ICRMW: Implications for ICRMW: Implications for Ratifying States and Ratifying States and

National Migration PoliciesNational Migration Policies

H.E. Mr. Libran N. CabactulanH.E. Mr. Libran N. Cabactulan

Permanent RepresentativePermanent Representative

of the Philippines to the UNof the Philippines to the UN

GENERAL CONSIDERATIONSGENERAL CONSIDERATIONS Convention secures “the international protection of the Convention secures “the international protection of the

rights of all migrant workers and members of their rights of all migrant workers and members of their families.” (Preamble) families.” (Preamble)

Definition of a migrant worker – any “person who is to be Definition of a migrant worker – any “person who is to be engaged, is engaged or has been engaged in engaged, is engaged or has been engaged in remunerated activity in a State of which he or she is not remunerated activity in a State of which he or she is not a national.” (Art. 2.1)a national.” (Art. 2.1)

Establishment of a Committee on the Protection of the Establishment of a Committee on the Protection of the Rights of All Migrant Workers and Members of Their Rights of All Migrant Workers and Members of Their Families (CMW) (Art. 72.1)Families (CMW) (Art. 72.1)

Rights under Convention may not be renounced nor Rights under Convention may not be renounced nor derogated by contract (Art. 82)derogated by contract (Art. 82)

States Parties should ensure effective remedies by States Parties should ensure effective remedies by competent authorities, & enforcement of said remedies competent authorities, & enforcement of said remedies and to adopt legislative & other measures (Arts. 83 - 84) and to adopt legislative & other measures (Arts. 83 - 84)

Ratifying States’ ResponsibilitiesRatifying States’ Responsibilities

Ensure non-discrimination with respect to rights (Part II, Ensure non-discrimination with respect to rights (Part II, Art. 7)Art. 7)

Ensure basic human rights of all migrant workers and Ensure basic human rights of all migrant workers and their families (Part III, Arts. 8 – 35)their families (Part III, Arts. 8 – 35)

Ensure additional rights for documented migrants and Ensure additional rights for documented migrants and their families (Part IV, Arts. 36 – 56)their families (Part IV, Arts. 36 – 56)

Ensure rights of particular categories of migrant workers Ensure rights of particular categories of migrant workers and their families (Part V, Arts. 57 – 63)and their families (Part V, Arts. 57 – 63)

Promote sound, equitable, humane & lawful conditions in Promote sound, equitable, humane & lawful conditions in connection with international migration … (Part VI, Arts. connection with international migration … (Part VI, Arts. 64 – 7164 – 71

Submit regular reports to the Committee on Migrant Submit regular reports to the Committee on Migrant Workers – one year after ratification/accession, then Workers – one year after ratification/accession, then after every five years (Part VII, Art. 73.1)after every five years (Part VII, Art. 73.1)

Implications on National Migration PolicyImplications on National Migration Policy

Convention applies within the territory Convention applies within the territory or subject or subject to their jurisdiction to their jurisdiction (Art. 7)(Art. 7)

Convention applies to activities of private actors Convention applies to activities of private actors within a ratifying state (Arts. 16 & 25)within a ratifying state (Arts. 16 & 25)

Convention also covers responsibilities of states Convention also covers responsibilities of states of origin and transit (Art. 33)of origin and transit (Art. 33)

Convention provides for a ratifying state’s Convention provides for a ratifying state’s recognition of CMW competence to receive & recognition of CMW competence to receive & consider communications on fulfillment of consider communications on fulfillment of obligations under the Convention (Arts. 76 – 77), obligations under the Convention (Arts. 76 – 77), but this is not yet in force (Art. 76.2 & 77.8)but this is not yet in force (Art. 76.2 & 77.8)

Points to ConsiderPoints to Consider

Relatively low number of ratifying states based Relatively low number of ratifying states based on perception of rigid obligations, and that it on perception of rigid obligations, and that it encourages irregular migrationencourages irregular migration• Many of the obligations are contained in other human Many of the obligations are contained in other human

rights instrumentsrights instruments• Almost all countries are now points of origin, transit & Almost all countries are now points of origin, transit &

destinationdestination• There may be disconnect with national laws & There may be disconnect with national laws &

treatment of own citizenstreatment of own citizens• Reality is that migration is happening to countries not Reality is that migration is happening to countries not

States Party, and bilateral/regional agreement’s are in States Party, and bilateral/regional agreement’s are in placeplace