TNAG-0975-FCO40-1194-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-in-other--1980 — Page 100

EC/SCP/14 page 5

measures are legally different 1. Despite this interpretation, however, the French authorities do not in practice extradite refugees to their country of origin.

19.

(c)

Article dealing with non-extradition in the Draft Convention on Territorial Asylum

The Draft Convention on Territorial Asylum, which was considered by a Group of Government Experts in 1975, contained an article on "non-extradition" 2/ worded as

follows:

"Article 3. Non-extradition

"No person shall be extradited to a State to the territory of which he may not be returned by virtue of article 2." (i.e., the article of the Draft Convention that states the principle of non-refoulement.

20. The discussions of the group of experts on this draft article are of particular interest from the standpoint of the applicability of the principle of non-refoulement in the context of extradition. The report of the group of experts (A/10177) is therefore reproduced in extenso, viz.

$

78. The discussion on this article involved an exchange of views on various general problems affecting extradition in relation to asylum and non-refoulement. One expert believed that the article might not be necessary, since the matter was already covered by the principle of non-refoulement, and he pointed out that Article 33 of the 1951 Convention used the words in any manner whatsoever' which could be construed as covering extradition.

Another expert inquired whether it might not be possible to include a reforence to extradition in Article 2 of the Draft Convention. It was pointed out, however, that doubts had been expressed regarding the applicability of Article 33 of the 1951 Convention to extradition, which seemed to indicate that an Article like the present one was necessary.

#79. One expert, while recognizing the clear necessity for the article, believed that the mere reference to article 2 of the Convention was not appropriate and that the circumstances in which an asylee could not be extradited should be clearly spelt out and, in this connection, he referred to article 4 of the Caracas Convention on Territorial Asylum.

1/ Opinion of the Paris Chambre d'accusation of 20 December 1978, cf. also Statement by the French Minister of Justice of 5th December 1977. Débats Parlementaires, Sénat, 1977, page 3523.

2/ Prepared by a group of non-governmental experts, which had met in Bellagio/Geneva in 1971/1972.