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