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International Labour
Organisation Conventions (ILO) |
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Migrant Workers Convention (C143)
Convention concerning Migrations in Abusive
Conditions and the Promotion of Equality of Opportunity and Treatment of
Migrant Workers 24 June 1975 (Date of coming into force:
09:12:1978.)
- Part one: Migrations in Abusive Conditions
- Part two: Equality of Opportunity and Treatment
- Part three:Final Provisions
The General Conference of the International
Labour Organisation,Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Sixtieth Session on 4 June
1975, and Considering that the Preamble of the Constitution of the
International Labour Organisation assigns to it the task of protecting the
interests of workers when employed in countries other than their own, and
Considering that the Declaration of Philadelphia reaffirms, among the
principles on which the Organisation is based, that labour is not a commodity,
and that poverty anywhere constitutes a danger to prosperity everywhere, and
recognises the solemn obligation of the ILO to further programmes which will
achieve in particular full employment through the transfer of labour, including
for employment ...,Considering the ILO World Employment Programme and the
Employment Policy Convention and Recommendation, 1964, and emphasising the need
to avoid the excessive and uncontrolled or unassisted increase of migratory
movements because of their negative social and human consequences, and
Considering that in order to overcome underdevelopment and structural and
chronic unemployment, the governments of many countries increasingly stress the
desirability of encouraging the transfer of capital and technology rather than
the transfer of workers in accordance with the needs and requests of these
countries in the reciprocal interest of the countries of origin and the
countries of employment, and Considering the right of everyone to leave any
country, including his own, and to enter his own country, as set forth in the
Universal Declaration of Human Rights and the International Covenant on Civil
and Political Rights, and Recalling the provisions contained in the Migration
for Employment Convention and Recommendation (Revised), 1949, in the Protection
of Migrant Workers (Underdeveloped Countries) Recommendation, 1955, in the
Employment Policy Convention and Recommendation, 1964, in the Employment
Service Convention and Recommendation, 1948, and in the Fee-Charging Employment
Agencies Convention (Revised), 1949, which deal with such matters as the
regulation of the recruitment, introduction and placing of migrant workers, the
provision of accurate information relating to migration, the minimum conditions
to be enjoyed by migrants in transit and on arrival, the adoption of an active
employment policy and international collaboration in these matters, and
Considering that the migration of workers due to conditions in labour markets
should take place under the responsibility of official agencies for employment
or in accordance with the relevant bilateral or multilateral agreements, in
particular those permitting free circulation of workers, and Considering that
evidence of the existence of illicit and clandestine trafficking in labour
calls for further standards specifically aimed at eliminating these abuses, and
Recalling the provisions of the Migration for Employment Convention (Revised),
1949, which require ratifying Members to apply to immigrants lawfully within
their territory treatment not less favourable than that which they apply to
their nationals in respect of a variety of matters which it enumerates, in so
far as these are regulated by laws or regulations or subject to the control of
administrative authorities, and Recalling that the definition of the term
"discrimination" in the Discrimination (Employment and Occupation) Convention,
1958, does not mandatorily include distinctions on the basis of nationality,
and
Considering that further standards,
covering also social security, are desirable in order to promote equality of
opportunity and treatment of migrant workers and, with regard to matters
regulated by laws or regulations or subject to the control of administrative
authorities, ensure treatment at least equal to that of nationals, and Noting
that, for the full success of action regarding the very varied problems of
migrant workers, it is essential that there be close co-operation with the
United Nations and other specialised agencies, and
Noting that, in the framing of the following
standards, account has been taken of the work of the United Nations and of
other specialised agencies and that, with a view to avoiding duplication and to
ensuring appropriate co-ordination, there will be continuing co-operation in
promoting and securing the application of the standards, and Having decided
upon the adoption of certain proposals with regard to migrant workers, which is
the fifth item on the agenda of the session, and Having determined that these
proposals shall take the form of an international Convention supplementing the
Migration for Employment Convention (Revised), 1949, and the Discrimination
(Employment and Occupation) Convention, 1958,adopts the twenty-fourth day of
June of the year one thousand nine hundred and seventy-five, the following
Convention, which may be cited as the Migrant Workers (Supplementary
Provisions) Convention, 1975:
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