International Convention on the Protection of the Rights of all Migrant

 

PART I

Scope and definitions

Article 1

1. The present Convention is applicable, except as otherwise provided
hereafter, to all migrant workers and members of their families without
distinction of any kind such as sex, race, colour, language, religion or
conviction, political or other opinion, national, ethnic or social
origin, nationality, age, economic position, property, marital status,
birth or other status.

2. The present Convention shall apply during the entire migration
process of migrant workers and members of their families, which comprises
preparation for migration, departure, transit and the entire period of
stay and remunerated activity in the State of employment as well as
return to the State of origin or the State of habitual residence.

Article 2

For the purposes of the present Convention:

1. The term “migrant worker”refers to 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.

2. (a) The term “frontier worker”refers to a migrant worker who
retains his or her habitual residence in a neighbouring State to which he
or she normally returns every day or at least once a week;

(b) The term “seasonal worker”refers to a migrant worker whose work
by its character is dependent on seasonal conditions and is performed
only during part of the year;

(c) The term “seafarer”, which includes a fisherman, refers to a
migrant worker employed on board a vessel registered in a State of which
he or she is not a national;

(d) The term “worker on an offshore installation”refers to a migrant
worker employed on an offshore installation that is under the
jurisdiction of a State of which he or she is not a national;

(e) The term “itinerant worker”refers to a migrant worker who, having
his or her habitual residence in one State, has to travel to another
State or States for short periods, owing to the nature of his or her
occupation;

(f) The term “project-tied worker”refers to a migrant worker admitted
to a State of employment for a defined period to work solely on a
specific project being carried out in that State by his or her employer;

(g) The term “specified-employment worker”refers to a migrant worker:

(i) Who has been sent by his or her employer for a restricted and
defined period of time to a State of employment to undertake
a specific assignment or duty; or

(ii) Who engages for a restricted and defined period of time in
work that requires professional, commercial, technical or
other highly specialized skill; or

(iii) Who, upon the request of his or her employer in the State of
employment, engages for a restricted and defined period of
time in work whose nature is transitory or brief;

and who is required to depart from the State of employment either at the
expiration of his or her authorized period of stay, or earlier if he or
she no longer undertakes that specific assignment or duty or engages in
that work;

(h) The term “self-employed worker”refers to a migrant worker who is
engaged in a remunerated activity otherwise than under a contract of
employment and who earns his or her living through this activity normally
working alone or together with members of his or her family, and to any
other migrant worker recognized as self-employed by applicable
legislation of the State of employment or bilateral or multilateral
agreements.

Article 3

The present Convention shall not apply to:

(a) Persons sent or employed by International Organizations and
agencies or persons sent or employed by a State outside its territory to
perform official functions, whose admission and status are regulated by
general international law or by specific international agreements or
conventions;

(b) Persons sent or employed by a State or on its behalf outside its
territory who participate in development programmes and other
co-operation programmes, whose admission and status are regulated by
agreement with the State of employment and who, in accordance with that
agreement, are not considered migrant workers;

(c) Persons taking up residence in a State different from their State
of origin as investors;

(d) Refugees and stateless persons, unless such application is
provided for in the relevant national legislation of, or international
instruments in force for, the State Party concerned;

(e) Students and trainees;

(f) Seafarers and workers on an offshore installation who have not
been admitted to take up residence and engage in a remunerated activity
in the State of employment.

Article 4

For the purposes of the present Convention the term “members of the
family” refers to persons married to migrant workers or having with them
a relationship that, according to applicable law, produces effects
equivalent to marriage, as well as their dependent children and other
dependent persons who are recognized as members of the family by
applicable legislation or applicable bilateral or multilateral agreements
between the States concerned.

Article 5

For the purposes of the present Convention, migrant workers and
members of their families:

(a) Are considered as documented or in a regular situation if they are
authorized to enter, to stay and to engage in a remunerated activity in
the State of employment pursuant to the law of that State and to
international agreements to which that State is a party;

(b) Are considered as non-documented or in an irregular situation if
they do not comply with the conditions provided for in subparagraph (a)
of the present article.

Article 6

For the purposes of the present Convention:

(a) The term “State of origin”means the State of which the person
concerned is a national;

(b) The term “State of employment”means a State where the migrant
worker is to be engaged, is engaged or has been engaged in a remunerated
activity, as the case may be;

(c) The term “State of transit”means any State through which the
person concerned passes on any journey to the State of employment or from
the State of employment to the State of origin or the State of habitual
residence.

 

Author: international

Mentioned in these Entries

Conventions: Chronological Index 1971-1990, Human Rights conventions, International Convention on the Protection of the Rights of all Migrant 10, International Convention on the Protection of the Rights of all Migrant 11, International Convention on the Protection of the Rights of all Migrant 2, International Convention on the Protection of the Rights of all Migrant 3, International Convention on the Protection of the Rights of all Migrant 4, International Convention on the Protection of the Rights of all Migrant 5, International Convention on the Protection of the Rights of all Migrant 6, International Convention on the Protection of the Rights of all Migrant 7, International Convention on the Protection of the Rights of all Migrant 8, International Convention on the Protection of the Rights of all Migrant 9, International Family Law, International Organizations, Refugees.