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NONA KALANDADZE<br />

INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF<br />

ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES AND UN<br />

MONITORING MECHANISMS FOR THE PROTECTION OF THE RIGHTS<br />

OF MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES<br />

INTRODUCTION<br />

Labour migration is a very important aspect<br />

of globalization and an expression of the<br />

processes of international integration. It has<br />

rapidly accelerated in the aftermath of World<br />

War II. It was reasoned by current political and<br />

economic processes, normalization of the relations<br />

among the countries, reinforcement of<br />

political, labour and social rights of aliens on<br />

the one hand and facilitation of communications<br />

between the different States, reduction<br />

of transportation prices and increase of the<br />

level of awareness of the population on the<br />

other hand.<br />

The collapse of the socialist system had a<br />

great impact on the migration trend of the<br />

world. The rapid deterioration of living standards<br />

and increasing political instability generated<br />

new waves of migrations. The development<br />

of migration from Georgia was equally<br />

affected and determined by economic collapse<br />

and the newly emerging trends of labour<br />

force supply and demand on the domestic,<br />

as well as international labour market.<br />

For the first time its serious interest has<br />

been expressed by the Organization of United<br />

Nations in 1972, since the Economic and<br />

Social Council in its resolution 1706 (LIII) expressed<br />

alarm at the illegal transportation of<br />

labour to some European States and at the<br />

exploitation of workers from some African<br />

States "in conditions akin to slavery and forced<br />

labour”. Later the same year, the General Assembly<br />

in its resolution 2920 (XXVII) condemned<br />

discrimination against foreign workers<br />

and called upon Governments to end such<br />

practices and to improve reception arrangements<br />

for migrant labours. 1<br />

International Convention on the Protection<br />

of the Rights of All Migrant Workers and Members<br />

of Their Families was adopted by the UN<br />

without the ballot in 1990. 2 This convention is<br />

the broadest international convention in the<br />

world, which aims at the protection of civil and<br />

political as well as economic, social and cultural<br />

rights of the labour migrants and their<br />

families. It defines the rights of the labour migrants<br />

and the members of their families in<br />

details, only together with the obligations of<br />

the States in a view of there immigration policy<br />

and practices. 3<br />

By adopting the Convention, the rights of<br />

the labour migrants and the remedies to ensure<br />

their rights have been defined. It involves<br />

30-years discussions, including UN researches<br />

on human rights, opinions and recommendations,<br />

expert assessments, debates and UN<br />

resolutions on the labour migrants. 4<br />

51 States were the members of the convention<br />

by March, 2007, among them 37<br />

States have ratified this convention. 5<br />

1. SHORT OVERVIEW OF THE INTERNATIONAL<br />

“CONVENTION ON THE PROTECTION OF THE<br />

RIGHTS OF ALL MIGRANT WORKERS AND<br />

MEMBERS OF THEIR FAMILIES”<br />

Convention on Migrant Workers strengthens<br />

and completes principles and provisions<br />

stipulated in the basic treaties on human rights<br />

of the UN. 6<br />

The Convention 7 stipulates the implementation<br />

of such minimum standards, which implies<br />

the conduction of necessary activities by<br />

the State in relation to the labour migrants and<br />

their families, in spite of emigration status, so<br />

the origin of the labour migrants and mem-<br />

141

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