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Article 1
1. The present Convention is applicable,
except as otherwise provided hereafter, to all migrant workers
and members of their families without distinction of any kind
such as sex, race, colour, language, religion or conviction, political
or other opinion, national, ethnic or social origin, nationality,
age, economic position, property, marital status, birth or other
status.
2. The present Convention shall apply during the entire migration
process of migrant workers and members of their families, which
comprises preparation for migration, departure, transit and the
entire period of stay and remunerated activity in the State of
employment as well as return to the State of origin or the State
of habitual residence.
Article 2
For the purposes of the present
Convention:
1. The term "migrant worker" refers to a person who is to be engaged,
is engaged or has been engaged in a remunerated activity in a
State of which he or she is not a national.
2.
(a) The term "frontier worker" refers
to a migrant worker who retains his or her habitual residence in
a neighbouring State to which he or she normally returns every day
or at least once a week;
(b) The term "seasonal worker" refers to a migrant worker whose
work by its character is dependent on seasonal conditions and is
performed only during part of the year;
(c) The term "seafarer", which includes a fisherman, refers to a
migrant worker employed on board a vessel registered in a State
of which he or she is not a national;
(d) The term "worker on an offshore installation" refers to a migrant
worker employed on an offshore installation that is under the jurisdiction
of a State of which he or she is not a national;
(e) The term "itinerant worker'' refers to a migrant worker who,
having his or her habitual residence in one State, has to travel
to another State or States for short periods, owing to the nature
of his or her occupation;
(f) The term "project-tied worker" refers to a migrant worker admitted
to a State of employment for a defined period to work solely on
a specific project being carried out in that State by his or her
employer;
(g) The term "specified-employment worker" refers to a migrant worker:
(i) Who has been sent by his or
her employer for a restricted and defined period of time to a
State of employment to undertake a specific assignment or duty;
or
(ii) Who engages for a restricted and defined period of time in
work that requires professional, commercial, technical or other
highly specialized skill; or
(iii) Who, upon the request of his or her employer in the State
of employment, engages for a restricted and defined period of
time in work whose nature is transitory or brief; and who is required
to depart from the State of employment either at the expiration
of his or her authorized period of stay, or earlier if he or she
no longer undertakes that specific assignment or duty or engages
in that work;
(h) The term "self-employed worker" refers to a migrant worker
who is engaged in a remunerated activity otherwise than under
acontract of employment and who earns his or her living through
this activity normally working alone or together with members
of his or her family, and to any other migrant worker recognized
as self-employed by applicable legislation of the State of employment
or bilateral or multilateral agreements.
Article 3
The present Convention shall not
apply to:
(a) Persons sent or employed by international
organizations and agencies or persons sent or employed by a State
outside its territory to perform official functions, whose admission
and status are regulated by general international law or by specific
international agreements or conventions;
(b) Persons sent or employed by a State or on its behalf outside
its territory who participate in development programmes and other
co-operation programmes, whose admission and status are regulated
by agreement with the State of employment and who, in accordance
with that agreement, are not considered migrant workers;
(c) Persons taking up residence in a State different from their
State of origin as investors;
(d) Refugees and stateless persons, unless such application is provided
for in the relevant national legislation of, or international instruments
in force for, the State Party concerned;
(e) Students and trainees;
(f) Seafarers and workers on an offshore installation who have not
been admitted to take up residence and engage in a remunerated activity
in the State of employment.
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.
Article 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.
Article 6
For the purposes of the present
Convention:
(a) The term "State of origin" means the State of which the person
concerned is a national;
(b) The term "State of employment" means a State where the migrant
worker is to be engaged, is engaged or has been engaged in a remunerated
activity, as the case may be;
(c) The term "State of transit,' means any State through which
the person concerned passes on any journey to the State of employment
or from the State of employment to the State of origin or the
State of habitual residence.
PART
II : NON-DISCRIMINATION WITH RESPECT TO RIGHTS
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