Part I International laws and mechanisms • imposing sanctions on those responsible for organizing and operating such movements, as well as employers of migrant workers in an irregular situation. If there are migrant workers and members of their families within their jurisdiction in an irregular situation, article 69(1) stipulates that States parties should take appropriate measures to ensure that the situation does not persist. Further, article 69(2) states that if States parties consider the possibility of regularizing the situation of irregular migrant workers in accordance with national legislation and bilateral or multilateral agreements, appropriate account should be taken of the circumstances of their entry, the duration of their stay and other relevant considerations, especially those relating to their family situation. States are also required to take necessary measures, not less favourable than those applied to their nationals, to ensure that migrant workers and members of their families are provided with working and living conditions in keeping with standards of fitness, safety, health and human dignity (article 70). 3.1. Responsibilities of States of origin and States of employment States of origin and States of employment are required to: • provide information47 to migrant workers regarding their rights arising from the Convention (article 33) • establish institutions for the purpose of taking into account the special needs, aspirations and obligations of migrant workers and enable them to be represented in these institutions (article 41) • consider the possibility of granting exemptions to migrant workers and members of their families from customs duties and taxes on their personal and household effects and equipment required for the remunerated activity in the State of employment (article 46) • permit and facilitate the transfer of the migrant workers’ earnings and savings to their States of origin (article 47) • consider the possibility of avoiding double taxation for migrant workers (article 48). Additionally, the States concerned should not exert pressure on migrant workers and members of their families to relinquish or forego any of their rights arising from the Convention (article 82). 3.2. Responsibilities of States of origin Promoting and protecting the rights of migrant workers begins in States of origin. The Convention includes clauses that seek to protect migrant workers and members of their families from the outset, including with respect to pre-departure recruiting practices. States of origin, or sending countries, have a number of specific obligations, including to: • allow persons seeking employment abroad to leave and enter their country of origin (article 8) • ensure that, before their departure to States of employment, documented migrant workers and members of their families are fully informed of all conditions applicable to their admission, stay and employment, as well as other requirements (article 37) • facilitate the exercise of the right of documented migrant workers and members of their families to participate in public affairs, vote and be elected in elections in their home countries (article 41) • provide adequate consular and other services required to meet the social, economic, cultural and other needs of their migrant workers and members of their families (article 65(2)) 47 Provision of relevant information to migrant workers should be free of charge and in a language understood by them (article 33(3)). Such information should also be disseminated to others involved in the migration process, including employers, trade unions and other relevant institutions and organizations (article 33(2)). Chapter 2: The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families | 17

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