International Convention on the Protection of the Rights of all Migrant 10

International Convention on the Protection of the Rights of all Migrant

 

Article 66

1. Subject to paragraph 2 of the present article, the right to
undertake operations with a view to the recruitment of workers for
employment in another State shall be restricted to:

(a) Public services or bodies of the State in which such operations
take place;

(b) Public services or bodies of the State of employment on the basis
of agreement between the States concerned;

(c) A body established by virtue of a bilateral or multilateral
agreement.

2. Subject to any authorization, approval and supervision by the
public authorities of the States Parties concerned as may be established
pursuant to the legislation and practice of those States, agencies,
prospective employers or persons acting on their behalf may also be
permitted to undertake the said operations.

Article 67

1. 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 when they decide to
return or their authorization of residence or employment expires or when
they are in the State of employment in an irregular situation.

2. Concerning migrant workers and members of their families in a
regular situation, States Parties concerned shall co-operate as
appropriate, on terms agreed upon by those States, with a view to
promoting adequate economic conditions for their resettlement and to
facilitating their durable social and cultural reintegration in the State
of origin.

Article 68

1. States Parties, including States of transit, shall collaborate
with a view to preventing and eliminating illegal or clandestine
movements and employment of migrant workers in an irregular situation.
The measures to be taken to this end within the jurisdiction of each
State concerned shall include:

(a) Appropriate measures against the dissemination of misleading
information relating to emigration and immigration;

(b) Measures to detect and eradicate illegal or clandestine movements
of migrant workers and members of their families and to impose effective
sanctions on persons, groups or entities which organize, operate or
assist in organizing or operating such movements;

(c) Measures to impose effective sanctions on persons, groups or
entities which use violence, threats or intimidation against migrant
workers or members of their families in an irregular situation.

2. States of employment shall take all adequate and effective
measures to eliminate employment in their territory of migrant workers in
an irregular situation, including, whenever appropriate, sanctions on
employers of such workers. The rights of migrant workers vis-a-vis their
employer arising from employment shall not be impaired by these measures.

Article 69

1. States Parties shall, when there are migrant workers and members
of their families within their territory in an irregular situation, take
appropriate measures to ensure that such a situation does not persist.

2. Whenever States Parties concerned consider the possibility of
regularizing the situation of such persons in accordance with applicable
national legislation and bilateral or multilateral agreements,
appropriate account shall be taken of the circumstances of their entry,
the duration of their stay in the States of employment and other relevant
considerations, in particular those relating to their family situation.

Article 70

States Parties shall take measures not less favourable than those
applied to nationals to ensure that working and living conditions of
migrant workers and members of their families in a regular situation are
in keeping with the standards of fitness, safety, health and principles
of human dignity.

Article 71

1. States Parties shall facilitate, whenever necessary, the
repatriation to the State of origin of the bodies of deceased migrant
workers or members of their families.

2. As regards compensation matters relating to the death of a migrant
worker or a member of his or her family, States Parties shall, as
appropriate, provide assistance to the persons concerned with a view to
the prompt settlement of such matters. Settlement of these matters shall
be carried out on the basis of applicable national law in accordance with
the provisions of the present Convention and any relevant bilateral or
multilateral agreements.

PART VII

Application of the Convention

Article 72

1. (a) For the purpose of reviewing the application of the present
Convention, there shall be established a Committee on the Protection of
the Rights of All Migrant Workers and Members of Their Families
(hereinafter referred to as “the Committee”);

(b) The Committee shall consist, at the time of entry into force of
the present Convention, of ten and, after the entry into force of the
Convention for the forty-first State Party, of fourteen experts of high
moral standing, impartiality and recognized competence in the field
covered by the Convention.

2. (a) Members of the Committee shall be elected by secret ballot by
the States Parties from a list of persons nominated by the States
Parties, due consideration being given to equitable geographical
distribution, including both States of origin and States of employment,
and to the representation of the principal legal systems. Each State
Party may nominate one person from among its own nationals;

(b) Members shall be elected and shall serve in their personal
capacity.

3. The initial elction shall be held no later than six months after
the date of the entry into force of the present Convention and subsequent
elections every second year. At least four months before the date of each
election, the Secretary-General of the United Nations shall address a
letter to all States Parties inviting them to submit their nominations
within two months. The Secretary-General shall prepare a list in
alphabetical order of all persons thus nominated, indicating the States
Parties that have nominated them, and shall submit it to the States
Parties not later than one month before the date of the corresponding
election, together with the curricula vitae of the persons thus
nominated.

4. Elections of members of the Committee shall be held at a meeting
of States Parties convened by the Secretary-General at United Nations
Headquarters. At that meeting, for which two thirds of the States Parties
shall constitute a quorum, the persons elected to the Committee shall be
those nominees who obtain the largest number of votes and an absolute
majority of the votes of the States Parties present and voting.

5. (a) The members of the Committee shall serve for a term of four
years. However, the terms of five of the members elected in the first
election shall expire at the end of two years; immediately after the
first election, the names of these five members shall be chosen by lot by
the Chairman of the meeting of States Parties;

(b) The election of the four additional members of the Committee shall
be held in accordance with the provisions of paragraphs 2, 3 and 4 of the
present article, following the entry into force of the Convention for the
forty-first State Party. The term of two of the additional members
elected on this occasion shall expire at the end of two years; the names
of these members shall be chosen by lot by the Chairman of the meeting of
States Parties;

(c) The members of the Committee shall be eligible for re-election if
renominated.

6. If a member of the Committee dies or resigns or declares that for
any other cause he or she can no longer perform the duties of the
Committee, the State Party that nominated the expert shall appoint
another expert from among its own nationals for the remaining part of the
term. The new appointment is subject to the approval of the Committee.

7. The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance of the
functions of the Committee.

8. The members of the Committee shall receive emoluments from United
Nations resources on such terms and conditions as the General Assembly
may decide.

9. The members of the Committee shall be entitled to the facilities,
privileges and immunities of experts on mission for the United Nations as
laid down in the relevant sections of the Convention on the Privileges
and Immunities of the United Nations.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International Convention on the Protection of the Rights of all Migrant.


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