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| Migrant Workers (Supplementary Provisions) Convention | |
|---|---|
| Name | Migrant Workers (Supplementary Provisions) Convention |
| Long name | International Labour Organization Convention concerning Migrant Workers (Supplementary Provisions) |
| Adopted | 1975 |
| Entered into force | 1978 |
| Code | C143 |
| Subject | Labour rights |
Migrant Workers (Supplementary Provisions) Convention
The Migrant Workers (Supplementary Provisions) Convention is a 1975 International Labour Organization instrument adopted in Geneva, associated with the International Labour Organization and formulated in the wake of discussions linked to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention Relating to the Status of Refugees. The Convention emerged amid debates involving figures and institutions such as Juan Somavía, Frances Perkins, Eleanor Roosevelt, Amnesty International, and the United Nations system, seeking to supplement existing norms advanced by the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the European Convention on Human Rights, and regional instruments like the African Charter on Human and Peoples' Rights.
The Convention was negotiated during sessions of the International Labour Conference in response to migration patterns involving states such as Spain, Italy, Germany, France, United Kingdom, and Belgium and international crises like the aftermath of the Yugoslav wars, the Lebanese Civil War, and global labor movements influenced by policy frameworks from the World Bank, the International Monetary Fund, and the Organisation for Economic Co-operation and Development. Delegations led by representatives from Argentina, India, Mexico, Philippines, and Turkey debated provisions reflecting precedents in instruments endorsed by entities including the United Nations High Commissioner for Refugees and advocacy from Human Rights Watch and the International Trade Union Confederation. The Convention was adopted in 1975 and came into force in 1978 after deposit of ratifications by states such as Italy and Sweden, with procedural oversight by the ILO Director-General and legal analysis by jurists associated with the International Court of Justice.
The text defines terms relevant to movements between countries including categories recognized by the International Labour Organization, distinctions influenced by scholarship from institutions like the Max Planck Institute for Comparative Public Law and International Law and grants of protection comparable to those in the Refugee Convention. Definitions reference roles associated with migrant workers from sending states such as Philippines and Mexico and receiving states such as Saudi Arabia and United Arab Emirates, and employ legal terminology analogous to that used by the European Court of Human Rights and the Inter-American Commission on Human Rights. The Convention frames obligations in ways that intersect with jurisprudence from the International Criminal Court and rulings of the European Court of Justice.
Provisions oblige states to prohibit and eliminate aspects of exploitation referenced in instruments like the ILO Forced Labour Convention and the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, with measures similar to recommendations advanced by Catherine Bertini and Kofi Annan. Obligations include preventing illegal recruitment practices that mirror concerns raised in reports by the World Health Organization and the Global Fund to Fight AIDS, Tuberculosis and Malaria about migrant vulnerabilities, ensuring protections consistent with standards in the Convention on the Elimination of All Forms of Discrimination Against Women, and promoting remedies akin to mechanisms under the European Social Charter. Implementation mechanisms draw on tripartite consultation models practiced by ILO constituents, employer federations like International Organisation of Employers, and trade union bodies such as the International Trade Union Confederation.
Ratification history involves diverse states including Pakistan, Brazil, Netherlands, Switzerland, and Norway, each integrating the Convention into domestic frameworks alongside statutes like those of the National Labor Relations Act in the United States context and labor codes of Japan and South Korea. Implementation has been monitored through ILO supervisory mechanisms and country reviews involving experts from the Office of the United Nations High Commissioner for Human Rights and regional bodies such as the African Commission on Human and Peoples' Rights, with technical assistance from organizations like the International Organization for Migration and the United Nations Development Programme.
Scholars and NGOs including Amnesty International, Human Rights Watch, Migrant Rights International, and academics from Oxford University, Harvard University, and the London School of Economics have debated the Convention's efficacy, citing case studies from Libya, Qatar, United Arab Emirates, and Malaysia on labor exploitation and enforcement gaps. Critics point to limited ratification comparable to debates over the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and argue that enforcement resembles patterns seen in controversies involving multinational corporations such as those named in Occupy Wall Street-era critiques and UN Guiding Principles litigation. Proponents highlight improvements in national complaint mechanisms analogous to successes credited to the Abolition of Forced Labour Convention and public policy shifts influenced by reports from the Global Commission on International Migration.
The Convention intersects with a network of instruments including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Refugee Convention, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and standards promulgated by the International Labour Organization such as the Migration for Employment Convention (Revised), 1949. It complements human rights jurisprudence from the European Court of Human Rights, the Inter-American Court of Human Rights, and policy frameworks advanced by the United Nations General Assembly and the United Nations Economic and Social Council.
Category:International Labour Organization conventions Category:Migration law Category:1975 in international relations