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 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 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;
(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 acontract 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;
(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.
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.
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 well-being 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 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.
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.
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.
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.
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.
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.
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 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 pre-school
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.
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 equitable-conditions 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 ina 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.
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.
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;
(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.
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;
(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 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.
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 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 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.
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 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 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 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 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.
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
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;
(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.
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 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.
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.
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 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.
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.
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