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 Convention secures “the international protection of the rights of all migrant workers and members of their families.” (Preamble) 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) 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) 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) 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 ) States Parties should ensure effective remedies by competent authorities, & enforcement of said remedies and to adopt legislative & other measures (Arts )

Ratifying States’ Responsibilities Ensure non-discrimination with respect to rights (Part II, Art. 7) 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 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 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) 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 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) 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 Convention applies within the territory or subject to their jurisdiction (Art. 7) 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 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 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 & 77.8) 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 & 77.8)

Points to Consider Relatively low number of ratifying states based on perception of rigid obligations, and that it encourages irregular migration 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 instrumentsMany of the obligations are contained in other human rights instruments Almost all countries are now points of origin, transit & destinationAlmost all countries are now points of origin, transit & destination There may be disconnect with national laws & treatment of own citizensThere 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 placeReality is that migration is happening to countries not States Party, and bilateral/regional agreement’s are in place