Committee on the Rights of Migrant Workers to hold twenty-fifth session in Geneva from 29 August to 7 September 2016

Committee on Rights of Migrant Workers 

BACKGROUND RELEASE 

25 August 2016

The twenty-fifth session of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families will take place at the Palais Wilson in Geneva from 29 August until 7 September 2016, during which the Committee will review the implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by Honduras, Niger, Nicaragua, and Sri Lanka, under its simplified procedure.

The session will open at 10 a.m. on Monday, 29 August when the Committee will hear a statement by a representative of the High Commissioner for Human Rights, adopt its agenda and programme of work, and discuss activities undertaken to promote the Convention.  The Committee will hold meetings with non-governmental organizations and human rights institutions, as well as with the United Nations bodies and specialized agencies, and it will also discuss its methods of work, the harmonization of treaty body working methods and other issues arising out of the treaty body strengthening process, pursuant to General Assembly resolution 68/268 on strengthening and enhancing the effective functioning of the human rights treaty body system.

In the afternoon on Monday, 29 August, the Committee will start its consideration of the initial report of Honduras (CMW/C/HND/1), which will continue on Tuesday, 30 August in the morning.  The Committee will then take up the initial report of Niger (CMW/C/NER/1 – available in French) on Tuesday afternoon and conclude its review on Wednesday, 31 August in the morning.  The examination of the initial report of Nicaragua (CMW/C/NIC/1) will commence on Wednesday afternoon and conclude on Thursday, 1 September in the morning.  Finally, the Committee will consider the second periodic report of Sri Lanka (CMW/C/LKA/2) in the afternoon of 1 September and the morning of 2 September.  The Committee reviewed the initial report of Sri Lanka in October 2009 and its concluding observations and recommendations on the report can be found in CMW/C/LKA/CO/2.

The Committee will hold a public meeting with States on Monday, 5 September from 10 a.m. to 12 p.m. at which it will discuss reporting under the Convention, treaty body strengthening and working methods, the joint general comment with the Committee on the Rights of the Child on children in the context of international migration, cooperation with partners and promotional activities.  For the rest of that second week of the session, the Committee will hold private meetings of the Working Group of the Whole, until the public closing of the session in the afternoon of 7 September, at a time yet to be specified. 

Following the consideration of the country reports of Honduras, Niger, Nicaragua, and Sri Lanka, the Committee will adopt concluding observations and recommendations with regard to their implementation of the Convention, which will be published at the end of the session and will be available here.

The Committee will also adopt lists of issues prior to reporting in respect of Ecuador and Mexico.

The public meetings will be webcast live here: http://www.treatybodywebcast.org.

Detailed meeting coverage can be found in English and French on the United Nations Information Service Geneva’s webpage and further information, including copies of the States parties’ reports, all related documentation and the programme of work, are available on the web page of the session.

Background

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families entered into force on 1 July 2003.  The Convention seeks to play a role in preventing and eliminating the exploitation of migrant workers as well as ensuring the protection of their human rights throughout the entire migration process. It provides a set of binding international standards to address the treatment, welfare and human rights of both documented and undocumented migrants, as well as the obligations and responsibilities on the part of sending and receiving States and States of transit.  So far, 48 States have ratified the Convention.

The Committee of 14 experts was created to monitor how States parties to the Convention comply with their obligations under the treaty.  States parties accept the obligation to report to the Committee on the steps they have taken to implement the Convention.  States must report initially within a year of its entry into force for the State concerned, and thereafter every five years.

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

The Convention is applicable 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.  It applies 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.

Listed among their human rights, the Convention states that migrant workers and members of their families shall be free to leave any State, including their State of origin; migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin; the right to life of migrant workers and members of their families shall be protected by law; no migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment; no migrant worker or member of his or her family shall be held in slavery or servitude; and no migrant worker or member of his or her family shall be required to perform forced or compulsory labour.

The Convention also prohibits collective expulsion of migrant workers and members of their families. It further establishes that all migrant workers shall enjoy treatment not less favourable than that which applies to nationals of the State of employment in respect of remuneration and other conditions of work and terms of employment, as well as access to emergency medical care.  Each child of a migrant worker has the basic right of access to education on the basis of equality of treatment with nationals of the State concerned.  Moreover, migrant workers in a regular situation enjoy the right to form associations and trade unions as well as equality of treatment with the nationals of the State in relation to access to educational, social and health services.

The Convention also imposes a series of obligations on States parties in the interest of promoting "sound, equitable, humane and lawful conditions" for the international migration of workers and members of their families.  These requirements include the establishment of policies on migration; the exchange of information with other States parties; the provision of information to employers, workers and their organizations on policies, laws and regulations; and assistance to migrant workers and their families.

Implementation of the Convention

The Convention is monitored by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, consisting of 14 Experts serving in a personal capacity.

States parties accept the obligation to report on the steps they have taken to implement the Convention within a year of its entry into force for the State concerned, and thereafter every five years.  Under the treaty, a State party may also recognize the competence of the Committee to receive and consider communications from or on behalf of individuals within that State's jurisdiction who claim that their rights under the Convention have been violated.

Other International Mechanisms for Protection of Migrants

The Convention reinforces other measures already taken by the United Nations to ensure adequate protection of all migrant workers and their families.  The International Labour Organization has been in the forefront of efforts to secure and maintain a fair deal for migrant workers and their families since the 1920s.  The Special Rapporteur on the human rights of migrants, appointed by the Human Rights Council, is mandated to report and advise on the human rights of migrants by undertaking country visits; acting on individual cases of alleged violations and concerns of a broader, structural nature by sending communications to States; conducting thematic studies and convening expert consultations; contributing to the development of international human rights standards; engaging in advocacy and raising public awareness; and providing advice for technical cooperation.

States Parties to the Convention

The Convention was adopted and opened for signature, ratification and accession by the General Assembly in December 1990.  To date, it has been ratified or acceded to by the following 48 States: Albania, Algeria, Argentina, Azerbaijan, Bangladesh, Belize, Bolivia, Bosnia and Herzegovina, Burkina Faso, Cabo Verde, Chile, Colombia, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Guyana, Honduras, Indonesia, Jamaica, Kyrgyzstan, Lesotho, Libya, Madagascar, Mali, Mauritania, Mexico, Morocco, Mozambique, Nicaragua, Niger, Nigeria, Paraguay, Peru, Philippines, Rwanda, Senegal, Seychelles, Sri Lanka, St. Vincent and the Grenadines, Syria, Tajikistan, Timor-Leste, Turkey, Uganda and Uruguay.

Members of the Committee

The Members of the Committee are Mr. José S. Brillantes (Philippines); Ms. Salome Castellanos Delgado (Honduras); Mr. Pablo Ceriani Cernadas (Argentina); Ms. Fatoumata Abdourhamane Dicko (Mali); Ms. Jasminka Džumhur (Bosnia and Herzegovina); Mr. Ahmed Hassan El-Borai (Egypt); Mr. Abdelhamid El Jamri (Morocco); Mr. Md. Sahidul Haque (Bangladesh); Mr. Prasad Kariyawasam (Sri Lanka); Ms. Khedidia Ladjel (Algeria); Ms. Maria Landazuri de Mora (Ecuador); Mr. Marco Nuñez-Melgar Maguiña (Peru); Mr. Ahmadou Tall (Senegal); and Mr. Can Ünver (Turkey).
 
Mr. Brillantes is the Chairperson.  The Vice Chairpersons are Mr. Ceriani Cernadas, Ms. Dicko, and Ms. Džumhur.  Mr. El Jamri is the Rapporteur.


Proposed Programme of Work
 

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For use of the information media; not an official record

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