointed to their domestic legislation which would not permit them to apply this article to stateless
persons and would require them to enter reservations to the first three paragraphs. Similarly, the
French representative pointed out that, although France made no reservations to the relevant
article in the Refugee Convention, he did not feel that his country would accept it as regards
stateless persons because of the complexity of the local legislation and the requirement of
reciprocity. On the other hand, the Belgian representative stated that the first paragraph of this
article was almost identical with a provision in Convention No. 97 of the ILO (Migration for
Employment Convention) which many states had already ratified.
At the request of the representative of Ecuador a vote was taken on the inclusion of the
article paragraph by paragraph. The vote varied from 12 to 17 for inclusion, none against,
and 6 to 9 abstentions. The inclusion of the whole article was decided by a vote of 17 to
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none, with 6 abstentions.
The provisions of this Article insofar as para. 1 is concerned reproduce as mentioned
Article 6 of the Migration for Employment Convention.
3.
As may be seen from the text, this article covers the whole range of official employment
regulations and social security. It does not, however, apply to agreements between employers
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and employees. In most cases aliens are anyhow treated on the same footing as nationals in
regard to remuneration and other conditions of work because otherwise they would constitute
serious competition to local labour. The same is more or less true of social security also.
However, since there are states which do not provide for the inclusion of foreigners in the social
security system, para. 1 subpara. (b) provides for two limitations which would permit the state to
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deal with stateless persons under special schemes.
The first limitation relates to the lack of obligation by the state of residence of the stateless
person to maintain the rights which he has acquired elsewhere or which he was about to
acquire there. These rights may either be disregarded or recognized in part only. The
second limitation relates to such portions of the social security benefits which are payable
wholly out of public funds (i.e., to which the employee does not contribute) and to
allowances which are paid instead of pensions (i.e., when pensions have not yet been
earned under the law or regulation). In both of these instances the Contracting States are
free to apply in part to stateless persons or not to apply at all the usual laws and
regulations.
4.
Paragraph 2 affects many foreign labourers: generally, if the beneficiaries in fatal
accidents are not permanent residents of the country where the accident occurred, they may not
receive the benefits. To remedy this difficulty, as regards stateless persons, this paragraph
stipulates explicitly that the foreign residence of the beneficiary shall be no reason for refusing
payment. However, paragraph 2 cannot be interpreted as derogating from the existing currency
regulations; in other words, it establishes the right of the foreign beneficiary to the payment but
leaves the decision as to the transferability of these benefits to the regulations in force in the
country concerned.
5.
Paragraphs 3 and 4 are the result of paragraph 1, subpara. (b) (ii): they try to remedy it in
certain instances. Maintenance of “acquired rights” relates to rights to social security benefits
acquired in one country and to be recognized, within the existing accumulation, by another
country: maintenance of “rights in the process of acquisition” refers to a partial accumulation of
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SR.7, p. 15.
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See the remarks of the Belgian representative in the Ad Hoc Committee in SR. 14, para. 17.
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E/1618, Comments to Article 19.