The UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CPRMW) entered into force on July 1, 2003.
For the purpose of reviewing the application of the CPRMW, a Committee – also known as a Treaty Body - of 10 experts is elected 6 months after the date of the entry into force. Each State Party has the right to nominate one person from among its own nationals. On July 3, 2003, the UN Secretary General invited all State Parties to submit their candidates. The deadline they received is 3 September 2003. A finalized list of the nominees will be returned to all State Parties one month before the final election of the 10 experts which is scheduled for the second week of December 2003.
The election
The election of the members of the Committee (the experts) is held at a meeting of States Parties convened by the UN Secretary General in New York. Two thirds of the States Parties constitute a quorum. The experts elected to the Committee are the nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of the present voting States Parties. Once the Committee is set up, elections are held every second year.
The members
The members are elected as independent experts and serve in their personal capacity for a term of four years. The term of five of the members elected in the very first election expire at the end of two years. Immediately at the first election, the names of these five members will be chosen by lot by the Chairman of the meeting.
Once the Convention is ratified or acceded by 41 countries, 4 additional members will be elected. All members are eligible for re-election if renominated.
If a member dies or resigns or declares any other cause why she or he can no longer perform the duties of the Committee, the State Party that nominated the expert will appoint another expert from among its own nationals for the remaining part of the term. The new appointment is subject to the approval of the Committee.
The members receive emoluments for UN resources on such terms and conditions as the General Assembly decides.
Current membership in the existing 6 treaty bodies shows two main flaws. Although independence is requested, an average of 50% of the persons elected to treaty bodies are employed in some capacity by their governments. In four of the 6 treaty bodies, representation of women experts is less than 20%.
Staff and facilities
The UN Secretary General provides the necessary staff and facilities for the effective performance of the functions of the Committee. The staff usually consists of 2 persons.
State Party Reporting obligations
Within the year of entry into force of the Convention, the State Parties must submit their first a report. Thereafter every five years and whenever the Committee so requests.
Content of the reports
States Parties must submit a report on the legislative, judicial, administrative and other measures that give effect to the provisions of the Convention. It must indicate factors and difficulties, in any, affecting the implementation of the Convention and include information on characteristics of migration flows in which the State Party concerned is involved. The Committee decides at the start of its mandate on any further guidelines applicable to the content of the reports and on the way these reports should be presented.
Role of NGOs
Note that the present list of State Parties do not have a good record of submitting reports to the other Conventions they ratified or acceded. States having ratified the Migrant Rights Convention must be reminded about their forthcoming reporting obligations. NGOs should try to give direct input into the drafting process for country reports. Parallel to this, they should also draft focused, succinct and accurate complementary background information for the information of Committee members. States will rarely objectively indicate the problem areas in implementing the Convention. NGO involvement should be done on the basis of strong expertise and technical knowledge, as part of a dialogue and in a spirit of cooperation. Treaty bodies are not tribunals and do not condemn, but they are a unique tool for measuring respect of international obligations by governments.
NGOs have two main roles in relation to UN treaty bodies: to supply information on States failures to respect their obligations under the relevant treaty; and to publicize the conclusions and recommendations of the Committee at the national level and monitor and assist their government in fulfilling those recommendations. In order to do this, NGOs must become thoroughly familiar with the Convention, and be ready to commit time and mobilize resources.
States that do have problems on how to write such a report, should contact Mr. Alessio Bruni at the Office of the UN High Commissioner on Human Rights (abruni.hchr@unog.ch) to get information on possible technical support.
Important: Not one of the present State Parties have to-date recognized the competence of the Committee to receive and consider individual cases and State Party claims that another State Party is not fulfilling its obligations under the present Convention. While it is very important to continue to advocate for more ratifications, NGOs could also make it a priority to lobby their government and others that ratified the Convention to recognize both articles.
