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N. KALANDADZE, INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL ...
norms. 66 International monitoring mechanisms
including reporting and appealing procedures
are only additional means for protection of the
rights of labour migrants on domestic level. 67
The principles promoted through the convention
have nevertheless had an impact in
specific countries and regions. In several receiving
countries, anti-immigrant sentiments
have decreased. 68 Practice reveals that there
is a great difference between the establishment
of standards and their implementation.
International society named those fundamental
rights and freedoms, which shall be guaranteed
to everyone. Their operation on a State
level depends on a State, while its implementation
depends on an individual. On the way
of implementation of human rights the most
important issue which is also recognized by
the UN is the education. It is directed to fundamental
values of the society. Each citizen
shall be aware of their rights.
The situation in respect to Georgia is as
follows: it is extremely difficult to find a job in
Georgia, and incomes from employment are often
not enough to secure one’s own and family’s
subsistence. Limited employment possibilities,
dysfunctional labour market dynamics
and low wages, forces the most active part of
the Georgian population to seek work and incomes
outside the country, even if it results in
reduction of their dignity and deprivation of
their liberty. The planned reorganization and
restructuring of the State management system
resulted in a significant decrease in the
number of employed.
Current situation revealed the necessity
to speed up accession process to the UN and
ILO conventions that provide the international
legal grounds for the regulation of labour
migration. Among them particular attention
shall be drawn to International “Convention on
the Protection of the Rights of All Migrant Workers
and Members of Their Families”. ILO and
other international organizations shall ensure
the assistance and provide recommendations
of international experts on Governmental policy
related to irregular migration and trafficking
issues. The government, society and international
community shall work and carry out
activities in this field together.
1
Office of the United Nations High Commissioner for Human Rights, The international
Convention on Migrant Workers and its Committee, Fact Sheet No. 24
(Rev. 1), p.3 On the basis of the request of the economic and social council at
1973 U.N. subcommittee on the prevention of discrimination and protection of
minorities in 1976 adopted the act on the use of labour resulted from illegal and
hidden trafficking. The mentioned act was calling for the UN to elaborate the
Convention, which would protect the rights of the labour migrants. This particular
recommendation was responded by the Geneva conference of 1978 on fighting
against racism and racial treatment. But in the resolution 33/163 of the General
Assembly was mentioned on improvement of the condition and ensuring the
human rights protection and dignity of the labour migrants.
2
Please see: http://en.wikipedia.org/wiki/Human rights treaty_bodies, also Manfred
Nowak, Introduction to the International Human Rights Regime, The Raoul Wallenberg
Institute, Human Rights Library, Volume 14, Martinus Nijhoff Publishers,
Leiden/Boston, 2003 and economic social and cultural rights, guideline second
updated edition, Asborn Eide, Katerina Krauze, Alan Rosas, 2005, p. 456.
3
Economic, social and cultural rights, guidelines, second updated edition, Asborn
Eide, Katerina Krauze, Alan Rosas, 2005, p. 456.
4
Office of the United Nations High Commissioner for Human Rights, The International
Convention on Migrant Workers and its Committee, Fact Sheet No. 24
(Rev.1), p. 1
5
Please see http://www.ohchr.org/english/countries/ ratification/13.htm, 2006.
6
http://en.wikipedia.org/wiki/Human_rights_treaty_ bodies,2C2006.
7
The convention consists of preamble and nine part: Preamble, 1. Scope and
Definitions, 2. Non-discrimination with respect to rights, 3. Human rights of all
Migrant Workers and Members of their Families, 4. Other Rights of Migrant Workers
and Members of their Families who are Documented or in a Regular Situation,
5. Provisions Applicable to Particular Categories of Migrant Workers and of
their Families, 6. Promotion of Sound, Equitable, Humane and Lawful Condi-
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