Guide on ratification of the Migrant Workers Convention

Strict supervision of recruitment operations in countries of origin is also an important tool in
preventing unlawful practices, including trafficking. Article 66 of the Convention restricts the
right to undertake operations for the recruitment of migrant workers to the public services of
the country of origin, the public services of the country of employment on the basis of an
agreement between the two countries or a body established by virtue of a bilateral or
multilateral agreement. As far as private agencies or employers are concerned, they should
only be allowed to recruit migrant workers if they have obtained the requisite authorisation by
the public authorities of the countries concerned and operate under their supervision.
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. The
States of origin must take appropriate measures to promote adequate economic conditions for
the resettlement of those who return, including irregular migrants, and facilitate their social
and cultural reintegration (Art. 67).
3. Monitoring the Convention
• Committee on Migrant Workers
In accordance with Article 72 of the Convention, the Committee on the Protection of the
Rights of All Migrant Workers and Members of Their Families reviews the implementation of
the Convention. The Committee held its inaugural session from 1 to 5 March 2004 in Geneva.
Since then, it has held two sessions a year.
From its formation, the Committee has consisted of ten experts of high moral standing,
impartiality and recognised competence in the field covered by the Convention. However,
with the forty-first ratification of the Convention in March, 2009, their number will now be
increasing to fourteen. As is the case with other treaty bodies, Committee members are
nominated and elected by the States parties to the Convention.
Article 74 of the Convention sets out the role of the Committee and its functions, which can
be described as follows:
• Consideration of States parties’ reports
The primary task of the Committee is to study reports by States parties on the legislative,
judicial, administrative and other measures they have taken to give effect to the Convention’s
provisions. A State Party is requested to present a first report within one year of the entry into
force of the Convention for the State Party concerned, and thereafter every five years. At its
second session, held in Geneva in April 2005, the Committee adopted its guidelines for the
submission of initial reports by States parties. The guidelines request the States parties
concerned to provide information of a general nature concerning the framework governing the
implementation of the Convention, any agreements entered into with other States concerning
migration, the characteristics and nature of migration flows, the practical situation with regard
to the implementation of the Convention, the measures taken to promote the Convention and
their cooperation with civil society. As to the information on the implementation of the
Convention, in view of the length of the Convention, the guidelines suggest that reporting
States group the information per clusters of articles. At its 8 th session, the Committee adopted
guidelines for the presentation of further periodic reports by States.
The consideration of the report takes place in two public meetings in the presence of a
delegation of the State Party. Intergovernmental organisations, United Nations organisations,
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