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saerTaSoriso samarTlis Jurnali, #1, 2008 JOURNAL OF INTERNATIONAL LAW, N1, 2008
tions Connection with International Migration of Workers and Members of Their
Families, 7. Application of the Convention, 8. General Provisions, 9. Final Provisions.
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In particular, Article 2, paragraph 1 of the Convention provides for the migrant
worker as “a person who is to be engaged, is engaged or has been engaged in
a remunerated activity in a State of which he or she is not a national”.
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Please see International “Covenant on Economic, Social and Cultural Rights”,
International “Covenant on Civil and Political Rights”.
10
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. 10.
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The Committees are the monitoring bodies of the implementation of the UN
human rights basic treaties (International Covenant “on Civil and Political Rights”
of 1966 (with its optional protocols) International Covenant on “Economic, Social
and Cultural Rights” of 1966, the Convention “on the Elimination of all forms of
Racial Discrimination” of 1965, The Convention “on the Elimination of all Forms
of Discrimination against Women” of 1979, the Convention “against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment” of 1984, the Convention
“on the Rights of Child” of 1989, International Convention “on the Protection
of the Rights of All Migrant Workers and Members of Their Families” of 1990).
There are seven committees on the protection of the human rights, which are
created for the monitoring of implementation of the Provisions of relevant Treaties.
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After the ratification by 20 countries.
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There are seven committees on the protection of the human rights in the UN.
They examine the state reports, individual claims and applications, publish general
comments, which basically relates to the issues and interpretation of the
working principles. There is also procedure of the meetings of Chairmen of the
Committees and inter-committees. The function of each committee is to monitor
the implementation of provisions of the seven basic treaties of the UN, in particular:
Human Rights Committee (HRC) supervises the monitoring process of
International Covenant “on Civil and Political Rights” (with its optional protocols)
of 1966, Committee on Economic, Social and Cultural Rights (CESCR) - International
Covenant “on Economic, Social and Cultural Rights” of 1966, Committee
on the Elimination of Racial Discrimination(CERD) - Convention “on the Elimination
of all Forms of Racial Discrimination” of 1965, Committee on the Elimination
of Discrimination Against Women (CEDAW) - Convention “on the Elimination
of all Forms of Discrimination Against Women” of 1979, The Committee Against
Torture (CAT) - Convention “against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment” of 1984, The Committee on the Rights of the Child
(CRC) - The Convention “on the Rights of the Child” of 1989, The Committee on
Migrant Workers - Convention “on the Protection of the Rights of all Migrant Workers
and Members of Their Families” of 1990.
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Office of the High Commissioner for Human Rights – main body working for the
protection and popularization of Human Rights was established in 1946 (by the
UN Economic and Social Council). The functions of the Commissioner includes:
protection of the human rights throughout the word, monitoring, its development,
popularization and codification of human rights as well.
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Currently committee consists with 10 independent experts. The amount of the
experts will increase after the entry into force of the Convention for the forty-first
State Party, of fourteen experts. The Members of the Committee shall be elected
by secret ballot by the States Parties, due consideration being given to equitable
geographical distribution including both States of origin and States of employment
of the migrant workers. The members of the Committee shall serve for a
term of four years. Half of the members of the Committee are elected once in two
years. Their term of office starts at January 1 of each year and ends at December
31 of the forth year (in accordance with Article 72, paragraph 5, sub-paragraph a)
of the Convention). Exceptional case is when the Convention will enter into force
for the forty-first State Party and additionally four experts will be elected. From
these experts two members shall be chosen by the Chairman of the meeting on
the basis of secret ballot. They shall serve for a tern of two years. (Article 72,
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