Committee to Consider Situation in Ecuador, Indonesia and Mexico
30 August 2017
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families will hold its twenty-seventh session at the Palais des Nations, room XVI, in Geneva from 4 to 13 September 2017, during which it will review the implementation of the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by Ecuador, Indonesia and Mexico.
At the opening of the session at 10 a.m. on Monday, 4 September, the Committee will adopt its agenda and programme of work and it will discuss activities to promote the Convention. The Committee will meet with non-governmental organizations and human rights institutions from the countries under review, and will also hold a private meeting with United Nations bodies and specialized agencies.
In the afternoon of Monday, 4 September, the Committee will start its consideration of the third periodic report of Ecuador (CMW/C/ECU/3), which will continue on Tuesday, 5 September in the morning. The Committee will then take up the initial report of Indonesia (CMW/C/IDN/1) on Tuesday afternoon and conclude its review on Wednesday, 6 September, in the morning. Finally, the Committee will consider the third periodic report of Mexico (CMW/C/MEX/3) in the afternoon of Thursday, 6 September and the morning of Friday, 7 September.
The Committee will then proceed to hold private meetings of the Working Group of the Whole, until the public closing of the session in the afternoon of 13 September, at a time yet to be specified.
The Committee will adopt its concluding observations and recommendations on the country reports of Ecuador, Indonesia and Mexico with regard to the implementation of the Convention in those countries at the end of the session.
Detailed meeting coverage can be found in English and French on the United Nations Information Service Geneva’s webpage and further information, including copies of the States parties’ reports, all related documentation and the programme of work, are available on the session’s webpage.
The webcast of the Committee’s public meetings will be available via the following link: http://webtv.un.org/meetings-events/.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families entered into force on 1 July 2003. The Convention seeks to play a role in preventing and eliminating the exploitation of migrant workers as well as ensuring the protection of their human rights throughout the entire migration process. It provides a set of binding international standards to address the treatment, welfare and human rights of both documented and undocumented migrants, as well as the obligations and responsibilities on the part of sending and receiving States and States of transit. So far, 50 States have ratified the Convention.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
The Convention is applicable to all migrant workers and members of their families without distinction of any kind such as sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status. It applies during the entire migration process of migrant workers and members of their families, which comprises preparation for migration, departure, transit and the entire period of stay and remunerated activity in the State of employment as well as return to the State of origin or the State of habitual residence.
Listed among their human rights, the Convention states that migrant workers and members of their families shall be free to leave any State, including their State of origin; migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin; the right to life of migrant workers and members of their families shall be protected by law; no migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment; no migrant worker or member of his or her family shall be held in slavery or servitude; and no migrant worker or member of his or her family shall be required to perform forced or compulsory labour.
The Convention also prohibits collective expulsion of migrant workers and members of their families. It further establishes that all migrant workers shall enjoy treatment not less favourable than that which applies to nationals of the State of employment in respect of remuneration and other conditions of work and terms of employment, as well as access to emergency medical care. Each child of a migrant worker has the basic right of access to education on the basis of equality of treatment with nationals of the State concerned. Moreover, migrant workers in a regular situation enjoy the right to form associations and trade unions as well as equality of treatment with the nationals of the State in relation to access to educational, social and health services.
The Convention also imposes a series of obligations on States parties in the interest of promoting "sound, equitable, humane and lawful conditions" for the international migration of workers and members of their families. These requirements include the establishment of policies on migration; the exchange of information with other States parties; the provision of information to employers, workers and their organizations on policies, laws and regulations; and assistance to migrant workers and their families.
Implementation of the Convention
The Convention is monitored by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, consisting of 14 Experts serving in a personal capacity.
States parties accept the obligation to report on the steps they have taken to implement the Convention within a year of its entry into force for the State concerned, and thereafter every five years. Under the treaty, a State party may also recognize the competence of the Committee to receive and consider communications from or on behalf of individuals within that State's jurisdiction who claim that their rights under the Convention have been violated.
Other International Mechanisms for Protection of Migrants
The Convention reinforces other measures already taken by the United Nations to ensure adequate protection of all migrant workers and their families. The International Labour Organization has been in the forefront of efforts to secure and maintain a fair deal for migrant workers and their families since the 1920s. The Special Rapporteur on the human rights of migrants, appointed by the Human Rights Council, is mandated to report and advise on the human rights of migrants by undertaking country visits; acting on individual cases of alleged violations and concerns of a broader, structural nature by sending communications to States; conducting thematic studies and convening expert consultations; contributing to the development of international human rights standards; engaging in advocacy and raising public awareness; and providing advice for technical cooperation.
States Parties to the Convention
The Convention was adopted and opened for signature, ratification and accession by the General Assembly in December 1990. To date, it has been ratified or acceded to by the following 51 States: Albania, Algeria, Argentina, Azerbaijan, Bangladesh, Belize, Bolivia, Bosnia and Herzegovina, Burkina Faso, Cabo Verde, Chile, Colombia, Congo, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Guyana, Honduras, Indonesia, Jamaica, Kyrgyzstan, Lesotho, Libya, Madagascar, Mali, Mauritania, Mexico, Morocco, Mozambique, Nicaragua, Niger, Nigeria, Paraguay, Peru, Philippines, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sri Lanka, St. Vincent and the Grenadines, Syria, Tajikistan, Timor-Leste, Turkey, Uganda, Uruguay and Venezuela.
Members of the Committee
The Members of the Committee are Mr. José S. Brillantes (Philippines); Ms. Salome Castellanos Delgado (Honduras); Mr. Pablo Ceriani Cernadas (Argentina); Ms. Fatoumata Abdourhamana Dicko (Mali); Ms. Jasminka Džumhur (Bosnia and Herzegovina); Mr. Ahmed Hassan El-Borai (Egypt); Mr. Abdelhamid El Jamri (Morocco); Mr. Md. Shahidul Haque (Bangladesh); Mr. Prasad Kariyawasam (Sri Lanka); Ms. Khedidia Ladjel (Algeria); Ms. Maria Landazuri de Mora (Ecuador); Mr. Marco Nuñez-Melgar Maguiña (Peru); Mr. Ahmadou Tall (Senegal); and Mr. Can Ünver (Turkey).
Mr. Brillantes is the Chairperson. The Vice Chairpersons are Mr. Ceriani Cernadas, Ms. Dicko, and Ms. Džumhur. Mr. El Jamri is the Rapporteur.
Programme of Work
Monday, 4 September
10 a.m. Opening of the session, adoption of the agenda and consideration of the programme of work, activities to promote the Convention
11 a.m. Informal meeting with non-governmental organizations and national human rights institutions
12.00 Closed meeting
3. p.m. Third periodic report of Ecuador (CMW/C/ECU/3)
Tuesday, 5 September
10 a.m. Ecuador (continued)
3 p.m. Initial report of Indonesia (CMW/C/IDN/1)
Wednesday, 6 September
10 a.m. Indonesia (continued)
3 p.m. Third periodic report of Mexico (CMW/C/MEX/3)
Thursday, 7 September
10 a.m. Mexico (continued)
3 p.m. Closed meeting
Friday, 8 September
Monday, 11 September
Tuesday, 12 September
Wednesday, 13 September
Closed meetings and public session closing
For use of the information media; not an official record