International Convention on the Protection of the Rights of all Migrant

Article 73

1. States Parties undertake to submit to the Secretary-General of the
United Nations for consideration by the Committee a report on the
legislative, judicial, administrative and other measures they have taken
to give effect to the provisions of the present Convention:

(a) Within one year after the entry into force of the Convention for
the State Party concerned;

(b) Thereafter every five years and whenever the Committee so
requests.

2. Reports prepared under the present article 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.

3. The Committee shall decide any further guidelines applicable to
the content of the reports.

4. States Parties shall make their reports widely available to the
public in their own countries.

Article 74

1. The Committee shall examine the reports submitted by each State
Party and shall transmit such comments as it may consider appropriate to
the State Party concerned. This State Party may submit to the Committee
observations on any comment made by the Committee in accordance with the
present article. The Committee may request supplementary information from
States Parties when considering these reports.

2. The Secretary-General of the United Nations shall, in due time
before the opening of each regular session of the Committee, transmit to
the Director-General of the International Labour Office copies of the
reports submitted by States Parties concerned and information relevant to
the consideration of these reports, in order to enable the Office to
assist the Committee with the expertise the Office may provide regarding
those matters dealt with by the present Convention that fall within the
sphere of competence of the International Labour Organisation. The
Committee shall consider in its deliberations such comments and materials
as the Office may provide.

3. The Secretary-General of the United Nations may also, after
consultation with the Committee, transmit to other specialized agencies
as well as to intergovernmental organizations, copies of such parts of
these reports as may fall within their competence.

4. The Committee may invite the specialized agencies and organs of
the United Nations, as well as intergovernmental organizations and other
concerned bodies to submit, for consideration by the Committee, written
information on such matters dealt with in the present Convention as fall
within the scope of their activities.

5. The International Labour Office shall be invited by the Committee
to appoint representatives to participate, in a consultative capacity, in
the meetings of the Committee.

6. The Committee may invite representatives of other specialized
agencies and organs of the United Nations, as well as of
intergovernmental organizations, to be present and to be heard in its
meetings whenever matters falling within their field of competence are
considered.

7. The Committee shall present an annual report to the General
Assembly of the United Nations on the implementation of the present
Convention, containing its own considerations and recommendations, based,
in particular, on the examination of the reports and any observations
presented by States Parties.

8. The Secretary-General of the United Nations shall transmit the
annual reports of the Committee to the States Parties to the present
Convention, the Economic and Social Council, the Commission on Human
Rights of the United Nations, the Director-General of the International
Labour Office and other relevant organizations.

Article 75

1. The Committee shall adopt its own rules of procedure.

2. The Committee shall elect its officers for a term of two years.

3. The Committee shall normally meet annually.

4. The meetings of the Committee shall normally be held at United
Nations Headquarters.

Article 76

1. A State Party to the present Convention may at any time declare
under this article that it recognizes the competence of the Committee to
receive and consider communications to the effect that a State Party
claims that another State Party is not fulfilling its obligations under
the present Convention. Communications under this article may be received
and considered only if submitted by a State Party that has made a
declaration recognizing in regard to itself the competence of the
Committee. No communication shall be received by the Committee if it
concerns a State Party which has not made such a declaration.
Communications received under this article shall be dealt with in
accordance with the following procedure:

(a) If a State Party to the present Convention considers that another
State Party is not fulfilling its obligations under the present
Convention, it may, by written communication, bring the matter to the
attention of that State Party. The State Party may also inform the
Committee of the matter. Within three months after the receipt of the
communication the receiving State shall afford the State that sent the
communication an explanation, or any other statement in writing
clarifying the matter which should include, to the extent possible and
pertinent, reference to domestic procedures and remedies taken, pending
or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States
Parties concerned within six months after the receipt by the receiving
State of the initial communication, either State shall have the right to
refer the matter to the Committee, by notice given to the Committee and
to the other State;

(c) The Committee shall deal with a matter referred to it only after
it has ascertained that all available domestic remedies have been invoked
and exhausted in the matter, in conformity with the generally recognized
principles of international law. This shall not be the rule where, in the
view of the Committee, the application of the remedies is unreasonably
prolonged;

(d) Subject to the provisions of subparagraph (c) of the present
paragraph, the Committee shall make available its good offices to the
States Parties concerned with a view to a friendly solution of the matter
on the basis of the respect for the obligations set forth in the present
Convention;

(e) The Committee shall hold closed meetings when examining
communications under the present article;

(f) In any matter referred to it in accordance with subparagraph (b)
of the present paragraph, the Committee may call upon the States Parties
concerned, referred to in subparagraph (b), to supply any relevant
information;

(g) The States Parties concerned, referred to in subparagraph (b) of
the present paragraph, shall have the right to be represented when the
matter is being considered by the Committee and to make submissions
orally and/or in writing;

(h) The Committee shall, within twelve months after the date of
receipt of notice under subparagraph (b) of the present paragraph, submit
a report, as follows:

(i) If a solution within the terms of subparagraph (d) of the
present paragraph is reached, the Committee shall confine its
report to a brief statement of the facts and of the solution
reached;

(ii) If a solution within the terms of subparagraph (d) is not
reached, the Committee shall, in its report, set forth the
relevant facts concerning the issue between the States
Parties concerned. The written submissions and record of the
oral submissions made by the States Parties concerned shall
be attached to the report. The Committee may also communicate
only to the States Parties concerned any views that it may
consider relevant to the issue between them.

In every matter, the report shall be communicated to the States Parties
concerned.

2. The provisions of the present article shall come into force when
ten States Parties to the present Convention have made a declaration
under paragraph 1 of the present article. Such declarations shall be
deposited by the States Parties with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States Parties. A
declaration may be withdrawn at any time by notification to the
Secretary-General. Such a withdrawal shall not prejudice the
consideration of any matter that is the subject of a communication
already transmitted under the present article; no further communication
by any State Party shall be received under the present article after the
notification of withdrawal of the declaration has been received by the
Secretary-General, unless the State Party concerned has made a new
declaration.

Author: international

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