Part I International laws and mechanisms 5.2. Specific obligations under human rights treaties Human rights treaties only bind States that are parties to those treaties, unless particular provisions have attained the status of customary international law. When ratifying a human rights treaty, States parties accept certain responsibilities, including undertaking to review and amend domestic laws and policies to ensure they comply with the provisions of the treaty. States also agree to provide an initial report, and subsequent periodic reports, to the treaty body established to monitor implementation of the treaty. Detailed guidance on the content of particular rights and the specific obligations they impose, including minimum core obligations, are contained in “general comments” (or “general recommendations”) developed by the different treaty bodies. Most human rights treaties also establish a mechanism that enables individuals to bring complaints about human rights violations. Complaints may be brought only against States that have recognized the competence of the treaty body to consider complaints from individuals. Depending on the treaty concerned, this will occur either through the State becoming a party to an Optional Protocol or through making a declaration under the relevant article of the treaty. These complaints mechanisms have various rules of procedure but generally require that all domestic remedies be exhausted before a complaint is accepted by the treaty body. While not legally binding, the State has a good faith obligation to implement the treaty body’s findings and grant appropriate remedies. It is important to note that, when ratifying human rights treaties, States can and often do enter “reservations” that limit or modify the applicability of certain provisions of the treaty.37 More information on the treaty bodies and other international human rights mechanisms is included in Chapter 11. 5.3. Specific obligations under ILO conventions The ILO recognizes that there are three basic stages in the labour migration process during which the rights of migrants must be protected: the pre-departure stage; the post-departure and work stage; and the return stage.38 Countries of origin and destination have differing responsibilities to protect the rights of migrant workers at each of these stages. This reflects the different events that take place before and after departure, with greater responsibility resting on countries of origin in the pre-departure and return stage, and greater responsibility resting on the destination countries in the post-departure and work stage. It also acknowledges the reality that countries have the ability to exercise more supervision within their own borders. However, the ILO also recognizes the importance of “shared responsibility” through the “supervision and regulation of international labour migration and engagement in international cooperation in the interest of promoting and protecting the rights of migrant workers”.39 37 Many treaties also allow for, and sometimes require, States to make “declarations” which explain how that State interprets the provisions of the treaty in whole or in part: see the “Glossary of Terms”; OHCHR; www2.ohchr.org/english/bodies/treaty/index.htm. 38 Protecting the Rights of Migrant Workers: A Shared Responsibility; ILO; 2009; p. 23. 39 Ibid; p. 2. Chapter 1: The international legal framework on the rights of migrant workers and members of their families | 9