Source description last updated: 18 January 2021
In brief: The Committee on Migrant Workers (CMW) is the UN body of independent experts that oversees the implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by its state parties.
Coverage on ecoi.net:
Coverage on ecoi.net ended in 2020. Until then: Covered monthly on ecoi.net, for countries of priorities A-C. State Reports, Concluding Observations, NGO reports and NHRI reports.
The CMW monitors the implementation of the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by its state parties. The Committee held its first meeting in March 2004. (OHCHR: Committee on Migrant Workers, undated)
“The Convention is a comprehensive international treaty focusing on the protection of migrant workers’ rights. It emphasizes the link between migration and human rights – a policy topic that is drawing increasing attention worldwide. The Convention opens a new chapter in the history of determining the rights of migrant workers and ensuring that those rights are protected and respected. It incorporates the results of over 30 years of discussion, including United Nations human rights studies, conclusions and recommendations of meetings of experts, and debates and resolutions in the United Nations on migrant workers. Like all other international human rights instruments, the Convention sets standards for the laws and the judicial and administrative procedures of individual States. Governments of States that ratify or accede to the Convention undertake to apply its provisions by adopting the necessary measures. They also undertake to ensure that migrant workers whose rights have been violated may seek an effective remedy.” (OHCHR: The International Convention on Migrant Workers and its Committee, 2005, p. 1)
Scope of reporting:
Geographic focus: All state parties to the Convention
Thematic focus: Reports published by the CMW cover issues related to the rights of migrant workers and their families
“All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Convention and then every five years. The Committee will examine each report and address its concerns and recommendations to the State party in the form of ‘concluding observations’. The Committee will also, under certain circumstances, be able to consider individual complaints or communications from individuals claiming that their rights under the Convention have been violated once 10 States parties have accepted this procedure in accordance with article 77 of the Convention. The Committee meets in Geneva and normally holds two sessions per year. The Committee also organizes days of general discussion and can publish statements on themes related to its work and interpretations of the content of the provisions in the Convention (general comments).” (OHCHR: Committee on Migrant Workers: Introduction, undated)
“As of 1 January 2010, the Committee on Migrant Workers is currently composed of 14 independent experts (persons of high moral character, impartiality and recognized competence in the field covered by the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families). Members are elected for a term of four years by States parties in accordance with article 72 of the Convention. Members serve in their personal capacity and may be re-elected if nominated.” (OHCHR: Committee on Migrant Workers – Membership, undated)
“A shadow report, sometimes called an alternative report, is a document written by NGOs evaluating government efforts to meet the obligations of a human rights treaty. […] NGOs have the opportunity to present a written report on implementation of the treaty. The NGO shadow report provides a response to the State party report, including clarification of factual issues, indication of misleading information, or information on a situation that is absent from the State party report. Each of the treaty monitoring bodies has established a process for NGOs to present their information orally as well as in writing.” (IWRAW – International Women’s Rights Action Watch, Basic Facts: Women’s Human Rights and the UN Human Rights Treaties, undated)
Language(s) of publications:
Official UN languages (Arabic, Chinese, English, French, Russian, Spanish)
Further reading / links:
The full text of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families is available via the following link:
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by General Assembly resolution 45/158 of 18 December 1990
All links accessed 4 November 2020.