article was the desire of the membership of the Ad Hoc Committee “to produce a more balanced
document” and the “psychological effect” which such a proviso would have on the refugees,
42
making them conscious of the necessity to comply with the requirements of the existing law and
on the countries of reception, which would not be frightened by the prospect of accepting
refugees, since the latter, being obliged to submit to existing legislation, could not represent a
menace to the country.
The expression “measures taken for the maintenance of public order” was introduced to
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meet a French suggestion to restrict the political activity of refugees. The Ad Hoc
Committee did not agree that all such activity ought to be prohibited but felt that, unless the
contrary was explicitly stated, every country was entitled to exercise control over political
activities of foreigners which it considered objectionable. It included the just quoted words
in order to meet the French view at least in part.
3.
Thus Article 2 must be construed to mean that stateless persons not only must conform
to the general laws and regulations of the country of their residence but are also subject to
whatever curbs their reception country may consider necessary to impose on their political activity
in the interest of the country’s “public order”.
“Public order” is the translation of the French “ordre public” which has acquired a particular
meaning in French and is also being used in international documents, for instance, in
Article 29 (2) of the Universal Declaration of Human Rights, the draft Covenant of Human
Rights. It covers everything essential to the life of the country, including its security.
Article 2 does not deal explicitly with the consequences of a breach of the obligations
incumbent upon the stateless persons under Article 2. Amendments introduced in the
Refugee Conference sought to make this article, to some extent at least, a condition for the
exercise of the rights granted under the Convention. However, none of these amendments
was accepted on the theory that when a refugee failed to comply with his obligations under
Article 2 he would be subject to penalties as any other alien and gross violations could lead
(on the basis of Article 32) to expulsion. The same is true of a “stateless person”. Within
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these limitations he continues to enjoy the status of a “stateless person”.
Article 3
Non -discrimination
The Contracting States shall apply the provisions of this Convention to stateless persons
without discrimination as to race, religion or country of origin.
1.
This article repeats the exact wording of Article 3 of the Refugee Convention. The
Yugoslav representative sought to expand the catalogue of non-discrimination by reference to
sex, stating that the reference to the three grounds in the Article may be interpreted as
authorizing discrimination on other grounds. He suggested to reword the article to read “without
discrimination, especially as to race, sex, religion or country of origin”. The President pointed out
that the prohibition of one type of action does not imply that another type was permitted, and
referred to the unsuccessful attempt of the Yugoslav representative to have his proposal adopted
45
in the Refugee Conference. The prevailing view in the conference was that for a practical
consideration (time) they should not engage in rewording the text of the Refugee Convention,
(SR.10, pp. 8-9; SR.11, p. 3 If and SR.12, p. 6) and rejected by a vote of 7 to 3 with 6 abstentions.
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For the attempts to amend Article 2 so as to transform it into a provision relating to "conditions of admission" see the
Belgian amendment (A/CONF.2/10), the Australian proposal (SR.3, p. 21), and the statement by the representatives of
Israel (SR.3, p. 21) and Great Britain (ibid., p. 22) thereto, as well as the French amendment (A/CONF.2/18).
43
Concerning "political activity", see also the French amendment to Article 2, Doc. A/CONF.2/18.
44
For the discussions on this question in the Refugee Convention, see SR.3 and 4.
45
See below.