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

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The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is a United Nations multilateral treaty governing the protection of migrant workers and families. Signed on 18 December 1990, it entered into force on 1 July 2003 after the threshold of 20 ratifying States was reached in March 2003. The Committee on Migrant Workers (CMW) monitors implementation of the convention, and is one of the seven UN-linked human rights treaty bodies. The convention applies as of November 2024 in 60 countries.

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
image
States parties and signatories to the treaty:
  Parties
  Signatories
Signed18 December 1990
LocationNew York
Effective1 July 2003
Condition20 ratifications
Signatories40
Parties60
DepositarySecretary-General of the United Nations
LanguagesArabic, Chinese, English, French, Russian and Spanish

Context

In his 9 November 2002 report on strengthening the organization, United Nations Secretary-General Kofi Annan wrote: "It is time to take a more comprehensive look at the various dimensions of the migration issue, which now involves hundreds of millions of people, and affects countries of origin, transit and destination. We need to understand better the causes of international flows of people and their complex interrelationship with development."

Overview

The United Nations Convention constitutes a comprehensive international treaty regarding the protection of migrant workers' rights. It emphasizes the connection between migration and human rights, which is increasingly becoming a crucial policy topic worldwide. The Convention aims at protecting migrant workers and members of their families; its existence sets a moral standard, and serves as a guide and stimulus for the promotion of migrant rights in each country.

In the Preamble, the Convention recalls conventions by International Labour Organization on migrant workers: Migration for Employment Convention (Revised), 1949, Migrant Workers (Supplementary Provisions) Convention, 1975, and on forced labour; Forced Labour Convention and Abolition of Forced Labour Convention as well as international human rights treaties including Convention against Discrimination in Education.

The primary objective of the Convention is to foster respect for migrants' human rights. Migrants are not only workers, they are also human beings. The Convention does not create new rights for migrants but aims at guaranteeing equality of treatment, and the same working conditions, including in case of temporary work, for migrants and nationals. The Convention innovates because it relies on the fundamental notion that all migrants should have access to a minimum degree of protection. The Convention recognizes that regular migrants have the legitimacy to claim more rights than irregular immigrants, but it stresses that irregular migrants must see their fundamental human rights respected, like all human beings.

In the meantime, the Convention proposes that actions be taken to eradicate clandestine movements, notably through the fight against misleading information inciting people to migrate irregularly, and through sanctions against traffickers and employers of undocumented migrants.

Article 7 of this Convention protects the rights of migrant workers and their families regardless of "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". And Article 29 protects rights of child of migrant worker to name, to registration of birth and to a nationality.

This Convention is also recalled by the Convention on the Rights of Persons with Disabilities at the Preamble.

Parties and signatories

As of September 2023 countries that have ratified the Convention are primarily countries of origin of migrants (such as Mexico, Morocco, and the Philippines). For these countries, the Convention is an important vehicle to protect their citizens living abroad. In the Philippines, for example, ratification of the Convention took place in a context characterized by several cases of Filipino workers being mistreated abroad: such cases hurt the Filipino population and prompted the ratification of the Convention. However, these countries are also transit and destination countries, and the Convention delineates their responsibility to protect the rights of migrants in their territory, and they have done little to protect those at home.

No migrant-receiving state in Western Europe or North America has ratified the Convention. Other important receiving countries, such as Australia, Arab states of the Persian Gulf, India and South Africa have not ratified the Convention.

Parties
Signatories
Non-signatories






World population covered by the treaty
Legend Population Per.
  Parties
 1,830,978,000 23.49%
  Signatories
 83,145,000 1.07%
  Non-signatories
 5,880,676,000 75.44%
Parties and signatories
State Status Signature Deposit Method Population
image Albania Party 5 June 2007 Accession 2,878,000
image Algeria Party 21 April 2005 Accession 43,851,000
image Argentina Party 10 August 2004 23 February 2007 Ratification 45,196,000
image Armenia Signatory 26 September 2013 2,963,000
image Azerbaijan Party 11 January 1999 Accession 10,139,000
image Bangladesh Party 7 October 1998 24 August 2011 Ratification 164,689,000
image Belize Party 14 November 2001 Accession 398,000
image Benin Party 15 September 2005 6 July 2018 Ratification 12,123,000
image Bolivia Party 16 October 2000 Accession 11,673,000
image Bosnia and Herzegovina Party 13 December 1996 Accession 3,281,000
image Burkina Faso Party 16 November 2001 26 November 2003 Ratification 20,903,000
image Cabo Verde Party 16 September 1997 Accession 556,000
image Cambodia Signatory 27 September 2004 16,719,000
image Cameroon Signatory 15 December 2009 26,546,000
image Chad Party 26 September 2012 22 February 2022 Ratification 16,426,000
image Chile Party 24 September 1993 21 March 2005 Ratification 19,116,000
image Colombia Party 24 May 1995 Accession 50,883,000
image Comoros Signatory 22 September 2000 870,000
image Congo, Republic of the Party 29 September 2008 31 March 2017 Ratification 5,518,000
image Côte d'Ivoire Party 26 September 2023 Accession 25,717,000
image Ecuador Party 5 February 2002 Accession 17,643,000
image Egypt Party 19 February 1993 Accession 102,334,000
image El Salvador Party 13 September 2002 14 March 2003 Ratification 6,486,000
image Fiji Party 19 August 2019 Accession 896,000
image Gabon Signatory 15 December 2004 2,226,000
image Gambia Party 20 September 2017 28 September 2018 Ratification 2,417,000
image Ghana Party 7 September 2000 7 September 2000 Ratification 31,073,000
image Guatemala Party 7 September 2000 14 March 2003 Ratification 17,916,000
image Guinea Party 7 September 2000 Accession 13,133,000
image Guinea-Bissau Party 12 September 2000 22 October 2018 Ratification 1,968,000
image Guyana Party 15 September 2005 7 July 2010 Ratification 787,000
image Haiti Signatory 5 December 2013 11,403,000
image Honduras Party 9 August 2005 Accession 9,905,000
image Indonesia Party 22 September 2004 31 May 2012 Ratification 273,524,000
image Jamaica Party 25 September 2008 25 September 2008 Ratification 2,961,000
image Kyrgyzstan Party 29 September 2003 Accession 6,524,000
image Lesotho Party 24 September 2004 16 September 2005 Ratification 2,142,000
image Liberia Signatory 22 September 2004 5,058,000
image Libya Party 18 June 2004 Accession 6,871,000
image Madagascar Party 24 September 2014 13 May 2015 Ratification 27,691,000
image Malawi Party 23 September 2022 23 September 2022 Ratification 19,130,000
image Mali Party 5 June 2003 Accession 20,251,000
image Mauritania Party 22 January 2007 Accession 4,650,000
image Mexico Party 22 May 1991 8 March 1999 Ratification 128,933,000
image Montenegro Signatory 23 October 2006 628,000
image Morocco Party 15 August 1991 21 June 1993 Ratification 36,911,000
image Mozambique Party 15 March 2012 19 August 2013 Ratification 31,255,000
image Nicaragua Party 26 October 2005 Accession 6,625,000
image Niger Party 18 March 2009 Accession 24,207,000
image Nigeria Party 27 July 2009 Accession 206,140,000
image Palau Signatory 20 September 2011 18,000
image Paraguay Party 13 September 2000 23 September 2008 Ratification 7,133,000
image Peru Party 22 September 2004 14 September 2005 Ratification 32,972,000
image Philippines Party 15 November 1993 5 July 1995 Ratification 109,581,000
image Rwanda Party 15 December 2008 Accession 12,952,000
image São Tomé and Príncipe Party 6 September 2000 10 January 2017 Ratification 219,000
image Senegal Party 9 June 1999 Accession 16,744,000
image Serbia Signatory 11 November 2004 8,737,000
image Seychelles Party 15 December 1994 Accession 98,000
image Sierra Leone Signatory 15 September 2000 7,977,000
image Sri Lanka Party 11 March 1996 Accession 21,413,000
image Saint Vincent and the Grenadines Party 29 October 2010 Accession 111,000
image Syria Party 2 June 2005 Accession 17,501,000
image Tajikistan Party 7 September 2000 8 January 2002 Ratification 9,538,000
image Timor-Leste Party 30 January 2004 Accession 1,318,000
image Togo Party 15 November 2001 16 December 2020 Ratification 8,279,000
image Turkey Party 13 January 1999 27 September 2004 Ratification 84,339,000
image Uganda Party 14 November 1995 Accession 45,741,000
image Uruguay Party 15 February 2001 Accession 3,474,000
image Venezuela Party 4 October 2011 25 October 2016 Ratification 28,436,000
image Zimbabwe Party 5 November 2024 Accession 30,965,000

Intersessional panel discussion

In June/July 2022, at the Human Rights Council Fiftieth session, the Human Rights Council held an Intersessional panel discussion on the human rights of migrants in vulnerable situations that were previously stated under 35/17 and 47/12 resolutions. The High Commissioner pointed out concerns related to the criminalization of migration, gender-based violence, arbitrary detention, family separation, loss of lives, harmful and dehumanizing narratives, and pervasive discrimination owing to personal factors, including age, gender, or disability. The broader impact of COVID-19 was also highlighted. Statements were provided by panelists reiterating that all migrants, regardless of status, were entitled to all human rights. Concerns on situations of vulnerability that migrants encountered in transit and at borders and violence perpetrated against migrants, including by State and non-State actors were also referred. Calls were made for independent mechanisms to monitor human rights violations, increase attention to the human rights of migrants, the importance of international cooperation, and the need to translate these rights into adequate legal and regulatory provisions. Additional recommendations included the need for implementing comprehensive protection regimes to identify and address situations of vulnerability in the process of migration. Remarks were made on the need for the international community to understand the root causes of migration and the challenges associated with it, and the range of measures that are needed to respond adequately to those challenges. Annual panel discussions were suggested by the High Commissioner.

See also

  • Convention on domestic workers
  • Foreign worker
  • Immigration
  • International Labour Organization
  • International Migrants Day
  • International Organization for Migration
  • Migrant workers
  • Migration for Employment Convention (Revised), 1949
  • Migrant Workers (Supplementary Provisions) Convention, 1975
  • Universal Declaration of Human Rights

Notes

  1. Population figures are 2020 mid-year medium-variant projections from the United Nations World Population Prospects 2019.

References

  1. "13. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. New York, 18 December 1990". UN Treaty base. Retrieved 2 August 2021.
  2. "United Nations Maintenance Page". UN. Retrieved 2 January 2020.
  3. Kinnear, Karen L. (2011). Women in Developing Countries: A Reference Handbook. ABC-CLIO. p. 184. ISBN 9781598844252.
  4. Convention on the Rights of Persons with Disabilities: Preamble,(d)
  5. Palmer, Wayne; Missbach, Antje (4 May 2019). "Enforcing labour rights of irregular migrants in Indonesia". Third World Quarterly. 40 (5): 908–925. doi:10.1080/01436597.2018.1522586. ISSN 0143-6597.
  6. Palmer, Wayne (2018). "Back Pay for Trafficked Migrant Workers: An Indonesian Case Study". International Migration. 56 (2): 56–67. doi:10.1111/imig.12376.
  7. "World Population Prospects 2019: Volume I: Comprehensive Tables" (PDF). United Nations. 2019. pp. 23–32. Archived from the original (PDF) on 9 February 2022. Retrieved 13 February 2022.
  8. "Intersessional panel discussion on the human rights of migrants in vulnerable situations, 21 February 2022". United Nations. 21 February 2022. Retrieved 2 October 2022.
  9. Human Rights Council (21 February 2022). Summary of the intersessional panel discussion on the human rights of migrants in vulnerable situations; Report of the Office of the United Nations High Commissioner for Human Rights (Report). United Nations. A/HRC/50/52. Retrieved 2 October 2022.

External links

  • Full text of the Convention (English)
  • Full text of the Convention (Spanish)
  • Signatures and ratifications
  • The Committee on Migrant Workers (which monitors the implementation of the convention)
  • The 2002 International Migration Report published by the United Nations Department of Economic and Social Affairs/Population Division
  • Special Rapporteur on the Human Rights of Migrants
  • UNESCO Programme on International Migration and Multicultural Policies: Project on the UN Convention on Migrants’ Rights
  • International Labour Organization
  • International Organization for Migration
  • Migrants Rights International
  • Migrant Forum in Asia
  • Declaration on the Rights of Expelled and Deported Persons

Author: www.NiNa.Az

Publication date: Apr 30, 2025 / 18:57

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This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Migrant Workers Convention news newspapers books scholar JSTOR December 2010 Learn how and when to remove this message The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is a United Nations multilateral treaty governing the protection of migrant workers and families Signed on 18 December 1990 it entered into force on 1 July 2003 after the threshold of 20 ratifying States was reached in March 2003 The Committee on Migrant Workers CMW monitors implementation of the convention and is one of the seven UN linked human rights treaty bodies The convention applies as of November 2024 in 60 countries International Convention on the Protection of the Rights of All Migrant Workers and Members of Their FamiliesStates parties and signatories to the treaty Parties SignatoriesSigned18 December 1990LocationNew YorkEffective1 July 2003Condition20 ratificationsSignatories40Parties60DepositarySecretary General of the United NationsLanguagesArabic Chinese English French Russian and SpanishContextIn his 9 November 2002 report on strengthening the organization United Nations Secretary General Kofi Annan wrote It is time to take a more comprehensive look at the various dimensions of the migration issue which now involves hundreds of millions of people and affects countries of origin transit and destination We need to understand better the causes of international flows of people and their complex interrelationship with development OverviewThe United Nations Convention constitutes a comprehensive international treaty regarding the protection of migrant workers rights It emphasizes the connection between migration and human rights which is increasingly becoming a crucial policy topic worldwide The Convention aims at protecting migrant workers and members of their families its existence sets a moral standard and serves as a guide and stimulus for the promotion of migrant rights in each country In the Preamble the Convention recalls conventions by International Labour Organization on migrant workers Migration for Employment Convention Revised 1949 Migrant Workers Supplementary Provisions Convention 1975 and on forced labour Forced Labour Convention and Abolition of Forced Labour Convention as well as international human rights treaties including Convention against Discrimination in Education The primary objective of the Convention is to foster respect for migrants human rights Migrants are not only workers they are also human beings The Convention does not create new rights for migrants but aims at guaranteeing equality of treatment and the same working conditions including in case of temporary work for migrants and nationals The Convention innovates because it relies on the fundamental notion that all migrants should have access to a minimum degree of protection The Convention recognizes that regular migrants have the legitimacy to claim more rights than irregular immigrants but it stresses that irregular migrants must see their fundamental human rights respected like all human beings In the meantime the Convention proposes that actions be taken to eradicate clandestine movements notably through the fight against misleading information inciting people to migrate irregularly and through sanctions against traffickers and employers of undocumented migrants Article 7 of this Convention protects the rights of migrant workers and their families regardless of 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 And Article 29 protects rights of child of migrant worker to name to registration of birth and to a nationality This Convention is also recalled by the Convention on the Rights of Persons with Disabilities at the Preamble Parties and signatoriesAs of September 2023 countries that have ratified the Convention are primarily countries of origin of migrants such as Mexico Morocco and the Philippines For these countries the Convention is an important vehicle to protect their citizens living abroad In the Philippines for example ratification of the Convention took place in a context characterized by several cases of Filipino workers being mistreated abroad such cases hurt the Filipino population and prompted the ratification of the Convention However these countries are also transit and destination countries and the Convention delineates their responsibility to protect the rights of migrants in their territory and they have done little to protect those at home No migrant receiving state in Western Europe or North America has ratified the Convention Other important receiving countries such as Australia Arab states of the Persian Gulf India and South Africa have not ratified the Convention PartiesSignatoriesNon signatoriesWorld population covered by the treaty Legend Population Per Parties 1 830 978 000 23 49 Signatories 83 145 000 1 07 Non signatories 5 880 676 000 75 44 Parties and signatories State Status Signature Deposit Method Population Albania Party 5 June 2007 Accession 2 878 000 Algeria Party 21 April 2005 Accession 43 851 000 Argentina Party 10 August 2004 23 February 2007 Ratification 45 196 000 Armenia Signatory 26 September 2013 2 963 000 Azerbaijan Party 11 January 1999 Accession 10 139 000 Bangladesh Party 7 October 1998 24 August 2011 Ratification 164 689 000 Belize Party 14 November 2001 Accession 398 000 Benin Party 15 September 2005 6 July 2018 Ratification 12 123 000 Bolivia Party 16 October 2000 Accession 11 673 000 Bosnia and Herzegovina Party 13 December 1996 Accession 3 281 000 Burkina Faso Party 16 November 2001 26 November 2003 Ratification 20 903 000 Cabo Verde Party 16 September 1997 Accession 556 000 Cambodia Signatory 27 September 2004 16 719 000 Cameroon Signatory 15 December 2009 26 546 000 Chad Party 26 September 2012 22 February 2022 Ratification 16 426 000 Chile Party 24 September 1993 21 March 2005 Ratification 19 116 000 Colombia Party 24 May 1995 Accession 50 883 000 Comoros Signatory 22 September 2000 870 000 Congo Republic of the Party 29 September 2008 31 March 2017 Ratification 5 518 000 Cote d Ivoire Party 26 September 2023 Accession 25 717 000 Ecuador Party 5 February 2002 Accession 17 643 000 Egypt Party 19 February 1993 Accession 102 334 000 El Salvador Party 13 September 2002 14 March 2003 Ratification 6 486 000 Fiji Party 19 August 2019 Accession 896 000 Gabon Signatory 15 December 2004 2 226 000 Gambia Party 20 September 2017 28 September 2018 Ratification 2 417 000 Ghana Party 7 September 2000 7 September 2000 Ratification 31 073 000 Guatemala Party 7 September 2000 14 March 2003 Ratification 17 916 000 Guinea Party 7 September 2000 Accession 13 133 000 Guinea Bissau Party 12 September 2000 22 October 2018 Ratification 1 968 000 Guyana Party 15 September 2005 7 July 2010 Ratification 787 000 Haiti Signatory 5 December 2013 11 403 000 Honduras Party 9 August 2005 Accession 9 905 000 Indonesia Party 22 September 2004 31 May 2012 Ratification 273 524 000 Jamaica Party 25 September 2008 25 September 2008 Ratification 2 961 000 Kyrgyzstan Party 29 September 2003 Accession 6 524 000 Lesotho Party 24 September 2004 16 September 2005 Ratification 2 142 000 Liberia Signatory 22 September 2004 5 058 000 Libya Party 18 June 2004 Accession 6 871 000 Madagascar Party 24 September 2014 13 May 2015 Ratification 27 691 000 Malawi Party 23 September 2022 23 September 2022 Ratification 19 130 000 Mali Party 5 June 2003 Accession 20 251 000 Mauritania Party 22 January 2007 Accession 4 650 000 Mexico Party 22 May 1991 8 March 1999 Ratification 128 933 000 Montenegro Signatory 23 October 2006 628 000 Morocco Party 15 August 1991 21 June 1993 Ratification 36 911 000 Mozambique Party 15 March 2012 19 August 2013 Ratification 31 255 000 Nicaragua Party 26 October 2005 Accession 6 625 000 Niger Party 18 March 2009 Accession 24 207 000 Nigeria Party 27 July 2009 Accession 206 140 000 Palau Signatory 20 September 2011 18 000 Paraguay Party 13 September 2000 23 September 2008 Ratification 7 133 000 Peru Party 22 September 2004 14 September 2005 Ratification 32 972 000 Philippines Party 15 November 1993 5 July 1995 Ratification 109 581 000 Rwanda Party 15 December 2008 Accession 12 952 000 Sao Tome and Principe Party 6 September 2000 10 January 2017 Ratification 219 000 Senegal Party 9 June 1999 Accession 16 744 000 Serbia Signatory 11 November 2004 8 737 000 Seychelles Party 15 December 1994 Accession 98 000 Sierra Leone Signatory 15 September 2000 7 977 000 Sri Lanka Party 11 March 1996 Accession 21 413 000 Saint Vincent and the Grenadines Party 29 October 2010 Accession 111 000 Syria Party 2 June 2005 Accession 17 501 000 Tajikistan Party 7 September 2000 8 January 2002 Ratification 9 538 000 Timor Leste Party 30 January 2004 Accession 1 318 000 Togo Party 15 November 2001 16 December 2020 Ratification 8 279 000 Turkey Party 13 January 1999 27 September 2004 Ratification 84 339 000 Uganda Party 14 November 1995 Accession 45 741 000 Uruguay Party 15 February 2001 Accession 3 474 000 Venezuela Party 4 October 2011 25 October 2016 Ratification 28 436 000 Zimbabwe Party 5 November 2024 Accession 30 965 000Intersessional panel discussionIn June July 2022 at the Human Rights Council Fiftieth session the Human Rights Council held an Intersessional panel discussion on the human rights of migrants in vulnerable situations that were previously stated under 35 17 and 47 12 resolutions The High Commissioner pointed out concerns related to the criminalization of migration gender based violence arbitrary detention family separation loss of lives harmful and dehumanizing narratives and pervasive discrimination owing to personal factors including age gender or disability The broader impact of COVID 19 was also highlighted Statements were provided by panelists reiterating that all migrants regardless of status were entitled to all human rights Concerns on situations of vulnerability that migrants encountered in transit and at borders and violence perpetrated against migrants including by State and non State actors were also referred Calls were made for independent mechanisms to monitor human rights violations increase attention to the human rights of migrants the importance of international cooperation and the need to translate these rights into adequate legal and regulatory provisions Additional recommendations included the need for implementing comprehensive protection regimes to identify and address situations of vulnerability in the process of migration Remarks were made on the need for the international community to understand the root causes of migration and the challenges associated with it and the range of measures that are needed to respond adequately to those challenges Annual panel discussions were suggested by the High Commissioner See alsoConvention on domestic workers Foreign worker Immigration International Labour Organization International Migrants Day International Organization for Migration Migrant workers Migration for Employment Convention Revised 1949 Migrant Workers Supplementary Provisions Convention 1975 Universal Declaration of Human RightsNotesPopulation figures are 2020 mid year medium variant projections from the United Nations World Population Prospects 2019 References 13 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families New York 18 December 1990 UN Treaty base Retrieved 2 August 2021 United Nations Maintenance Page UN Retrieved 2 January 2020 Kinnear Karen L 2011 Women in Developing Countries A Reference Handbook ABC CLIO p 184 ISBN 9781598844252 Convention on the Rights of Persons with Disabilities Preamble d Palmer Wayne Missbach Antje 4 May 2019 Enforcing labour rights of irregular migrants in Indonesia Third World Quarterly 40 5 908 925 doi 10 1080 01436597 2018 1522586 ISSN 0143 6597 Palmer Wayne 2018 Back Pay for Trafficked Migrant Workers An Indonesian Case Study International Migration 56 2 56 67 doi 10 1111 imig 12376 World Population Prospects 2019 Volume I Comprehensive Tables PDF United Nations 2019 pp 23 32 Archived from the original PDF on 9 February 2022 Retrieved 13 February 2022 Intersessional panel discussion on the human rights of migrants in vulnerable situations 21 February 2022 United Nations 21 February 2022 Retrieved 2 October 2022 Human Rights Council 21 February 2022 Summary of the intersessional panel discussion on the human rights of migrants in vulnerable situations Report of the Office of the United Nations High Commissioner for Human Rights Report United Nations A HRC 50 52 Retrieved 2 October 2022 External linksFull text of the Convention English Full text of the Convention Spanish Signatures and ratifications The Committee on Migrant Workers which monitors the implementation of the convention The 2002 International Migration Report published by the United Nations Department of Economic and Social Affairs Population Division Special Rapporteur on the Human Rights of Migrants UNESCO Programme on International Migration and Multicultural Policies Project on the UN Convention on Migrants Rights International Labour Organization International Organization for Migration Migrants Rights International Migrant Forum in Asia Declaration on the Rights of Expelled and Deported Persons

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