||UN (United Nations)
International Convention on the
of the Rights of All Migrant Workers and
Members of Their
Families (adopted by General Assembly resolution 45/158 of 18 December
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
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
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.
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.
Each State Party to the present Convention
(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
(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;
(Four) To ensure that the competent authorities
shall enforce such remedies when granted.
Each State Party undertakes to adopt the
legislative and other measures that are necessary to implement the provisions
of the present Convention.
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PART IX : FINAL PROVISIONS
The Secretary-General of the United Nations is
designated as the depositary of the present Convention.
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
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.
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
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 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 whi ch 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.
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 the 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.
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.
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
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
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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