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 166 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 167 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 168 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 166 SR.7, p. 15. 167 See the remarks of the Belgian representative in the Ad Hoc Committee in SR. 14, para. 17. 168 E/1618, Comments to Article 19.

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