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International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
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[
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PREAMBLE
[
go to this PREAMBLE
]
... Taking into
account
also the
principles
and standards set forth in the
relevant
instruments
elaborated within the
framework
of the
International Labour Organisation
, especially the
Convention
concerning
Migration
for
Employment
(No. 97), the
Convention
concerning
Migrations
in Abusive
Conditions
and the
Promotion
of
Equality
of
Opportunity
and
Treatment
of
Migrant Workers
(No.143), the
Recommendation
concerning
Migration
for
Employment
(No. 86), the
Recommendation
concerning
Migrant Workers
(No.151), the
Convention
concerning
Forced or
Compulsory Labour
(No. 29) and the
Convention
concerning
Abolition
of
Forced Labour
(No. 105), ...
ARTICLE-3
[
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]
... (d)
Refugees
and
stateless
persons
, unless such
application
is provided for in the
relevant
national legislation
of, or
international instruments
in
force
for, the
State Party
concerned
; ...
ARTICLE-16
[
go to this ARTICLE
]
... (c) The
person
concerned
shall be informed without
delay
of this
right
and of
rights
deriving from
relevant
treaties
, if any, applicable between the
States
concerned
, to
correspond
and to
meet
with
representatives
of the said
authorities
and to make
arrangements
with them for his or her
legal
representation
. ...
ARTICLE-46
[
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]
...
Migrant workers
and
members
of their
families
shall,
subject
to the applicable
legislation
of the
States
concerned
, as well as
relevant
international agreements
and the
obligations
of the
States
concerned
arising out of their
participation
in
customs unions
, enjoy
exemption
from
import
and
export
duties
and taxes in
respect
of their
personal
and
household
effects
as well as the
equipment
necessary to engage in the remunerated
activity
for which they were admitted to the
State of employment
: ...
ARTICLE-61
[
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]
... 4. Without
prejudice
to the
provisions
of
article
47
of the present
Convention
and to
relevant
bilateral
or
multilateral agreements
,
States Parties
concerned
shall
permit
payment
of the
earnings
of
project-tied workers
in their
State of origin
or
habitual residence
. ...
ARTICLE-65
[
go to this ARTICLE
]
... (c) The
provision
of appropriate
information
, particularly to
employers
, workers and their
organizations
on
policies
,
laws
and
regulations
relating to
migration
and
employment
, on
agreements
concluded with other
States
concerning
migration
and on other
relevant
matters; ...
... (d) The
provision
of
information
and appropriate
assistance
to
migrant workers
and
members
of their
families
regarding requisite
authorizations
and
formalities
and
arrangements
for
departure
,
travel
, arrival, stay, remunerated
activities
, exit and
return
, as well as on
conditions of work
and
life
in the
State of employment
and on
customs
,
currency
,
tax
and other
relevant
laws
and
regulations
. ...
ARTICLE-69
[
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]
... 2. Whenever
States Parties
concerned
consider the possibility of regularizing the
situation
of such
persons
in
accordance
with applicable
national legislation
and
bilateral
or
multilateral agreements
, appropriate
account
shall be taken of the
circumstances
of their
entry
, the
duration
of their stay in the
States
of
employment
and other
relevant
considerations
, in particular those relating to their
family
situation
. ...
ARTICLE-71
[
go to this ARTICLE
]
... 2. As
regards
compensation
matters relating to the
death
of a
migrant worker
or a
member
of his or her
family
,
States Parties
shall, as appropriate, provide
assistance
to the
persons
concerned
with a
view
to the prompt
settlement
of such matters.
Settlement
of these matters shall be carried out on the basis of applicable
national law
in
accordance
with the
provisions
of the present
Convention
and any
relevant
bilateral
or
multilateral agreements
. ...
ARTICLE-72
[
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]
... 9. The
members
of the
Committee
shall be entitled to the
facilities
,
privileges
and
immunities
of
experts
on
mission
for the
United Nations
as laid down in the
relevant
sections of the
Convention on the Privileges and Immunities of the United Nations
. ...
ARTICLE-74
[
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]
... 2. The
Secretary-General of the United Nations
shall, in
due
time
before the
opening
of each
regular
session
of the
Committee
, transmit to the
Director-General
of the
International
Labour
Office
copies
of the
reports
submitted by
States Parties
concerned
and
information
relevant
to the
consideration
of these
reports
, in
order
to enable the
Office
to assist the
Committee
with the
expertise
the
Office
may provide regarding those matters dealt with by the present
Convention
that fall within the
sphere
of
competence
of the
International Labour Organisation
. The
Committee
shall consider in its
deliberations
such comments and
materials
as the
Office
may provide. ...
... 8. The
Secretary-General of the United Nations
shall transmit the
annual
reports
of the
Committee
to the
States Parties
to the present
Convention
, the
Economic and Social Council
, the
Commission
on
Human Rights
of the
United Nations
, the
Director-General
of the
International
Labour
Office
and other
relevant
organizations
. ...
ARTICLE-76
[
go to this ARTICLE
]
... (b), to
supply
any
relevant
information
; ...
... (ii) If a
solution
within the
terms
of subparagraph (d) is not reached, the
Committee
shall, in its
report
, set forth the
relevant
facts
concerning
the issue between the
States Parties
concerned
. The
written
submissions and
record
of the
oral
submissions made by the
States Parties
concerned
shall be attached to the
report
. The
Committee
may also
communicate
only to the
States Parties
concerned
any
views
that it may consider
relevant
to the issue between them. In every matter, the
report
shall be
communicated
to the
States Parties
concerned
. ...
... (ii) If a
solution
within the
terms
of subparagraph (d) is not reached, the
Committee
shall, in its
report
, set forth the
relevant
facts
concerning
the issue between the
States Parties
concerned
. The
written
submissions and
record
of the
oral
submissions made by the
States Parties
concerned
shall be attached to the
report
. The
Committee
may also
communicate
only to the
States Parties
concerned
any
views
that it may consider
relevant
to the issue between them. In every matter, the
report
shall be
communicated
to the
States Parties
concerned
. ...
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