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ICRMW: Implications for Ratifying States and National Migration Policies

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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ICRMW: Implications for Ratifying States and National Migration Policies

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  1. ICRMW: Implications for Ratifying States and National Migration Policies H.E. Mr. Libran N. Cabactulan Permanent Representative of the Philippines to the UN

  2. GENERAL CONSIDERATIONS • 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)

  3. Ratifying States’ Responsibilities • 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)

  4. Implications on National Migration Policy • 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)

  5. Points to Consider • 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

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