OFFICE OF THE UNITED NATIONS
HIGH COMMISSIONER FOR HUMAN RIGHTS
The International Convention
on Migrant Workers
and its Committee
Fact Sheet No. 24 (Rev.1)
UNITED NATIONS
New York and Geneva, 2005

NOTE
The designations employed and the presentation of the material in this publication do not
imply the expression of any opinion whatsoever on the part of the Secretariat of the
United Nations concerning the legal status of any country, territory, city or area, or of its
authorities, or concerning the delimitation of its frontiers or boundaries.
*
* *
Material contained in this publication may be freely quoted or reprinted, provided credit
is given and a copy of the publication containing the reprinted material is sent to the
Office of the United Nations High Commissioner for Human Rights, Palais des Nations,
8-14 avenue de la Paix, CH-1211 Geneva 10, Switzerland.
iii
CONTENTS
Page
Introduction.........................................................................................................................1
I. DRAFTING HISTORY OF THE CONVENTION.................................................2
II. STRUCTURE AND SCOPE OF THE CONVENTION .........................................4
A. Scope and definitions ...............................................................................................4
B. The principle of non-discrimination ........................................................................5
C. Human rights of all migrants ...................................................................................5
D. Other rights of migrant workers and members of their families who are
documented or in a regular situation........................................................................7
III. THE COMMITTEE ON MIGRANT WORKERS................................................10
IV. THE CONVENTION IN THE CONTEXT OF OTHER INTERNATIONAL
INSTRUMENTS................................................................................................................12
V. RECENT DEVELOPMENTS ...............................................................................15
Useful addresses.................................................................................................................17
Annexes
I. International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families.........................................................................................19
II. States that have signed, ratified or acceded to the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families...........59
“[I]t is time to take a more comprehensive look at the various dimensions of the
migration issue, which now involves hundreds of millions of people and affects
countries of origin, transit and destination. We need to understand better the causes
of international flows of people and their complex interrelationship with
development” (Strengthening of the United Nations: an agenda for further change,
Report of the Secretary-General, A/57/387, para. 39)

1
Introduction
On 1 July 2003, the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families entered into force. By 1 October 2005,
33 States had ratified it or acceded to it.1
The Convention is a comprehensive international treaty focusing on the protection of
migrant workers’ rights. It emphasizes the link between migration and human rights—a
policy topic that is drawing increasing attention worldwide.
The Convention opens a new chapter in the history of determining the rights of migrant
workers and ensuring that those rights are protected and respected. It incorporates the
results of over 30 years of discussion, including United Nations human rights studies,
conclusions and recommendations of meetings of experts, and debates and resolutions in
the United Nations on migrant workers.
Like all other international human rights instruments, the Convention sets standards for
the laws and the judicial and administrative procedures of individual States. Governments
of States that ratify or accede to the Convention undertake to apply its provisions by
adopting the necessary measures. They also undertake to ensure that migrant workers
whose rights have been violated may seek an effective remedy.
This fact sheet provides information on:
• The drafting history of the Convention
• Its structure and main features and provisions
• The Committee established to monitor its application
• How the Convention relates to other international instruments
• Recent developments and initiatives to promote and defend the rights of migrant
workers
1 Algeria, Azerbaijan, Belize, Bolivia, Bosnia and Herzegovina, Burkina Faso, Cape Verde, Chile,
Colombia, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Honduras, Kyrgyzstan, Lesotho,
Libyan Arab Jamahiriya, Mali, Mexico, Morocco, Peru, Philippines, Senegal, Seychelles, Sri Lanka, Syrian
Arab Republic, Tajikistan, Timor-Leste, Turkey, Uganda and Uruguay (see annex II).
2
I. DRAFTING HISTORY OF THE CONVENTION
The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families is the culmination of many years of discussions, reports and
recommendations on the subject of migrants’ rights. The United Nations first voiced
concern about the rights of migrant workers in 1972, when the Economic and Social
Council, in its resolution 1706 (LIII), expressed alarm at the illegal transportation of
labour to some European countries and at the exploitation of workers from some African
countries “in conditions akin to slavery and forced labour.” In the same year, the General
Assembly, in its resolution 2920 (XXVII), condemned discrimination against foreign
workers and called upon Governments to end such practices and to improve reception
arrangements for migrant workers.
Following a request from the Economic and Social Council in 1973, the Sub-Commission
on Prevention of Discrimination and Protection of Minorities adopted a report on the
exploitation of labour through illicit and clandestine trafficking in 1976. The report,
drafted by its Special Rapporteur, Mrs. Halima Warzazi, recognized that there were two
aspects to the problem, namely illicit and clandestine operations, on the one hand, and
discriminatory treatment of migrant workers in host States, on the other, and
recommended the drawing-up of a United Nations convention on the rights of migrant
workers. This recommendation was echoed at the World Conference to Combat Racism
and Racial Discrimination2 in Geneva in 1978 and in General Assembly resolution
33/163 on measures to improve the situation and ensure the human rights and dignity of
all migrant workers.
Following the adoption of resolution 34/172 of 17 December 1979 by the General
Assembly, a working group open to all Member States was established in 1980 to draw
up a convention, and the international organs and organizations concerned—the
Commission on Human Rights, the Commission for Social Development, the
International Labour Organization, the United Nations Educational, Scientific and
Cultural Organization, and the World Health Organization—were invited to contribute to
the task. Reconstituted at successive annual sessions of the General Assembly, the
working group finished drafting the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families in 1990.
On 18 December 1990 the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families was adopted by
the General Assembly without a vote and opened for signature by all Member
States of the United Nations.
2 See Report of the World Conference to Combat Racism and Racial Discrimination, Geneva, 14-25 August
1978 (United Nations publication, Sales No.E.79.XIV.2).
3
Migrants’ Rights are Human Rights: The Global Campaign for Ratification of
the United Nations International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families
The Steering Committee of the Global Campaign for Ratification of the United Nations
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families was first convened in 1998. It is a unique alliance involving
the United Nations Secretariat, intergovernmental agencies and leading international
human rights, church, labour, migrant and women’s organizations.*
The Steering Committee has coordinated international and national activities to publicize
the Convention and raise awareness about it through its Global Campaign. Its main
purpose is to promote the ratification of, or accession to, the Convention by a large
number of States, and the incorporation of the Convention’s standards into national laws
and practices.
Its work has led to a sharp increase in the number of ratifications and signatures. For
example, before 1998 only 9 States had ratified the Convention, while from 1998 to 2004
another 18 did.
Campaigning for ratification goes hand in hand with raising awareness of the situation of
migrants in society and the often sensitive political issues involved. The Global
Campaign strives to achieve endorsement of the Convention from a broad cross-section
of society, including public officials, political parties, trade unions, religious groups,
women’s organizations and so on. Only through the work of hundreds of organizations
and people at the local level is the Global Campaign able to achieve such success.
* Its members are: December 18, Human Rights Watch, International Catholic Migration Commission,
International Confederation of Free Trade Unions, International Labour Office, International Organization
for Migration, Migrant Forum in Asia, Migrants Rights International, Office of the United Nations High
Commissioner for Human Rights (OHCHR), Public Services International, United Nations Educational,
Scientific and Cultural Organization, Women’s International League for Peace and Freedom, and World
Council of Churches.
4
II. STRUCTURE AND SCOPE OF THE CONVENTION
The entry into force of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families reinforces and complements a series of
other provisions under the main United Nations human rights treaties (see chap. IV
below).
The Convention seeks to establish minimum standards that States parties should apply to
migrant workers and members of their families, irrespective of their migratory status. The
rationale behind the recognition of rights of undocumented migrant workers is also
reaffirmed in the preamble, in which the States parties consider, inter alia, that irregular
migrants are frequently exploited and face serious human rights violations and that
appropriate action should be encouraged to prevent and eliminate clandestine movements
and trafficking in migrant workers while at the same time ensuring the protection of their
human rights.
The International Convention consists of nine parts:
- Scope and definitions
- Non-discrimination with respect to rights
- Human rights of all migrants
- Other rights of migrants who are documented or in a regular situation
- Provisions applicable to particular categories of migrants
- The promotion of sound, equitable, humane and lawful conditions in connection
with international migration
- Application of the Convention
- General provisions
- Final provisions
A. Scope and definitions
Part I of the Convention contains the most comprehensive definition of migrant workers
found in any international instrument concerned with migrants. Article 2 (1) defines a
migrant worker as “a person who is to be engaged, is engaged or has been engaged in a
remunerated activity in a State of which he or she is not a national.”3
Article 4 defines which persons constitute the members of the migrant worker’s family as
“persons married to migrant workers or having with them a relationship that, according to
applicable law, produces effects equivalent to marriage, as well as their dependent
children and other dependent persons who are recognized as members of the family by
3 Article 3 lists the persons excluded from this definition, namely employees of international organizations,
Government officials, persons sent or employed by a State or on its behalf outside its territory who
participate in development programmes and other cooperation programmes, investors, refugees and
stateless persons, students and trainees, non-national non-resident seafarers and workers on an offshore
installation.
5
applicable legislation or applicable bilateral or multilateral agreements between the States
concerned.”
Furthermore, article 5 specifies that migrant workers are considered to be documented or
in a regular situation “if they are authorized to enter, to stay and to engage in a
remunerated activity in the State of employment pursuant to the law of that State and to
international agreements to which that State is a party”. Otherwise, they are considered to
be non-documented or in an irregular situation.
Finally, in part V, the Convention innovates by defining the rights which apply to certain
categories of migrant workers and their families, including frontier workers, seasonal
workers, itinerant workers, migrants employed for a specific project and self-employed
workers.
B. The principle of non-discrimination
Article 7 of the Convention provides that States parties should respect and ensure the
rights contained in the Convention without distinction of any kind such as sex, race,
colour, language, religion or conviction, political or other opinion, national, ethnic or
social origin, nationality, age, economic position, property, marital status, birth or other
status. Article 1 also states that the Convention applies to all migrant workers and
members of their families without distinction of any kind. Although the enumeration of
the prohibited grounds of distinction is illustrative and not exhaustive, it is worth noting
that the list in the Convention is broader than those found in other human rights
conventions, such as the International Covenant on Economic, Social and Cultural Rights
and the International Covenant on Civil and Political Rights.
C. Human rights of all migrants
Part III of the Convention (arts. 8 to 35) grants a fairly broad series of rights to all
migrant workers and members of their families, irrespective of their migratory status.
Many of these articles specify the application to migrant workers of rights spelled out in
the International Covenants on Civil and Political Rights4 and on Economic, Social and
Cultural Rights5 and the other core human rights treaties. The Convention also includes a
number of rights addressing specific protection needs and providing additional guarantees
in the light of the particular vulnerability of migrant workers and members of their
families. This section focuses on these provisions.
4 See, for instance, the Convention’s provisions on the right to life (art. 9), the prohibition of torture
(art. 10), the prohibition of slavery and forced labour (art. 11), the right to liberty and security of person and
to procedural guarantees (arts. 16–19 and 24), the right to freedom of opinion, expression, thought,
conscience and religion (arts. 12–13), prohibition of arbitrary interference with privacy, home
correspondence and other communications and prohibition of arbitrary deprivation of property (arts. 14–
15).
5 For instance, the right to just and favourable conditions of work and to rest and leisure (art. 25), the right
to social security (art. 27) and the right to education (art. 30).
6
Article 15, for instance, protects migrant workers from the arbitrary deprivation of
property, while article 21 contains safeguards against confiscation, destruction or
attempts to destroy identity documents, documents authorizing entry to or stay, residence
or establishment in the national territory or work permits and prohibits the destruction of
the passport or equivalent document of a migrant worker or a member of his or her
family.
Also specific to the particular situation of migrant workers is article 22, which provides,
inter alia, that migrant workers and members of their families shall not be subject to
measures of collective expulsion and that they may be expelled from the territory of a
State party only in pursuance of a decision taken by the competent authority in
accordance with the law. Furthermore, article 20 (2) provides that no migrant worker or
member of his/her family shall be expelled or deprived of his authorization of residence
or work permit merely on the ground of failure to fulfil an obligation arising out of a
work contract unless fulfilment of that obligation constitutes a condition for such
authorization or permit.
Article 23 spells out the right of migrant workers and members of their families to have
recourse to the protection and assistance of the consular or diplomatic authorities of their
State of origin whenever the rights recognized under the Convention are impaired.
Similarly, article 16 (7) gives arrested or detained migrant workers and members of their
families the right to communicate with the consular or diplomatic authorities of their
State of origin.
Migrant workers are frequently excluded from the scope of regulations covering working
conditions and often denied the right to take part in trade union activities. Article 25 of
the Convention establishes that migrant workers shall enjoy treatment not less favourable
than that which applies to nationals of the State of employment in respect of
remuneration and other conditions of work and terms of employment. Article 26
recognizes the right to take part in meetings and activities of trade unions and freely join
them.
The living conditions of migrant workers are also often unsatisfactory. They face serious
housing problems and, although they contribute to social security schemes, they and their
families do not always enjoy the same benefits and access to social services as nationals
of the host State. Article 27 of the Convention stipulates that, with respect to social
security, migrant workers and members of their families shall enjoy the same treatment
granted to nationals in so far as they fulfil the requirements provided for by the applicable
legislation of that State and the applicable bilateral and multilateral treaties.
Article 28 grants migrant workers and members of their families the right to receive any
medical care that is urgently required for the preservation of their life or avoidance of
irreparable harm to their health on the basis of equality of treatment with nationals of the
State concerned. It is important to stress that such emergency medical care shall not be
refused by reason of any irregularity with regard to their stay or employment.
7
Article 30 establishes that each child of a migrant worker shall have the basic right of
access to education on the basis of equality of treatment with nationals of the State
concerned. Furthermore, access to public preschool educational institutions or schools
shall not be refused or limited by reason of the irregular situation with respect to stay or
employment of either parent or by reason of the irregularity of the child’s stay in the State
of employment.
Article 31 of the Convention requests States parties to ensure respect for the cultural
identity of migrant workers and members of their families and not to prevent them from
maintaining their cultural links with their State of origin.
Article 32 provides that, upon termination of their stay in the State of employment,
migrant workers and members of their families shall have the right to transfer their
earnings and savings as well as their personal effects and belongings.
Finally, according to article 33, migrant workers and members of their families shall have
the right to be informed of their rights arising out of the Convention as well as of the
conditions of their admission and their rights and obligations under the law and practice
of the State concerned. These obligations are placed on the State of origin, the State of
employment or the State of transit as the case may be. State parties shall take appropriate
measures to disseminate the said information, which shall be provided free of charge and,
as far as possible, in a language that the migrants and their families are able to
understand.
The last article of this section, article 35, deserves particular mention. It states that
“nothing in the present part of the Convention shall be interpreted as implying the
regularization of the situation of migrant workers or members of their families who are
non-documented or in an irregular situation or any right to such regularization of their
situation, nor shall it prejudice the measures intended to ensure sound and equitable
conditions for international migration as provided in part VI of the present Convention.”
The box at the end of this chapter looks at this question in more detail.
D. Other rights of migrant workers and members of their families who are
documented or in a regular situation
The Convention assigns additional rights to migrant workers and members of their
families who are documented or in a regular situation.
These rights include the right to be fully informed by their States of origin and
employment about conditions applicable to their admission and concerning their stay and
the remunerated activities they may engage in (art. 37), the right to freely move in the
territory of the State of employment and freely choose their residence there (art. 39), the
8
right to form associations and trade unions (art. 40),6 and to participate in public affairs of
their State of origin, including voting and election (art. 41).
Furthermore, documented migrant workers and members of their families enjoy the same
opportunities and treatment as nationals in relation to various economic and social
services (arts. 43 and 45), in the exercise of their remunerated activity (art. 55), in the
choice of their remunerated activity (subject to some restrictions and conditions) (art. 52)
and in respect of protection against dismissal and the enjoyment of unemployment
benefits (art. 54).
An important guarantee for regular or documented migrant workers is contained in
article 49. It stipulates that, where separate authorizations to reside and to engage in
employment are required by national legislation, the States of employment shall issue to
migrant workers authorization of residence for at least the same period of time as their
authorization to engage in remunerated activity. Moreover, article 51 says that migrant
workers who are not permitted freely to choose their remunerated activity shall neither be
regarded as in an irregular situation nor shall they lose their authorization of residence by
the mere fact of the termination of their remunerated activity prior to the expiration of
their work permit, except where the authorization of residence is expressly dependent
upon the specific remunerated activity for which they were admitted.
Migrant workers and members of their families in a regular status also enjoy exemption
from import and export taxes on their household and personal effects (art. 46) and shall
not be liable to more onerous taxation than nationals in similar circumstances (art. 48).
Article 47 provides that migrant workers shall have the right to transfer their earnings and
savings, in particular those funds necessary for the support of their families, from the
State of employment to their State of origin or any other State.
While the Convention does not expressly speak of a right to family reunification, States
parties are encouraged to facilitate family reunification and to protect the unity of the
family (art. 44). Article 50 provides that, in the case of death of a migrant worker or
dissolution of marriage, the State of employment shall favourably consider granting
family members of that migrant worker residing in that State on the basis of family
reunion an authorization to stay, taking into due account the length of time they have
already resided in that State. Finally, documented migrant workers and members of their
families enjoy additional guarantees against expulsion (art. 56).
6 Under the Convention, undocumented migrant workers may join existing trade unions and take part in
their meetings and activities (art. 26).
9
Promotion of sound, equitable, humane and lawful conditions in connection with
international migration of workers and members of their families
One of the most interesting features of the Convention is that, besides establishing the
obligation of States parties with respect to migrant workers as individuals, it also
provides a framework, in part VI, for sound, equitable and humane conditions for
international migration.
Thus, States parties shall maintain appropriate services to deal with questions about
international migration of workers and members of their families and formulate and
implement policies on migration, exchange information with other States parties, provide
information to employers and workers on policies, laws and regulations, and provide
information and appropriate assistance to migrant workers and members of their families
(art. 65).
To protect migrants from abuse, article 66 restricts the recruitment operations of workers
for employment in another State to public services, State bodies or authorized private
agencies. Article 67 provides that States parties should cooperate as appropriate in the
adoption of measures for the orderly return of migrant workers to their State of origin.
Article 68 is particularly relevant for the prevention and elimination of trafficking in
persons and smuggling of migrants. In fact, article 68 invites States parties to collaborate
with a view to preventing and eliminating illegal or clandestine movements and
employment of migrant workers in an irregular situation. The measures States parties
should take include: (a) measures against the dissemination of misleading information
relating to emigration and immigration; (b) measures to detect and eradicate illegal or
clandestine movements of migrant workers and members of their families and to impose
effective sanctions on persons, groups or entities that organize, operate and assist in
organizing or operating such movements; (c) measures to impose effective sanctions on
persons, groups or entities that use violence, threats or intimidation against migrant
workers or members of their families in an irregular situation.
The second paragraph of article 68 provides that States of employment shall take all
adequate measures to eliminate employment of migrant workers in an irregular situation,
including, whenever appropriate, sanctions on employers of such workers. This provision
shall be read in conjunction with the provisions contained in article 35 (see p. XXX) and
article 69 (1), which provides that “States parties shall, when there are migrant workers
and members of their families within their territory in an irregular situation, take
appropriate measures to ensure that such a situation does not persist.” Article 69 (2)
further stipulates that “whenever States parties concerned consider the possibility of
regularizing the situation of such persons in accordance with applicable national
legislation and bilateral or multilateral agreements, appropriate account shall be taken of
the circumstances of their entry, the duration of their stay in the States of employment
and other relevant considerations, in particular those relating to their family situation.”
10
III. THE COMMITTEE ON MIGRANT WORKERS
The implementation of the Convention rests with its States parties. Article 72 provides
that this process is monitored by a committee—the Committee on the Protection of the
Rights of All Migrant Workers and Members of Their Families—consisting of 10 experts
to be elected by the States parties and serving in their personal capacity, the number
rising to 14 when 41 States will have become parties to the Convention.
Members of the Committee are elected by States parties by secret ballot, with due regard
to fair geographical distribution, including both States of origin and States of
employment of migrant workers, and to representation of the world’s main legal systems.
Members serve in their personal capacity for a term of four years.7
States parties accept the obligation under article 73 to report on the steps they have taken
to implement the Convention within one year of its entry into force for the State
concerned, and thereafter every five years. The reports also are expected to indicate
problems encountered in implementing the Convention, and to provide information on
migration flows. After examining the reports, the Committee will transmit such
comments as it may consider appropriate to the State party concerned.
Close cooperation between the Committee and international agencies, in particular the
International Labour Office, is foreseen in the Convention (art. 74 (2) and (5)). For
instance, the Committee shall invite the Office to appoint representatives to participate, in
a consultative capacity, in its meetings, and shall consider in its deliberations such
comments and materials as the Office may provide.
Under article 77, a State party may make a declaration recognizing the competence of the
Committee to receive and consider communications from or on behalf of individuals
within that State’s jurisdiction who claim that their rights under the Convention have
been violated. Such communications may be received only if they concern a State party
which has so recognized the competence of the Committee. If the Committee is satisfied
that the matter has not been, and is not being, examined by another procedure of
international investigation or settlement, and that all domestic remedies have been
exhausted, it may request written explanations and express its views after having
considered all the available information. The individual communication procedure
requires 10 declarations by States parties to enter into force. By 1 October 2005, no
declaration of acceptance of article 77 had been made.8
7 Current membership: Mr. Francisco Alba (Mexico); Mr. José Serrano Brillantes (Philippines);
Mr. Francisco Carrión-Mena (Ecuador); Ms. Ana Elizabeth Cubias Medina (El Salvador); Ms. Anamaría
Dieguez (Guatemala); Mr. Ahmed Hassan El-Borai (Egypt); Mr. Abdelhamid El Jamri (Morocco);
Mr. Arthur Shatto Gakwandi (Uganda); Mr. Prasad Kariyawasam (Sri Lanka); Mr. Azad Taghizade
(Azerbaijan). Mr. Prasad Kariyawasam was elected Chairman of the Committee at its first session in March
2004. The terms of five of these members expire on 31 December 2005. The States parties will meet on
8 December 2005 to elect candidates to fill these vacancies.
8 Article 76 of the Convention also provides for an inter-State communication procedure according to
which a State party to the Convention may at any time declare that “it recognizes the competence of the
Committee to receive and consider communications to the effect that a State party claims that another State
11
In March 2004, the Committee on Migrant Workers held its inaugural session, during
which it adopted its provisional rules of procedure. In October 2004, the Committee held
informal meetings to develop guidelines for the preparation of States parties’ initial
reports. It formally adopted these guidelines at its second session, in April 2005. At this
session, the Committee also discussed its working methods for the examination of States
parties’ reports.
The human rights treaty-body system and proposals for its reform
The seven core human rights instruments (see chap. IV below) all establish reporting
obligations for States parties.* This entails a sometimes heavy reporting burden on States
that are a party to all or most instruments. In 2002, the Secretary-General called for
reform of the treaty-body system. As a result, the Office of the United Nations High
Commissioner for Human Rights has held consultations with treaty bodies, with States
parties and with other stakeholders to chart a path towards a more efficient and effective
treaty-body system.
In June 2004, the inter-committee meeting and the meeting of chairpersons approved
further consultations to encourage the use of an expanded core document by States
parties with information on the legal framework within the State as well as on the
implementation of substantive human rights provisions which are congruent between two
or more treaties. This expanded core document would then be complemented with
concise reports focusing on treaty-specific issues. It was agreed that States wishing to use
such an approach in their reporting to treaty bodies could do so. Further improvements to
the methods of work and practices of all treaty bodies can be expected in the coming
years.
In her plan of action,9 the High Commissioner for Human Rights indicated that some
means must be found to consolidate the work of the seven treaty bodies and to create a
unified standing treaty body. She intended to submit options for treaty body reform at an
intergovernmental meeting in 2006.
The Committee on Migrant Workers is closely following developments in this respect
and encourages the facilitation of reporting and the harmonization of treaty-body working
methods. Its reporting guidelines refer to the possibility of using an expanded core
document and treaty-specific report.
* For general information about the United Nations human rights treaty system, see Fact Sheet No. 30.
party is not fulfilling its obligations under the Convention”. No declarations under this article have been
received as yet.
9 A/59/2005/Add.3, para. 99.
12
IV. THE CONVENTION IN THE CONTEXT OF
OTHER INTERNATIONAL INSTRUMENTS
The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families is the most comprehensive international treaty dealing with
the rights of migrant workers. Other international instruments, however, also impact on
the rights of migrant workers or deal with issues that are especially important to them.10
The Convention is the latest of the seven so-called core international human rights
treaties, which together form the United Nations human rights treaty system. The other
six are the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the
Elimination of All Forms of Discrimination against Women, and the Convention on the
Rights of the Child. Most of the rights contained in these treaties also apply to noncitizens
and thus provide a basic protection of migrant workers and their families against
discrimination and other violations of their fundamental human rights. For more
information about the specific treaties, see the relevant fact sheets (all the fact sheets
published by OHCHR are listed on p. XXX).
During the examination of reports from States parties, members of treaty-monitoring
bodies regularly raise concerns about issues related to migrant workers that fall within the
framework of their specific treaty.11 The treaty bodies have raised the issue of migrant
workers also in their general comments on thematic issues. Of particular relevance is
general comment No. 15 of the Human Rights Committee (“The position of aliens under
the Covenant”), adopted in April 1986, in which the Committee makes clear that there
shall be no discrimination between aliens and citizens in the application of the human
rights contained in the International Covenant on Civil and Political Rights. In August
2004, the Committee on the Elimination of Racial Discrimination adopted its general
recommendation No. 30 (“Discrimination against non-citizens”), in which it makes
specific recommendations to States parties in order to eliminate discrimination against
non-citizens. It recommends inter alia that States should adopt measures to ensure “that
public educational institutions are open to non-citizens and children of undocumented
immigrants residing in the territory of a State party”, to “eliminate discrimination against
non-citizens in relation to working conditions and work requirements” and to “prevent
and redress the serious problems commonly faced by non-citizen workers, in particular
by non-citizen domestic workers, including debt bondage, passport retention, illegal
confinement, rape and physical assault”. The Committee further clarifies that “all
individuals are entitled to the enjoyment of labour and employment rights, including the
10 OHCHR has dedicated a web page to migration and human rights:
http://www.ohchr.org/english/issues/migration/taskforce/index.htm.
11 See the study by December 18 and the International Catholic Migration Commission: The UN Treaty
Monitoring Bodies and Migrant Workers: a Samizdat, November 2004,
http://www.december18.net/web/docpapers/doc1940.doc.
13
freedom of assembly and association, once an employment relationship has been initiated
until it is terminated”.
In addition, the International Labour Organization’s conventions set internationally
recognized labour standards and are thus of importance to all workers, including
migrants. Two are particularly relevant to migrant workers: the Migration for
Employment Convention (Revised), 1949 (No. 97), which is based on the principle of
equal treatment of nationals and regular migrant workers in labour-related areas; and the
Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which aims
to eliminate illegal migration and illegal employment and sets requirements for the
respect of rights of migrants with an irregular status, while providing for measures to end
clandestine trafficking and to penalize employers of irregular migrants.
Other international instruments of direct importance to migrants are the Palermo
Protocols.12 They require States parties to criminalize acts of trafficking and smuggling,
and establish a framework for international cooperation.
Besides general international conventions, regional conventions, which apply only to
States in certain regions of the world, can also be relevant to migrant workers. Regional
human rights instruments, such as the European Convention for the Protection of Human
Rights and Fundamental Freedoms, the African Charter on Human and Peoples’ Rights
and the American Convention on Human Rights, all contain rights which are beneficial to
migrant workers in countries which have accepted to respect these rights.13
An important development in this respect is the advisory opinion that the Inter-American
Court of Human Rights issued at the request of Mexico on the legal status and rights of
undocumented migrants.14 In its opinion, the Court states that the fundamental principle
of equality and non-discrimination is of a peremptory nature and binds all States
regardless of any circumstance or consideration such as the migratory status of a person.
The Court concludes that the State thus has the obligation to respect and guarantee the
labour human rights of all workers, including those of undocumented migrant workers.
The Court clarifies that “the migratory status of a person cannot constitute a justification
to deprive him of the enjoyment and exercise of human rights, including those of a
labour-related nature” and that “States may not subordinate or condition observance of
the principle of equality before the law and non-discrimination to achieving their public
policy goals, whatever these may be, including those of a migratory character”.
12 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and
the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations
Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of 15
November 2000.
13 See also the European Convention on the Legal Status of Migrant Workers, which applies however only
to the citizens of the eight States parties.
14 Inter-American Court of Human Rights, Advisory Opinion OC-18/03 on the juridical condition and
rights of undocumented migrants, 17 September 2003.
14
The Special Rapporteur on the human rights of migrants
The mandate of the Special Rapporteur on the human rights of migrants was created in 1999
by the United Nations Commission on Human Rights (resolution 1999/44).
The Commission requested the Special Rapporteur to “examine ways and means to overcome
the obstacles existing to the full and effective protection of the human rights of [migrants],
including obstacles and difficulties for the return of migrants who are non-documented or in
an irregular situation”. On 6 August 1999, Ms. Gabriela Rodríguez Pizarro (Costa Rica) was
appointed as Special Rapporteur. The Commission on Human Rights extended her mandate
for a further three years in 2002 (resolution 2000/62).
The Special Rapporteur requests and receives information from migrants and members of
their families on violations of their human rights; issues recommendations to prevent and
correct such violations; promotes the effective application of relevant international legal
instruments; recommends policies applicable at the national, regional and international levels
to eliminate human rights violations of migrants; and records and recommends measures to
stop multiple discrimination and violence against migrant women.
Every year the Special Rapporteur reports to the Commission on Human Rights about the
global state of protection of migrants’ human rights, her main concerns and the good
practices she has observed. In her report the Special Rapporteur informs the Commission of
all the communications she has sent and the replies received from Governments. At the
request of the Commission on Human Rights, the Special Rapporteur may also present
reports to the General Assembly.
Some important issues treated by the Special Rapporteur in her reports have been: the
situation of women migrant workers and violence against them, unaccompanied minors and
irregular migration (E/CN.4/2002/94), the deprivation of liberty in the context of migration
management (E/CN.4/2003/85), the human rights of migrant domestic workers
(E/CN.4/2004/76), and racism and discrimination against migrants (E/CN.4/2005/85).
The Special Rapporteur conducts country visits at the invitation of the Government to
examine the state of protection of the human rights of migrants in the given country. The
following reports on country visits containing the Special Rapporteur’s findings, conclusions
and recommendations are available:
Canada (E/CN.4/2001/83/Add.1), Ecuador (E/CN.4/2002/94/Add.1), Philippines
(E/CN.4/2003/85/Add.4), Mexico (E/CN.4/2003/85/Add.2), the border between Mexico and
the United States of America (E/CN.4/2003/85/Add.3), Spain (E/CN.4/2004/76/Add.2),
Morocco (E/CN.4/2004/76/Add.3), Islamic Republic of Iran (E/CN.4/2005/85/Add.2), Italy
(E/CN.4/2005/85/Add.3) and Peru (E/CN.4/2005/85/Add.4).
In 2005 the Commission again extended the mandate of the Special Rapporteur (resolution
2005/47), which Mr. Jorge A. Bustamante (Mexico) has held since August 2005.
For more information, see also: www.ohchr.org/english/issues/migration/rapporteur.
15
V. RECENT DEVELOPMENTS
International migration is by its nature a phenomenon that is always changing, always
adapting to the economic and social realities. Managing this migration in full respect of
migrants’ rights is challenging. Several initiatives have been developed to assist States
and international organizations in this task and the growing interest of the international
community is reflected in an increasing number of activities and events.
International migration is a priority issue for the United Nations, as the Secretary-
General, Mr. Kofi Annan, has emphasized.15 To provide a framework for the formulation
of a coherent, comprehensive and global response to migration issues, the Global
Commission on International Migration, the first-ever global panel addressing
international migration, was launched by the United Nations Secretary-General and a
number of Governments on 9 December 2003 in Geneva. Its mandate is, on the one hand,
to place international migration on the global agenda and analyse deficiencies in current
policy approaches to it and, on the other, to present recommendations to the United
Nations Secretary-General and other stakeholders on how to strengthen national, regional
and global governance of international migration. Thus, the final report from its
independent commissioners is likely to put forward a series of strategic options together
with a set of possible steps for consideration by the Secretary-General and other
stakeholders. The Commission also publishes research papers, background studies and
other relevant materials.
Its report will likely have an impact on the high-level dialogue on international migration
and development which the United Nations General Assembly will hold during its
session in 2006.16 The purpose of this dialogue is to discuss the multidimensional aspects
of international migration and development in order to identify appropriate ways and
means to maximize its development benefits and minimize its negative impacts. The
dialogue will have a strong focus on policy issues, including the challenge of achieving
the internationally agreed development goals. In this context, the General Assembly has
noted that the widening economic and social gap between and among many countries and
the marginalization of some countries in the global economy have contributed to the
intensification of the complex phenomenon of international migration. The General
Assembly, therefore, considers that there is a need to strengthen international cooperation
on migration and to ensure that the human rights and dignity of all migrants and their
families, in particular of women migrant workers, are respected and protected.
Heads of State and Government gathered at United Nations Headquarters in New York
from 14 to 16 September 2005 for the 2005 World Summit. At the end of the World
Summit, the General Assembly adopted a resolution in which the Heads of State and
Government reaffirmed, among other things, their “resolve to take measures to ensure
respect for and protection of the human rights of migrants, migrant workers and members
of their families.”
15 See his report on the strengthening of the United Nations: an agenda for further change (A/57/387).
16 See its resolution 58/208 of 23 December 2003 on international migration and development.
16
Another important development took place at the 92nd session of the International Labour
Conference in June 2004, during which it adopted a plan of action for migrant workers
that calls inter alia for the development of a non-binding multilateral framework for a
rights-based approach to labour migration.17 The plan of action is designed to ensure that
migrant workers are covered by the provisions of international labour standards, while
benefiting from applicable national labour and social laws.
Furthermore, a number of regional intergovernmental forums have been established to
discuss migration-related issues and promote cooperation.18 At the global level, the Berne
Initiative constitutes a forum for intergovernmental cooperation in migration
management. Its International Agenda for Migration Management is meant to give
guidance to States in managing migration in full compliance with international standards,
including those of human rights.19 It represents the views of States throughout the world
and offers a reference system for dialogue, cooperation and capacity-building at the
national, regional and global level.
Finally, it is important to stress the pivotal role that civil society plays in drawing
attention to the rights of migrant workers and their families. The International NGO
Platform for the Migrant Workers’ Convention coordinates NGO initiatives to raise
awareness of the rights of migrants and to facilitate the promotion, implementation and
monitoring of the Convention.
17 See its resolution concerning a fair deal for migrant workers in a global economy.
18 For instance, the Migration Dialogue for Southern Africa; the Migration Dialogue for West Africa; the
Regional Conference on Migration or Puebla Process; the South American Conference on Migration or
Lima Process; the Budapest Group and the Conference of the Commonwealth of Independent States; the 5
+ 5 Dialogue on Migration in the Western Mediterranean; the Manila Process; the Inter-Governmental
Asia-Pacific Consultations on Refugees, Displaced Persons and Migrants; the Regional Ministerial
Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime or Bali Process;
and the Inter-Governmental Consultation on Asylum, Refugee, and Migration Policies in Europe, North
America, and Australia.
19 See the website of the Swiss Federal Office for Migration, www.asyl.admin.ch.
17
Useful addresses
Global Commission on International Migration, Rue Richard Wagner 1, CH–1202
Geneva, Switzerland
Website: http://www.gcim.org
International Labour Organization, Route des Morillons 4, CH–1211 Geneva 22,
Switzerland
Website: http://www.ilo.org
International Organization for Migration, Route de Morillons 17, CH–1211 Geneva 19,
Switzerland
Website: http://www.iom.int
International Platform on the Migrant Workers’ Convention, PO Box 22, B–9820
Merelbeke, Belgium
Website: http://www.december18.net
United Nations Conference on Trade and Development, Palais des Nations, Av. de la
Paix 8–14, CH–1211 Geneva 10, Switzerland
Website: http://www.unctad.org
United Nations Educational, Scientific and Cultural Organization, 7 Place de Fontenoy,
F–75352 Paris 07 SP, France
Website: http://www.unesco.org
United Nations High Commissioner for Refugees, PO Box 2500, CH–1211 Geneva 2,
Switzerland
Website: http://www.unhcr.ch
United Nations Office on Drugs and Crime, Vienna International Centre, PO Box 500,
A–1400 Vienna, Austria
Website: http://www.unodc.org
18
19
Annex I
International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families
Adopted by General Assembly resolution 45/158 of 18 December 1990
PREAMBLE
The States Parties to the present Convention,
Taking into account the principles embodied in the basic instruments of the United
Nations concerning human rights, in particular the Universal Declaration of Human
Rights, the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of
All Forms of Discrimination against Women and the Convention on the Rights of the
Child,
Taking into account also the principles and standards set forth in the relevant instruments
elaborated within the framework of the International Labour Organisation, especially the
Convention concerning Migration for Employment (No. 97), the Convention concerning
Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and
Treatment of Migrant Workers (No.143), the Recommendation concerning Migration for
Employment (No. 86), the Recommendation concerning Migrant Workers (No.151), the
Convention concerning Forced or Compulsory Labour (No. 29) and the Convention
concerning Abolition of Forced Labour (No. 105),
Reaffirming the importance of the principles contained in the Convention against
Discrimination in Education of the United Nations Educational, Scientific and Cultural
Organization,
Recalling the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Declaration of the Fourth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, the Code of Conduct for Law
Enforcement Officials, and the Slavery Conventions,
Recalling that one of the objectives of the International Labour Organisation, as stated in
its Constitution, is the protection of the interests of workers when employed in countries
other than their own, and bearing in mind the expertise and experience of that
organization in matters related to migrant workers and members of their families,
Recognizing the importance of the work done in connection with migrant workers and
members of their families in various organs of the United Nations, in particular in the
Commission on Human Rights and the Commission for Social Development, and in the
20
Food and Agriculture Organization of the United Nations, the United Nations
Educational, Scientific and Cultural Organization and the World Health Organization, as
well as in other international organizations,
Recognizing also the progress made by certain States on a regional or bilateral basis
towards the protection of the rights of migrant workers and members of their families, as
well as the importance and usefulness of bilateral and multilateral agreements in this
field,
Realizing the importance and extent of the migration phenomenon, which involves
millions of people and affects a large number of States in the international community,
Aware of the impact of the flows of migrant workers on States and people concerned, and
desiring to establish norms which may contribute to the harmonization of the attitudes of
States through the acceptance of basic principles concerning the treatment of migrant
workers and members of their families,
Considering the situation of vulnerability in which migrant workers and members of their
families frequently-find themselves owing, among other things, to their absence from
their State of origin and to the difficulties they may encounter arising from their presence
in the State of employment,
Convinced that the rights of migrant workers and members of their families have not been
sufficiently recognized everywhere and therefore require appropriate international
protection,
Taking into account the fact that migration is often the cause of serious problems for the
members of the families of migrant workers as well as for the workers themselves, in
particular because of the scattering of the family,
Bearing in mind that the human problems involved in migration are even more serious in
the case of irregular migration and convinced therefore that appropriate action should be
encouraged in order to prevent and eliminate clandestine movements and trafficking in
migrant workers, while at the same time assuring the protection of their fundamental
human rights,
Considering that workers who are non-documented or in an irregular situation are
frequently employed under less favourable conditions of work than other workers and
that certain employers find this an inducement to seek such labour in order to reap the
benefits of unfair competition,
Considering also that recourse to the employment of migrant workers who are in an
irregular situation will be discouraged if the fundamental human rights of all migrant
workers are more widely recognized and, moreover, that granting certain additional rights
to migrant workers and members of their families in a regular situation will encourage all
21
migrants and employers to respect and comply with the laws and procedures established
by the States concerned,
Convinced, therefore, of the need to bring about the international protection of the rights
of all migrant workers and members of their families, reaffirming and establishing basic
norms in a comprehensive convention which could be applied universally,
Have agreed as follows:
Part I
SCOPE AND DEFINITIONS
Article 1
1. The present Convention is applicable, except as otherwise provided hereafter, to all
migrant workers and members of their families without distinction of any kind such as
sex, race, colour, language, religion or conviction, political or other opinion, national,
ethnic or social origin, nationality, age, economic position, property, marital status, birth
or other status.
2. The present Convention shall apply during the entire migration process of migrant
workers and members of their families, which comprises preparation for migration,
departure, transit and the entire period of stay and remunerated activity in the State of
employment as well as return to the State of origin or the State of habitual residence.
Article 2
For the purposes of the present Convention:
1. The term "migrant worker" refers to a person who is to be engaged, is engaged or has
been engaged in a remunerated activity in a State of which he or she is not a national.
2. (a) The term "frontier worker" refers to a migrant worker who retains his or her
habitual residence in a neighbouring State to which he or she normally returns every day
or at least once a week;
(b) The term "seasonal worker" refers to a migrant worker whose work by its character is
dependent on seasonal conditions and is performed only during part of the year;
(c) The term "seafarer", which includes a fisherman, refers to a migrant worker employed
on board a vessel registered in a State of which he or she is not a national;
(d) The term "worker on an offshore installation" refers to a migrant worker employed on
an offshore installation that is under the jurisdiction of a State of which he or she is not a
national;
22
(e) The term "itinerant worker'' refers to a migrant worker who, having his or her habitual
residence in one State, has to travel to another State or States for short periods, owing to
the nature of his or her occupation;
(f) The term "project-tied worker" refers to a migrant worker admitted to a State of
employment for a defined period to work solely on a specific project being carried out in
that State by his or her employer;
(g) The term "specified-employment worker" refers to a migrant worker:
(i) Who has been sent by his or her employer for a restricted and defined period of
time to a State of employment to undertake a specific assignment or duty; or
(ii) Who engages for a restricted and defined period of time in work that requires
professional, commercial, technical or other highly specialized skill; or
(iii) Who, upon the request of his or her employer in the State of employment,
engages for a restricted and defined period of time in work whose nature is
transitory or brief;
and who is required to depart from the State of employment either at the expiration of his
or her authorized period of stay, or earlier if he or she no longer undertakes that specific
assignment or duty or engages in that work;
(h) The term "self-employed worker" refers to a migrant worker who is engaged in a
remunerated activity otherwise than under a contract of employment and who earns his or
her living through this activity normally working alone or together with members of his
or her family, and to any other migrant worker recognized as self-employed by applicable
legislation of the State of employment or bilateral or multilateral agreements.
Article 3
The present Convention shall not apply to:
(a) Persons sent or employed by international organizations and agencies or persons sent
or employed by a State outside its territory to perform official functions, whose
admission and status are regulated by general international law or by specific
international agreements or conventions;
(b) Persons sent or employed by a State or on its behalf outside its territory who
participate in development programmes and other co-operation programmes, whose
admission and status are regulated by agreement with the State of employment and who,
in accordance with that agreement, are not considered migrant workers;
(c) Persons taking up residence in a State different from their State of origin as investors;
23
(d) Refugees and stateless persons, unless such application is provided for in the relevant
national legislation of, or international instruments in force for, the State Party concerned;
(e) Students and trainees;
(f) Seafarers and workers on an offshore installation who have not been admitted to take
up residence and engage in a remunerated activity in the State of employment.
Article 4
For the purposes of the present Convention the term ''members of the family" refers to
persons married to migrant workers or having with them a relationship that, according to
applicable law, produces effects equivalent to marriage, as well as their dependent
children and other dependent persons who are recognized as members of the family by
applicable legislation or applicable bilateral or multilateral agreements between the States
concerned.
Article 5
For the purposes of the present Convention, migrant workers and members of their
families:
(a) Are considered as documented or in a regular situation if they are authorized to enter,
to stay and to engage in a remunerated activity in the State of employment pursuant to the
law of that State and to international agreements to which that State is a party;
(b) Are considered as non-documented or in an irregular situation if they do not comply
with the conditions provided for in subparagraph (a) of the present article.
Article 6
For the purposes of the present Convention:
(a) The term "State of origin" means the State of which the person concerned is a
national;
(b) The term "State of employment" means a State where the migrant worker is to be
engaged, is engaged or has been engaged in a remunerated activity, as the case may be;
(c) The term "State of transit,' means any State through which the person concerned
passes on any journey to the State of employment or from the State of employment to the
State of origin or the State of habitual residence.
24
Part II
NON-DISCRIMINATION WITH RESPECT TO RIGHTS
Article 7
States Parties undertake, in accordance with the international instruments concerning
human rights, to respect and to ensure to all migrant workers and members of their
families within their territory or subject to their jurisdiction the rights provided for in the
present Convention without distinction of any kind such as to sex, race, colour, language,
religion or conviction, political or other opinion, national, ethnic or social origin,
nationality, age, economic position, property, marital status, birth or other status.
Part III
HUMAN RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR
FAMILIES
Article 8
1. Migrant workers and members of their families shall be free to leave any State,
including their State of origin. This right shall not be subject to any restrictions except
those that are provided by law, are necessary to protect national security, public order
(ordre public), public health or morals or the rights and freedoms of others and are
consistent with the other rights recognized in the present part of the Convention.
2. Migrant workers and members of their families shall have the right at any time to enter
and remain in their State of origin.
Article 9
The right to life of migrant workers and members of their families shall be protected by
law.
Article 10
No migrant worker or member of his or her family shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment.
Article 11
1. No migrant worker or member of his or her family shall be held in slavery or servitude.
2. No migrant worker or member of his or her family shall be required to perform forced
or compulsory labour.
25
3. Paragraph 2 of the present article shall not be held to preclude, in States where
imprisonment with hard labour may be imposed as a punishment for a crime, the
performance of hard labour in pursuance of a sentence to such punishment by a
competent court.
4. For the purpose of the present article the term "forced or compulsory labour" shall not
include:
(a) Any work or service not referred to in paragraph 3 of the present article normally
required of a person who is under detention in consequence of a lawful order of a court or
of a person during conditional release from such detention;
(b) Any service exacted in cases of emergency or clamity threatening the life or wellbeing
of the community;
(c) Any work or service that forms part of normal civil obligations so far as it is imposed
also on citizens of the State concerned.
Article 12
1. Migrant workers and members of their families shall have the right to freedom of
thought, conscience and religion. This right shall include freedom to have or to adopt a
religion or belief of their choice and freedom either individually or in community with
others and in public or private to manifest their religion or belief in worship, observance,
practice and teaching.
2. Migrant workers and members of their families shall not be subject to coercion that
would impair their freedom to have or to adopt a religion or belief of their choice.
3. Freedom to manifest one's religion or belief may be subject only to such limitations as
are prescribed by law and are necessary to protect public safety, order, health or morals
or the fundamental rights and freedoms of others.
4. States Parties to the present Convention undertake to have respect for the liberty of
parents, at least one of whom is a migrant worker, and, when applicable, legal guardians
to ensure the religious and moral education of their children in conformity with their own
convictions.
Article 13
1. Migrant workers and members of their families shall have the right to hold opinions
without interference.
2. Migrant workers and members of their families shall have the right to freedom of
expression; this right shall include freedom to seek, receive and impart information and
26
ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form
of art or through any other media of their choice.
3. The exercise of the right provided for in paragraph 2 of the present article carries with
it special duties and responsibilities. It may therefore be subject to certain restrictions, but
these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputation of others;
(b) For the protection of the national security of the States concerned or of public order
(ordre public) or of public health or morals;
(c) For the purpose of preventing any propaganda for war;
(d) For the purpose of preventing any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence.
Article 14
No migrant worker or member of his or her family shall be subjected to arbitrary or
unlawful interference with his or her privacy, family, home, correspondence or other
communications, or to unlawful attacks on his or her honour and reputation. Each
migrant worker and member of his or her family shall have the right to the protection of
the law against such interference or attacks.
Article 15
No migrant worker or member of his or her family shall be arbitrarily deprived of
property, whether owned individually or in association with others. Where, under the
legislation in force in the State of employment, the assets of a migrant worker or a
member of his or her family are expropriated in whole or in part, the person concerned
shall have the right to fair and adequate compensation.
Article 16
1. Migrant workers and members of their families shall have the right to liberty and
security of person.
2. Migrant workers and members of their families shall be entitled to effective protection
by the State against violence, physical injury, threats and intimidation, whether by public
officials or by private individuals, groups or institutions.
3. Any verification by law enforcement officials of the identity of migrant workers or
members of their families shall be carried out in accordance with procedure established
by law.
27
4. Migrant workers and members of their families shall not be subjected individually or
collectively to arbitrary arrest or detention; they shall not be deprived o their liberty
except on such grounds and in accordance with such procedures as are established by
law.
5. Migrant workers and members of their families who are arrested shall be informed at
the time of arrest as far as possible in a language they understand of the reasons for their
arrest and they shall be promptly informed in a language they understand of any charges
against them.
6. Migrant workers and members of their families who are arrested or detained on a
criminal charge shall be brought promptly before a judge or other officer authorized by
law to exercise judicial power and shall be entitled to trial within a reasonable time or to
release. It shall not be the general rule that while awaiting trial they shall be detained in
custody, but release may be subject to guarantees to appear for trial, at any other stage of
the judicial proceedings and, should the occasion arise, for the execution of the
judgement.
7. When a migrant worker or a member of his or her family is arrested or committed to
prison or custody pending trial or is detained in any other manner:
(a) The consular or diplomatic authorities of his or her State of origin or of a State
representing the interests of that State shall, if he or she so requests, be informed without
delay of his or her arrest or detention and of the reasons therefor;
(b) The person concerned shall have the right to communicate with the said authorities.
Any communication by the person concerned to the said authorities shall be forwarded
without delay, and he or she shall also have the right to receive communications sent by
the said authorities without delay;
(c) The person concerned shall be informed without delay of this right and of rights
deriving from relevant treaties, if any, applicable between the States concerned, to
correspond and to meet with representatives of the said authorities and to make
arrangements with them for his or her legal representation.
8. Migrant workers and members of their families who are deprived of their liberty by
arrest or detention shall be entitled to take proceedings before a court, in order that that
court may decide without delay on the lawfulness of their detention and order their
release if the detention is not lawful. When they attend such proceedings, they shall have
the assistance, if necessary without cost to them, of an interpreter, if they cannot
understand or speak the language used.
9. Migrant workers and members of their families who have been victims of unlawful
arrest or detention shall have an enforceable right to compensation.
28
Article 17
1. Migrant workers and members of their families who are deprived of their liberty shall
be treated with humanity and with respect for the inherent dignity of the human person
and for their cultural identity.
2. Accused migrant workers and members of their families shall, save in exceptional
circumstances, be separated from convicted persons and shall be subject to separate
treatment appropriate to their status as unconvicted persons. Accused juvenile persons
shall be separated from adults and brought as speedily as possible for adjudication.
3. Any migrant worker or member of his or her family who is detained in a State of
transit or in a State of employment for violation of provisions relating to migration shall
be held, in so far as practicable, separately from convicted persons or persons detained
pending trial.
4. During any period of imprisonment in pursuance of a sentence imposed by a court of
law, the essential aim of the treatment of a migrant worker or a member of his or her
family shall be his or her reformation and social rehabilitation. Juvenile offenders shall be
separated from adults and be accorded treatment appropriate to their age and legal status.
5. During detention or imprisonment, migrant workers and members of their families
shall enjoy the same rights as nationals to visits by members of their families.
6. Whenever a migrant worker is deprived of his or her liberty, the competent authorities
of the State concerned shall pay attention to the problems that may be posed for members
of his or her family, in particular for spouses and minor children.
7. Migrant workers and members of their families who are subjected to any form of
detention or imprisonment in accordance with the law in force in the State of employment
or in the State of transit shall enjoy the same rights as nationals of those States who are in
the same situation.
8. If a migrant worker or a member of his or her family is detained for the purpose of
verifying any infraction of provisions related to migration, he or she shall not bear any
costs arising therefrom.
Article 18
1. Migrant workers and members of their families shall have the right to equality with
nationals of the State concerned before the courts and tribunals. In the determination of
any criminal charge against them or of their rights and obligations in a suit of law, they
shall be entitled to a fair and public hearing by a competent, independent and impartial
tribunal established by law.
29
2. Migrant workers and members of their families who are charged with a criminal
offence shall have the right to be presumed innocent until proven guilty according to law.
3. In the determination of any criminal charge against them, migrant workers and
members of their families shall be entitled to the following minimum guarantees:
(a) To be informed promptly and in detail in a language they understand of the nature and
cause of the charge against them;
(b) To have adequate time and facilities for the preparation of their defence and to
communicate with counsel of their own choosing;
(c) To be tried without undue delay;
(d) To be tried in their presence and to defend themselves in person or through legal
assistance of their own choosing; to be informed, if they do not have legal assistance, of
this right; and to have legal assistance assigned to them, in any case where the interests of
justice so require and without payment by them in any such case if they do not have
sufficient means to pay;
(e) To examine or have examined the witnesses against them and to obtain the attendance
and examination of witnesses on their behalf under the same conditions as witnesses
against them;
(f) To have the free assistance of an interpreter if they cannot understand or speak the
language used in court;
(g) Not to be compelled to testify against themselves or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their
age and the desirability of promoting their rehabilitation.
5. Migrant workers and members of their families convicted of a crime shall have the
right to their conviction and sentence being reviewed by a higher tribunal according to
law.
6. When a migrant worker or a member of his or her family has, by a final decision, been
convicted of a criminal offence and when subsequently his or her conviction has been
reversed or he or she has been pardoned on the ground that a new or newly discovered
fact shows conclusively that there has been a miscarriage of justice, the person who has
suffered punishment as a result of such conviction shall be compensated according to
law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or
partly attributable to that person.
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7. No migrant worker or member of his or her family shall be liable to be tried or
punished again for an offence for which he or she has already been finally convicted or
acquitted in accordance with the law and penal procedure of the State concerned.
Article 19
1. No migrant worker or member of his or her family shall be held guilty of any criminal
offence on account of any act or omission that did not constitute a criminal offence under
national or international law at the time when the criminal offence was committed, nor
shall a heavier penalty be imposed than the one that was applicable at the time when it
was committed. If, subsequent to the commission of the offence, provision is made by
law for the imposition of a lighter penalty, he or she shall benefit thereby.
2. Humanitarian considerations related to the status of a migrant worker, in particular
with respect to his or her right of residence or work, should be taken into account in
imposing a sentence for a criminal offence committed by a migrant worker or a member
of his or her family.
Article 20
1. No migrant worker or member of his or her family shall be imprisoned merely on the
ground of failure to fulfil a contractual obligation.
2. No migrant worker or member of his or her family shall be deprived of his or her
authorization of residence or work permit or expelled merely on the ground of failure to
fulfil an obligation arising out of a work contract unless fulfilment of that obligation
constitutes a condition for such authorization or permit.
Article 21
It shall be unlawful for anyone, other than a public official duly authorized by law, to
confiscate, destroy or attempt to destroy identity documents, documents authorizing entry
to or stay, residence or establishment in the national territory or work permits. No
authorized confiscation of such documents shall take place without delivery of a detailed
receipt. In no case shall it be permitted to destroy the passport or equivalent document of
a migrant worker or a member of his or her family.
Article 22
1. Migrant workers and members of their families shall not be subject to measures of
collective expulsion. Each case of expulsion shall be examined and decided individually.
2. Migrant workers and members of their families may be expelled from the territory of a
State Party only in pursuance of a decision taken by the competent authority in
accordance with law.
31
3. The decision shall be communicated to them in a language they understand. Upon their
request where not otherwise mandatory, the decision shall be communicated to them in
writing and, save in exceptional circumstances on account of national security, the
reasons for the decision likewise stated. The persons concerned shall be informed of these
rights before or at the latest at the time the decision is rendered.
4. Except where a final decision is pronounced by a judicial authority, the person
concerned shall have the right to submit the reason he or she should not be expelled and
to have his or her case reviewed by the competent authority, unless compelling reasons of
national security require otherwise. Pending such review, the person concerned shall have
the right to seek a stay of the decision of expulsion.
5. If a decision of expulsion that has already been executed is subsequently annulled, the
person concerned shall have the right to seek compensation according to law and the
earlier decision shall not be used to prevent him or her from re-entering the State
concerned.
6. In case of expulsion, the person concerned shall have a reasonable opportunity before
or after departure to settle any claims for wages and other entitlements due to him or her
and any pending liabilities.
7. Without prejudice to the execution of a decision of expulsion, a migrant worker or a
member of his or her family who is subject to such a decision may seek entry into a State
other than his or her State of origin.
8. In case of expulsion of a migrant worker or a member of his or her family the costs of
expulsion shall not be borne by him or her. The person concerned may be required to pay
his or her own travel costs.
9. Expulsion from the State of employment shall not in itself prejudice any rights of a
migrant worker or a member of his or her family acquired in accordance with the law of
that State, including the right to receive wages and other entitlements due to him or her.
Article 23
Migrant workers and members of their families shall have the right to have recourse to
the protection and assistance of the consular or diplomatic authorities of their State of
origin or of a State representing the interests of that State whenever the rights recognized
in the present Convention are impaired. In particular, in case of expulsion, the person
concerned shall be informed of this right without delay and the authorities of the
expelling State shall facilitate the exercise of such right.
Article 24
Every migrant worker and every member of his or her family shall have the right to
recognition everywhere as a person before the law.
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Article 25
1. Migrant workers shall enjoy treatment not less favourable than that which applies to
nationals of the State of employment in respect of remuneration and:
(a) Other conditions of work, that is to say, overtime, hours of work, weekly rest,
holidays with pay, safety, health, termination of the employment relationship and any
other conditions of work which, according to national law and practice, are covered by
these terms;
(b) Other terms of employment, that is to say, minimum age of employment, restriction
on home work and any other matters which, according to national law and practice, are
considered a term of employment.
2. It shall not be lawful to derogate in private contracts of employment from the principle
of equality of treatment referred to in paragraph 1 of the present article.
3. States Parties shall take all appropriate measures to ensure that migrant workers are not
deprived of any rights derived from this principle by reason of any irregularity in their
stay or employment. In particular, employers shall not be relieved of any legal or
contractual obligations, nor shall their obligations be limited in any manner by reason of
such irregularity.
Article 26
1. States Parties recognize the right of migrant workers and members of their families:
(a) To take part in meetings and activities of trade unions and of any other associations
established in accordance with law, with a view to protecting their economic, social,
cultural and other interests, subject only to the rules of the organization concerned;
(b) To join freely any trade union and any such association as aforesaid, subject only to
the rules of the organization concerned;
(c) To seek the aid and assistance of any trade union and of any such association as
aforesaid.
2. No restrictions may be placed on the exercise of these rights other than those that are
prescribed by law and which are necessary in a democratic society in the interests of
national security, public order (ordre public) or the protection of the rights and freedoms
of others.
Article 27
1. With respect to social security, migrant workers and members of their families shall
enjoy in the State of employment the same treatment granted to nationals in so far as they
33
fulfil the requirements provided for by the applicable legislation of that State and the
applicable bilateral and multilateral treaties. The competent authorities of the State of
origin and the State of employment can at any time establish the necessary arrangements
to determine the modalities of application of this norm.
2. Where the applicable legislation does not allow migrant workers and members of their
families a benefit, the States concerned shall examine the possibility of reimbursing
interested persons the amount of contributions made by them with respect to that benefit
on the basis of the treatment granted to nationals who are in similar circumstances.
Article 28
Migrant workers and members of their families shall have the right to receive any
medical care that is urgently required for the preservation of their life or the avoidance of
irreparable harm to their health on the basis of equality of treatment with nationals of the
State concerned. Such emergency medical care shall not be refused them by reason of
any irregularity with regard to stay or employment.
Article 29
Each child of a migrant worker shall have the right to a name, to registration of birth and
to a nationality.
Article 30
Each child of a migrant worker shall have the basic right of access to education on the
basis of equality of treatment with nationals of the State concerned. Access to public preschool
educational institutions or schools shall not be refused or limited by reason of the
irregular situation with respect to stay or employment of either parent or by reason of the
irregularity of the child's stay in the State of employment.
Article 31
1. States Parties shall ensure respect for the cultural identity of migrant workers and
members of their families and shall not prevent them from maintaining their cultural links
with their State of origin. 2. States Parties may take appropriate measures to assist and
encourage efforts in this respect.
Article 32
Upon the termination of their stay in the State of employment, migrant workers and
members of their families shall have the right to transfer their earnings and savings and,
in accordance with the applicable legislation of the States concerned, their personal
effects and belongings.
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Article 33
1. Migrant workers and members of their families shall have the right to be informed by
the State of origin, the State of employment or the State of transit as the case may be
concerning:
(a) Their rights arising out of the present Convention;
(b) The conditions of their admission, their rights and obligations under the law and
practice of the State concerned and such other matters as will enable them to comply with
administrative or other formalities in that State. 2. States Parties shall take all measures
they deem appropriate to disseminate the said information or to ensure that it is provided
by employers, trade unions or other appropriate bodies or institutions. As appropriate,
they shall co-operate with other States concerned.
3. Such adequate information shall be provided upon request to migrant workers and
members of their families, free of charge, and, as far as possible, in a language they are
able to understand.
Article 34
Nothing in the present part of the Convention shall have the effect of relieving migrant
workers and the members of their families from either the obligation to comply with the
laws and regulations of any State of transit and the State of employment or the obligation
to respect the cultural identity of the inhabitants of such States.
Article 35
Nothing in the present part of the Convention shall be interpreted as implying the
regularization of the situation of migrant workers or members of their families who are
non-documented or in an irregular situation or any right to such regularization of their
situation, nor shall it prejudice the measures intended to ensure sound and equitableconditions
for international migration as provided in part VI of the present Convention.
Part IV
OTHER RIGHTS OF MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES
WHO ARE DOCUMENTED OR IN A REGULAR SITUATION
Article 36
Migrant workers and members of their families who are documented or in a regular
situation in the State of employment shall enjoy the rights set forth in the present part of
the Convention in addition to those set forth in part III.
35
Article 37
Before their departure, or at the latest at the time of their admission to the State of
employment, migrant workers and members of their families shall have the right to be
fully informed by the State of origin or the State of employment, as appropriate, of all
conditions applicable to their admission and particularly those concerning their stay and
the remunerated activities in which they may engage as well as of the requirements they
must satisfy in the State of employment and the authority to which they must address
themselves for any modification of those conditions.
Article 38
1. States of employment shall make every effort to authorize migrant workers and
members of the families to be temporarily absent without effect upon their authorization
to stay or to work, as the case may be. In doing so, States of employment shall take into
account the special needs and obligations of migrant workers and members of their
families, in particular in their States of origin.
2. Migrant workers and members of their families shall have the right to be fully
informed of the terms on which such temporary absences are authorized.
Article 39
1. Migrant workers and members of their families shall have the right to liberty of
movement in the territory of the State of employment and freedom to choose their
residence there.
2. The rights mentioned in paragraph 1 of the present article shall not be subject to any
restrictions except those that are provided by law, are necessary to protect national
security, public order (ordre public), public health or morals, or the rights and freedoms
of others and are consistent with the other rights recognized in the present Convention.
Article 40
1. Migrant workers and members of their families shall have the right to form
associations and trade unions in the State of employment for the promotion and
protection of their economic, social, cultural and other interests.
2. No restrictions may be placed on the exercise of this right other than those that are
prescribed by law and are necessary in a democratic society in the interests of national
security, public order (ordre public) or the protection of the rights and freedoms of others.
36
Article 41
1. Migrant workers and members of their families shall have the right to participate in
public affairs of their State of origin and to vote and to be elected at elections of that
State, in accordance with its legislation.
2. The States concerned shall, as appropriate and in accordance with their legislation,
facilitate the exercise of these rights.
Article 42
1. States Parties shall consider the establishment of procedures or institutions through
which account may be taken, both in States of origin and in States of employment, of
special needs, aspirations and obligations of migrant workers and members of their
families and shall envisage, as appropriate, the possibility for migrant workers and
members of their families to have their freely chosen representatives in those institutions.
2. States of employment shall facilitate, in accordance with their national legislation, the
consultation or participation of migrant workers and members of their families in
decisions concerning the life and administration of local communities.
3. Migrant workers may enjoy political rights in the State of employment if that State, in
the exercise of its sovereignty, grants them such rights.
Article 43
1. Migrant workers shall enjoy equality of treatment with nationals of the State of
employment in relation to:
(a) Access to educational institutions and services subject to the admission requirements
and other regulations of the institutions and services concerned;
(b) Access to vocational guidance and placement services;
(c) Access to vocational training and retraining facilities and institutions;
(d) Access to housing, including social housing schemes, and protection against
exploitation in respect of rents;
(e) Access to social and health services, provided that the requirements for participation
in the respective schemes are met;
(f) Access to co-operatives and self-managed enterprises, which shall not imply a change
of their migration status and shall be subject to the rules and regulations of the bodies
concerned;
37
(g) Access to and participation in cultural life.
2. States Parties shall promote conditions to ensure effective equality of treatment to
enable migrant workers to enjoy the rights mentioned in paragraph 1 of the present article
whenever the terms of their stay, as authorized by the State of employment, meet the
appropriate requirements.
3. States of employment shall not prevent an employer of migrant workers from
establishing housing or social or cultural facilities for them. Subject to article 70 of the
present Convention, a State of employment may make the establishment of such facilities
subject to the requirements generally applied in that State concerning their installation.
Article 44
1. States Parties, recognizing that the family is the natural and fundamental group unit of
society and is entitled to protection by society and the State, shall take appropriate
measures to ensure the protection of the unity of the families of migrant workers.
2. States Parties shall take measures that they deem appropriate and that fall within their
competence to facilitate the reunification of migrant workers with their spouses or
persons who have with the migrant worker a relationship that, according to applicable
law, produces effects equivalent to marriage, as well as with their minor dependent
unmarried children.
3. States of employment, on humanitarian grounds, shall favourably consider granting
equal treatment, as set forth in paragraph 2 of the present article, to other family members
of migrant workers.
Article 45
1. Members of the families of migrant workers shall, in the State of employment, enjoy
equality of treatment with nationals of that State in relation to:
(a) Access to educational institutions and services, subject to the admission requirements
and other regulations of the institutions and services concerned;
(b) Access to vocational guidance and training institutions and services, provided that
requirements for participation are met;
(c) Access to social and health services, provided that requirements for participation in
the respective schemes are met;
(d) Access to and participation in cultural life.
38
2. States of employment shall pursue a policy, where appropriate in collaboration with
the States of origin, aimed at facilitating the integration of children of migrant workers in
the local school system, particularly in respect of teaching them the local language.
3. States of employment shall endeavour to facilitate for the children of migrant workers
the teaching of their mother tongue and culture and, in this regard, States of origin shall
collaborate whenever appropriate.
4. States of employment may provide special schemes of education in the mother tongue
of children of migrant workers, if necessary in collaboration with the States of origin.
Article 46
Migrant workers and members of their families shall, subject to the applicable legislation
of the States concerned, as well as relevant international agreements and the obligations
of the States concerned arising out of their participation in customs unions, enjoy
exemption from import and export duties and taxes in respect of their personal and
household effects as well as the equipment necessary to engage in the remunerated
activity for which they were admitted to the State of employment:
(a) Upon departure from the State of origin or State of habitual residence;
(b) Upon initial admission to the State of employment;
(c) Upon final departure from the State of employment;
(d) Upon final return to the State of origin or State of habitual residence.
Article 47
1. Migrant workers shall have the right to transfer their earnings and savings, in particular
those funds necessary for the support of their families, from the State of employment to
their State of origin or any other State. Such transfers shall be made in conformity with
procedures established by applicable legislation of the State concerned and in conformity
with applicable international agreements.
2. States concerned shall take appropriate measures to facilitate such transfers.
Article 48
1. Without prejudice to applicable double taxation agreements, migrant workers and
members of their families shall, in the matter of earnings in the State of employment:
(a) Not be liable to taxes, duties or charges of any description higher or more onerous
than those imposed on nationals in similar circumstances;
39
(b) Be entitled to deductions or exemptions from taxes of any description and to any tax
allowances applicable to nationals in similar circumstances, including tax allowances for
dependent members of their families. 2. States Parties shall endeavour to adopt
appropriate measures to avoid double taxation of the earnings and savings of migrant
workers and members of their families.
Article 49
1. Where separate authorizations to reside and to engage in employment are required by
national legislation, the States of employment shall issue to migrant workers
authorization of residence for at least the same period of time as their authorization to
engage in remunerated activity.
2. Migrant workers who in the State of employment are allowed freely to choose their
remunerated activity shall neither be regarded as in an irregular situation nor shall they
lose their authorization of residence by the mere fact of the termination of their
remunerated activity prior to the expiration of their work permits or similar
authorizations.
3. In order to allow migrant workers referred to in paragraph 2 of the present article
sufficient time to find alternative remunerated activities, the authorization of residence
shall not be withdrawn at least for a period corresponding to that during which they may
be entitled to unemployment benefits.
Article 50
1. In the case of death of a migrant worker or dissolution of marriage, the State of
employment shall favourably consider granting family members of that migrant worker
residing in that State on the basis of family reunion an authorization to stay; the State of
employment shall take into account the length of time they have already resided in that
State.
2. Members of the family to whom such authorization is not granted shall be allowed
before departure a reasonable period of time in order to enable them to settle their affairs
in the State of employment.
3. The provisions of paragraphs I and 2 of the present article may not be interpreted as
adversely affecting any right to stay and work otherwise granted to such family members
by the legislation of the State of employment or by bilateral and multilateral treaties
applicable to that State.
Article 51
Migrant workers who in the State of employment are not permitted freely to choose their
remunerated activity shall neither be regarded as in an irregular situation nor shall they
lose their authorization of residence by the mere fact of the termination of their
40
remunerated activity prior to the expiration of their work permit, except where the
authorization of residence is expressly dependent upon the specific remunerated activity
for which they were admitted. Such migrant workers shall have the right to seek
alternative employment, participation in public work schemes and retraining during the
remaining period of their authorization to work, subject to such conditions and limitations
as are specified in the authorization to work.
Article 52
1. Migrant workers in the State of employment shall have the right freely to choose their
remunerated activity, subject to the following restrictions or conditions.
2. For any migrant worker a State of employment may:
(a) Restrict access to limited categories of employment, functions, services or activities
where this is necessary in the interests of this State and provided for by national
legislation;
(b) Restrict free choice of remunerated activity in accordance with its legislation
concerning recognition of occupational qualifications acquired outside its territory.
However, States Parties concerned shall endeavour to provide for recognition of such
qualifications.
3. For migrant workers whose permission to work is limited in time, a State of
employment may also:
(a) Make the right freely to choose their remunerated activities subject to the condition
that the migrant worker has resided lawfully in its territory for the purpose of
remunerated activity for a period of time prescribed in its national legislation that should
not exceed two years;
(b) Limit access by a migrant worker to remunerated activities in pursuance of a policy of
granting priority to its nationals or to persons who are assimilated to them for these
purposes by virtue of legislation or bilateral or multilateral agreements. Any such
limitation shall cease to apply to a migrant worker who has resided lawfully in its
territory for the purpose of remunerated activity for a period of time prescribed in its
national legislation that should not exceed five years.
4. States of employment shall prescribe the conditions under which a migrant worker who
has been admitted to take up employment may be authorized to engage in work on his or
her own account. Account shall be taken of the period during which the worker has
already been lawfully in the State of employment.
41
Article 53
1. Members of a migrant worker's family who have themselves an authorization of
residence or admission that is without limit of time or is automatically renewable shall be
permitted freely to choose their remunerated activity under the same conditions as are
applicable to the said migrant worker in accordance with article 52 of the present
Convention.
2. With respect to members of a migrant worker's family who are not permitted freely to
choose their remunerated activity, States Parties shall consider favourably granting them
priority in obtaining permission to engage in a remunerated activity over other workers
who seek admission to the State of employment, subject to applicable bilateral and
multilateral agreements.
Article 54
1. Without prejudice to the terms of their authorization of residence or their permission to
work and the rights provided for in articles 25 and 27 of the present Convention, migrant
workers shall enjoy equality of treatment with nationals of the State of employment in
respect of:
(a) Protection against dismissal;
(b) Unemployment benefits;
(c) Access to public work schemes intended to combat unemployment;
(d) Access to alternative employment in the event of loss of work or termination of other
remunerated activity, subject to article 52 of the present Convention.
2. If a migrant worker claims that the terms of his or her work contract have been violated
by his or her employer, he or she shall have the right to address his or her case to the
competent authorities of the State of employment, on terms provided for in article 18,
paragraph 1, of the present Convention.
Article 55
Migrant workers who have been granted permission to engage in a remunerated activity,
subject to the conditions attached to such permission, shall be entitled to equality of
treatment with nationals of the State of employment in the exercise of that remunerated
activity.
Article 56
1. Migrant workers and members of their families referred to in the present part of the
Convention may not be expelled from a State of employment, except for reasons defined
42
in the national legislation of that State, and subject to the safeguards established in
part III.
2. Expulsion shall not be resorted to for the purpose of depriving a migrant worker or a
member of his or her family of the rights arising out of the authorization of residence and
the work permit.
3. In considering whether to expel a migrant worker or a member of his or her family,
account should be taken of humanitarian considerations and of the length of time that the
person concerned has already resided in the State of employment.
Part V
PROVISIONS APPLICABLE TO PARTICULAR CATEGORIES OF MIGRANT
WORKERS AND MEMBERS OF THEIR FAMILIES
Article 57
The particular categories of migrant workers and members of their families specified in
the present part of the Convention who are documented or in a regular situation shall
enjoy the rights set forth in part m and, except as modified below, the rights set forth in
part IV.
Article 58
1. Frontier workers, as defined in article 2, paragraph 2 (a), of the present Convention,
shall be entitled to the rights provided for in part IV that can be applied to them by reason
of their presence and work in the territory of the State of employment, taking into account
that they do not have their habitual residence in that State.
2. States of employment shall consider favourably granting frontier workers the right
freely to choose their remunerated activity after a specified period of time. The granting
of that right shall not affect their status as frontier workers.
Article 59
1. Seasonal workers, as defined in article 2, paragraph 2 (b), of the present Convention,
shall be entitled to the rights provided for in part IV that can be applied to them by reason
of their presence and work in the territory of the State of employment and that are
compatible with their status in that State as seasonal workers, taking into account the fact
that they are present in that State for only part of the year.
2. The State of employment shall, subject to paragraph 1 of the present article, consider
granting seasonal workers who have been employed in its territory for a significant
period of time the possibility of taking up other remunerated activities and giving them
43
priority over other workers who seek admission to that State, subject to applicable
bilateral and multilateral agreements.
Article 60
Itinerant workers, as defined in article 2, paragraph 2 (A), of the present Convention,
shall be entitled to the rights provided for in part IV that can be granted to them by reason
of their presence and work in the territory of the State of employment and that are
compatible with their status as itinerant workers in that State.
Article 61
1. Project-tied workers, as defined in article 2, paragraph 2 (of the present Convention,
and members of their families shall be entitled to the rights provided for in part IV except
the provisions of article 43, paragraphs I (b) and (c), article 43, paragraph I (d), as it
pertains to social housing schemes, article 45, paragraph I (b), and articles 52 to 55.
2. If a project-tied worker claims that the terms of his or her work contract have been
violated by his or her employer, he or she shall have the right to address his or her case to
the competent authorities of the State which has jurisdiction over that employer, on terms
provided for in article 18, paragraph 1, of the present Convention.
3. Subject to bilateral or multilateral agreements in force for them, the States Parties
concerned shall endeavour to enable project-tied workers to remain adequately protected
by the social security systems of their States of origin or habitual residence during their
engagement in the project. States Parties concerned shall take appropriate measures with
the aim of avoiding any denial of rights or duplication of payments in this respect.
4. Without prejudice to the provisions of article 47 of the present Convention and to
relevant bilateral or multilateral agreements, States Parties concerned shall permit
payment of the earnings of project-tied workers in their State of origin or habitual
residence.
Article 62
1. Specified-employment workers as defined in article 2, paragraph 2 (g), of the present
Convention, shall be entitled to the rights provided for in part IV, except the provisions of
article 43, paragraphs I (b) and (c), article 43, paragraph I (d), as it pertains to social
housing schemes, article 52, and article 54, paragraph 1 (d).
2. Members of the families of specified-employment workers shall be entitled to the
rights relating to family members of migrant workers provided for in part IV of the
present Convention, except the provisions of article 53.
44
Article 63
1. Self-employed workers, as defined in article 2, paragraph 2 (h), of the pre sent
Convention , shall be entitled to the rights provided for in part IV with the exception of
those rights which are exclusively applicable to workers having a contract of
employment.
2. Without prejudice to articles 52 and 79 of the present Convention, the termination of
the economic activity of the self-employed workers shall not in itself imply the
withdrawal of the authorization for them or for the members of their families to stay or to
engage in a remunerated activity in the State of employment except where the
authorization of residence is expressly dependent upon the specific remunerated activity
for which they were admitted.
Part VI
PROMOTION OF SOUND, EQUITABLE, HUMANE AND LAWFUL CONDITIONS
IN CONNECTION WITH INTERNATIONAL MIGRATION OF WORKERS AND
MEMBERS OF THEIR FAMILIES
Article 64
1. Without prejudice to article 79 of the present Convention, the States Parties concerned
shall as appropriate consult and co-operate with a view to promoting sound, equitable and
humane conditions in connection with international migration of workers and members of
their families.
2. In this respect, due regard shall be paid not only to labour needs and resources, but also
to the social, economic, cultural and other needs of migrant workers and members of their
families involved, as well as to the consequences of such migration for the communities
concerned.
Article 65
1. States Parties shall maintain appropriate services to deal with questions concerning
international migration of workers and members of their families. Their functions shall
include, inter alia:
(a) The formulation and implementation of policies regarding such migration;
(b) An exchange of information, consultation and co-operation with the competent
authorities of other States Parties involved in such migration;
(c) The provision of appropriate information, particularly to employers, workers and their
organizations on policies, laws and regulations relating to migration and employment, on
45
agreements concluded with other States concerning migration and on other relevant
matters;
(d) The provision of information and appropriate assistance to migrant workers and
members of their families regarding requisite authorizations and formalities and
arrangements for departure, travel, arrival, stay, remunerated activities, exit and return, as
well as on conditions of work and life in the State of employment and on customs,
currency, tax and other relevant laws and regulations.
2. States Parties shall facilitate as appropriate the provision of adequate consular and
other services that are necessary to meet the social, cultural and other needs of migrant
workers and members of their families.
Article 66
1. Subject to paragraph 2 of the present article, the right to undertake operations with a
view to the recruitment of workers for employment in another State shall be restricted to:
(a) Public services or bodies of the State in which such operations take place;
(b) Public services or bodies of the State of employment on the basis of agreement
between the States concerned;
(c) A body established by virtue of a bilateral or multilateral agreement.
2. Subject to any authorization, approval and supervision by the public authorities of the
States Parties concerned as may be established pursuant to the legislation and practice of
those States, agencies, prospective employers or persons acting on their behalf may also
be permitted to undertake the said operations.
Article 67
1. States Parties concerned shall co-operate as appropriate in the adoption of measures
regarding the orderly return of migrant workers and members of their families to the State
of origin when they decide to return or their authorization of residence or employment
expires or when they are in the State of employment in an irregular situation.
2. Concerning migrant workers and members of their families in a regular situation,
States Parties concerned shall co-operate as appropriate, on terms agreed upon by those
States, with a view to promoting adequate economic conditions for their resettlement and
to facilitating their durable social and cultural reintegration in the State of origin.
Article 68
1. States Parties, including States of transit, shall collaborate with a view to preventing
and eliminating illegal or clandestine movements and employment of migrant workers in
46
an irregular situation. The measures to be taken to this end within the jurisdiction of each
State concerned shall include:
(a) Appropriate measures against the dissemination of misleading information relating to
emigration and immigration;
(b) Measures to detect and eradicate illegal or clandestine movements of migrant workers
and members of their families and to impose effective sanctions on persons, groups or
entities which organize, operate or assist in organizing or operating such movements;
(c) Measures to impose effective sanctions on persons, groups or entities which use
violence, threats or intimidation against migrant workers or members of their families in
an irregular situation.
2. States of employment shall take all adequate and effective measures to eliminate
employment in their territory of migrant workers in an irregular situation, including,
whenever appropriate, sanctions on employers of such workers. The rights of migrant
workers vis-à-vis their employer arising from employment shall not be impaired by these
measures.
Article 69
1. States Parties shall, when there are migrant workers and members of their families
within their territory in an irregular situation, take appropriate measures to ensure that
such a situation does not persist.
2. Whenever States Parties concerned consider the possibility of regularizing the situation
of such persons in accordance with applicable national legislation and bilateral or
multilateral agreements, appropriate account shall be taken of the circumstances of their
entry, the duration of their stay in the States of employment and other relevant
considerations, in particular those relating to their family situation.
Article 70
States Parties shall take measures not less favourable than those applied to nationals to
ensure that working and living conditions of migrant workers and members of their
families in a regular situation are in keeping with the standards of fitness, safety, health
and principles of human dignity.
Article 71
1. States Parties shall facilitate, whenever necessary, the repatriation to the State of origin
of the bodies of deceased migrant workers or members of their families.
2. As regards compensation matters relating to the death of a migrant worker or a
member of his or her family, States Parties shall, as appropriate, provide assistance to the
47
persons concerned with a view to the prompt settlement of such matters. Settlement of
these matters shall be carried out on the basis of applicable national law in accordance
with the provisions of the present Convention and any relevant bilateral or multilateral
agreements.
Part VII
APPLICATION OF THE CONVENTION
Article 72
1. (a) For the purpose of reviewing the application of the present Convention, there shall
be established a Committee on the Protection of the Rights of All Migrant Workers and
Members of Their Families (hereinafter referred to as "the Committee");
(b) The Committee shall consist, at the time of entry into force of the present Convention,
of ten and, after the entry into force of the Convention for the forty-first State Party, of
fourteen experts of high moral standing, impartiality and recognized competence in the
field covered by the Convention.
2. (a) Members of the Committee shall be elected by secret ballot by the States Parties
from a list of persons nominated by the States Parties, due consideration being given to
equitable geographical distribution, including both States of origin and States of
employment, and to the representation of the principal legal systems. Each State Party
may nominate one person from among its own nationals;
(b) Members shall be elected and shall serve in their personal capacity.
3. The initial election shall be held no later than six months after the date of the entry into
force of the present Convention and subsequent elections every second year. At least four
months before the date of each election, the Secretary-General of the United Nations shall
address a letter to all States Parties inviting them to submit their nominations within two
months. The Secretary-General shall prepare a list in alphabetical order of all persons
thus nominated, indicating the States Parties that have nominated them, and shall submit
it to the States Parties not later than one month before the date of the corresponding
election, together with the curricula vitae of the persons thus nominated.
4. Elections of members of the Committee shall be held at a meeting of States Parties
convened by the Secretary-General at United Nations Headquarters. At that meeting, for
which two thirds of the States Parties shall constitute a quorum, the persons elected to the
Committee shall be those nominees who obtain the largest number of votes and an
absolute majority of the votes of the States Parties present and voting.
5. (a) The members of the Committee shall serve for a term of four years. However, the
terms of five of the members elected in the first election shall expire at the end of two
48
years; immediately after the first election, the names of these five members shall be
chosen by lot by the Chairman of the meeting of States Parties;
(b) The election of the four additional members of the Committee shall be held in
accordance with the provisions of paragraphs 2, 3 and 4 of the present article, following
the entry into force of the Convention for the forty-first State Party. The term of two of
the additional members elected on this occasion shall expire at the end of two years; the
names of these members shall be chosen by lot by the Chairman of the meeting of States
Parties;
(c) The members of the Committee shall be eligible for re-election if renominated.
6. If a member of the Committee dies or resigns or declares that for any other cause he or
she can no longer perform the duties of the Committee, the State Party that nominated the
expert shall appoint another expert from among its own nationals for the remaining part
of the term. The new appointment is subject to the approval of the Committee.
7. The Secretary-General of the United Nations shall provide the necessary staff and
facilities for the effective performance of the functions of the Committee.
8. The members of the Committee shall receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may decide.
9. The members of the Committee shall be entitled to the facilities, privileges and
immunities of experts on mission for the United Nations as laid down in the relevant
sections of the Convention on the Privileges and Immunities of the United Nations.
Article 73
1. States Parties undertake to submit to the Secretary-General of the United Nations for
consideration by the Committee a report on the legislative, judicial, administrative and
other measures they have taken to give effect to the provisions of the present Convention:
(a) Within one year after the entry into force of the Convention for the State Party
concerned;
(b) Thereafter every five years and whenever the Committee so requests.
2. Reports prepared under the present article shall also indicate factors and difficulties, if
any, affecting the implementation of the Convention and shall include information on the
characteristics of migration flows in which the State Party concerned is involved.
3. The Committee shall decide any further guidelines applicable to the content of the
reports.
49
4. States Parties shall make their reports widely available to the public in their own
countries.
Article 74
1. The Committee shall examine the reports submitted by each State Party and shall
transmit such comments as it may consider appropriate to the State Party concerned. This
State Party may submit to the Committee observations on any comment made by the
Committee in accordance with the present article. The Committee may request
supplementary information from States Parties when considering these reports.
2. The Secretary-General of the United Nations shall, in due time before the opening of
each regular session of the Committee, transmit to the Director-General of the
International Labour Office copies of the reports submitted by States Parties concerned
and information relevant to the consideration of these reports, in order to enable the
Office to assist the Committee with the expertise the Office may provide regarding those
matters dealt with by the present Convention that fall within the sphere of competence of
the International Labour Organisation. The Committee shall consider in its deliberations
such comments and materials as the Office may provide.
3. The Secretary-General of the United Nations may also, after consultation with the
Committee, transmit to other specialized agencies as well as to intergovernmental
organizations, copies of such parts of these reports as may fall within their competence.
4. The Committee may invite the specialized agencies and organs of the United Nations,
as well as intergovernmental organizations and other concerned bodies to submit, for
consideration by the Committee, written information on such matters dealt with in the
present Convention as fall within the scope of their activities.
5. The International Labour Office shall be invited by the Committee to appoint
representatives to participate, in a consultative capacity, in the meetings of the
Committee.
6. The Committee may invite representatives of other specialized agencies and organs of
the United Nations, as well as of intergovernmental organizations, to be present and to be
heard in its meetings whenever matters falling within their field of competence are
considered.
7. The Committee shall present an annual report to the General Assembly of the United
Nations on the implementation of the present Convention, containing its own
considerations and recommendations, based, in particular, on the examination of the
reports and any observations presented by States Parties.
8. The Secretary-General of the United Nations shall transmit the annual reports of the
Committee to the States Parties to the present Convention, the Economic and Social
50
Council, the Commission on Human Rights of the United Nations, the Director-General
of the International Labour Office and other relevant organizations.
Article 75
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
3. The Committee shall normally meet annually.
4. The meetings of the Committee shall normally be held at United Nations Headquarters.
Article 76
1. A State Party to the present Convention may at any time declare under this article that
it recognizes the competence of the Committee to receive and consider communications
to the effect that a State Party claims that another State Party is not fulfilling its
obligations under the present Convention. Communications under this article may be
received and considered only if submitted by a State Party that has made a declaration
recognizing in regard to itself the competence of the Committee. No communication shall
be received by the Committee if it concerns a State Party which has not made such a
declaration. Communications received under this article shall be dealt with in accordance
with the following procedure:
(a) If a State Party to the present Convention considers that another State Party is not
fulfilling its obligations under the present Convention, it may, by written communication,
bring the matter to the attention of that State Party. The State Party may also inform the
Committee of the matter. Within three months after the receipt of the communication the
receiving State shall afford the State that sent the communication an explanation, or any
other statement in writing clarifying the matter which should include, to the extent
possible and pertinent, reference to domestic procedures and remedies taken, pending or
available in the matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within
six months after the receipt by the receiving State of the initial communication, either
State shall have the right to refer the matter to the Committee, by notice given to the
Committee and to the other State;
(c) The Committee shall deal with a matter referred to it only after it has ascertained that
all available domestic remedies have been invoked and exhausted in the matter, in
conformity with the generally recognized principles of international law. This shall not be
the rule where, in the view of the Committee, the application of the remedies is
unreasonably prolonged;
51
(d) Subject to the provisions of subparagraph (c) of the present paragraph, the Committee
shall make available its good offices to the States Parties concerned with a view to a
friendly solution of the matter on the basis of the respect for the obligations set forth in
the present Convention;
(e) The Committee shall hold closed meetings when examining communications under
the present article;
(f) In any matter referred to it in accordance with subparagraph (b) of the present
paragraph, the Committee may call upon the States Parties concerned, referred to in
subparagraph (b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph (b) of the present paragraph,
shall have the right to be represented when the matter is being considered by the
Committee and to make submissions orally and/or in writing;
(h) The Committee shall, within twelve months after the date of receipt of notice under
subparagraph (b) of the present paragraph, submit a report, as follows:
(i) If a solution within the terms of subparagraph (d) of the present paragraph is
reached, the Committee shall confine its report to a brief statement of the facts
and of the solution reached;
(ii) If a solution within the terms of subparagraph (d) is not reached, the Committee
shall, in its report, set forth the relevant facts concerning the issue between the
States Parties concerned. The written submissions and record of the oral
submissions made by the States Parties concerned shall be attached to the report.
The Committee may also communicate only to the States Parties concerned any
views that it may consider relevant to the issue between them.
In every matter, the report shall be communicated to the States Parties concerned.
2. The provisions of the present article shall come into force when ten States Parties to
the present Convention have made a declaration under paragraph 1 of the present article.
Such declarations shall be deposited by the States Parties with the Secretary-General of
the United Nations, who shall transmit copies thereof to the other States Parties. A
declaration may be withdrawn at any time by notification to the Secretary-General. Such
a withdrawal shall not prejudice the consideration of any matter that is the subject of a
communication already transmitted under the present article; no further communication
by any State Party shall be received under the present article after the notification of
withdrawal of the declaration has been received by the Secretary-General, unless the
State Party concerned has made a new declaration.
52
Article 77
1. A State Party to the present Convention may at any time declare under the present
article that it recognizes the competence of the Committee to receive and consider
communications from or on behalf of individuals subject to its jurisdiction who claim that
their individual rights as established by the present Convention have been violated by that
State Party. No communication shall be received by the Committee if it concerns a State
Party that has not made such a declaration.
2. The Committee shall consider inadmissible any communication under the present
article which is anonymous or which it considers to be an abuse of the right of
submission of such communications or to be incompatible with the provisions of the
present Convention.
3. The Committee shall not consider any communication from an individual under the
present article unless it has ascertained that:
(a) The same matter has not been, and is not being, examined under another procedure of
international investigation or settlement;
(b) The individual has exhausted all available domestic remedies; this shall not be the
rule where, in the view of the Committee, the application of the remedies is unreasonably
prolonged or is unlikely to bring effective relief to that individual.
4. Subject to the provisions of paragraph 2 of the present article, the Committee shall
bring any communications submitted to it under this article to the attention of the State
Party to the present Convention that has made a declaration under paragraph 1 and is
alleged to be violating any provisions of the Convention. Within six months, the
receiving State shall submit to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that may have been taken by that State.
5. The Committee shall consider communications received under the present article in the
light of all information made available to it by or on behalf of the individual and by the
State Party concerned.
6. The Committee shall hold closed meetings when examining communications under the
present article.
7. The Committee shall forward its views to the State Party concerned and to the
individual.
8. The provisions of the present article shall come into force when ten States Parties to
the present Convention have made declarations under paragraph 1 of the present article.
Such declarations shall be deposited by the States Parties with the Secretary-General of
the United Nations, who shall transmit copies thereof to the other States Parties. A
declaration may be withdrawn at any time by notification to the Secretary-General. Such
53
a withdrawal shall not prejudice the consideration of any matter that is the subject of a
communication already transmitted under the present article; no further communication
by or on behalf of an individual shall be received under the present article after the
notification of withdrawal of the declaration has been received by the Secretary-General,
unless the State Party has made a new declaration.
Article 78
The provisions of article 76 of the present Convention shall be applied without prejudice
to any procedures for settling disputes or complaints in the field covered by the present
Convention laid down in the constituent instruments of, or in conventions adopted by, the
United Nations and the specialized agencies and shall not prevent the States Parties from
having recourse to any procedures for settling a dispute in accordance with international
agreements in force between them.
Part VIII
GENERAL PROVISIONS
Article 79
Nothing in the present Convention shall affect the right of each State Party to establish
the criteria governing admission of migrant workers and members of their families.
Concerning other matters related to their legal situation and treatment as migrant workers
and members of their families, States Parties shall be subject to the limitations set forth in
the present Convention.
Article 80
Nothing in the present Convention shall be interpreted as impairing the provisions of the
Charter of the United Nations and of the constitutions of the specialized agencies which
define the respective responsibilities of the various organs of the United Nations and of
the specialized agencies in regard to the matters dealt with in the present Convention.
Article 81
1. Nothing in the present Convention shall affect more favourable rights or freedoms
granted to migrant workers and members of their families by virtue of:
(a) The law or practice of a State Party; or
(b) Any bilateral or multilateral treaty in force for the State Party concerned.
2. Nothing in the present Convention may be interpreted as implying for any State, group
or person any right to engage in any activity or perform any act that would impair any of
the rights and freedoms as set forth in the present Convention.
54
Article 82
The rights of migrant workers and members of their families provided for in the present
Convention may not be renounced. It shall not be permissible to exert any form of
pressure upon migrant workers and members of their families with a view to their
relinquishing or foregoing any of the said rights. It shall not be possible to derogate by
contract from rights recognized in the present Convention. States Parties shall take
appropriate measures to ensure that these principles are respected.
Article 83
Each State Party to the present Convention undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated
shall have an effective remedy, notwithstanding that the violation has been committed by
persons acting in an official capacity;
(b) To ensure that any persons seeking such a remedy shall have his or her claim
reviewed and decided by competent judicial, administrative or legislative authorities, or
by any other competent authority provided for by the legal system of the State, and to
develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 84
Each State Party undertakes to adopt the legislative and other measures that are necessary
to implement the provisions of the present Convention.
Part IX
FINAL PROVISIONS
Article 85
The Secretary-General of the United Nations is designated as the depositary of the
present Convention.
Article 86
1. The present Convention shall be open for signature by all States. It is subject to
ratification.
2. The present Convention shall be open to accession by any State.
55
3. Instruments of ratification or accession shall be deposited with the Secretary-General
of the United Nations.
Article 87
1. The present Convention shall enter into force on the first day of the month following a
period of three months after the date of the deposit of the twentieth instrument of
ratification or accession.
2. For each State ratifying or acceding to the present Convention after its entry into force,
the Convention shall enter into force on the first day of the month following a period of
three months after the date of the deposit of its own instrument of ratification or
accession.
Article 88
A State ratifying or acceding to the present Convention may not exclude the application
of any Part of it, or, without prejudice to article 3, exclude any particular category of
migrant workers from its application.
Article 89
1. Any State Party may denounce the present Convention, not earlier than five years after
the Convention has entered into force for the State concerned, by means of a notification
in writing addressed to the Secretary-General of the United Nations.
2. Such denunciation shall become effective on the first day of the month following the
expiration of a period of twelve months after the date of the receipt of the notification by
the Secretary-General of the United Nations.
3. Such a denunciation shall not have the effect of releasing the State Party from its
obligations under the present Convention in regard to any act or omission which occurs
prior to the date at which the denunciation becomes effective, nor shall denunciation
prejudice in any way the continued consideration of any matter which is already under
consideration by the Committee prior to the date at which the denunciation becomes
effective.
4. Following the date at which the denunciation of a State Party becomes effective, the
Committee shall not commence consideration of any new matter regarding that State.
Article 90
1. After five years from the entry into force of the Convention a request for the revision
of the Convention may be made at any time by any State Party by means of a notification
in writing addressed to the Secretary-General of the United Nations. The Secretary-
General shall thereupon communicate any proposed amendments to the States Parties
56
with a request that they notify him whether they favour a conference of States Parties for
the purpose of considering and voting upon the proposals. In the event that within four
months from the date of such communication at least one third of the States Parties
favours such a conference, the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a majority of the States
Parties present and voting shall be submitted to the General Assembly for approval.
2. Amendments shall come into force when they have been approved by the General
Assembly of the United Nations and accepted by a two-thirds majority of the States
Parties in accordance with their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States Parties that
have accepted them, other States Parties still being bound by the provisions of the present
Convention and any earlier amendment that they have accepted.
Article 91
1. The Secretary-General of the United Nations shall receive and circulate to all States
the text of reservations made by States at the time of signature, ratification or accession.
2. A reservation incompatible with the object and purpose of the present Convention shall
not be permitted.
3. Reservations may be withdrawn at any time by notification to this effect addressed to
the Secretary-General of the United Nations, who shall then inform all States thereof.
Such notification shall take effect on the date on which it is received.
Article 92
1. Any dispute between two or more States Parties concerning the interpretation or
application of the present Convention that is not settled by negotiation shall, at the
request of one of them, be submitted to arbitration. If within six months from the date of
the request for arbitration the Parties are unable to agree on the organization of the
arbitration, any one of those Parties may refer the dispute to the International Court of
Justice by request in conformity with the Statute of the Court.
2. Each State Party may at the time of signature or ratification of the present Convention
or accession thereto declare that it does not consider itself bound by paragraph 1 of the
present article. The other States Parties shall not be bound by that paragraph with respect
to any State Party that has made such a declaration.
3. Any State Party that has made a declaration in accordance with paragraph 2 of the
present article may at any time withdraw that declaration by notification to the Secretary-
General of the United Nations.
57
Article 93
1. The present Convention, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the
United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the
present Convention to all States.
In witness whereof the undersigned plenipotentiaries, being duly authorized thereto by
their respective Governments, have signed the present Convention.
58
59
Annex II
States that have signed, ratified or acceded to the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families
(1 October 2005)
State Signature Ratification or accession (a)
Algeria 21 April 2005a
Argentina 10 August 2004
Azerbaijan 11 January 1999a
Bangladesh 7 October 1998
Belize 14 November 2001a
Benin 15 September 2005
Bolivia 16 October 2000a
Bosnia and Herzegovina 13 December 1996a
Burkina Faso 16 November 2001 26 November 2003
Cambodia 27 September 2004
Cape Verde 16 September 1997a
Chile 24 September 1993 21 March 2005
Colombia 24 May 1995a
Comoros 22 September 2000
Ecuador 5 February 2002a
Egypt 19 February 1993a
El Salvador 13 September 2002 14 March 2003
Gabon 15 December 2004
Ghana 7 September 2000 7 September 2000
Guatemala 7 September 2000
Guinea 7 September 2000a
Guinea-Bissau 12 September 2000
Guyana 15 September 2005
Honduras 9 August 2005a
Indonesia 22 September 2004
Kyrgyzstan 29 September 2003a
Lesotho 24 September 2004 16 September 2005
Liberia 22 September 2004
Libyan Arab Jamahiriya 18 June 2004a
Mali 5 June 2003a
Mexico 22 May 1991 8 March 1999
Morocco 15 August 1991 21 June 1993
Paraguay 13 September 2000
Peru 22 September 2004 14 September 2005
Philippines 15 November 1993 5 July 1995
Sao Tome and Principe 6 September 2000
Senegal 9 June 1999a
Serbia and Montenegro 11 November 2004
Seychelles 15 December 1994a
Sierra Leone 15 September 2000
Sri Lanka 11 March 1996a
Syrian Arab Republic 2 June 2005a
Tajikistan 7 September 2000 8 January 2002
Timor-Leste 30 January 2004a
Togo 15 November 2001
Turkey 13 January 1999 27 September 2004
Uganda 14 November 2001a
Uruguay 15 February 2001a
60
61
Human Rights Fact Sheets: *
No. 02 The International Bill of Human Rights (Rev.1)
No. 03 Advisory Services and Technical Cooperation in the Field of Human Rights
(Rev.1)
No. 04 Combating Torture (Rev.1)
No. 06 Enforced or Involuntary Disappearances (Rev.2)
No. 07 Complaint Procedures (Rev.1)
No. 09 The Rights of Indigenous Peoples (Rev.1)
No. 10 The Rights of the Child (Rev.1)
No. 11 Extrajudicial, Summary or Arbitrary Executions (Rev.1)
No. 12 The Committee on the Elimination of Racial Discrimination
No. 13 International Humanitarian Law and Human Rights
No. 14 Contemporary Forms of Slavery
No. 15 Civil and Political Rights: The Human Rights Committee (Rev.1)
No. 16 The Committee on Economic, Social and Cultural Rights (Rev.1)
No. 17 The Committee against Torture
No. 18 Minority Rights (Rev.1)
No. 19 National Institutions for the Promotion and Protection of Human Rights
No. 20 Human Rights and Refugees
No. 21 The Human Right to Adequate Housing
No. 22 Discrimination against Women: The Convention and the Committee
No. 23 Harmful Traditional Practices Affecting the Health of Women and Children
No. 24 The International Convention on Migrant Workers and its Committee (Rev.1)
No. 25 Forced Evictions and Human Rights
No. 26 The Working Group on Arbitrary Detention
No. 27 Seventeen Frequently Asked Questions about United Nations Special
Rapporteurs
No. 28 The Impact of Mercenary Activities on the Right of Peoples to
Self-determination
No. 29 Human Rights Defenders: Protecting the Right to Defend Human Rights
No. 30 The United Nations Human Rights Treaty System - An Introduction to the
Core Human Rights Treaties and the Treaty Bodies
_________
* Fact Sheets Nos. 1, 5 and 8 are no longer issued.
62
The Human Rights Fact Sheet series is published by the Office of the United Nations High Commissioner
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are under active consideration or are of particular interest.
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