INTRODUCTION on the use of the Handbook
T
he Commission on Human Rights of the Philippines is pleased to share this Handbook
on the International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families or the Migrant Workers Convention (MWC) Handbook.
This Handbook is the third in the Treaty handbook Series of the CHRP whose main
motivation is to popularize the various international human rights standards that the
Philippines is a State party to. This is CHRP’s modest contribution in upholding and
mainstreaming human rights both as a principle and a way of life for Filipinos.
Specifically, the MWC Handbook puts together the following documents: 1) the text of the
Migrant Workers Convention, all 93 Articles of it; 2) the Guidelines for preparing reports
to the Migrant Workers Convention Treaty Monitoring Body (also known as the Committee
for Migrant Workers or CMW); 3) the two CMW General Comments thus far; 4) reports
and documents related to the 2 periodic reporting cycles of the Philippine government
including the CMW Concluding Observations and recommendations. It also informs the
readers of the activities and processes undertaken by the State and Civil Society, in parallel
and together, to prepare and engage with CMW. An action matrix, mapping out the CMW
recommendations and the corresponding responsible agencies and where available, CSOs,
is also included in the Handbook.
This publication is envisaged to guide duty holders, government, civil society as well as
national human rights institutions in gauging the level of respecting, protecting and
fulfilling the human rights of Filipino migrant workers, the migrant workers in the
Philippines, and members of their families. It is hoped that the handbook will also prove
useful to other States parties since the Philippines has been regarded as a global model for
the protection of migrant workers and members of their families.
The handbook is a repository of pertinent reports to the CMW. It also provides a glimpse of
the processes in engaging the Treaty Body. Hence the handbook is a good reference guide
in preparing for the next reporting cycles and engagements.
As mandated, the CHRP will continue to work with and assist both the State party and the
CSOs throughout the reporting procedures. The Commission will continue to partner with
the State and the CSOs in the dissemination of the concluding observations and the
reporting procedures at the national and community level to raise awareness about the
rights under the Convention.
Structure of the
Handbook
The Handbook starts off by informing the readers of what the Convention is all about; the
guidelines for engaging and reporting both in terms of content, forms and procedures; the
additional documents referred to as general comments the Committee has adopted as a way
to elaborate application of the Convention on certain categories of migrant worker; It
proceeds to document the actual procedures and submissions made to the reports for
engagements with the Treaty Body including the concluding observations issued by the
latter. The last part is information on steps forward to realize the recommendations of the
Committee.
Text of the
Convention and the
Reporting Guidelines
The Handbook begins with the text of the United Nations International Convention on the
Protection of the Rights of Migrant Workers and Members of Their Families and the
‘Compilation of Guidelines on the Form and Content of Reports to be Submitted by States
Parties to the International Human Rights Treaties’ in accordance with article 73 and 74 of
the International Convention on the Protection of the Rights of Migrant Workers and
Members of Their Families. These guidelines preceded and are replicated in the harmonized
guidelines on reporting under the international human rights treaties (HRI/GEN2/Rev.5)