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CHARTERS & TREATIES

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

158 / Adopted by General Assembly Resolution 45
Dated 18 December 1990

Preamble
The States Parties to this Agreement,
Taking into account the principles stipulated in the basic instruments of the United Nations on human rights, especially the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Convention on the Elimination of All Forms of discrimination against women, and the Convention on the Rights of the Child.

Taking into account also the principles and standards contained in the relevant instruments developed within the framework of the International Labor Organization, in particular the Convention on Migration for Work (No. 97) and the Convention on Immigration in Abusive Conditions and the Promotion of Equal Opportunities and Equality in the Treatment of Migrant Workers (No. 143), And the Recommendation Concerning Immigration for Work (No. 86 and the Recommendation on Migrant Workers) (No. 151), the Convention Relating to Forced Labor (No. 39), and the Convention relating to the Abolition of Forced Labor (No. 105)

Reaffirming the importance of the principles contained in the Convention against Discrimination in the Field of Education of the United Nations Educational, Scientific and Cultural Organization,

Recalling the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Declaration of the Fourth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, the Code of Conduct for Law Enforcement Officials, and the conventions relating to slavery,

Recalling that one of the objectives of the International Labor Organization, as stated in its Constitution, is to protect workers' interests when they are employed in countries other than their own. If it takes into account the expertise and experience of that organization in matters relating to migrant workers and members of their families.

Recognizing the importance of the work done with regard to migrant workers and members of their families in various organs of the United Nations, in particular in the Commission on Human Rights and the Commission for Social Development, in the Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization and the World Health Organization, as well as in other international organizations,

Recognizing also the progress made by some States, on a regional or bilateral basis, towards protecting the rights of migrant workers and members of their families, as well as their recognition of the importance and usefulness of bilateral and multilateral agreements in this area.

Realizing the importance and magnitude of the phenomenon of migration, which includes millions of people and affects a large number of countries in the international community,

Aware of the impact of the influx of migrant workers on the states and peoples concerned, and their desire to establish rules that can contribute to reconciling the positions of states by accepting basic principles relating to the treatment of migrant workers and members of their families,

Bearing in mind the state of vulnerability in which migrant workers and members of their families often find themselves in it, due to, among other things, their distance from the country of origin and the difficulties that they may encounter, arising from their presence in the State of employment,

Convinced that the rights of migrant workers and members of their families are not adequately recognized everywhere, and that they therefore require appropriate international protection,

Bearing in mind that migration is often the cause of serious problems for family members of migrant workers as well as for workers themselves, especially because of the dispersal of the family,

Bearing in mind that the humanitarian problems involved in migration are more serious in the case of irregular migration, and convinced of the need to encourage appropriate measures to prevent and eliminate clandestine movements and trafficking in migrant workers, while at the same time ensuring the protection of their basic human rights.

Considering that workers who do not possess the necessary documents or are in an irregular situation are often used under conditions that are less favorable than the conditions of work of other workers, and that some employers find this tempting them to search for this type of labor in order to reap the benefits of competition Unfair,

Considering also that whatever discourages resorting to the use of migrant workers in an irregular situation is that the basic human rights of all migrant workers are widely recognized, and that granting some additional rights to those in a regular situation who are migrant workers and members of their families will encourage all Immigrants and employers to respect and comply with the laws and procedures adopted by the states concerned,

Convinced therefore of the need to achieve international protection for the rights of all migrant workers and members of their families, while reaffirming the basic rules and placing them in a comprehensive convention that can be applied at the global level,

Have agreed as follows:

part One

Scope and definitions

Article 1
1 - This Convention applies, except as otherwise provided hereinafter, to all migrant workers and members of their families without discrimination of any kind such as discrimination on the grounds of sex, race, color, language, religion, belief, political opinion or otherwise. Or national, ethnic or social hope, nationality, age, economic status, property, marital status, birth, or any other condition.

2- This agreement applies during the entire migration process of migrant workers and members of their families, and this process includes preparation for migration, departure, transit, the entire period of residence, engaging in a remunerated activity in the country of work, as well as returning to the country of origin or the country of normal residence.

Article 2
For the purposes of this agreement:
1- The term “migrant worker” refers to a person who will practice, practice or continue to engage in a paid activity in a country of which he is not a national.

-2 (a) The term “border worker” refers to a migrant worker who maintains his usual place of residence in a neighboring country and returns to it usually every day or at least once a week,

(B) The term “seasonal worker” refers to a migrant worker whose work depends, by its nature, on seasonal conditions, and performs only during part of the year,

(C) The term “navigator”, which includes the category of fishermen, refers to a migrant worker who works on a ship registered in a country of which he is not a national.

(D) The term “worker on a maritime establishment” refers to a migrant worker who works on a maritime establishment under the jurisdiction of a state that is not a national.

(E) The term “wandering worker” refers to a migrant worker whose usual place of residence in a country is forced to travel to another country or countries for short periods due to the nature of his profession,

(F) The term “project related worker” refers to a migrant worker who accepts in the country of work for a specified period in order to work only on a specific project being implemented in that country by his employer.

(G) The term “specified-employment worker” refers to a migrant worker: 1 who is sent by the employer for a specific, limited period of time to the country of employment, to carry out a specific task or duty, or
2 Who performs for a limited and specific period of time work that requires professional, commercial, technical or “other highly specialized skills,” or
3 He who, at the request of the employer in the country of work, carries out a “limited and specific period of time for work that is temporary or short in nature, and who has to leave the country of work either at the end of the authorized residency period or before it if he is no longer undertaking that task. The specified or the specified duty or is occupied with that work,

(H) The term “self-employed” refers to a migrant worker who carries out a remunerated activity other than the activity performed under an employment contract, and earns his livelihood through this activity that he usually carries out alone or in association with members of his family, or to any other migrant worker who admits In the legislation applicable in the country of employment or in bilateral or multilateral agreements as a self-employed worker.

Article 3
This agreement does not apply to:
A - Persons sent or employed by international organizations and agencies or persons sent or employed by a state outside its territory to perform official duties, and their acceptance and status shall be regulated by general international law or specific international agreements or conventions.

B - Persons to whom a state or its representative sends or employs them outside its territory, and who participate in development and other cooperation programs, and their admission and status are regulated by agreement with the country of employment and are not considered, under that agreement, migrant workers.

C - Persons who reside in a country different from their country of origin as investors.

D- Refugees and stateless persons, unless applicable in the relevant national legislation of the State Party concerned or in the international instruments applicable to it.

E- Students and trainees,

F- Navigators and workers on maritime installations who were not permitted to reside and engage in remunerated activity in the country of work.

Article 4

For the purposes of this agreement, the term “family members” refers to persons married to migrant workers or with whom they have a relationship that creates, in accordance with applicable law, effects equivalent to marriage, as well as their dependent children and other concerned persons who are recognized as members of the family in accordance with applicable legislation or agreements Bilateral or multilateral implementation between the countries concerned.

Article 5
For the purposes of this convention, migrant workers and members of their families:
A - They are considered to be in possession of the necessary documents or in a legal situation if they are authorized to enter, reside, and engage in a remunerated activity in the state of work under the law of that state and under international agreements to which that state is a party.

B - They are considered not in possession of the necessary documents or in an irregular situation if they do not comply with the conditions stipulated in subparagraph (a) of this Article.

Article 6
For the purposes of this agreement
A- The term “country of origin” means the state of which the person concerned is a national.

B- The term “country of work” means the state in which the migrant worker will practice, or currently, or engage in a remunerated activity, as the case may be,

C - The term “transit country” means any country in which the person concerned passes on any trip to the country of employment or from the country of work to the country of origin or the country of habitual residence.

part two

Non-discrimination in rights

Article 7
States Parties undertake, in accordance with international human rights instruments, to respect and secure the rights stipulated in this convention for all migrant workers and members of their families who are within their territory or subject to their jurisdiction without discrimination of any kind, such as discrimination on the grounds of sex, race, color or language, Or religion or belief, political or other opinion, national, ethnic, or social origin, nationality, age, economic status, property, marital status, birth, or any other condition.

the third part

Human rights of all migrant workers and members of their families

Article 8
1 - Migrant workers and members of their families are free to leave any country, including the country of their origin. This right is not subject to any restrictions except for those stipulated by law and required by the protection of national security, public order, public health, public morals, or the rights and freedoms of others, which are consistent with the other rights recognized in this part of the agreement.

2- Migrant workers and members of their families shall have the right at any time to enter and remain in their country of origin.

Article 9
The law protects the right to life of migrant workers and members of their families.

Article 10
A migrant worker or any member of his family shall not be subjected to torture or cruel, inhuman or degrading treatment or punishment.

Article 11
1- Do not expose a migrant worker or any member of his family to slavery or servitude.

2- A migrant worker or any member of his family is not required to work forcibly or forcibly.

3- It is not considered that paragraph 3 of this article prohibits, in countries where imprisonment with hard labor may be imposed as a punishment for a crime, the performance of hard labor in accordance with a ruling ordering this punishment issued by a competent court.

4- For the purposes of this article, the term “forced or compulsory labor” does not include.

A - Any work or service not referred to in Paragraph 3 of this Article that is usually required of a detained person as a result of a legal order issued by a court, or a person requested during the period of conditional release from this detention.

B- Any service required in cases of emergency or disasters threatening the life or welfare of society,

C- Any work or service that forms part of the normal civil obligations as long as it is imposed also on the nationals of the State concerned.

Article 12
1- Migrant workers and members of their families have the right to freedom of thought, conscience, and religion. This right includes the freedom to have a religion or belief of their choice or to profess this religion or belief, and the freedom to demonstrate their religion or belief, either alone or with a group and publicly, or privacy, worship and ritual establishment, practice and education.

2- Do not expose migrant workers and their family members to coercion that detracts from their freedom to have a religion or belief of their choice, or to profess this religion or belief,

3 - The freedom to demonstrate an individual's religion or belief is subject only to restrictions determined by law and required by the protection of public safety, public order, public health, public morals, or the rights and fundamental freedoms of others.

4- The states parties to this convention undertake to respect the freedom of parents, of whom at least one is a migrant worker, and legal guardians, if any, in securing the religious and moral education for their children according to their own beliefs.

Article 13
1- Migrant workers and members of their families have the right to hold opinions without any interference.

2- Migrant workers and members of their families have the right to freedom of expression, and this right includes the freedom to seek, receive and impart all kinds of information and ideas, regardless of boundaries, whether by word, writing or printing, or in artistic form or any other medium they choose.

3- The exercise of the right stipulated in Paragraph 3 of this Article carries with it special duties and responsibilities. Therefore, they may be subject to some restrictions, provided that they are provided by law and are necessary:

A - to respect the rights of others or their reputation

B - To protect the national security of the countries concerned, public order, health or public morals

C- For the purpose of preventing any propaganda for war

D - for the purpose of preventing any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.

Article 14
A migrant worker or any member of his family shall not be subjected to arbitrary or unlawful interference in his private life, family affairs, home, correspondence or other communications, or to unlawful attacks on his honor and reputation. Every migrant worker and every member of his family is entitled to the protection of the law against this interference or attacks.

Article 15
A migrant worker or any member of his family is not arbitrarily deprived of his property, whether it is owned individually or jointly with others. If the property of a migrant worker or a member of his family is totally or partially confiscated, according to the legislation in force in the country of employment, the person concerned is entitled to receive fair and adequate compensation.

Article 16
1- Migrant workers and members of their families have the right to liberty and personal safety.

2- Migrant workers and members of their families have the right to obtain effective protection from the state from exposure to violence, bodily injury, threats and intimidation, whether by public officials or at the hands of private persons, groups or institutions.

3.Any verification of the identity of migrant workers or their family members carried out by law enforcement officials must be conducted according to procedures specified by law.

4- Migrant workers and members of their families, individually or collectively, shall not be subjected to arbitrary arrest or detention, nor shall they be deprived of their freedom except for reasons and in accordance with procedures specified by law.

5- Migrant workers or their family members shall be informed of the reasons for their arrest upon arrest, and to the extent possible, in a language they understand. They are also promptly notified, in a language they understand, of the charges against them.

6- Migrant workers or members of their families who have been arrested or detained on a criminal charge shall be brought promptly before a judge or any other official authorized by law to exercise judicial authority, and they shall have the right to trial within a reasonable period or release. As a general rule, they may not be held in pretrial detention pending trial, but their release may be subject to guarantees to ensure that they will appear for trial at any other stage of the judicial process, and to ensure the execution of the judgment when necessary.

7 - In the event that a migrant worker or member of his family is arrested, imprisoned, or remanded in custody pending his being brought to trial or detained in any other way:

A- The consular or diplomatic authorities of the country of origin or the state representing the interests of that state shall be notified without delay, if requested to do so, of his arrest or detention and the reasons for that.

B - The person concerned shall have the right to contact the aforementioned authorities. Any message from the concerned person is referred to the aforementioned authorities without expressing, and he has the right to receive without delay messages from the aforementioned authorities.

C- The person concerned shall be informed without delay of this right and of the rights derived from the relevant treaties, if any, of the region between the states concerned, to correspond with and meet with representatives of the aforementioned authorities and to make arrangements with them for his legal representation.

8- Migrant workers and members of their families who are deprived of their liberty by arresting or detaining them have the right to file a lawsuit before the court, for that court to decide without delay on the legality of their detention and order their release if the detention is unlawful. When they attend this case, they are provided with the assistance of an interpreter, if necessary and without bearing the costs of it, if they are unable to understand or speak the language used.

9 - Migrant workers and members of their families who have fallen victim to illegal arrest or detention have an enforceable right to compensation.

Article 17
1- Migrant workers and members of their families who are deprived of their life shall be treated humanely with respect for the inherent dignity of the human being and their cultural identity.

2- Accused migrant workers and members of their families are isolated from convicted persons, except in exceptional circumstances, and receive different treatment commensurate with their status as non-convicted persons. As for accused juveniles, they are separated from adults and referred to the judiciary as soon as possible.

3- Any migrant worker or member of his family who is detained in the State of transit or in the State of work for violating the provisions relating to immigration shall be placed separately from convicted persons or persons detained pending trial, whenever this is practicable.

4- The objective of the treatment of a migrant worker or a member of his family during any period of imprisonment in implementation of a judgment issued by a judicial court is to reform and socialize him. Juvenile offenders are separated from adults and treated as appropriate for their age and legal status.

5- Migrant workers and their family members during detention or imprisonment enjoy the same rights as citizens to be visited by their family members.

6- If a migrant worker is deprived of his freedom, the competent authorities in the concerned country shall be concerned with the problems that may arise for his family members, especially for his wife and minor children.

7- Migrant workers and members of their families who are subjected to any form of detention or imprisonment in accordance with the laws in force in the country of employment or in the country of transit enjoy the same rights as nationals of that state who are in the same situation.

8- If a migrant worker or a member of his family is detained with the intention of verifying any violation of the provisions related to immigration, he shall not bear any expenses incurred for that.

Article 18
1- Migrant workers and members of their families have the right to equality with nationals of the concerned country before courts of all kinds. Upon proving any criminal charge against them, or determining their rights and obligations in a lawsuit, they shall have the right to hear their statements in a fair and public manner before a competent, independent and impartial court to be held in accordance with the law.

2- Migrant workers and members of their families who have been charged with a criminal offense have the right to be presumed innocent until proven guilty according to the law.

3- Migrant workers and members of their families, upon proving any criminal charge against them, have the right to obtain the following guarantees, as a minimum:

A- Inform them immediately and in detail in a language they understand of the nature and cause of the accusation against them.

B - Allow sufficient time and facilities for them to prepare their defense and contact lawyers of their choice.

C- To prosecute them without undue delay.

D- They are tried in their presence, and they defend themselves by themselves or with legal assistance of their choice, inform them of this right if there is no legal aid available to them, and allocate legal aid to them in any case where the interest of justice requires this and without them paying anything in any such case if it is not They have enough resources to pay for this help.

E - Their interrogation or request to cross-examine witnesses against them and summon and interrogate witnesses for their defense under the same conditions that apply to witnesses against them.

F- Free access to the assistance of an interpreter if they do not understand or speak the language used in court.

G - not to force them to testify against themselves or to admit that they are guilty.

4- In the case of juveniles, the case procedures shall take into account their ages and the desirability of working on their rehabilitation.

5- Migrant workers and members of their families who have been convicted of a crime have the right to have their conviction and judgment issued against them reviewed by a higher court in accordance with the law.

6- When a final judgment is issued convicting a migrant worker or a member of his family for a criminal act, and when the conviction judgment is later overturned or he is pardoned on the basis that a new or newly discovered incident has categorically proven that there has been a miscarriage of justice, he shall be compensated according to the law of the person. To whom the punishment was imposed as a result of this conviction, unless it is proved that the failure to disclose in a timely manner the unknown incident is due in whole or in part to that person.

7- A migrant worker or any member of his family shall not be subjected to prosecution or punishment again for a crime for which he was previously convicted or finally acquitted in accordance with the law and the criminal procedures followed in the country concerned.

Article 19
1- A migrant worker or any member of his family shall not be considered guilty of any criminal act due to any act or actions that did not, at all times, constitute a criminal act under national or international law, and no more severe punishment is imposed than that which was applied at the time of its commission. If a text in a law issued after the commission of the offense is permitted with the purpose of a lighter penalty, he must benefit from this provision.

2- When imposing any penalty for a criminal act committed by a migrant worker or a member of his family, take into account the humanitarian considerations related to his situation, especially those related to his right to residency or work.

Article 20
1- A migrant worker or any member of his family may not be imprisoned solely for failure to fulfill a contractual obligation.

2 - It is not permissible to deprive a migrant worker or any member of his family from a residence permit or a work permit or to expel him solely for not fulfilling an obligation arising from a work contract, unless fulfilling that obligation constitutes a condition for that permission or permit.

Article 21
It is not legally permissible for any person, unless he is an official official duly authorized by law, to confiscate, destroy, or attempt to destroy identity documents, documents authorizing entry into the national territory, or to stay, reside or settle therein, or work permits. These documents may not be confiscated in an authorized form without giving a detailed receipt. Under no circumstances may a passport or document equivalent to that of a migrant worker or a member of his family be destroyed.

Article 22
1- Migrant workers and members of their families shall not be subjected to collective expulsion procedures. Each case of expulsion is examined and decided separately.

2- Migrant workers and members of their families may not be expelled from the territory of a state party except pursuant to a decision taken by the competent authority in accordance with the law.

3- They are notified of the decision in a language they understand. Upon their request, and wherever this is not compulsory, they shall be notified of the decision in writing, and they shall also be notified of the reasons on which the decision was based, except in exceptional cases required by national security. The concerned persons shall be informed of these rights prior to the issuance of the decision or at most at the time of its issuance.

4- The person concerned has the right, except in the event of a final decision issued by a judicial body, to present the justifiable reasons for not being expelled and for the competent authority to review his case, unless the necessities of national security dictate otherwise. And while the review takes place, the person concerned has the right to request the suspension of the expulsion decision.

5 - The person concerned has the right, if at a later time an expulsion decision that has already been implemented is canceled, to request compensation in accordance with the law, and the previous decision may not be used to prevent him from returning to the country concerned.

6- In the event of expulsion, the person concerned shall be given a reasonable opportunity before or after departure to settle any claims related to wages and other dues payable to him, and to settle any outstanding responsibilities.

7 - Without prejudice to the implementation of an expulsion decision, a migrant worker or any member of his family subject to this decision may seek to enter a country other than the country of origin.

8- In the event that a migrant worker or a member of his family is expelled, none of them shall bear the costs of the expulsion. The person concerned may be asked to pay for his travel costs.

9 - Dismissal from the country of employment does not, in and of itself, affect any rights of a migrant worker or a member of his family acquired in accordance with the law of that state, including the right to receive wages and other benefits due to him.

Article 23
Migrant workers and members of their families enjoy the right to asylum, to the protection and assistance of the consular or diplomatic authorities of their country of origin or the state representing the interests of that state, whenever there is an infringement of the rights recognized in this convention. In particular, in the event of expulsion, the person concerned shall be notified of this right without delay, and the authorities of the expelling State shall facilitate the exercise of this right.

Article 24
Every migrant worker and every member of his family has the right to be recognized everywhere as a person before the law.

Article 25
1- Migrant workers enjoy treatment that is not less respectful than the treatment that applies to nationals of the country of work in terms of wages and in terms of the following:

A- Other work conditions, that is, overtime pay, working hours, weekly rest, paid vacation days, safety, health, termination of the employment relationship, and other work conditions covered by this term under national law and national practice.

B - Other conditions of use, that is, the minimum age for employment, restrictions imposed on work at home, and any other issue that national law and national practice consider a condition of employment.

2- It is not legitimate to derogate from the principle of equal treatment referred to in paragraph 1 of this article in private work contracts.

3- State Parties shall take all appropriate measures to ensure that migrant workers are not deprived of any rights arising from this principle due to any violation of their residence or employment. In particular, employers are not exempt from any legal or contractual obligations and their obligations are not restricted in any way due to any such breach.

Article 26
1- States Parties recognize the right of migrant workers and members of their families to:

A- Participating in trade union meetings and activities and any other associations established in accordance with the law, with the aim of protecting their economic, social, cultural and other interests, subject only to the regulations of the relevant organization.

B - freely join any trade union or any association such as the aforementioned associations, subject only to the regulations of the organization concerned.

C- Seek help and assistance from any trade union and any association like the aforementioned associations.

2- It is not permissible to place any restrictions on the exercise of these rights except for those stipulated by law and which are necessary in a democratic society in the interest of national security and public order or the protection of the rights and freedoms of others.

Article 27
1- With regard to social security, migrant workers and members of their families in the country of employment enjoy the same treatment as nationals of the state to the extent that they fulfill the conditions stipulated by the legislation applicable in that state and the bilateral and multilateral treaties applicable therein. The competent authorities in the country of origin and the country of employment may, at any time, put in place the necessary arrangements to determine the means of applying this rule.

2- In cases where the applicable legislation does not allow migrant workers and members of their families to enjoy a benefit, the States concerned shall consider the possibility of paying the persons concerned the amount of the contributions that they have contributed to in relation to this benefit, on the basis of the treatment with which the nationals who are in similar circumstances are treated .

Article 28
Migrant workers and members of their families have the right to receive any medical care that is urgently needed to save their lives or to avoid irreparable harm to their health on the basis of equality of treatment with the nationals of the state concerned. They are not deprived of this emergency medical care because of any violation of residence or employment.

Article 29
Every child of a migrant worker has the right to obtain a name, to register his or her birth, and to acquire a nationality.

Article 30
Every child of a migrant worker has the basic right to receive education on the basis of equality of treatment with nationals of the country concerned. It is not permissible to refuse or restrict the possibility of joining governmental institutions for pre-school education or schools because of the irregular situation in terms of residence or employment for either of the parents, or because of the irregular status of the child's residency in the country of work.

Article 31
1- State parties shall guarantee respect for the cultural identity of migrant workers and members of their families and do not prevent them from keeping their cultural ties with their country of origin.

2 - States Parties may take appropriate measures necessary to assist and encourage efforts made in this regard.

Article 32
Migrant workers and members of their families have the right, upon the end of their stay in the country of employment, to transfer their income and savings, and to carry with them, in accordance with the legislation in the countries concerned, their luggage and personal property.

Article 33
1 - Migrant workers and members of their families have the right to inform them of the country of origin, the country of employment or the country of transit, as the case may be, of the following:

A- Their rights arising from this agreement

B - The conditions for admission, their rights and obligations under the law and practice in the country concerned, and other matters that enable them to adhere to administrative procedures or other formalities in that state.

2- State Parties shall take all measures it deems appropriate to publish the aforementioned information or ensure its provision by employers, trade unions, bodies or other competent institutions, and shall cooperate with other concerned states, as necessary.

3 - That sufficient information is provided, upon request, to migrant workers and members of their families free of charge and, as far as possible, in a language they can understand.

Article 34
Nothing in this part of the convention has the effect of exempting migrant workers and members of their families from either the obligation to abide by the laws and regulations of each country of transit and the state of employment or the obligation to respect the cultural identity of the residents of those countries.

Article 35
Nothing in this part of the convention shall be interpreted as involving the settlement of the status of migrant workers or members of their families who are not in possession of the necessary documents or in an irregular situation, or any right to such a settlement of their status, nor does it affect measures aimed at ensuring the creation of sound and equitable conditions. For international migration as stipulated in Part VI of this Agreement.

part Four

Other rights for migrant workers and members of their families in possession of the necessary documents or in a regular situation

Article 36
Migrant workers and members of their families in possession of the necessary documents, or who are in a regular situation in the country of employment, shall enjoy the rights stipulated in this part of the agreement in addition to the rights stipulated in Part III.

Article 37
Migrant workers and members of their families have the right, before their departure from the country of origin or, at most, at the time of their entry into the country of work, to inform them of the country of origin or the country of work, as appropriate, to be fully informed of all conditions applicable to their entry, and in particular the conditions relating to their residence and the activities that may be permitted. They can practice it for a fee, in addition to the requirements that they must satisfy in the country of work, and the authority that they must contact to make any amendment to these conditions.

Article 38
The countries of employment shall make every effort to permit migrant workers and members of their families to be temporarily absent, without this having an effect on their permission to reside or work, as the case may be. In this regard, the countries of employment shall take into account the special needs of migrant workers and members of their families and their obligations, especially in their countries of origin. Migrant workers and members of their families shall have the right to provide them with adequate information on the conditions under which these temporary absences are authorized.

Article 39
1- Migrant workers and members of their families shall have the right to freedom of movement in the territory of the State of employment and the freedom to choose their place of residence.

2 - The rights mentioned in Paragraph 1 of this Article shall not be subject to any restrictions except for those stipulated by law and required by the protection of national security, public order, public health, public morals, or the rights and freedoms of others, which are in line with the other rights recognized in this agreement.

Article 40
Migrant workers and members of their families shall have the right to form associations and trade unions in the country of employment to promote and protect their economic, social and cultural rights and other interests. It is not permissible to place any restrictions on the exercise of this right except for those stipulated by law and which are necessary in a democratic society in the interest of national security and public order, or to protect the rights and freedoms of others.

Article 41
1- Migrant workers and members of their families have the right to participate in public affairs in their country of origin, to vote and be elected in elections held in that country, in accordance with its legislation.

2 - The States concerned shall, as appropriate and in accordance with their legislation, facilitate the exercise of these rights.

Article 42
1 - States Parties shall consider establishing procedures or establishing institutions through which the special needs, safety and obligations of migrant workers and members of their families can be taken into account, whether in the countries of origin or the countries of employment, and envisage, as appropriate, the possibility of having migrant workers and members of their families in those countries. Institutions, freely chosen actors.

2 - States of employment shall facilitate, in accordance with their national legislation, the consultation of migrant workers and members of their families or their participation in making decisions related to the life and administration of local communities.

3- Migrant workers may enjoy political rights in the state of work if that state grants them these rights in the exercise of its sovereignty.

Article 43
1- Migrant workers enjoy equal treatment with nationals of the country of employment with regard to the following:

A- Access to educational institutions and services, subject to admission requirements and other regulations of relevant institutions and services.

B- Access to professional guidance and employment services.

C- Access to vocational training and retraining facilities and institutions,

D- Access to housing, including social housing projects, and protection from exploitation in relation to rent,

E- Access to social and health services, provided that the requirements for participation in the programs of these services are fulfilled.

F- Access to cooperatives and self-administered institutions without this implying a change in their immigration status and taking into account the rules and regulations of the concerned bodies,

G- Access to and participation in cultural life.

2 - States Parties create conditions that guarantee de facto equality of treatment to enable migrant workers to enjoy the rights mentioned in paragraph 1 of this article whenever they fulfill the conditions of their residence, as authorized by the state of employment, with the appropriate requirements.

3- The countries of employment do not prevent the employer of migrant workers from establishing housing, social or cultural facilities for them. Subject to Article 70 of this Agreement, the State of Work may make the establishment of these facilities subject to the conditions generally applied in this regard in that State.

Article 44
1- States Parties, recognizing that the family is the natural and fundamental group unit of society, and that it is entitled to protection by society and the State, shall take appropriate measures to ensure the protection of the family unit of migrant workers.

2 - States Parties shall take whatever measures it deems appropriate and fall within the scope of their competence to facilitate the reunification of migrant workers with their spouses or with persons with whom they have a relationship that, in accordance with the applicable law, creates effects equivalent to marriage, as well as with their dependent children who are unmarried minors.

3 - States of workers shall consider sympathetically, on humanitarian grounds, equal treatment, as provided for in paragraph 2 of this article, to other members of the families of migrant workers.

Article 45
1- Members of the families of migrant workers shall enjoy, in the state of employment, equal treatment with nationals of that state, with respect to the following:

A- Access to educational institutions and services, subject to admission requirements and other regulations of relevant institutions and services.

B- Access to vocational guidance and training institutions and services, provided that the requirements for participation in them are fulfilled.

C- The possibility of obtaining social and health services, provided that the requirements for participation in the programs of these services are fulfilled.

D - Access to and participation in cultural life.

2- The countries of employment shall pursue, in cooperation with the countries of origin when necessary, a policy aimed at facilitating the integration of children of migrant workers into the local school system, especially with regard to teaching them the local language.

3 - The States of employment shall endeavor to facilitate the teaching of the indigenous language and culture to the children of migrant workers, and in this regard, the countries of origin shall cooperate with them where appropriate.

4- States of employment may provide educational programs in the original language for the children of migrant workers, in cooperation with the countries of origin when necessary.

Article 46
Migrant workers and members of their families enjoy, subject to the applicable legislation of the countries concerned, as well as the relevant international agreements and the obligations of the concerned states arising from their participation in customs unions, exemption from import and export duties and taxes in relation to their personal and household belongings as well as the equipment necessary to practice the activity for which they are paid and allowed They may enter the country of work to practice it, and that:

A- Upon leaving the country of origin or the country of habitual residence,

B- When they are initially permitted to enter the country of employment,

C - upon leaving the country of work permanently

D- Upon final return to the country of origin or the country of habitual residence.

Article 47
1- Migrant workers have the right to transfer their income and savings, especially funds needed to support their families, from the state of work to their country of origin or to any other country. These transfers are carried out according to the procedures specified by the applicable legislation of the country concerned and in accordance with the applicable international agreements.

2- The concerned states shall take appropriate measures to facilitate these transfers.

Article 48
1.Without prejudice to applicable agreements related to double taxation, migrant workers and members of their families, with regard to the incomes they obtain in the State of employment:

A- It is not permissible to compel them to pay taxes, tolls, or fees, whatever their description, which are greater or more burdensome than what is imposed on citizens in similar circumstances.

B - They shall have the right to deductions or exemptions from taxes, whatever their description, or to any tax allowances applied to nationals in similar circumstances, including the tax allowances related to the dependents of their family members.

2 - States Parties shall endeavor to adopt appropriate measures to avoid double taxation on the entry and savings of migrant workers and members of their families.

Article 49
1- Where national legislation requires separate authorizations to reside and to engage in work, States of employment shall issue migrant workers a residence permit for a period of no less than the period of permission to engage in remunerated activity.

2- Migrant workers who are allowed in the country of work freely to choose the activity they practice for a wage are not considered in an irregular situation and do not lose their permission to reside, just because the activity they are engaged in for a wage before the expiry of their work permits or similar permits.

3- To give the migrant workers referred to in paragraph 2 of this article sufficient time to find alternative activities that they engage in for a wage, residence permits are not withdrawn for a period not less than the period during which they may be entitled to unemployment benefits.

Article 50
1- In the event of the death of the migrant worker or the dissolution of the marital bond, the state of employment shall sympathetically consider granting the family members of that migrant worker residing there on the basis of family reunification permission to stay, and the state of employment takes into account the length of time during which they have resided in that state.

2- Family members who are not granted this permission shall have a reasonable period of time, prior to departure, to enable them to settle their affairs in the country of employment.

3- The provisions of Paragraphs 1 and 2 of this Article shall not be interpreted in such a way as to prejudice any right to residency and work granted to these family members, were it not for these provisions, the legislation of the state of work or the bilateral or multilateral treaties applicable to that state.

Article 51
Migrant workers who are not allowed in the country of work freely to choose the activity they practice for a wage are not considered in an irregular situation, and they do not lose their permission to reside merely to terminate the activity they engage in for a wage before the expiration of their work permits, unless the residence permit is expressly dependent on Specific paid activity practiced and for which they were allowed entry. These migrant workers shall have the right to seek alternative work and participate in public work projects and retraining during the remaining period of their work permit, subject to the conditions and restrictions stipulated in the work permit.

Article 52
1- Migrant workers in the country of employment shall have the right to freely choose the activities they engage in for a fee, subject to the following restrictions or conditions:

2 - The State of employment may, in relation to any migrant worker:

A- To limit access to limited categories of businesses, jobs, services, or activities in cases where this is necessary for the interests of this state and is stipulated in national legislation.

B - To restrict the freedom to choose the remunerated activity in accordance with its legislation related to the recognition of professional qualifications obtained outside its territory. Nevertheless, the States Parties concerned shall endeavor to make the necessary arrangements for the recognition of these qualifications.

2 - The State of employment may also, for migrant workers in possession of a time-limited work permit:

A- To make the right to freely choose the activities they engage in for a wage conditional on that the migrant worker has resided in its territory legally for the purpose of engaging in a remunerated activity for a specified period of time, as its national legislation should not exceed two years.

B - To restrict the migrant worker’s access to remunerated activities, pursuant to a policy of granting priority to her nationals or to persons who are similar to them for these purposes under legislation or bilateral or multilateral agreements. This restriction does not apply to a migrant worker who has lawfully resided in its territory for the purpose of engaging in remunerated activity for a period of time specified in its national legislation that should not exceed five years.

4- The countries of work determine the conditions under which a migrant worker, who is permitted to enter work, is authorized to carry out work for his own account. The period that the worker has already legally spent in the country of employment shall be taken into consideration.

Article 53
1- Members of the migrant worker’s family who themselves have a residence permit or entry that is not limited in time or automatically renewable shall be allowed to freely choose an activity that they practice in return for a fee, under the same conditions that apply to this migrant worker in accordance with Article 52 of this agreement.

2- With regard to members of the family of a migrant worker who are not permitted to freely choose a remunerated activity, States Parties favor sympathetically giving them priority over other workers seeking entry to the country of work in obtaining permission to engage in remunerated activity, subject to bilateral and multilateral agreements. Applicable.

Article 54
1- Migrant workers shall enjoy, without prejudice to the provisions of their residence permits or work permits, and the rights stipulated in articles 35 and 37 of this agreement, equal treatment with nationals of the country of work in terms of:

A- Protection from dismissal,

B- Unemployment benefits

C- Benefiting from active work projects intended to combat unemployment,

D- The possibility of obtaining an alternative job in the event of losing work or terminating the other activity they are engaged in for another, subject to Article 53 of this agreement.

2- If a migrant worker claims that his employer has violated the terms of his work contract, he is entitled to file his case to the competent authorities in the country of work, according to the conditions stipulated in paragraph 1 of Article 18 of this agreement.

Article 55
Migrant workers who have been granted a permit to engage in a remunerated activity, subject to the conditions attached to that permit, are entitled to enjoy equal treatment with nationals of the country of work in the practice of this activity in return for remuneration.

Article 56
1- Migrant workers and members of their families referred to in this part of the convention may not be expelled from the state of employment except for the reasons specified in the national legislation of that state and subject to the guarantees established in Part III.

2- He shall not resort to expulsion as a means to deprive any migrant worker or member of his family from the rights arising from permission to residency and work permit.

3- When considering the expulsion of a migrant worker or a member of his family, consideration should be given to humanitarian considerations and the length of time during which the person concerned has resided in the State of employment.

Part V

Provisions applicable to special categories of migrant workers and members of their families

Article 57
Special groups of migrant workers and members of their families specified in this part of this agreement, who possess the necessary documents or are in a regular situation, shall enjoy the rights stipulated in Part Three, and the rights stipulated in Part Four, subject to the amendment thereof below.

Article 58
1- Border workers, as defined in Paragraph 3 (a) of Article 2 of this Agreement, are entitled to enjoy the rights stipulated in Part Four that may be applied to them by reason of their presence and work in the territory of the State of work, provided that they do not reside in The face of habituation in that state.

2- The countries of employment consider with sympathy granting border workers the right to freely choose the activity they engage in for a wage after a specified period of time. The granting of this right does not affect their status as border workers.

Article 59
1- Seasonal workers, as defined in Paragraph 2 (b) of Article 2 of this agreement, are entitled to enjoy the rights stipulated in Part Four that may be applied to them because of their presence and work in the territory of the State of work, and which are consistent with their position in that state as seasonal workers. Taking into account that they are only present in that country for part of the year.

2- The State of Work, subject to paragraph 1 of this Article, shall consider granting seasonal workers who have worked in its territory for a long period of time the possibility to engage in other activities for remuneration, while giving them priority over other workers seeking to enter that state, subject to bilateral and multiple applicable bilateral agreements. the parties.

Article 60
It is the right of migrant workers, as defined in Paragraph 3 (e) of Article 3 of this agreement, to enjoy the rights stipulated in Part Four that may be granted to them because of their presence and work in the territory of the State of work, and which are consistent with their status as itinerant workers in that state.

Article 61
1- Workers associated with a project, as defined in Paragraph 3 (f) of Article 3 of this Agreement, and members of their families, are entitled to enjoy the rights stipulated in Part Four, with the exception of the provisions of Paragraphs 1 (b) and (c) of Article 43, and Paragraph 1. 1 (d) of Article 43 as it relates to social housing projects, Paragraph 1B of Article 45, and Articles 53 to 55

2- If a worker related to a project claims that his employer has violated the terms of his work contract, then he is entitled to submit his case to the competent authorities in the country that has jurisdiction over that employer, according to the conditions stipulated in Paragraph 1 of Article 18 of this Agreement.

3- Subject to bilateral or multilateral agreements in force for the concerned states parties, these states parties seek to enable workers associated with projects to remain adequately protected by the social security systems of their country of origin or country of habitual residence, during their work on the project. The State Parties concerned shall take appropriate measures with the aim of avoiding any denial of rights or duplication of payment in this regard.

4 - Without prejudice to the provisions of Article 47 of this agreement and the relevant bilateral or multilateral agreements, the states parties concerned shall allow the payment of the profits earned by workers associated with projects to them in their country of origin or the country of habitual residence.

Article 62
1- Determined employment workers, as defined in Paragraph 3 (g) of Article 3 of this Agreement, shall be entitled to the rights stipulated in Part Four, with the exception of the provisions of Paragraphs 1 (b) and (c) of Article 43, and Paragraph 1 (D). 2) of Article 43 in terms of its relevance to social housing projects, Article 53 and Paragraph 1 d of Article 54 -2 Members of the families of fixed-employment workers shall have the right to enjoy the rights related to members of the workers' families. Immigrants stipulated in Part IV of this Convention, with the exception of the provisions of Article 53

Article 63
1- Self-employed workers, as defined in Paragraph 3 (h) of Article 3 of this Agreement, shall be entitled to enjoy the rights stipulated in Part Four with the exception of rights that apply only to workers in possession of a work contract.

2 - Without prejudice to articles 53 and 79 of this agreement, the termination of the economic activity of the self-employed does not in itself mean the withdrawal of the permission granted to them or their family members to stay or engage in a remunerated activity in the country of work, unless the residence permit is expressly dependent on The specific activity practiced for a fee and for which they were allowed entry.

Part VI

Promote sound, equitable, humane and lawful conditions in relation to international migration of workers and members of their families

Article 64

1- The States Parties concerned shall consult and cooperate, as appropriate, without prejudice to Article 79 of this Convention, with the aim of promoting sound, equitable and humane conditions in connection with international migration of workers and members of their families.

2 - In this regard, due consideration should be given not only to the needs and resources of the labor force but also to the social, economic, cultural and other needs of migrant workers and members of their families concerned, as well as the effects of this migration on the societies concerned.

Article 65
1- States Parties shall maintain appropriate services to address issues related to international migration of workers and members of their families. Its competencies include, inter alia, the following:

A- Developing and implementing policies related to this migration,

B - Exchange of information, consultation and cooperation with the competent authorities in the other countries concerned with this migration.

C- Providing appropriate information, especially to employers, workers and their organizations, on policies, laws and regulations related to migration and employment, on agreements concluded with other countries regarding immigration, and on other related matters.

D- Providing information and providing appropriate assistance to migrant workers and members of their families regarding permits, official procedures and the necessary arrangements related to these in terms of departure, travel, arrival, residence, activities for pay, exit and return, as well as information related to working and living conditions in the country of work and customs laws and regulations , Currency, taxes, and other relevant laws and regulations.

2 - States Parties shall facilitate, as appropriate, the provision of adequate consular and other services necessary to meet the social, cultural and other needs of migrant workers and members of their families.

Article 66
1- Subject to the provisions of paragraph 3 of this Article, the right to carry out operations aimed at employing workers for work in another country is limited to the following authorities:

A- The departments or public bodies of the state in which these operations take place.

B- The departments or public bodies of the state of work, on the basis of an agreement between the two concerned countries.

C- A body established as a result of a bilateral or multilateral agreement.

2- Subject to any permission issued by the public authorities of the States Parties concerned and their approval and supervision as may be determined under the national legislation and national practice of those states, agencies and potential employers or persons acting on their behalf may also carry out the aforementioned operations.

Article 67
1 - States Parties concerned shall cooperate, as appropriate, in adopting measures regarding the orderly return of migrant workers and members of their families to the country of origin when they decide to return or their residence or work permit expires, or when they are in the country of employment in an irregular situation.

2 - With regard to migrant workers and members of their families who are in a regular situation, the States Parties concerned shall cooperate, as appropriate, on terms agreed upon by those States, in order to work to create suitable economic conditions for their resettlement and to facilitate their permanent social and cultural reintegration in the country of origin.

Article 68
1- States Parties, including transit states, shall cooperate with the aim of preventing and stopping the illegal or clandestine movement and use of migrant workers in an irregular situation. The measures to be taken to achieve this goal, within the framework of the mandate of each state concerned, include the following:

A- Appropriate measures to prevent the dissemination of disinformation related to migration, exiting and entering.

B- Measures to uncover and eliminate illegal or clandestine movements of migrant workers and members of their families, and to impose effective sanctions on persons, groups or entities who organize or manage such movements or assist in organizing or managing them.

C- Measures for the purpose of effective sanctions against persons, groups or entities who use violence, threats or intimidation against migrant workers or members of their families who are in an irregular situation.

2- The states of employment shall take all appropriate and effective measures to ensure in their territories the cessation of the employment of migrant workers in an irregular situation, including the act, if necessary, with the aim of sanctions against those who employ such workers. These measures do not affect the rights arising from their employment of migrant workers over their employer.

Article 69
1 - States Parties shall, when there are migrant workers and members of their families in their territory in an irregular situation, take appropriate measures to ensure that this situation does not continue.

2- Whenever the States Parties concerned consider the possibility of regularizing the status of these persons in accordance with the applicable national legislation and bilateral or multilateral agreements, appropriate consideration shall be taken of their conditions of entry, the length of their stay in the State of employment, and other relevant considerations, especially those related to their family situation.

Article 70
States Parties shall take measures no less favorable than those applicable to their nationals to ensure that the working and living conditions of migrant workers and members of their families who are in a regular situation are in conformity with the standards of health, safety and health appropriateness and the principles of human dignity.

Article 71
1 - States Parties shall, wherever necessary, facilitate the return to the State of origin of migrant workers or members of their families who have died.

2. With regard to compensation issues relating to the death of a migrant worker or a member of his family, States Parties shall, as appropriate, provide assistance to the persons concerned with a view to resolving these matters promptly. These issues will be settled on the basis of the applicable national law in accordance with the provisions of this Agreement and any relevant bilateral or multilateral agreements.

Part Seven

Agreement implementation

Article 72
-1 (a) For the purpose of the continued application of this Convention, a Committee for the Protection of the Rights of Migrant Workers and Members of Their Families shall be established (hereinafter referred to as the “Committee”).

(B) Upon the entry into force of this convention, the committee shall consist of ten experts, and after the entry into force of the convention for the forty-first state party, of fourteen experts of moral standing, impartiality and competence recognized in the field covered by the convention.

-2 (a) States Parties shall elect the members of the Committee by secret ballot from a list of persons nominated by the States Parties, with due regard to equitable geographical distribution, including both countries of origin and countries of employment, and the representation of the main legal systems. Each state party may nominate one person from among its own nationals.

(B) Members are elected and serve in their personal capacity.

3- The first election shall take place no later than six months from the date of entry into force of this agreement, and the following elections shall be held every two years. The Secretary-General of the United Nations, at least four months before the date of each election, sends a letter to all states parties inviting them to submit the names of their candidates within two months. The Secretary-General shall prepare an alphabetical list of the names of all persons nominated in this manner, with a statement of the States Parties that nominated them, and shall present this list to the States Parties at least one month before the date of that election, with the progress of the persons nominated.

4- The election of the members of the Committee shall take place at a meeting convened by the States Parties upon the invitation of the Secretary-General at the headquarters of the United Nations. At that meeting, whose quorum is completed in the presence of two-thirds of the States Parties, the elected members of the Committee shall be the candidates who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting.

5 - (a) Members of the Committee shall hold office for a period of four years. However, the term of membership of five of the members elected in the first election ends with the lapse of two years, and immediately after the first election, the President of the Meeting of States Parties selects the names of these five members by lot.

(B) The election of the four additional members of the Committee shall be conducted in accordance with the provisions of paragraphs 2, 3 and 4 of this Article after the entry into force of the Agreement for the forty-first State Party. The term of office of two of the additional members elected on this occasion shall expire at the expiration of two years, and the President of the Meeting of States Parties shall choose the names of these two members by lot.

(C) The members of the Committee shall be entitled to re-election if they are re-nominated.

6- If a member of the Committee dies or resigns or declares that, for any other reason, he is no longer able to perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its nationals for the remainder of his term of office. And the new appointment is subject to the approval of the committee.

7 - The Secretary-General of the United Nations shall provide the necessary staff and facilities to the committee in order to perform its duties effectively.

8- Members of the Committee shall receive remuneration from United Nations resources in accordance with the terms and conditions that may be decided by the General Assembly.

9 - Members of the Commission shall be entitled to enjoy the facilities, privileges and immunities established for experts on mission to the United Nations, as provided for in the relevant parts of the Convention on the Privileges and Immunities of the United Nations.

Article 73
1- State Parties undertake to submit to the Secretary-General of the United Nations for consideration by the Committee a report on the legislative, judicial, administrative and other measures taken to implement the provisions of this convention as follows:

A- Within one year after the entry into force of the Agreement for the State Party concerned,

B - Then once every five years and whenever the committee requests that.

2- The reports submitted under this Article also indicate the factors and difficulties, if any, that affect the implementation of the Convention, and include information on characteristics that drive the waves of migration that the State Party is exposed to.

3. The Committee decides which other guidelines apply to the content of the reports.

4 - States Parties make their reports widely available to the public in their own countries.

Article 74
1- The Committee examines the reports submitted by each State Party, and transmits such comments as it deems appropriate to the State Party concerned. This State Party may submit to the Committee observations on any comments made by the Committee in accordance with this article. The Committee may, when it considers these reports, request supplementary information from the States Parties.

2- The Secretary-General of the United Nations shall transmit to the Director-General of the International Labor Office, at an appropriate time prior to the opening of each regular session of the Commission, copies of the reports submitted by the States Parties concerned and information relevant to the consideration of these reports, so that the Office can assist the Commission with the expertise it may provide The Office in relation to matters dealt with in this Convention and which fall within the competence of the International Labor Organization. The committee considers during its deliberations any comments or materials that the office may provide.

3. The Secretary-General of the United Nations, after consulting with the Committee, may also transmit to other specialized agencies as well as intergovernmental organizations copies of parts of these reports that may fall within the scope of their competence.

4 - The Committee may invite specialized agencies and other United Nations organs, as well as intergovernmental organizations and other relevant bodies, to submit written information on matters covered by this convention and fall within the scope of its activities, for the consideration of the Committee.

5 - The Commission invites the International Labor Office to designate representatives to participate, in an advisory capacity, in the meetings of the Commission.

6 - The committee may invite representatives of other specialized agencies and other United Nations bodies, as well as intergovernmental organizations, to attend its sessions and express their views whenever it considers matters falling within the field of competence of those bodies.

7 - The committee submits an annual report to the United Nations General Assembly on the implementation of this convention that includes its opinions and recommendations and is based, in particular, on studying the reports submitted by the states parties and the observations they provide.

8 - The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to this Convention, the Economic and Social Council, the United Nations Human Rights Committee, the Director General of the International Labor Office, and other relevant organizations.

Article 75
1- The committee shall adopt its bylaws.

2- The committee shall elect its officers for a period of two years.

3- The committee usually meets once a year.

4- The committee usually holds its meetings at the United Nations headquarters.

Article 76
1- Any state party to this convention may declare at any time under this article that it recognizes the competence of the committee to receive and study letters in which a state party claims that another state party does not fulfill its obligations under this convention. Letters addressed under this article may only be received and considered if they are submitted by a state party that has issued two declarations recognizing the competence of the committee in relation to the state itself. The committee does not receive any message if it pertains to a state party that has not made this declaration. Letters received under this Article shall be handled according to the following procedure:

A- If a state party to the convention believes that another state party is not fulfilling its obligations under this convention, it may direct the attention of that state party to that by a written letter. The State Party may also inform the Committee of the matter. Within three months of receiving the letter, the state receiving the letter shall provide to the sending state a clarification or other statement in writing clarifying the matter, provided that it includes, to the extent possible and to the extent relevant, an indication of the domestic legal measures and remedies that have been taken. Or wait taken or available for the issue.

B - If the matter is not resolved to the satisfaction of the two states parties concerned within six months of receiving the first message, either state has the right to refer the matter to the committee by means of a notification addressed to the committee and to the other state,

C - The committee does not deal with a matter referred to it until it has ascertained that all available domestic legal remedies have been used and exhausted in the matter in accordance with the generally recognized principles of international law. However, the Committee will not follow this rule as it considers that the application of legal redress procedures is unreasonably prolonged.

D- Subject to the provisions of subparagraph (c) of this paragraph, the committee shall provide its good offices to the two states parties concerned with the aim of reaching an amicable solution to the issue on the basis of respecting the obligations contained in this agreement.

E - The committee shall hold closed sessions when considering communications under this Article.

F - The committee, in any matter referred to it in accordance with subparagraph (b) of this paragraph, may request the two states parties concerned, referred to in subparagraph (b), to provide it with any relevant information.

G- The two concerned states parties referred to in subparagraph (b) of this paragraph shall have the right to be represented when the committee considers the matter and to present statements orally and / or in writing.

H- The committee shall submit, within twelve months from the date of receiving the notification under subparagraph (b) of this paragraph, a report as follows:

1 In the event that a solution is reached in accordance with the provisions of subparagraph (d) of this paragraph, the committee “shall limit its report to a brief statement of the facts and the solution reached,

2 In the event that no solution is reached in accordance with the provisions of subparagraph (d), the committee shall present in its report “the relevant facts regarding the issue between the two states parties concerned. The report shall be attached to the written statements and the minutes of oral statements submitted by the two states parties concerned, and the committee may also send to the two states parties concerned only any opinions it may consider relevant to the case between them. In each issue, the report is sent to the two states parties concerned.

2- The provisions of this Article shall enter into force when ten of the States Parties to this Agreement have made a declaration in accordance with Paragraph 1 of this Article. The States Parties shall deposit these declarations with the Secretary-General of the United Nations, who shall send copies of them to the other State Parties. The declaration may be withdrawn at any time by notification sent to the Secretary-General. This withdrawal does not prejudice the consideration of any matter that is the subject of a letter already transmitted under this article, and no other message is received from any state party under this article after the Secretary-General has received the notification of withdrawing the declaration, unless the State Party concerned has issued a new declaration.

Article 77
1- Any state party to this agreement may declare at any time under this article that it recognizes the competence of the committee to receive and study messages received from individuals or on behalf of individuals who are subject to its jurisdiction and claim that their individual rights established under the provisions of this agreement have been violated by that state Party. The committee will not receive any message if it is related to a state party that has not made this declaration.

2 - The committee considers any message submitted under this article unacceptable if it is negligent to sign or if it deems that it constitutes an abuse of the right to present this message or if it is in conformity with the provisions of this agreement.

3- The committee shall not consider any communications submitted by an individual under this article unless it verifies that:

A- That the same matter has not been or is not being discussed under another procedure of international investigation or settlement.

B - and that the individual has exhausted all available domestic remedies, and this rule does not apply in cases where, in the opinion of the Committee, the application of remedies is unreasonably prolonged, or it is unlikely that this individual will effectively do justice.

4 - Subject to the provisions of paragraph 3 of this article, the Committee directs the consideration of the State party to this convention that has made a declaration in accordance with paragraph 1 and is alleged to be in violation of any of the provisions of the convention to any communications submitted to it under this article. The recipient state submits to the committee within six months written explanations or statements clarifying the matter and what measures that state has taken to remedy it, if any.

5 - The committee considers the messages it receives under this article in light of all the information available to it from the individual or his representative and from the state party concerned.

6- The committee shall hold closed meetings when studying the letters submitted to it under this Article.

7 - The committee shall transmit its views to the State Party concerned and to the individual.

8- The provisions of this Article shall become effective if ten of the States Parties to this Agreement make declarations in accordance with Paragraph 1 of this Article, and the States Parties shall deposit these declarations with the Secretary-General of the United Nations who sends copies of them to the other States Parties. The declaration may be withdrawn at any time by notification sent to the Secretary-General. Such withdrawal shall not prejudice the consideration of any matter that is the subject of a letter already transmitted under this Article, and no other message shall be received from any individual or his representative under this Article after the Secretary-General has received the notification of the withdrawal of the declaration, unless the State Party has issued a declaration. New.

Article 78
The provisions of Article 76 of this agreement shall be applied without prejudice to any procedures for settling disputes or resolving complaints in the area covered by this agreement stipulated in the founding documents of the United Nations and the specialized agencies or in the agreements that adopt them, and these provisions do not prevent the states parties from resorting to any procedures for the settlement of disputes According to the international agreements in force between them.

Part viii

General Provisions

Article 79
Nothing in this convention affects the right of each state party to set standards governing the entry of migrant workers and members of their families. With regard to other matters relating to their legal status and their treatment of migrant workers and members of their families, States Parties shall be subject to the restrictions set forth in this Convention.

Article 80
Nothing in this agreement shall be construed as violating the provisions of the United Nations Charter and the provisions of the constitutions of the specialized agencies that define the responsibilities of the various United Nations bodies and the specialized agencies separately with regard to the matters covered by this agreement.

Article 81
1- Nothing in this convention affects the granting of more favorable rights or freedoms to migrant workers and members of their families under:

A- The law or practice followed in one of the State Parties.

B- Or any bilateral or multilateral treaty in force for the State Party concerned.

2- Nothing in this agreement shall be construed as giving implicitly any country, group or person any right to participate in any activity or to perform any action that violates any of the rights or freedoms set forth in this agreement.

Article 82
The rights of migrant workers and members of their families stipulated in this agreement may not be waived. No form of pressure is permitted on migrant workers and members of their families to relinquish or waive any of the aforementioned rights. No derogation from the rights recognized in this agreement can be made by contract. States Parties shall take appropriate measures to ensure that these principles are respected.

Article 83
Each state party to this agreement undertakes to do the following:

A- Ensure effective remedies for any persons whose rights or freedoms recognized in this agreement are violated, even if the violation was committed by a person acting in their official capacity.

B- Ensure that the competent judicial, administrative or legislative authorities, or any other competent authority determined by the legal system of the state, review cases, i.e. persons who seek a means of redress and decide on them, and create possibilities for redress through the judiciary.

C- Ensure that the competent authorities implement the remedies, when granted.

Article 84
Each state party undertakes to adopt the necessary legislative and other measures to implement the provisions of this agreement.

Part ix

Final provisions

Article 85
The Secretary-General of the United Nations shall designate the Depositary of this Convention.

Article 86
1- This agreement is open for signature by all countries and is subject to ratification.

2- Any country can accede to this agreement.

3- The instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.

Article 87
1- This Agreement shall enter into force on the first day of the month following the expiration of a period of three months after the date on which the twentieth instrument of ratification or accession is deposited.

2- This agreement shall enter into force for all states that ratify or accede to the convention after its entry into force, on the first day of the month following the expiration of a period of three months after the date that state deposited its instrument of ratification or accession.

Article 88
No country that has ratified this convention or acceded to it may exclude any part of the convention from application, or exclude, without prejudice to Article 3, any particular category of migrant workers from its application.

Article 89
1- Any state party may withdraw from this agreement, after a period of no less than five years from the entry into force of the agreement for the state concerned, by written notification addressed to the Secretary-General of the United Nations.

2 - Such denunciation shall take effect on the first day of the month following the expiration of a period of twelve months after the date on which the Secretary-General of the United Nations received the notification.

3- This withdrawal shall not exempt the State Party from its obligations under this Agreement with respect to any act or omission that takes place before the date on which the withdrawal becomes effective. The withdrawal shall not prejudice in any way the continued consideration of any matter which the committee is already considering prior to the date on which the withdrawal becomes effective.

4- After the date on which the withdrawal of a state party from the convention becomes effective, the committee does not start considering any new matter related to that state.

Article 90
1- After five years from the entry into force of this Agreement, any State Party may at any time submit a request to revise this Agreement by means of a written notification addressed to the Secretary-General of the United Nations. The Secretary-General then communicates any proposed amendments to the States Parties, asking them to inform him of whether they favor holding a conference of States Parties for the purpose of considering the proposals and voting on them or not. In the event that, within four months of the date of that notification, at least one third of the States Parties favor the convening of this conference, the Secretary-General shall call the conference to convene under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting shall be submitted to the General Assembly for approval.

2- The amendments shall enter into force when approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the states parties in accordance with the constitutional procedures of each of them.

3- When the amendments come into force, they become binding on the States Parties that have accepted them, while the other States Parties remain bound by the provisions of this Agreement and any previous amendment that they have accepted.

Article 91
1- The Secretary-General of the United Nations shall receive the text of reservations made by states parties upon signature, ratification or accession and circulate it to all states.

-2 No reservation is accepted that is inconsistent with the object and purpose of this agreement.

3- Reservations may be withdrawn at any time by sending a notification to this effect to the Secretary-General of the United Nations, who informs him in time to all states. This notice is effective from the date it was received.

Article 92
1- Any dispute between two or more states parties regarding the interpretation or application of this agreement shall not be settled through negotiations, at the request of one of these countries. If, within six months from the date of the arbitration request, the parties are unable to agree on the organization of the arbitration order, then any of those parties may refer the dispute to the International Court of Justice with a request submitted in accordance with the statute of the court.

2 Each State Party may declare, at the time of signature or ratification of this Convention or accession to it, that it does not consider itself bound by paragraph 1 of this Article. Other States Parties shall not be bound by that paragraph in relation to any State Party that has made such a declaration.

3- Any state party that has made a declaration in accordance with paragraph 3 of this article may withdraw this declaration at any time by notification addressed to the Secretary-General of the United Nations.

Article 93
This convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2- The Secretary-General of the United Nations shall transmit certified copies of this agreement to all states. IN WITNESS WHEREOF, the undersigned commissioners, duly authorized by their respective governments, have signed this Agreement.

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