Appendix I: International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
| Published date | 01 June 1991 |
| DOI | 10.1177/016934419100900210 |
| Date | 01 June 1991 |
| Subject Matter | Part C: Appendices |
Appendix
I/
International
Convention
on
Migrant
Workers
PART C: APPENDICES
APPENDIX I
INTERNATIONAL CONVENTION ON THE PROTECTION OF THE
RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR
FAMILIES
PREAMBLE
The
States
Parties
to the
present
Convention
Taking
into
account
the principles embodied in the basic instruments of the United
Nations concerning human rights, in particular the UniversalDeclaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights, the International
Covenant on Civiland Political Rights, the International Convention on the Elimination of All
Forms of Racial Discrimination, the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention on the Rights of the Child,
Taking
into
account
the principles and standards set forth in the relevant instruments
elaborated within the framework of the International Labour Organisation, especially the
Conventions concerning Migration for Employment (No. 97) and Migrations in Abusive
Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers
(No. 143), the Recommendations concerning Migration for Employment (No. 86) and Migrant
Workers (No. l.Sl), and the Conventions concerning Forced Labour (No. 29) and the
Abolition of Forced Labour (No. 105),
Reaffirming the importance of the principles contained in the Convention against
Discrimination in Education of the United Nations Educational, Scientific and Cultural
Organization,
Recalling
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Declaration of the Fourth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, the Code of Conduct for Law
Enforcement Officials and the Slavery Conventions,
Recalling
also
that one of the objectives of the International Labour Organisation, as
stated in its Constitution, is the protection of the interests of workers when employed in
countries
other
than their own, as well as the expertise and experience of the said
Organisation in matters related to migrant workers and members of their families,
Recognizing
the importance of the work carried out in connection with migrant workers
and members of their families in various organs of the United Nations system, in particular
in the Commission on Human Rights and the Commission for Social Development. and in the
Food and Agriculture Organization of the United Nations, the United Nations Educational,
Scientific and Cultural Organization and the World Health Organization and in other
international organizations,
Recognizing
also
the progress made by certain States on a regional or bilateral basis
towards the protection of the rights of migrant workers and members of their families as well
as the importance and usefulness of bilateral agreements in this field,
203
NQJfR 2
/1991
Realizingthe importance and extent of the migration phenomenon, which involves millions
of people
and
affects a large number of States in the international community,
Aware
of
the impact of the flows of migrant workerson States and people concerned, and
desiring to establish norms which may contribute to harmonize the attitudes of States through
the acceptance of basic principles concerning the treatment of migrant workers and members
of their families,
Considering
the situation of vulnerability in which migrant workers and members of their
families frequently find themselves owing, among
other
things, to their absence from the State
of origin and to the difficulties they may encounter arising from their presence in the State
of employment,
Convincedthat the rights of migrant workers and members of their families have not been
sufficiently recognized and therefore require appropriate international protection,
Takinginto accountthe fact that migration is often the cause of serious problems for the
members of the families of migrant workers as well as for the workers themselves, in
particular because of the scattering of the family,
Bearing
in mind
that
the human problems involved in migration
are
even more serious in
the case of irregular migration and convinced therefore that appropriate action should be
encouraged in
order
to prevent and eliminate cladestine movements and trafficking in migrant
workers, while at the same time assuring the protection of their fundamental human rights,
Considering
that
workers who
are
non-documented or in an irregular situation are
frequently employed
under
less favourable conditions of work than
other
workers and that
certain employers find this an inducement to seek such labour in
order
to reap the benefits
of unfair competition,
Considering
also that recourse to the employment of migrant workers who are in an
irregular situation will be discouraged if the fundamental human rights of all migrant workers
are
more widely recognized and, moreover, that granting certain additional rights to migrant
workers and members of their families in a regular situation will encourage all migrants and
employers to respect and comply with the laws and procedures established by the States
concerned,
Convinced
therefore
of the need to bring about the international protection of the rights
of all migrant workers and membersof
their
families, reaffirming and establishing basic norms
in a comprehensive convention which could be applied universally,
Have agreedon the following
articles:
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 theirfamilies, which comprises preparation for migration, departure,
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