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saerTaSoriso samarTlis Jurnali, #1, 2008 JOURNAL OF INTERNATIONAL LAW, N1, 2008
bers of their families shall not be important for
the States, they shall equally to other citizens
protect their rights and dignity.
In comparison to all other instruments on
the migrants, the first part of the Convention
provides for the comprehensive definition of
the term “Migrant Workers” 8 . The Convention
applies equally to all migrant workers and
member of their families. In spite of the fact
that, the list of restrictions is illustrative and
non-comprehensive, it is still more complete
than the grounds stated by the other Conventions
on Human Rights. 9
The Convention grants all migrant workers
who are documented and in regular station
with the additional rights. All migrant workers
and members of their families legally residing
or having a permanent status in the
State of employment shall have the right to be
fully informed on their future working conditions,
as appropriate, as well as on the other
issues related to their working conditions (Article
37).
The Convention bounds the State parties
to respect migrant workers as individuals, it
provides for the frames of support to create
normal, fair, human and lawful conditions in
relation to the international migration. 10
2. ACTIVITY OF THE COMMITTEE ON MIGRANT
WORKERS
2.1. Committee on Migrant Workers and
Monitoring Mechanisms of the Protection
of Rights of Migrant Workers
Unfortunately accession to any convention
does not mean that the listed rights and
obligations will be performed appropriately and
steadily. Therefore the Convention provides
for the creation of the bodies responsible for
the implementation of the Convention aimed
at monitoring of process of implementation of
the Convention. 11
After the entry into force 12 on the basis of
Article 72 of the Convention on the Migrant
Workers the Committee on the protection of
the rights of migrant workers and members of
their families was established, 13 which is a component
of the office of the UN High Commissioner
for Human Rights. 14
The Committee on the Migrant Workers is
an independent group of experts, which monitors
the implementation of the Convention on
the Migrant Workers by the States. 15
The Committee on Migrant Workers held
its first session in 2004. The meetings of the
Committee take place annually. Secretary
General of the UN preliminary informs the participants
of the committee on the place as well
as on the date of the meeting (as early as
possible). 16
The Committee is publishing its reports on
the activities annually. 17 The report is public
and accessible. They can be also found in internet.
The reports mainly provide for information
on the activities of the committee. 18
For the enhancement of monitoring it is also
important to underline the role of meetings of
Chairmen and inter-committee meetings. The UN
General Assembly has introduced such meetings
since 1983, which aims at enhancement of
activity of the committees supervising the execution
of treaties. First meeting of the Chairmen
of the Committees was held in 1984, but from
1995 such meetings take place annually. 19
Also inter-committee meetings are being
held aimed at 20 harmonization of working methods.
2.2. Examination of the Reports of the
Member States by the Committee on
Migrant Workers
The main task of the Committee is monitoring
the implementation of the Convention
on the Migrant Workers on the basis of reports
submitted by the Member States.
The main aim of the system of reports provides
an opportunity to monitor the compatibility
of the State.
Each Member State shall be obliged to
submit the regular reports on the measures
taken for the implementation of the Convention.
21 The Submission of the report is mandatory
within one year after the entry into force
of the Convention for the State Party concerned,
thereafter every five years and whenever
the Committee so requests. 22 The reports
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, 23 Iand which
is also interesting and important in the scope
of monitoring, these reports shall be widely
available to the public in their own countries. 24
The Committee has also elaborated the document
containing the form and content of report,
25 which provides for the section of information
of a general nature. 26
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