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Article
64
1. Without prejudice to article
79 of the present Convention, the States Parties concerned shall
as appropriate consult and co-operate with a view to promoting
sound, equitable and humane conditions in connection with international
migration of workers and members of their families.
2. In this respect, due regard shall be paid not only to labour
needs and resources, but also to the social, economic, cultural
and other needs of migrant workers and members of their families
involved, as well as to the consequences of such migration for
the communities concerned.
Article 65
1. States Parties shall maintain
appropriate services to deal with questions concerning international
migration of workers and members of their families. Their functions
shall include, inter alia:
(a) The formulation and implementation
of policies regarding such migration;
(b) An exchange of information. consultation and co-operation
with the competent authorities of other States Parties involved
in such migration;
(c) The provision of appropriate information, particularly to
employers, workers and their organizations on policies, laws
and regulations relating to migration and employment, on agreements
concluded with other States concerning migration and on other
relevant matters;
(d) The provision of information and appropriate assistance
to migrant workers and members of their families regarding requisite
authorizations and formalities and arrangements for departure,
travel, arrival, stay, remunerated activities, exit and return,
as well as on conditions of work and life in the State of employment
and on customs, currency, tax and other relevant laws and regulations.
2. States Parties shall facilitate
as appropriate the provision of adequate consular and other services
that are necessary to meet the social, cultural and other needs
of migrant workers and members of their families.
Article 66
1. Subject to paragraph 2 of
the present article, the right to undertake operations with
a view to the recruitment of workers for employment in another
State shall be restricted to:
(a) Public services or bodies
of the State in which such operations take place;
(b) Public services or bodies of the State of employment on
the basis of agreement between the States concerned;
(c) A body established by virtue of a bilateral or multilateral
agreement. 2. Subject to any authorization, approval and supervision
by the public authorities of the States Parties concerned as
may be established pursuant to the legislation and practice
of those States, agencies, prospective employers or persons
acting on their behalf may also be permitted to undertake the
said operations.
Article 67
1. States Parties concerned shall
co-operate as appropriate in the adoption of measures regarding
the orderly return of migrant workers and members of their families
to the State of origin when they decide to return or their authorization
of residence or employment expires or when they are in the State
of employment in an irregular situation.
2. Concerning migrant workers and members of their families in
a regular situation, States Parties concerned shall co-operate
as appropriate, on terms agreed upon by those States, with a view
to promoting adequate economic conditions for their resettlement
and to facilitating their durable social and cultural reintegration
in the State of origin.
Article 68
1. States Parties, including States
of transit, shall collaborate with a view to preventing and eliminating
illegal or clandestine movements and employment of migrant workers
in an irregular situation. The measures to be taken to this end
within the jurisdiction of each State concerned shall include:
(a) Appropriate measures against
the dissemination of misleading information relating to emigration
and immigration;
(b) Measures to detect and eradicate illegal or clandestine
movements of migrant workers and members of their families and
to impose effective sanctions on persons, groups or entities
which organize, operate or assist in organizing or operating
such movements;
(c) Measures to impose effective sanctions on persons, groups
or entities which use violence, threats or intimidation against
migrant workers or members of their families in an irregular
situation.
2. States of employment shall take
all adequate and effective measures to eliminate employment in
their territory of migrant workers in an irregular situation,
including, whenever appropriate, sanctions on employers of such
workers. The rights of migrant workers vis-a-vis their employer
arising from employment shall not be impaired by these measures.
Article 69
1. States Parties shall, when there
are migrant workers and members of their families within their
territory in an irregular situation, take appropriate measures
to ensure that such a situation does not persist.
2. Whenever States Parties concerned consider the possibility
of regularizing the situation of such persons in accordance with
applicable national legislation and bilateral or multilateral
agreements, appropriate account shall be taken of the circumstances
of their entry, the duration of their stay in the States of employment
and other relevant considerations, in particular those relating
to their family situation.
Article 70
States Parties shall take measures
not less favourable than those applied to nationals to ensure
that working and living conditions of migrant workers and members
of their families in a regular situation are in keeping with the
standards of fitness, safety, health and principles of human dignity.
Article 71
1. States Parties shall facilitate,
whenever necessary, the repatriation to the State of origin of
the bodies of deceased migrant workers or members of their families.
2. As regards compensation matters relating to the death of a
migrant worker or a member of his or her family, States Parties
shall, as appropriate, provide assistance to the persons concerned
with a view to the prompt settlement of such matters. Settlement
of these matters shall be carried out on the basis of applicable
national law in accordance with the provisions of the present
Convention and any relevant bilateral or multilateral agreements.
PART
VII : APPLICATION OF THE CONVENTION
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