Article 50
1. In the case of death of a migrant worker or dissolution of
marriage, the State of employment shall favourably consider granting
family members of that migrant worker residing in that State on the basis
of family reunion an authorization to stay; the State of employment shall
take into account the length of time they have already resided in that
State.
2. Members of the family to whom such authorization is not granted
shall be allowed before departure a reasonable period of time in order to
enable them to settle their affairs in the State of employment.
3. The provisions of paragraphs 1 and 2 of the present article may
not be interpreted as adversely affecting any right to stay and work
otherwise granted to such family members by the legislation of the State
of employment or by bilateral and multilateral treaties applicable to that
State.
Article 51
Migrant workers who in the State of employment are not permitted freely
to choose their remunerated activity shall neither be regarded as in an
irregular situation nor shall they lose their authorization of residence
by the mere fact of the termination of their remunerated activity prior to
the expiration of their work permit, except where the authorization of
residence is expressly dependent upon the specific remunerated activity
for which they were admitted. Such migrant workers shall have the right to
seek alternative employment, participation in public work schemes and
retraining during the remaining period of their authorization to work,
subject to such conditions and limitations as are specified in the
authorization to work.
Article 52
1. Migrant workers in the State of employment shall have the right
freely to choose their remunerated activity, subject to the following
restrictions or conditions.
2. For any migrant worker a State of employment may:
( a ) Restrict access to limited categories of employment,
functions, services or activities where this is necessary in the interests
of this State and provided for by national legislation;
( b ) Restrict free choice of remunerated activity in accordance
with its legislation concerning recognition of occupational qualifications
acquired outside its territory. However, States Parties concerned shall
endeavour to provide for recognition of such qualifications.
3. For migrant workers whose permission to work is limited in
time, a State of employment may also:
( a ) Make the right freely to choose their remunerated activities
subject to the condition that the migrant worker has resided lawfully in
its territory for the purpose of remunerated activity for a period of time
prescribed in its national legislation that should not exceed two years;
( b ) Limit access by a migrant worker to remunerated activities
in pursuance of a policy of granting priority to its nationals or to
persons who are assimilated to them for these purposes by virtue of
legislation or bilateral or multilateral agreements. Any such limitation
shall cease to apply to a migrant worker who has resided lawfully in its
territory for the purpose of remunerated activity for a period of time
prescribed in its national legislation that should not exceed five years.
4. States of employment shall prescribe the conditions under which
a migrant worker who has been admitted to take up employment may be
authorized to engage in work on his or her own account. Account shall be
taken of the period during which the worker has already been lawfully in
the State of employment.
Article 53
1. Members of a migrant worker's family who have themselves an
authorization of residence or admission that is without limit of time or
is automatically renewable shall be permitted freely to choose their
remunerated activity under the same conditions as are applicable to the
said migrant worker in accordance with article 52 of the present
Convention.
2. With respect to members of a migrant worker's family who are
not permitted freely to choose their remunerated activity, States Parties
shall consider favourably granting them priority in obtaining permission
to engage in a remunerated activity over other workers who seek admission
to the State of employment, subject to applicable bilateral and
multilateral agreements.
Article 54
1. Without prejudice to the terms of their authorization of
residence or their permission to work and the rights provided for in
articles 25 and 27 of the present Convention, migrant workers shall enjoy
equality of treatment with nationals of the State of employment in respect
of:
( a ) Protection against dismissal;
( b ) Unemployment benefits;
( c ) Access to public work schemes intended to combat
unemployment;
( d ) Access to alternative employment in the event of loss of work or
termination of other remunerated activity, subject to article 52 of the
present Convention.
2. If a migrant worker claims that the terms of his or her work
contract have been violated by his or her employer, he or she shall have
the right to address his or her case to the competent authorities of the
State of employment, on terms provided for in article 18, paragraph 1, of
the present Convention.
Article 55
Migrant workers who have been granted permission to engage in a
remunerated activity, subject to the conditions attached to such
permission, shall be entitled to equality of treatment with nationals of
the State of employment in the exercise of that remunerated activity.
Article 56
1. Migrant workers and members of their families referred to in
the present part of the Convention may not be expelled from a State of
employment, except for reasons defined in the national legislation of that
State, and subject to the safeguards established in part III.
2. Expulsion shall not be resorted to for the purpose of depriving
a migrant worker or a member of his or her family of the rights arising
out of the authorization of residence and the work permit.
3. In considering whether to expel a migrant worker or a member of
his or her family, account should be taken of humanitarian considerations
and of the length of time that the person concerned has already resided in
the State of employment.
Part V: Provisions applicable to particular categories of migrant
workers and members of their families
Article 57
The particular categories of migrant workers and members of their
families specified in the present part of the Convention who are
documented or in a regular situation shall enjoy the rights set forth in
part III and, except as modified below, the rights set forth in part IV.
Article 58
1. Frontier workers, as defined in article 2, paragraph 2 ( a ),
of the present Convention, shall be entitled to the rights provided for in
part IV that can be applied to them by reason of their presence and work
in the territory of the State of employment, taking into account that they
do not have their habitual residence in that State.
2. States of employment shall consider favourably granting
frontier workers the right freely to choose their remunerated activity
after a specified period of time. The granting of that right shall not
affect their status as frontier workers.
Article 59
1. Seasonal workers, as defined in article 2, paragraph 2 ( b ),
of the present Convention, shall be entitled to the rights provided for in
part IV that can be applied to them by reason of their presence and work
in the territory of the State of employment and that are compatible with
their status in that State as seasonal workers, taking into account the
fact that they are present in that State for only part of the year.
2. The State of employment shall, subject to paragraph 1 of the
present article, consider granting seasonal workers who have been employed
in its territory for a significant period of time the possibility of
taking up other remunerated activities and giving them priority over other
workers who seek admission to that State, subject to applicable bilateral
and multilateral agreements.
Article 60
Itinerant workers, as defined in article 2, paragraph 2 ( e ), of the
present Convention, shall be entitled to the rights provided for in part
IV that can be granted to them by reason of their presence and work in the
territory of the State of employment and that are compatible with their
status as itinerant workers in that State.
Article 61
1. Project-tied workers, as defined in article 2, paragraph 2 ( f
) of the present Convention, and members of their families shall be
entitled to the rights provided for in part IV except the provisions of
article 43, paragraphs 1 ( b ) and (c), article 43, paragraph 1 ( d ), as
it pertains to social housing schemes, article 45, paragraph 1 ( b ), and
articles 52 to 55.
2. If a project-tied worker claims that the terms of his or her
work contract have been violated by his or her employer, he or she shall
have the right to address his or her case to the competent authorities of
the State which has jurisdiction over that employer, on terms provided for
in article 18, paragraph 1, of the present Convention.
3. Subject to bilateral or multilateral agreements in force for
them, the States Parties concerned shall endeavour to enable project-tied
workers to remain adequately protected by the social security systems of
their States of origin or habitual residence during their engagement in
the project. States Parties concerned shall take appropriate measures with
the aim of avoiding any denial of rights or duplication of payments in
this respect.
4. Without prejudice to the provisions of article 47 of the
present Convention and to relevant bilateral or multilateral agreements,
States Parties concerned shall permit payment of the earnings of
project-tied workers in their State of origin or habitual residence.
Article 62
1. Specified-employment workers as defined in article 2, paragraph
2 ( g ), of the present Convention, shall be entitled to the rights
provided for in part IV, except the provisions of article 43, paragraphs 1
( b ) and ( c ), article 43, paragraph 1 ( d ), as it pertains to social
housing schemes, article 52, and article 54, paragraph 1 ( d ).
2. Members of the families of specified-employment workers shall
be entitled to the rights relating to family members of migrant workers
provided for in part IV of the present Convention, except the provisions
of article 53.
Article 63
1. Self-employed workers, as defined in article 2, paragraph 2 ( h
), of the pre sent Convention, shall be entitled to the rights provided
for in part IV with the exception of those rights which are exclusively
applicable to workers having a contract of employment.
2. Without prejudice to articles 52 and 79 of the present
Convention, the termination of the economic activity of the self-employed
workers shall not in itself imply the withdrawal of the authorization for
them or for the members of their families to stay or to engage in a
remunerated activity in the State of employment except where the
authorization of residence is expressly dependent upon the specific
remunerated activity for which they were admitted.
Part VI: Promotion of sound, equitable, humane and lawful
conditions
in connection with international migration of workers
and members of their families
Article 64
1. Without prejudice to article 79 of the present Convention, the
States Parties concerned shall as appropriate consult and co-operate with
a view to promoting sound, equitable and humane conditions in connection
with international migration of workers and members of their families.
2. In this respect, due regard shall be paid not only to labour
needs and resources, but also to the social, economic, cultural and other
needs of migrant workers and members of their families involved, as well
as to the consequences of such migration for the communities concerned.
Article 65
1. States Parties shall maintain appropriate services to deal with
questions concerning international migration of workers and members of
their families. Their functions shall include, inter alia :
( a ) The formulation and implementation of policies regarding
such migration;
( b ) An exchange of information. consultation and co-operation
with the competent authorities of other States Parties involved in such
migration;
( c ) The provision of appropriate information, particularly to
employers, workers and their organizations on policies, laws and
regulations relating to migration and employment, on agreements concluded
with other States concerning migration and on other relevant matters;
( d ) The provision of information and appropriate assistance to
migrant workers and members of their families regarding requisite
authorizations and formalities and arrangements for departure, travel,
arrival, stay, remunerated activities, exit and return, as well as on
conditions of work and life in the State of employment and on customs,
currency, tax and other relevant laws and regulations.
2. States Parties shall facilitate as appropriate the provision of
adequate consular and other services that are necessary to meet the
social, cultural and other needs of migrant workers and members of their
families.
Article 66
1. Subject to paragraph 2 of the present article, the right to
undertake operations with a view to the recruitment of workers for
employment in another State shall be restricted to:
( a ) Public services or bodies of the State in which such
operations take place;
( b ) Public services or bodies of the State of employment on the
basis of agreement between the States concerned;
( c ) A body established by virtue of a bilateral or multilateral
agreement.
2. Subject to any authorization, approval and supervision by the
public authorities of the States Parties concerned as may be established
pursuant to the legislation and practice of those States, agencies,
prospective employers or persons acting on their behalf may also be
permitted to undertake the said operations.
Article 67
1. States Parties concerned shall co-operate as appropriate in the
adoption of measures regarding the orderly return of migrant workers and
members of their families to the State of origin when they decide to
return or their authorization of residence or employment expires or when
they are in the State of employment in an irregular situation.
2. Concerning migrant workers and members of their families in a
regular situation, States Parties concerned shall co-operate as
appropriate, on terms agreed upon by those States, with a view to
promoting adequate economic conditions for their resettlement and to
facilitating their durable social and cultural reintegration in the State
of origin.
Article 68
1. States Parties, including States of transit, shall collaborate
with a view to preventing and eliminating illegal or clandestine movements
and employment of migrant workers in an irregular situation. The measures
to be taken to this end within the jurisdiction of each State concerned
shall include:
( a ) Appropriate measures against the dissemination of misleading
information relating to emigration and immigration;
( b ) Measures to detect and eradicate illegal or clandestine
movements of migrant workers and members of their families and to impose
effective sanctions on persons, groups or entities which organize, operate
or assist in organizing or operating such movements;
( c ) Measures to impose effective sanctions on persons, groups or
entities which use violence, threats or intimidation against migrant
workers or members of their families in an irregular situation.
2. States of employment shall take all adequate and effective
measures to eliminate employment in their territory of migrant workers in
an irregular situation, including, whenever appropriate, sanctions on
employers of such workers. The rights of migrant workers vis-à-vis their
employer arising from employment shall not be impaired by these measures.
Article 69
1. States Parties shall, when there are migrant workers and
members of their families within their territory in an irregular
situation, take appropriate measures to ensure that such a situation does
not persist.
2. Whenever States Parties concerned consider the possibility of
regularizing the situation of such persons in accordance with applicable
national legislation and bilateral or multilateral agreements, appropriate
account shall be taken of the circumstances of their entry, the duration
of their stay in the States of employment and other relevant
considerations, in particular those relating to their family situation.
Article 70
States Parties shall take measures not less favourable than those
applied to nationals to ensure that working and living conditions of
migrant workers and members of their families in a regular situation are
in keeping with the standards of fitness, safety, health and principles of
human dignity.
Article 71
1. States Parties shall facilitate, whenever necessary, the
repatriation to the State of origin of the bodies of deceased migrant
workers or members of their families.
2. As regards compensation matters relating to the death of a
migrant worker or a member of his or her family, States Parties shall, as
appropriate, provide assistance to the persons concerned with a view to
the prompt settlement of such matters. Settlement of these matters shall
be carried out on the basis of applicable national law in accordance with
the provisions of the present Convention and any relevant bilateral or
multilateral agreements.
Part VII: Application of the Convention
Article 72
1. ( a ) For the purpose of reviewing the application of the
present Convention, there shall be established a Committee on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (hereinafter referred to as "the Committee");
( b ) The Committee shall consist, at the time of entry into force
of the present Convention, of ten and, after the entry into force of the
Convention for the forty-first State Party, of fourteen experts of high
moral standing, impartiality and recognized competence in the field
covered by the Convention.
2. ( a ) Members of the Committee shall be elected by secret
ballot by the States Parties from a list of persons nominated by the
States Parties, due consideration being given to equitable geographical
distribution, including both States of origin and States of employment,
and to the representation of the principal legal systems. Each State Party
may nominate one person from among its own nationals;
( b ) Members shall be elected and shall serve in their personal
capacity.
3. The initial election shall be held no later than six months
after the date of the entry into force of the present Convention and
subsequent elections every second year. At least four months before the
date of each election, the Secretary-General of the United Nations shall
address a letter to all States Parties inviting them to submit their
nominations within two months. The Secretary-General shall prepare a list
in alphabetical order of all persons thus nominated, indicating the States
Parties that have nominated them, and shall submit it to the States
Parties not later than one month before the date of the corresponding
election, together with the curricula vitae of the persons thus nominated.
4. Elections of members of the Committee shall be held at a
meeting of States Parties convened by the Secretary-General at United
Nations Headquarters. At that meeting, for which two thirds of the States
Parties shall constitute a quorum, the persons elected to the Committee
shall be those nominees who obtain the largest number of votes and an
absolute majority of the votes of the States Parties present and voting.
5. ( a ) The members of the Committee shall serve for a term
of four years. However, the terms of five of the members elected in the
first election shall expire at the end of two years; immediately after the
first election, the names of these five members shall be chosen by lot by
the Chairman of the meeting of States Parties;
( b ) The election of the four additional members of the Committee
shall be held in accordance with the provisions of paragraphs 2, 3 and 4
of the present article, following the entry into force of the Convention
for the forty-first State Party. The term of two of the additional members
elected on this occasion shall expire at the end of two years; the names
of these members shall be chosen by lot by the Chairman of the meeting of
States Parties;
( c ) The members of the Committee shall be eligible for
re-election if renominated.
6. If a member of the Committee dies or resigns or declares that
for any other cause he or she can no longer perform the duties of the
Committee, the State Party that nominated the expert shall 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.
7. The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance of the
functions of the Committee.
8. The members of the Committee shall receive emoluments from
United Nations resources on such terms and conditions as the General
Assembly may decide.
9. The members of the Committee shall be entitled to the
facilities, privileges and immunities of experts on mission for the United
Nations as laid down in the relevant sections of the Convention on the
Privileges and Immunities of the United Nations.
Article 73
1. States Parties undertake to submit to the Secretary-General of
the United Nations for consideration by the Committee a report on the
legislative, judicial, administrative and other measures they have taken
to give effect to the provisions of the present Convention:
( a ) Within one year after the entry into force of the Convention
for the State Party concerned;
( b ) Thereafter every five years and whenever the Committee so
requests.
2. Reports prepared under the present article shall also indicate
factors and difficulties, if any, affecting the implementation of the
Convention and shall include information on the characteristics of
migration flows in which the State Party concerned is involved.
3. The Committee shall decide any further guidelines applicable to
the content of the reports.
4. States Parties shall make their reports widely available to the
public in their own countries.
Article 74
1. The Committee shall examine the reports submitted by each State
Party and shall transmit such comments as it may consider appropriate to
the State Party concerned. This State Party may submit to the Committee
observations on any comment made by the Committee in accordance with the
present article. The Committee may request supplementary information from
States Parties when considering these reports.
2. The Secretary-General of the United Nations shall, in due time
before the opening of each regular session of the Committee, transmit to
the Director-General of the International Labour Office copies of the
reports submitted by States Parties concerned and information relevant to
the consideration of these reports, in order to enable the Office to
assist the Committee with the expertise the Office may provide regarding
those matters dealt with by the present Convention that fall within the
sphere of competence of the International Labour Organisation. The
Committee shall consider in its deliberations such comments and materials
as the Office may provide.
3. The Secretary-General of the United Nations may also, after
consultation with the Committee, transmit to other specialized agencies as
well as to intergovernmental organizations, copies of such parts of these
reports as may fall within their competence.
4. The Committee may invite the specialized agencies and organs of
the United Nations, as well as intergovernmental organizations and other
concerned bodies to submit, for consideration by the Committee, written
information on such matters dealt with in the present Convention as fall
within the scope of their activities.
5. The International Labour Office shall be invited by the Committee to
appoint representatives to participate, in a consultative capacity, in the
meetings of the Committee.
6. The Committee may invite representatives of other specialized
agencies and organs of the United Nations, as well as of intergovernmental
organizations, to be present and to be heard in its meetings whenever
matters falling within their field of competence are considered.
7. The Committee shall present an annual report to the General
Assembly of the United Nations on the implementation of the present
Convention, containing its own considerations and recommendations, based,
in particular, on the examination of the reports and any observations
presented by States Parties.
8. The Secretary-General of the United Nations shall transmit the
annual reports of the Committee to the States Parties to the present
Convention, the Economic and Social Council, the Commission on Human
Rights of the United Nations, the Director-General of the International
Labour Office and other relevant organizations.
Article 75
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
3. The Committee shall normally meet annually.
4. The meetings of the Committee shall normally be held at United
Nations Headquarters.
Article 76
1. A State Party to the present Convention may at any time declare
under this article that it recognizes the competence of the Committee to
receive and consider communications to the effect that a State Party
claims that another State Party is not fulfilling its obligations under
the present Convention. Communications under this article may be received
and considered only if submitted by a State Party that has made a
declaration recognizing in regard to itself the competence of the
Committee. No communication shall be received by the Committee if it
concerns a State Party which has not made such a declaration.
Communications received under this article shall be dealt with in
accordance with the following procedure:
( a ) If a State Party to the present Convention considers that
another State Party is not fulfilling its obligations under the present
Convention, it may, by written communication, bring the matter to the
attention of that State Party. The State Party may also inform the
Committee of the matter. Within three months after the receipt of the
communication the receiving State shall afford the State that sent the
communication an explanation, or any other statement in writing clarifying
the matter which should include, to the extent possible and pertinent,
reference to domestic procedures and remedies taken, pending or available
in the matter;
( b ) If the matter is not adjusted to the satisfaction of both
States Parties concerned within six months after the receipt by the
receiving State of the initial communication, either State shall have the
right to refer the matter to the Committee, by notice given to the
Committee and to the other State;
( c ) The Committee shall deal with a matter referred to it only
after it has ascertained that all available domestic remedies have been
invoked and exhausted in the matter, in conformity with the generally
recognized principles of international law. This shall not be the rule
where, in the view of the Committee, the application of the remedies is
unreasonably prolonged;
( d ) Subject to the provisions of subparagraph ( c ) of the
present paragraph, the Committee shall make available its good offices to
the States Parties concerned with a view to a friendly solution of the
matter on the basis of the respect for the obligations set forth in the
present Convention;
( e ) The Committee shall hold closed meetings when examining
communications under the present article;
( f ) In any matter referred to it in accordance with subparagraph
( b ) of the present paragraph, the Committee may call upon the States
Parties concerned, referred to in subparagraph ( b ), to supply any
relevant information;
( g ) The States Parties concerned, referred to in subparagraph (
b ) of the present paragraph, shall have the right to be represented when
the matter is being considered by the Committee and to make submissions
orally and/or in writing;
( h ) The Committee shall, within twelve months after the date of
receipt of notice under subparagraph ( b ) of the present paragraph,
submit a report, as follows:
(i) If a solution within the terms of subparagraph ( d ) of the present
paragraph is reached, the Committee shall confine its report to a brief
statement of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph ( d ) is not
reached, the Committee shall, in its report, set forth the relevant facts
concerning the issue between the States Parties concerned. The written
submissions and record of the oral submissions made by the States Parties
concerned shall be attached to the report. The Committee may also
communicate only to the States Parties concerned any views that it may
consider relevant to the issue between them.
In every matter, the report shall be communicated to
the States Parties concerned.
2. The provisions of the present article shall come into force
when ten States Parties to the present Convention have made a declaration
under paragraph 1 of the present article. Such declarations shall be
deposited by the States Parties with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States Parties. A
declaration may be withdrawn at any time by notification to the
Secretary-General. Such a withdrawal shall not prejudice the consideration
of any matter that is the subject of a communication already transmitted
under the present article; no further communication by any State Party
shall be received under the present article after the notification of
withdrawal of the declaration has been received by the Secretary-General,
unless the State Party concerned has made a new declaration.
Article 77
1. A State Party to the present Convention may at any time declare
under the present article that it recognizes the competence of the
Committee to receive and consider communications from or on behalf of
individuals subject to its jurisdiction who claim that their individual
rights as established by the present Convention have been violated by that
State Party. No communication shall be received by the Committee if it
concerns a State Party that has not made such a declaration.
2. The Committee shall consider inadmissible any communication
under the present article which is anonymous or which it considers to be
an abuse of the right of submission of such communications or to be
incompatible with the provisions of the present Convention.
3. The Committee shall not consider any communication from an
individual under the present article unless it has ascertained that:
( a ) The same matter has not been, and is not being, examined
under another procedure of international investigation or settlement;
( b ) The individual has exhausted all available domestic
remedies; this shall not be the rule where, in the view of the Committee,
the application of the remedies is unreasonably prolonged or is unlikely
to bring effective relief to that individual.
4. Subject to the provisions of paragraph 2 of the present
article, the Committee shall bring any communications submitted to it
under this article to the attention of the State Party to the present
Convention that has made a declaration under paragraph 1 and is alleged to
be violating any provisions of the Convention. Within six months, the
receiving State shall submit to the Committee written explanations or
statements clarifying the matter and the remedy, if any, that may have
been taken by that State.
5. The Committee shall consider communications received under the
present article in the light of all information made available to it by or
on behalf of the individual and by the State Party concerned.
6. The Committee shall hold closed meetings when examining
communications under the present article.
7. The Committee shall forward its views to the State Party
concerned and to the individual.
8. The provisions of the present article shall come into force
when ten States Parties to the present Convention have made declarations
under paragraph 1 of the present article. Such declarations shall be
deposited by the States Parties with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States Parties. A
declaration may be withdrawn at any time by notification to the
Secretary-General. Such a withdrawal shall not prejudice the consideration
of any matter that is the subject of a communication already transmitted
under the present article; no further communication by or on behalf of an
individual shall be received under the present article after the
notification of withdrawal of the declaration has been received by the
Secretary-General, unless the State Party has made a new declaration.
Article 78
The provisions of article 76 of the present Convention shall be applied
without prejudice to any procedures for settling disputes or complaints in
the field covered by the present Convention laid down in the constituent
instruments of, or in conventions adopted by, the United Nations and the
specialized agencies and shall not prevent the States Parties from having
recourse to any procedures for settling a dispute in accordance with
international agreements in force between them.
Part VIII: General provisions
Article 79
Nothing in the present Convention shall affect the right of each State
Party to establish the criteria governing admission of migrant workers and
members of their families. Concerning other matters related to their legal
situation and treatment as migrant workers and members of their families,
States Parties shall be subject to the limitations set forth in the
present Convention.
Article 80
Nothing in the present Convention shall be interpreted as impairing the
provisions of the Charter of the United Nations and of the constitutions
of the specialized agencies which define the respective responsibilities
of the various organs of the United Nations and of the specialized
agencies in regard to the matters dealt with in the present Convention.
Article 81
1. Nothing in the present Convention shall affect more favourable
rights or freedoms granted to migrant workers and members of their
families by virtue of:
( a ) The law or practice of a State Party; or
( b ) Any bilateral or multilateral treaty in force for the State Party
concerned.
2. Nothing in the present Convention may be interpreted as
implying for any State, group or person any right to engage in any
activity or perform any act that would impair any of the rights and
freedoms as set forth in the present Convention.
Article 82
The rights of migrant workers and members of their families provided
for in the present Convention may not be renounced. It shall not be
permissible to exert any form of pressure upon migrant workers and members
of their families with a view to their relinquishing or foregoing any of
the said rights. It shall not be possible to derogate by contract from
rights recognized in the present Convention. States Parties shall take
appropriate measures to ensure that these principles are respected.
Article 83
Each State Party to the present Convention undertakes:
( a ) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding
that the violation has been committed by persons acting in an official
capacity;
( b ) To ensure that any persons seeking such a remedy shall have
his or her claim reviewed and decided by competent judicial,
administrative or legislative authorities, or by any other competent
authority provided for by the legal system of the State, and to develop
the possibilities of judicial remedy;
( c ) To ensure that the competent authorities shall enforce such
remedies when granted.
Article 84
Each State Party undertakes to adopt the legislative and other measures
that are necessary to implement the provisions of the present Convention.
Part IX: Final provisions
Article 85
The Secretary-General of the United Nations is designated as the
depositary of the present Convention.
Article 86
1. The present Convention shall be open for signature by all
States. It is subject to ratification.
2. The present Convention shall be open to accession by any State.
3. Instruments of ratification or accession shall be deposited
with the Secretary-General of the United Nations.
Article 87
1. The present Convention shall enter into force on the first day
of the month following a period of three months after the date of the
deposit of the twentieth instrument of ratification or accession.
2. For each State ratifying or acceding to the present Convention
after its entry into force, the Convention shall enter into force on the
first day of the month following a period of three months after the date
of the deposit of its own instrument of ratification or accession.
Article 88
A State ratifying or acceding to the present Convention may not exclude
the application of any Part of it, or, without prejudice to article 3,
exclude any particular category of migrant workers from its application.
Article 89
1. Any State Party may denounce the present Convention, not
earlier than five years after the Convention has entered into force for
the State concerned, by means of a notification in writing addressed to
the Secretary-General of the United Nations.
2. Such denunciation shall become effective on the first day of
the month following the expiration of a period of twelve months after the
date of the receipt of the notification by the Secretary-General of the
United Nations.
3. Such a denunciation shall not have the effect of releasing the
State Party from its obligations under the present Convention in regard to
any act or omission which occurs prior to the date at which the
denunciation becomes effective, nor shall denunciation prejudice in any
way the continued consideration of any matter which is already under
consideration by the Committee prior to the date at which the denunciation
becomes effective.
4. Following the date at which the denunciation of a State Party
becomes effective, the Committee shall not commence consideration of any
new matter regarding that State.
Article 90
1. After five years from the entry into force of the Convention a
request for the revision of the Convention may be made at any time by any
State Party by means of a notification in writing addressed to the
Secretary-General of the United Nations. The Secretary-General shall
thereupon communicate any proposed amendments to the States Parties with a
request that they notify him whether they favour a conference of States
Parties for the purpose of considering and voting upon the proposals. In
the event that within four months from the date of such communication at
least one third of the States Parties favours such a conference, the
Secretary-General shall convene the conference under the auspices of the
United Nations. Any amendment adopted by a majority of the States Parties
present and voting shall be submitted to the General Assembly for
approval.
2. Amendments shall come into force when they have been approved
by the General Assembly of the United Nations and accepted by a two-thirds
majority of the States Parties in accordance with their respective
constitutional processes.
3. When amendments come into force, they shall be binding on those
States Parties that have accepted them, other States Parties still being
bound by the provisions of the present Convention and any earlier
amendment that they have accepted.
Article 91
1. The Secretary-General of the United Nations shall receive and
circulate to all States the text of reservations made by States at the
time of signature, ratification or accession.
2. A reservation incompatible with the object and purpose of the
present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to
this effect addressed to the Secretary-General of the United Nations, who
shall then inform all States thereof. Such notification shall take effect
on the date on which it is received.
Article 92
1. Any dispute between two or more States Parties concerning the
interpretation or application of the present Convention that is not
settled by negotiation shall, at the request of one of them, be submitted
to arbitration. If within six months from the date of the request for
arbitration the Parties are unable to agree on the organization of the
arbitration, any one of those Parties may refer the dispute to the
International Court of Justice by request in conformity with the Statute
of the Court.
2. Each State Party may at the time of signature or ratification
of the present Convention or accession thereto declare that it does not
consider itself bound by paragraph 1 of the present article. The other
States Parties shall not be bound by that paragraph with respect to any
State Party that has made such a declaration.
3. Any State Party that has made a declaration in accordance with
paragraph 2 of the present article may at any time withdraw that
declaration by notification to the Secretary-General of the United
Nations.
Article 93
1. The present Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit
certified copies of the present Convention to all States.
In witness whereof the undersigned plenipotentiaries, being duly
authorized thereto by their respective Governments, have signed the
present Convention.
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