International Convention
on the Protection of the Rights of All Migrant Workers and
Members of their Families

Adopted by the General Assembly of the United Nations on 18 December 1990

IN FORCE: from 1 July 2003

STATUS OF RATIFICATION: 25 states (as of May 2002).

Note: The Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, was adopted by Resolution 45/1581 of 18 December 1990 at the forty-fifth session of the General Assembly of the United Nations. The Convention is open for signature by all States in accordance with its article 86 (1).

Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification or accession.)

Colombia

Reservation:

Articles 15, 46 and 47 of the [said Convention], which was adopted by means of Act No. 146 of 1994, shall be executed with the understanding that the State of Colombia retains the right to promulgate taxation, exchange and monetary regulations establishing equality of treatment of migrant workers and their families with that of nationals in respect of the import and export of personal and household effects and the transfer of earnings and savings abroad, and in respect of expropriation for reasons of equity and the nullification of ownership of property in the cases envisaged in article 34 of the Political Constitution.

Egypt

Reservation concerning article 4:

For the purposes of the present Convention the term `members of the family' refers to persons married to migrant workers or having with them a relationship that, according to applicable law, produces effects equivalent to marriage, as well as their dependent children and other dependent persons who are recognized as members of the family by applicable legislation or applicable bilateral or multilateral agreements between the States concerned.

Reservation concerning article 18, paragraph 6:

When a migrant worker or a member of his or her family has, by a final decision, been convicted of a criminal offence and when subsequently his or her conviction has been reversed or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partially attributable to that person.

Mexico

Interpretative declaration:

Upon ratifying the [Convention], the Government of the United Mexican States reaffirms its political will to ensure international protection of the rights of all migrant workers, in accordance with this international instrument. All the provisions of this Convention will be applied in conformity with its national legislation.

Reservation:

The Government of the United Mexican States makes an express reservation with regard to article 22, paragraph 4, of this Convention, solely in so far as it refers to the application of article 33 of the Political Constitution of the United Mexican States and article 125 of the General Population Act.

Morocco

Reservation:

The Government of the Kingdom of Morocco does not consider itself bound by article 92, paragraph 1 of this Convention which provides that any dispute between two or more States Parties concerning the interpretation or application of the present Convention, shall, at the request of one of them, be submitted to arbitration.

The Government of the Kingdom of Morocco considers that any such dispute may be submitted to arbitration only with the agreement of all the parties to the conflict.

Sri Lanka

Declarations:

Article 8 (2):

"The right of non-Sri Lankans to enter and remain in Sri Lanka shall be subject to existing visa regulations.

Article 29:

According to the citizenship Act No. 18 of 1948, citizenship rights flow from the father and in the event a child is born out of wedlock, from the mother. A child will be deemed to be a citizen of Sri Lanka if he and his father were born in Sri Lanka before 1.11.49 or if at the time of his birth the father was a Sri Lankan.

Article 49:

Resident visas to expatriate workers are allowed in respect of identified professions where there is a dearth of qualified personnel. Existing visa regulations do not permit migrant workers either to change their professions or the institutions in which they have been authorised to work, which is the basis on which the visa is issued.

Article 54:

Protection against dismissal, quantum of remuneration, period of employment etc., are governed by the terms of individual contracts entered into between the worker and the organisation which employs him. A visa issued to an expatriate worker under the visa regulations is limited to a pre-identified job assignment."

Uganda

Reservation:

Article 18:

"The Republic of Uganda cannot guarantee at all times to provide free legal assistance in accordance with the provisions of article 18 paragraph 3(d)."

Turkey

Declarations:

"A) The declaration regarding Article 15:

The restrictions by the related Turkish laws regarding acquisition of immovable property by the foreigners are preserved.

B) The reservation regarding Article 40:

The Turkish Law on Trade Unions allows only the Turkish citizens to form trade unions in Turkey.

C) The declaration regarding Article 45:

The stipulations of the paragraphs 2, 3 and 4 of the Article 45 will be implemented in accordance with the provisions of the Turkish Constitution and the related Laws.

D) The declaration regarding Article 46:

The implementation of the Article 46 will be made in accordance with the national laws.

C) the declaration regarding Article 76 and 77:

Turkey will recognize the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families at a later time."