Guide on ratification of the Migrant Workers Convention

social and civil spheres, recognising that migrant workers are human beings with roles and
responsibilities beyond the labour and economic context.
At the same time, the ICRMW, in Article 79, includes explicit language safeguarding the
prerogative of States to determine who may enter, remain, and/or work in their territories.
The content of the Convention is summarised in more detail in Chapter 3 of this booklet.
Regarding cooperation among States, the three Conventions provide essential guidelines for
international cooperation in order to promote lawful, equitable and humane conditions of
migration, and underscore that protection of rights of migrants is a shared responsibility.
Specific guidance is provided in Part VI of the ICRMW regarding international inter-State
consultation and cooperation on international migration in areas of exchange of information,
providing information to migrants, cooperation on recruitment operations, orderly return of
migrant workers and members of their families, as well as on preventing and eliminating
irregular movements and employment of irregular migrant workers.
The earlier ILO Migration for Employment Convention (No. 97) provides the foundations for
equal treatment between nationals and regular migrants in recruitment procedures, living and
working conditions, and access to justice, tax and social security. It sets out details for
contract conditions, participation of migrants in job training or promotion, provisions for
family reunification, and appeals against unjustified termination of employment or expulsion,
as well as other measures to regulate the entire migration process.
The complementary ILO Migrant Workers Convention (No. 143) provides specific guidance
regarding treatment of irregular migration and facilitating integration of migrants in host
societies. Article 1 establishes the obligation of ratifying States to “respect the basic human
rights of all migrant workers,” independent of their legal situation in the host State. Its Part II
details standards for integration of long term migrant workers.
3. Why are these Conventions significant?
The importance of these international instruments is highlighted by seven points:
1) The three Conventions provide a comprehensive rights-based definition and legal basis
for national policy and practice regarding international migrant workers and their
family members.
2) They recognise that migrant workers and family members, being non-nationals
residing in states of employment or in transit, may be inadequately protected; their
rights may not be addressed by the national legislation of host states or by their own
countries of origin. Therefore, they provide common minimum norms for national
legislation.
3) These Conventions thus serve as tools to encourage States to establish or improve
national legislation in harmony with international standards.
4) These instruments go well beyond providing a human rights framework. Numerous
provisions in each add up to a comprehensive agenda for national policy covering many
major aspects of governing labour migration.
5) The three Conventions also define a clear agenda for consultation and cooperation
among States on labour migration policy formulation, exchange of information,
providing information to migrants, orderly return and reintegration, etc.
6) These Conventions provide explicit measures to prevent and eliminate the
exploitation of migrant workers and members of their families, including an end to
their unauthorised or clandestine movements and to irregular or undocumented
situations.
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