In defence of the migrant workers convention : standard-setting for contemporary migration

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (‘the Migrant Workers Convention’) has had a difficult history. The adoption of a treaty on the subject of migrant workers was formally proposed by a General Assembly resolution of 17 December 1979.2 As a result of differences of opinion between states of origin and destination, however, the final text was not endorsed by the General Assembly until 18 December 1990.3 There was then a further lengthy period until the Convention came into force on 1 July 2003, once the requisite 20 ratifications had been obtained. Since then, ratification has proceeded slowly, with a total of 44 states having ratified by early 2011. In contrast to the doubts that have often been expressed as to the value of the Migrant Workers Convention, this chapter will argue for its potential as a source of standards concerning international migration. Section 1 will consider the text of the Convention, and will show that it is a coherent instrument for the protection of migrants as a category. Section 2 will then consider the Convention in practice, arguing that its strength lies in a combination of two factors: the migration experiences of the states that have ratified it, and the interpretative work of the Committee on Migrant Workers since it was established on 1 January 2004. That combination enables the Convention to be an effective and authoritative source of standards on the treatment of migrants. [Chapter Introduction]