1. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

2. Migrant Workers Migration Trends
Approximately 175 million international migrants *
Approximately 2.0 % of the world’s population, or one in every 35 persons are international migrants **
* United Nations Population Division, 2000
** International Organization for Migration, 2003

3. Migrant Workers UN Commission on Human Rights
Special Rapporteur on the human rights of migrants
Special Rapporteur on trafficking in persons, especially on women and children
Note No. 1
UN Commission on Human Rights
a) Special Rapporteur on the human rights of migrants: Mr. J.A. Bustamante (Mexico), since August 2005.
The mandate of the Special Rapporteur on the Human Rights of Migrants was created in 1999 by the Commission on Human Rights. The Commission requested the Special Rapporteur to “examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of migrants, including obstacles and difficulties for the return of migrants who are undocumented or in an irregular situation”.
b) Special Rapporteur on trafficking in persons, especially on women and children: Ms. Sigma HUDA (Bangladesh).
The Special Rapporteur on trafficking was created in 2004 by the Commission on Human Rights. It is mandated to make recommendations on ways to uphold the rights of trafficked persons based on gathered and received information from relevant sources. The Special Rapporteur is also mandated to respond effectively to reliable information on possible human rights violations with a view to protecting the human rights of actual or potential victims of trafficking.

4. Migrant Workers About the Convention In December 1990,
the GA adopted the International Convention on the Protection of the Rights of All Migrant Workers and members of Their Families and it was opened for signature by all Member States.

5. Migrant Workers Entry into Force Status of Ratification
The Convention entered into force on 1 July 2003
Status of Ratification
32 States are party to the Convention as of 14 September 2005

6. Migrant Workers Scope of the Convention
A Comprehensive International Treaty
Sets standards that are applicable in individual States Parties
Reflects existing principles established by previous human rights instruments

7. Migrant Workers Scope of the Convention
Defines the rights of migrant workers before departure, in transit, and in the country of employment
Establishes obligations for countries of origin, transit, and employment

8. Migrant Workers Definition of “Migrant Worker”
Article 2, Para. 1:
“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”

9. Migrant Workers MWs are considered either: (a) Documented
Article 5:
(a) 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;

10. Migrant Workers MWs are considered either: (b) Non-Documented
Article 5:
(b) Non-Documented
or in an irregular situation if they do not comply with the conditions provided for in subparagraph (a) of the present article

11. Migrant Workers
Basic Principle
Non-Discrimination

12. Rights of all migrant workers and members of their families
General Human Rights: Such as…
Right to life (Art. 9)
Prohibition of torture or cruel, inhuman or degrading treatment (Art. 10)
Prohibition of slavery (Art. 11)
Freedom of thought, conscience & religion (Art. 12)
Freedom of opinion & expression (Art. 13)
Right to liberty and security of person (Art. 16)

13. Rights of all migrant workers and members of their families
Specific Human Rights: Such as…
Protection from the destruction of IDs and other documents (Art. 21)
Prohibition of collective expulsion (Art. 22)
Right to participate in trade unions (Art. 26)
Right to receive urgent medical care (Art. 28)
Right of child to a name, to registration of birth, to a nationality, and access to education (Art. 29, 30)

14. Rights of documented migrant workers and members of their families
Such as…
Right to form associations and trade unions (Art. 40)
Right to participate in public affairs and elections of their state of origin (Art. 41)
Protection of the unity of the families of migrant workers (Art. 44)

15. Migrant Workers Committee on Migrant Workers:
Article 72, Para 1:
The CMW is the body of independent experts that monitors implementation of the Convention by its States Parties

16. Migrant Workers Committee on Migrant Workers:
Article 72, Para 1:
The CMW is composed of 10 experts
The members are elected by States Parties

17. Migrant Workers Committee on Migrant Workers:
The CMW held its inaugural session in March 2004
The CMW examines States Parties’ reports
The CMW cooperates with other UN agencies and inter-governmental organizations

18. Migrant Workers Duties of States Parties
Article 7:
States Parties undertake, in accordance with the international instruments concerning human rights,
To respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind…

19. Migrant Workers Duties of States Parties
Article 83:
States Parties to the Convention undertake to:
Ensure that migrant workers whose rights have been violated shall have an effective remedy

20. Migrant Workers Duties of States Parties
Article 84:
States Parties to the Convention undertake to:
Adopt the necessary measures to implement the provisions of the Convention

21. Migrant Workers Duties of States Parties
Article 73:
States Parties to the Convention undertake to:
Submit regular reports to the Committee on Migrant Workers (CMW) on how the rights are being implemented

22. Migrant Workers Challenges
1- Promotion of the rights in the Convention
2- Removing obstacles to the ratification of the Convention
3- Implementation