The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

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The International Convention on the Protection
of the Rights of All Migrant Workers and Members
of Their Families
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Migrant Workers
Migration Trends

• Approximately 175 million international migrants
  

• Approximately 2.0 of the worlds population,
  or one in every 35 persons are international
  migrants

United Nations Population Division, 2000
International Organization for Migration, 2003
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Migrant Workers
UN Commission on Human Rights

• Special Rapporteur on the human rights of
  migrants

• Special Rapporteur on trafficking in persons,
  especially on women and children

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Migrant Workers
About the Convention
In December 1990, the GA adopted the
International Convention on the Protection of the
Rights of All Migrant Workers and members of
Their Families and it was opened for signature by
all Member States.
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Migrant Workers
Entry into Force

• The Convention entered into force on 1 July 2003

Status of Ratification

• 32 States are party to the Convention as of 14
  September 2005

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Scope of the Convention

• A Comprehensive International Treaty

• Sets standards that are applicable in individual
  States Parties

• Reflects existing principles established by
  previous human rights instruments

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Scope of the Convention

• Defines the rights of migrant workers before
  departure, in transit, and in the country of
  employment

• Establishes obligations for countries of origin,
  transit, and employment

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Migrant Workers
Definition of Migrant Worker
Article 2, Para. 1
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
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Migrant Workers
MWs are considered either
Article 5
(a) 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
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Migrant Workers
MWs are considered either
Article 5
(b) Non-Documented
or in an irregular situation if they do not
comply with the conditions provided for in
subparagraph (a) of the present article
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Basic Principle
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Rights of all migrant workers and members of
their families
General Human Rights Such as

• Right to life (Art. 9)
• Prohibition of torture or cruel, inhuman or
  degrading treatment (Art. 10)
• Prohibition of slavery (Art. 11)
• Freedom of thought, conscience religion (Art.
  12)
• Freedom of opinion expression (Art. 13)
• Right to liberty and security of person (Art. 16)

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Migrant Workers
Rights of all migrant workers and members of
their families
Specific Human Rights Such as

• Protection from the destruction of IDs and other
  documents (Art. 21)
• Prohibition of collective expulsion (Art. 22)
• Right to participate in trade unions (Art. 26)
• Right to receive urgent medical care (Art. 28)
• Right of child to a name, to registration of
  birth, to a nationality, and access to education
  (Art. 29, 30)

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Migrant Workers
Rights of documented migrant workers and members
of their families
Such as

• Right to form associations and trade unions (Art.
  40)
• Right to participate in public affairs and
  elections of their state of origin (Art. 41)
• Protection of the unity of the families of
  migrant workers (Art. 44)

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Migrant Workers
Committee on Migrant Workers
Article 72, Para 1

• The CMW is the body of independent experts that
  monitors implementation of the Convention by its
  States Parties

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Migrant Workers
Committee on Migrant Workers
Article 72, Para 1

• The CMW is composed of 10 experts

• The members are elected by States Parties

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Committee on Migrant Workers

• The CMW held its inaugural session in March 2004

• The CMW examines States Parties reports

• The CMW cooperates with other UN agencies and
  inter-governmental organizations

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Duties of States Parties
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

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Duties of States Parties
Article 83

• States Parties to the Convention undertake to

• Ensure that migrant workers whose rights have
  been violated shall have an effective remedy

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Duties of States Parties
Article 84

• States Parties to the Convention undertake to

• Adopt the necessary measures to implement the
  provisions of the Convention

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Duties of States Parties
Article 73

• States Parties to the Convention undertake to

• Submit regular reports to the Committee on
  Migrant Workers (CMW) on how the rights are being
  implemented

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Challenges
1- Promotion of the rights in the Convention
2- Removing obstacles to the ratification of the
Convention
3- Implementation