Guide on ratification of the Migrant Workers Convention

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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, 22
national human rights institutions and non-governmental organisations can all provide information to the Committee, either in writing or orally 22 . The ILO is expected to review and provide comments on reports by States Parties in light of its mandate and complementary standards on migrant workers. The consideration of the reports ends with the adoption of the concluding observations by the Committee, which are transmitted to the State Party at the end of the session and made public 23 . • Consideration of communications received under Articles 76 and 77 of the Convention Optional article 76 of the Convention provides for the consideration by the Committee of communications from a State Party claiming that another State Party is not fulfilling its obligations under the Convention. Optional article 77 provides for the consideration by the Committee of communications received from or on behalf of individuals who claim that their individual rights as established by the Convention have been violated by a State Party. The articles require, however, that ten States parties make the declaration before the procedure enters into force. So far, Guatemala is the only State Party that has made the declaration under article 76; Guatemala and Mexico have made the declaration under article 77. • Annual reports In accordance with article 74, paragraph 7, the Committee presents an annual report to the General Assembly of the United Nations on the implementation of the Convention, containing its considerations and recommendations. • Complementary activities The Committee has been actively engaged in the ongoing discussion on International Migration and Development. On 15 December 2005, it organised a Day of General Discussion under the title: “Protecting the rights of all migrant workers as a tool to enhance development”. The Committee was inspired in its choice of subject by the decision of the General Assembly to organise a High-Level Dialogue on International Migration and Development in New York on 14-15 September 2006, and aimed at emphasising the importance of human rights in this context. 24 Following the Day of General Discussion, the Committee adopted a written contribution to the General Assembly’s High-Level Dialogue on International Migration and Development. In its contribution, the Committee noted that migrants are above all human beings with rights, as well as active agents of development. Therefore, for the Committee, the question of migration must be approached from a human rights perspective, in conformity with the Universal Declaration on Human Rights as well as State obligations under core international human rights treaties. The Committee further emphasised that the concept of development 22 The International Platform on the Migrant Workers Convention (IPMWC) was created to facilitate and strengthen the participation of international and national non-governmental organisations who are interested in providing alternative information to the Committee on Migrant Workers. See: www.ipmwc.net . 23 The text of the concluding observations can be consulted on the Committee’s website: http://www2.ohchr.org/english/bodies/cmw/index.htm . At the time of writing, the Committee had examined the following initial reports: Mali (4 th session), Mexico (5 th session), Egypt (6 th session), Ecuador (7 th session), Syrian Arab Republic (8 th session), Bolivia (8 th session) and El Salvador (9 th session). 24 The programme of the day of general discussion and the texts of the contributions can be found on: http://daccessdds.un.org/doc/UNDOC/GEN/G06/436/66/PDF/G0643666.pdf?OpenElement . 23
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Guide on ratification of the Migrant Workers Convention

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