STATUS REPORT

INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES

((Adopted and opened for signature, ratification and accession by General Assembly resolution 45/158 of 18 December 1990), 18/12/1990)

ENTRY INTO FORCE : 02-Jul-07

Depositary: Secretary-General of the United Nations

Last updated by PacLII: 01-07-10
Parties Date of Signature Date of ratification
/
Other 		Entry Into Force Domestication Legislation
(where available)
Algeria   21 Apr 2005 a    
Argentina 10 Aug 2004      
Azerbaijan   11 Jan 1999 a    
Bangladesh 7 Oct 1998      
Belize   14 Nov 2001 a    
Benin 15-Sep-05      
Bolivia   16 Oct 2000 a    
Bosnia and Herzegovina   13 Dec 1996 a    
Burkina Faso 16 Nov 2001 26 Nov 2003 Rt    
Cambodia 27 Sep 2004      
Cape Verde   16 Sep 1997 a    
Chile 24 Sep 1993 21-Mar-05 Rt    
Colombia [#]   24 May 1995 a    
Comoros 22 Sep 2000      
Ecuador   5 Feb 2002 a    
Egypt [#]   19 Feb 1993 a    
El Salvador [#] 13 Sep 2002 14 Mar 2003 Rt    
Gabon 15-Dec-04      
Ghana 7 Sep 2000 7 Sep 2000 Rt    
Guatemala 7 Sep 2000 14 Mar 2003 Rt    
Guinea   7 Sep 2000 a    
Guinea-Bissau 12 Sep 2000      
Guyana 15-Sep-05      
Honduras   9 August 2005 a    
Indonesia 22 Sep 2004      
Kyrgyzstan   29 Sep 2003 a    
Lesotho 24 Sep 2004 16-Sep-05 Rt    
Liberia 22 Sep 2004      
Libyan Arab Jamahiriya   18 Jun 2004 a    
Mali   5 Jun 2003 a    
Mexico [#] 22 May 1991 8 Mar 1999 Rt    
Morocco [#] 15 Aug 1991 21 Jun 1993 Rt    
Nicaragua   26-Oct-05 Rt    
Paraguay 13 Sep 2000      
Peru 22 Sep 2004 14-Sep-05 Rt    
Philippines 15 Nov 1993 5 Jul 1995 Rt    
Sao Tome and Principe 6 Sep 2000      
Senegal   9 Jun 1999 a    
Serbia and Montenegro 11 Nov 2004      
Seychelles   15 Dec 1994 a    
Sierra Leone 15 Sep 2000      
Sri Lanka [#]   11 Mar 1996 a    
Syrian Arab Republic   2 June 2005 a    
Tajikistan 7 Sep 2000 8 Jan 2002 Rt    
Timor-Leste   30 Jan 2004 a    
Togo 15 Nov 2001      
Turkey [#] 13 Jan 1999 27 Sep 2004 Rt    
Uganda [#]   14 Nov 1995 a    
Uruguay   15 Feb 2001 a    
Keys:
  • Accession (a)
  • Acceptance (A)
  • Approval (AA)
  • Definitive Signature (s)
  • Formal confirmation (c)
  • Participation (P)
  • Notification (of provisional application, of special undertaking, etc) (n)
  • Ratification (Rt)
  • Reservation (r)
  • Succession (d)

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval, accession or succession.)


Colombia [up]

Reservation

Articles 15, 46 and 47 of the [said Convention], which was adopted by means of Act No. 146 of 1994, shall be executed with the understanding that the State of Colombia retains the right to promulgate taxation, exchange and monetary regulations establishing equality of treatment of migrant workers and their families with that of nationals in respect of the import and export of personal and household effects and the transfer of earnings and savings abroad, and in respect of expropriation for reasons of equity and the nullification of ownership of property in the cases envisaged in article 34 of the Political Constitution


Egypt [up]

Reservation concerning article 4

For the purposes of the present Convention the term `members of the family' refers to persons married to migrant workers or having with them a relationship that, according to applicable law, produces effects equivalent to marriage, as well as their dependent children and other dependent persons who are recognized as members of the family by applicable legislation or applicable bilateral or multilateral agreements between the States concerned

Reservation concerning article 18, paragraph 6

When a migrant worker or a member of his or her family has, by a final decision, been convicted of a criminal offence and when subsequently his or her conviction has been reversed or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partially attributable to that person


El Salvador [up]

Declarations

The Government of the Republic of El Salvador does not consider itself bound by article 92, paragraph 1, of the Convention. With respect to articles 46, 47, 48 and 61, paragraph 4, governing exemption from import and export duties and taxes in respect of personal and household effects and the right to transfer earnings and savings, the Government of El Salvador wishes to make it clear that the exemption shall apply only after any taxes that the articles in question might incur have been paid. Moreover, the right of workers to transfer their earnings to their State of origin or State of habitual residence may be exercised without restriction, provided that the tax obligations arising in each particular case have been fulfilled. With regard to article 32, transfer of earnings and savings shall include amounts accumulated under retirement social security schemes, whether public or private. The Government of the Republic of El Salvador wishes to reiterate its respect for all universal and regional human rights principles and norms enshrined in international human rights instruments


Mexico [up]

Interpretative declaration

Upon ratifying the [Convention], the Government of the United Mexican States reaffirms its political will to ensure international protection of the rights of all migrant workers, in accordance with this international instrument. all the provisions of this Convention will be applied in conformity with its national legislation

Reservation

The Government of the United Mexican States makes an express reservation with regard to article 22, paragraph 4, of this Convention, insofar as it refers to the application of article 33 of the Political Constitution of the United Mexican States and article 125 of the General Population Act


Morocco [up]

Reservation

The Government of the Kingdom of Morocco does not consider itself bound by article 92, paragraph 1 of this Convention which provides that any dispute between two or more States Parties concerning the interpretation or application of the present Convention shall, at the request of one of them, be submitted to arbitration

The Government of the Kingdom of Morocco considers that any such dispute may be submitted to arbitration only with the agreement of all the parties to the conflict


Sri Lanka [up]

Declarations

Article 8 (2)

The right of non-Sri Lankans to enter and remain in Sri Lanka shall be subject to existing visa regulations

Article 29

According to the citizenship Act No. 18 of 1948, citizenship rights flow from the father and in the event a child is born out of wedlock, from the mother. A child will be deemed to be a citizen of Sri Lanka if he and his father were born in Sri Lanka before 1.11.49 or if at the time of his birth the father was a Sri Lankan

Article 49

Resident visas to expatriate workers are allowed in respect of identified professions where there is a dearth of qualified personnel. Existing visa regulations do not permit migrant workers either to change their professions or the institutions in which they have been authorised to work, which is the basis on which the visa is issued

Article 54

Protection against dismissal, quantum of remuneration, period of employment, etc., are governed by the terms of individual contracts entered into between the worker and the organisation which employs him. A visa issued to an expatriate worker under the visa regulations is limited to a pre-identified job assignment.


Turkey [up]

Declarations

A) The declaration regarding Article 15

The restrictions by the related Turkish laws regarding acquisition of immovable property by the foreigners are preserved

B) The reservation regarding Article 40

The Turkish Law on Trade Unions allows only the Turkish citizens to form trade unions in Turkey.

C) The declaration regarding Article 45

The stipulations of the paragraphs 2, 3 and 4 of the Article 45 will be implemented in accordance with the provisions of the Turkish Constitution and the related Laws

D) The declaration regarding Article 46

The implementation of the Article 46 will be made in accordance with the national laws

E) The declaration regarding Articles 76 and 77

Turkey will recognize the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families at a later time.


Uganda [up]

Reservation

Article 18

The Republic of Uganda cannot guarantee at all times to provide free legal assistance in accordance with the provisions of article 18 paragraph 3(d).

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