International Relations Globalization of Labor. Slide Index 2. UN Migrant Workers Convention 3. Common Human Rights Violations 4. Government Obligations.

International Relations International Relations

Globalization of Labor

Slide IndexSlide Index

2. UN Migrant Workers Convention 2. UN Migrant Workers Convention

3. Common Human Rights Violations 3. Common Human Rights Violations

4. Government Obligations 4. Government Obligations

5. U.S Position on Hum. Rights Council 5. U.S Position on Hum. Rights Council

1. Vocabulary 1. Vocabulary

United Nations Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families

United Nations Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families

Article 1 Article 1

This convention is applicable unless stated by this convention to all migrant workers and members of their families without prejudice to sex, race, color, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status.

The Convention applies to the entire migration process of migrant workers and members of their families. The migration period which makes up the preparation for migration, departure, travel and the entire time of stay and paid activity in the State of employment as well as return to the State of origin or the State of habitual residence.

Vocabulary Vocabulary

Frontier

Worker

Migrant

worker

Worker on an Offshore Installation

Seafarer

Seasonal

Worker

Article 2 Article 2

Vocabulary Vocabulary

Project-tied Worker

Itinerant Worker

Self-employed Worker

Specified- Employment Worker

Article 2 Article 2

Article 4Article 4

In this Convention, ''members of the family" refers to persons married to migrant workers or having with them a relationship that, according to law, is like marriage.

Their dependent children and other dependent persons who are recognized as members of the family by applicable legislation or applicable agreements between two or more of the States concerned.

Article 5Article 5

For the purposes of the present Convention, migrant workers and members of their families:

(a) Are considered as documented or in a regular situation if they are authorized to enter, to stay and to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which that State is a party;

(b) Are considered as non-documented or in an irregular situation if they do not comply with the conditions provided for in subparagraph (a) of the present article.

Vocabulary Vocabulary

State of

Transit

State of employment

Article 2 Article 2 State of

Origin

Article 6Article 6

Article 7 Article 7

States Parties undertake, in accordance with the international instruments concerning human rights, to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind such as to sex, race, color, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status. Governments are responsible for protecting the rights of migrant workers.

PART II : NON-DISCRIMINATION WITH RESPECT TO RIGHTS

PART II : NON-DISCRIMINATION WITH RESPECT TO RIGHTS

Article 8Article 8

Migrant workers and members of their families should be free to leave any State, including their State of origin. This right shall not be subject to any restrictions except those that are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present part of the Convention.

Migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin.

Article 9Article 9

The right to life of migrant workers and members of their families shall be protected by law.

Article 10 Article 10

No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 11 Article 11

No migrant worker or member of his or her family shall be held in slavery or servitude. No migrant worker or member of his or her family shall be required to perform forced or obligatory labor.

Article 12 Article 12

Migrant workers and members of their families shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of their choice and freedom either individually or in community with others and in public or private to manifest their religion or belief in worship, observance, practice and teaching.

Article 16 Article 16

Migrant workers and members of their families shall have the right to liberty and security of person.

Migrant workers and members of their families shall be entitled to effective protection by the State against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions.

Migrant workers and members of their families shall not be subjected individually or collectively to arbitrary arrest or detention; they shall not be deprived of their liberty except on such grounds and in accordance with such procedures as are established by law.

Article 25Article 25

Migrant workers shall be treated like the nationals of the State of employment in respect of remuneration and:

(a) Other conditions of work, that is to say, overtime, hours of work, weekly rest, holidays with pay, safety, health, termination of the employment relationship and any other conditions of work which, according to national law and practice, are covered by these terms; (b) Other terms of employment, that is to say, minimum age of employment, restriction on home work and any other matters which, according to national law and practice, are considered a term of employment.

Article 25 Article 25

It shall not be lawful to derogate in private contracts of employment from the principle of equality of treatment referred to in paragraph 1 of the present article.

States Parties shall take all appropriate measures to ensure that migrant workers are not deprived of any rights derived from this principle by reason of any irregularity in their stay or employment. In particular, employers shall not be relieved of any legal or contractual obligations, nor shall their obligations be limited in any manner by reason of such irregularity.

Article 26 Article 26

States Parties recognize the right of migrant workers and members of their families:

(a) To take part in meetings and activities of trade unions and of any other associations established in accordance with law, with a view to protecting their economic, social, cultural and other interests, subject only to the rules of the organization concerned; (b) To join freely any trade union and any such association as aforesaid, subject only to the rules of the organization concerned; (c) To seek the aid and assistance of any trade union and of any such association as aforesaid.

No restrictions may be placed on the exercise of these rights other than those that are prescribed by law and which are necessary in a democratic society in the interests of national security, public order (order public) or the protection of the rights and freedoms of others.

Common Human Rights ViolationsCommon Human Rights Violations When the life, liberty,

or security of a person is threatened.

Victims of abuse are denied an effective judicial remedy.

Citizens are forbidden to leave or return to their countries.

The right to join a trade union is denied.

Unpaid and underpaid wages.

Wage exploitation

Common Human Rights ViolationsCommon Human Rights Violations

Physical and psychological abuse

Sexual abuse

Heavy workload and

excessively long work

hours without rest.

Food depravation and inadequate living

conditions

Confiscation of passports, forced

confinement, and restricted communication

Common Human Rights ViolationsCommon Human Rights Violations

Prohibitions of returning home.

Forced labor

Exploitative practices by labor agents in the countries of employment

Government Obligations Government Obligations Governments have an obligation to end abusive

practices by employers and recruitment agencies. International human rights laws place positive obligations on states to protect the rights of individuals against acts including the ill treatment and discrimination committed by private persons or entities.

International human rights laws establishe the security of persons and the right to be free from cruel, inhumane, and degrading treatment.

U.S Position U.S Position

U. S President Bush declared that the U.S will not seek a seat on the Human Rights Council saying that it would be more effective from the outside. According to the U.S State Department, the Council has lost credibility with repeated attacks on Israel and the failure to confront other rights abusers. U.S House of Representatives, Ileana Ros-Lehtinen supported the decision and stated that “Rather than standing as a strong defender of fundamental human rights, the Human Rights Council has faltered as a weak voice subject to gross political manipulation”.

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