The International Legal Framework: Multilateral Cooperation and its Opportunities

Panel discussion on the occasion of the International Migrants Day17 December 2010, New York

Labour migration trends and characteristics

International migrant stock 1960-2010

-

50

100

150

200

250

1975 1980 1985 1990 1995 2000 2005 2010

Millions

Years

UNDESA, 2009

Labour migration trends and characteristics (cont.)

UNDESA, 2009

International legal framework

International human rights lawILO international labour standardsUN Convention on the Rights of Migrant

Workers 1990N.B. This instrument is also one of the core

human rights treaties

Convention on Migrant Workers 1990 General features

Comprehensive instrument applicable to the whole migration process and regulating the legal status of migrant workers and their families

Protects the basic rights of all migrant workers and their families (lawfully resident and irregular migrants) on the basis of equality with nationals (Part III)

Grants regular migrants a number of additional rights on the basis of equality with nationals (Part IV)

Convention structure

Part I – Scope and definitions Part II – Non-discrimination with respect to rights Part III – Human rights of all migrant workers Part IV – Other rights of regular migrants Part V – Rights of particular categories of migrant workers Part VI – State cooperation/ obligations in promoting sound,

equitable, humane and lawful migration conditions Part VII – Application of Convention Part VIII – General Provisions Part IX – Final Provisions

Inter-state cooperation (Part VI)

Obligations upon States toconsult and cooperate to promote sound, equitable

and humane migration conditions - Art 64(1)collaborate to prevent and eliminate irregular

migration - Art 68punish traffickers, smugglers and those who exploit

migrant workers (e.g. employers) - Art 68(1)-(2)see also Trafficking and Smuggling Protocols to

International Convention against Transnational Organized Crime 2000

Way Forward

• The ratification of the UN Convention on the Rights of Migrant Workers is an important step towards the establishment of national institutional mechanisms to ensure the protection of the rights of migrant workers and their families.

• An effective protection of migrant workers and members of their families should start before the Convention and must extend even beyond the Convention.

• Inter-State cooperation is also crucial both to enhance the sustainable development of the country of origin and the country of employment of migrant workers, and to enable states to ensure respect of the rights enshrined in the Convention and in the other international migration law instruments.

Global Ratification Campaign 20th Anniversary

Website www.migrantsrights.org

Conclusions

« Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world. »

Eleanor Roosevelt

Thank you!

International Migration Law Unit (IML@iom.int)