The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW) is a United Nations multilateral human rights treaty that seeks to safeguard the rights and dignity of migrant workers and their families. It was adopted on 18 December 1990, and entered into force on 1 July 2003 after the 20th ratification in March 2003.
As of November 2024, the Convention is in force in 60 countries, primarily migrant-sending nations.
Purpose and Scope
The Convention provides a comprehensive international framework for the protection of migrant workers, both regular and irregular, by affirming their human rights and the rights of their family members.
Core Objectives:
- Guarantee equality of treatment between migrants and nationals, particularly in working conditions
- Protect fundamental human rights of all migrants regardless of status
- Provide guidance to countries to develop fair and humane migration policies
- Combat irregular migration, trafficking, and exploitation
- Promote international cooperation
The Convention applies to all migrant workers and their families, regardless of their legal status, ensuring minimum protection based on international human rights law.
Monitoring and Oversight
The Committee on Migrant Workers (CMW) oversees implementation of the Convention. It is one of the ten UN human rights treaty bodies and monitors state compliance through: - Review of periodic reports submitted by parties - Issuing concluding observations - Accepting individual complaints (if state has accepted competence under Article 77)
Historical and Political Context
UN Secretary-General Kofi Annan (2002):
"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."
The Convention emerged in the context of: - Global labour migration trends - Discrimination and abuse faced by migrant workers - Lack of a comprehensive global standard for migrant rights
Key Provisions
Human Rights Protections
- Article 7: Equal rights regardless of "sex, race, colour, language, religion, political opinion, national, ethnic or social origin..."
- Article 29: Children of migrant workers have the right to a name, birth registration, and nationality
Civil, Political, Economic, Social Rights
- Right to life, liberty, security
- Protection against forced labour, slavery, arbitrary arrest
- Access to remuneration, social security, education, healthcare
- Right to join trade unions
Regular vs Irregular Migrants
- Regular migrants enjoy additional rights, including family reunification and freedom of movement
- Irregular migrants are still entitled to fundamental human rights, such as fair working conditions, emergency medical care, and legal recourse
State Responsibilities
- Prevent clandestine migration and human trafficking
- Combat exploitative practices
- Sanction employers of undocumented migrants
- Educate the public to discourage misleading information about migration
Relation to Other Treaties
- ILO Conventions:
- Migration for Employment Convention (Revised), 1949
- Migrant Workers (Supplementary Provisions) Convention, 1975
- Human rights treaties:
- Universal Declaration of Human Rights
- Convention on the Rights of the Child
- Convention on the Rights of Persons with Disabilities (recalls ICMW in its preamble)
- Forced Labour Conventions of the ILO
Ratification and Parties
As of September 2023: - 60 countries have ratified the Convention - Mostly migrant-sending countries, such as: - Mexico - Morocco - Philippines
These states seek to protect their nationals abroad, particularly in response to mistreatment and exploitation.
Non-Ratifying Countries
- No major migrant-receiving country in Western Europe or North America has ratified the Convention
- Other non-ratifying receiving countries include:
- Australia
- Gulf Arab States
- India
- South Africa
Reasons cited for non-ratification: - Political sensitivity - Concerns about sovereignty over immigration policy - Perceived burden of compliance
2022 Intersessional Panel Discussion
At the Human Rights Council's 50th Session (June–July 2022), an intersessional panel discussed: - Criminalization of migration - Gender-based violence, arbitrary detention, family separation - Discrimination based on personal characteristics (age, gender, disability) - COVID-19 and its impact on migrants
Key Recommendations:
- Create independent monitoring mechanisms
- Improve legal and regulatory frameworks
- Implement protection systems for vulnerable migrants
- Annual panel discussions and increased international cooperation
See Also
- International Labour Organization (ILO)(https://www.ilo.org)
- International Migrants Day (18 December)(https://www.un.org/en/observances/migrants-day)
- International Organization for Migration (IOM)(https://www.iom.int)
- Migration for Employment Convention (Revised), 1949(https://www.ilo.org/global/standards/WCMS_239297/lang--en/index.htm)
- Convention on Domestic Workers(https://www.ilo.org/global/standards/WCMS_146360/lang--en/index.htm)
- Foreign workers and immigration policy
- Universal Declaration of Human Rights(https://www.un.org/en/about-us/universal-declaration-of-human-rights)
External Links
- Full Text of the Convention (English)(https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-protection-rights-all-migrant-workers)
- Signatures and Ratifications(https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-13&chapter=4)
- Committee on Migrant Workers (CMW)(https://www.ohchr.org/en/treaty-bodies/cmw)
- UNESCO Project on the Convention(https://www.unesco.org/en/migration/projects/convention)
- Migrant Forum in Asia(https://mfasia.org/)
- Migrants Rights International(https://migrant-rights.org/)
- 2002 UN International Migration Report(https://www.un.org/development/desa/pd/content/international-migration-report-2002)