The International Convention on the
Protection of the Rights of All Migrant
Workers and Members of Their Families
Migrant Workers
Migration Trends
Approximately 175 million
international migrants *
Approximately 2.0 % of the world’s
population, or one in every 35
persons are international migrants **
* United Nations Population Division, 2000
** International Organization for Migration, 2003
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
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.
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
Migrant Workers
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
Migrant Workers
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
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”
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;
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
Migrant Workers
Basic Principle
Non-Discrimination
Migrant Workers
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)
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)
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)
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
Migrant Workers
Committee on Migrant Workers:
Article 72, Para 1:
The CMW is composed of 10
experts
The members are elected
by States Parties
Migrant Workers
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 intergovernmental organizations
Migrant Workers
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
Migrant Workers
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
Migrant Workers
Challenges
1- Promotion of the rights in
the Convention
2- Removing obstacles to the
ratification of the Convention
3- Implementation