In depth I  Convention on rights of migrants
Migrant workers: a guide for NGOs
Source: December 18
A Guide for Non-Governmental Organisations on the Implementation of the UN Migrant Workers’ Convention is a handbook prepared by December 18 for the International NGO Platform on the Migrant Workers ’ Convention (IPMWC). Pdf format, December 2005.[see more]
 
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II World Social Forum on Migrations - June 2006

The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families came into force on 1 July 2003. It was approved in 1990, but its entry into force required ratification by 20 states party. Thirteen years later, when Guatemala ratified the Convention on March 13, this threshold was reached.

The World Migration Report 2003 (published by the International Organization for Migration) estimates that 2.9% of the world's population -175 million people or one person in 35- are migrants largely motivated by a desire for economic betterment.

Migrants constitute an extremely vulnerable group. The fundamental human rights of migrants are too easily violated or ignored. This is most true for those who do not qualify for one of the categories (e.g. citizen, refugee, registered foreign worker, student) that normally secure people legal protection. This situation has been aggravated by fears of terrorism and economic insecurity.

Against this backdrop the Convention came into force. It was a long process that involved active international campaigning and mobilization. In 1998 a Global Campaign was launched and a Steering Committee was set up. This is an alliance of intergovernmental agencies and international church, labour, human rights, migrants and women's organizations that provides information about the Convention and promotes cooperation for universal ratification of the Convention.

Previous UN Conferences, such as the World Conference Against Racism (WCAR), also contributed to rise awareness on the Convention. The discrimination to which migrants are constantly exposed brought migrants' rights activists to the Conference.

With regards to the weaknesses of the Convention, despite the entering into force there is a low number of ratifications. No Western migrant-receiving country has ratified it, even though the majority of migrant workers live in Europe and North America. Other important receiving countries, such as India, Japan, Australia and the Gulf States, have not ratified the Convention either.

Another weak point is that migrant workers remain dependent upon the receiving State for protection of their rights. It also has been pointed out that the Convention fails to recognize the special problems of women migrant workers and child workers.

This Convention is not the first international instrument that aims at protecting migrant workers’ rights. There are two ILO conventions (from 1949 and 1975) that set standards for this special category of workers. Although many developed countries have ratified them, compliance with these previous regulations has been poor.

Nothing indicates that this situation will change with the entry into force of the UN Convention. It is, however, an additional tool that non-governmental organizations can use to their advantage in their advocacy work. One of the most delayed UN instruments is now a reality.

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 The convention
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 Analysis and opinions
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 Entry into force: the campaign
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After the Convention was approved, it was necessary to carry out an international Campaign for its entry into force. As the minimum number of ratifications has been achieved, the Campaign now aims at widening the scope of the Convention with more ratifications, especially from developed countries.
  • 18 December 2004: International Migrants Day
    Source: MRI
    Call for universal ratification of the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. For those States that are Parties to the Convention, there is a call on their obligation implement the Convention, while at the same time enjoining the support and participation of members of civil society and migrant organizations in monitoring its implementation.
 
 Entry into force: articles and statements
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Several actors commented on the significance of this stage and the actions to be taken to achieve its full implementation. Many of these articles were taken from the December 18 website.
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    Source: December 18
    “Entry into force of this Convention offers an opportunity to commit towards increasing cooperation and joint activity to protect the human rights and dignity of migrants worldwide” (pdf format).
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    Source: ICFTU
    While the entry into force is being hailed by the ICFTU as a major breakthrough for migrant workers, the organization is concerned that none of the major immigrant “receiving” countries in North America and Europe, where 60% of the world’s migrants live, have ratified it.
  • Press release by Migrants Rights International
    Source: Migrants Rights International
    "It took almost thirteen years for this important instrument to become part of international law. And these years involved a lot of campaigning from among civil society organizations in all parts of the world, actively promoting and popularizing the Convention and urging their governments to ratify”, said MRI’s international coordinator.
  • IOM welcomes the entry into force of the Convention
    Source: IOM
    "The Convention can make an important contribution to efforts to promote effective migration management. Protecting the rights of migrant workers is a key element of a comprehensive approach to managing migration that meets the needs of an increasingly mobile population," said IOM's Director General Brunson McKinley.
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    Source: PMR´W
    To celebrate the entry into force PMRW held a forum, “Upholding Migrants’ Rights”, on 1 July.
  • Migrant workers: a guide for NGOs
    Source: December 18
    This Guide aims at enabling national or regional non-governmental organisations (NGOs),coalitions and individual organisations to effectively use the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families as a tool for the promotion and protection. Pdf format, August 2005.
 
 The role of ILO
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 WCAR and migration
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 UN and inter-agency information
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 Steering Committee: intergovernmental organizations
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 Steering Committee: civil society organizations
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 Statements
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 On migration
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