Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions
2.3. Provisions applicable to particular categories of migrant workers
Part V of the Convention sets out the rights of particular categories of migrant workers and members
of their families, including frontier workers (article 58); seasonal workers (article 59); itinerant workers
(article 60); project-tied workers (article 61); specified-employment workers (article 62) and self-employed
workers (article 63).
2.4. Promotion of sound, equitable, humane and lawful conditions in
connection with international migration of workers and members of their
families
Part VI of the Convention establishes a framework for the sound, equitable, humane and lawful conditions
for international migration. It outlines the specific duties of countries of origin, transit and destination.
The Convention also encourages consultation and collaboration between relevant countries to address
the human rights issues relevant to the labour migration process and to formulate and implement policies
on migration consistent with the Convention and aimed at ensuring better living and working conditions
for migrant workers and their families.
Further, the Convention notes that the responsibilities of States go beyond issues of labour needs and
resources and must consider “the, social, economic, cultural and other needs of migrant workers and
members of their families involved”, as well as the impact of migration on the communities concerned
(article 64).
3. RESPONSIBILITIES OF STATES UNDER THE CONVENTION
As noted by the International Migrant Rights Watch Committee,46 articles 65 and 66 of the Convention
oblige States parties to maintain appropriate services for:
• the formulation and implementation of migration policies
• the exchange of information, consultation and cooperation between competent authorities of the
States concerned
• the provision of appropriate information to employers and workers on policies and laws concerning
migration
• the provision of adequate consular services to meet the social, cultural and other needs of
migrants
• the regulation of recruitment of migrant workers by restricting it to public services or bodies of
the States concerned and through private agencies and employers and their agents, subject to
authorization, approval and supervision.
States parties are encouraged to cooperate to adopt measures regarding the orderly return of migrant
workers and members of their families to their State of origin “when they decide to return or their
authorization of residence or employment expires or when they are in the State of employment in an
irregular situation” (article 67).
Article 68 requires States parties to consult and collaborate to prevent and eliminate “illegal or clandestine
movements and employment of migrant workers in an irregular situation” by:
• taking appropriate measures against the dissemination of misleading information relating to
emigration and immigration
• taking appropriate measures to detect and eradicate illegal labour migration
46
Achieving Dignity: Campaigner’s Handbook for the Migrants Rights Convention; International Migrants Rights Watch Committee;
1998; see “Section III: Importance and Content of the Convention”.
16 | Chapter 2: The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families