Transcript Mainstreaming Migration, Development and Remittances at

ICRMW: Implications for
Ratifying States and
National Migration Policies
H.E. Mr. Libran N. Cabactulan
Permanent Representative
of the Philippines to the UN
GENERAL CONSIDERATIONS
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Convention secures “the international protection of the
rights of all migrant workers and members of their
families.” (Preamble)
Definition of a migrant worker – any “person who is to be
engaged, is engaged or has been engaged in
remunerated activity in a State of which he or she is not
a national.” (Art. 2.1)
Establishment of a Committee on the Protection of the
Rights of All Migrant Workers and Members of Their
Families (CMW) (Art. 72.1)
Rights under Convention may not be renounced nor
derogated by contract (Art. 82)
States Parties should ensure effective remedies by
competent authorities, & enforcement of said remedies
and to adopt legislative & other measures (Arts. 83 - 84)
Ratifying States’ Responsibilities
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Ensure non-discrimination with respect to rights (Part II,
Art. 7)
Ensure basic human rights of all migrant workers and
their families (Part III, Arts. 8 – 35)
Ensure additional rights for documented migrants and
their families (Part IV, Arts. 36 – 56)
Ensure rights of particular categories of migrant workers
and their families (Part V, Arts. 57 – 63)
Promote sound, equitable, humane & lawful conditions in
connection with international migration … (Part VI, Arts.
64 – 71
Submit regular reports to the Committee on Migrant
Workers – one year after ratification/accession, then
after every five years (Part VII, Art. 73.1)
Implications on National Migration Policy
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Convention applies within the territory or subject
to their jurisdiction (Art. 7)
Convention applies to activities of private actors
within a ratifying state (Arts. 16 & 25)
Convention also covers responsibilities of states
of origin and transit (Art. 33)
Convention provides for a ratifying state’s
recognition of CMW competence to receive &
consider communications on fulfillment of
obligations under the Convention (Arts. 76 – 77),
but this is not yet in force (Art. 76.2 & 77.8)
Points to Consider
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Relatively low number of ratifying states based
on perception of rigid obligations, and that it
encourages irregular migration
• Many of the obligations are contained in other human
rights instruments
• Almost all countries are now points of origin, transit &
destination
• There may be disconnect with national laws &
treatment of own citizens
• Reality is that migration is happening to countries not
States Party, and bilateral/regional agreement’s are in
place