Article
72
1. (a) For the purpose of reviewing
the application of the present Convention, there shall be established
a Committee on the Protection of the Rights of All Migrant Workers
and Members of Their Families (hereinafter referred to as ''the
Committee");
(b) The Committee shall consist, at the time of entry into force
of the present Convention, of ten and, after the entry into force
of the Convention for the forty-first State Party, of fourteen
experts of high moral standing, impartiality and recognized competence
in the field covered by the Convention.
2. (a) Members of the Committee
shall be elected by secret ballot by the States Parties from a
list of persons nominated by the States Parties, due consideration
being given to equitable geographical distribution, including
both States of origin and States of employment, and to the representation
of the principal legal system. Each State Party may nominate one
person from among its own nationals; (b) Members shall be elected
and shall serve in their personal capacity.
3. The initial election shall be
held no later than six months after the date of the entry into
force of the present Convention and subsequent elections every
second year. At least four months before the date of each election,
the Secretary-General of the United Nations shall address a letter
to all States Parties inviting them to submit their nominations
within two months. The Secretary-General shall prepare a list
in alphabetical order of all persons thus nominated, indicating
the States Parties that have nominated them, and shall submit
it to the States Parties not later than one month before the date
of the corresponding election, together with the curricula vitae
of the persons thus nominated.
4. Elections of members of the
Committee shall be held at a meeting of States Parties convened
by the Secretary-General at United Nations Headquarters. At that
meeting, for which two thirds of the States Parties shall constitute
a quorum, the persons elected to the Committee shall be those
nominees who obtain the largest number of votes and an absolute
majority of the votes of the States Parties present and voting.
5. (a) The members of the Committee
shall serve for a term of four years. However, the terms of five
of the members elected in the first election shall expire at the
end of two years; immediately after the first election, the names
of these five members shall be chosen by lot by the Chairman of
the meeting of States Parties;
(b) The election of the four additional
members of the Committee shall be held in accordance with the
provisions of paragraphs 2, 3 and 4 of the present article, following
the entry into force of the Convention for the forty-first State
Party. The term of two of the additional members elected on this
occasion shall expire at the end of two years; the names of these
members shall be chosen by lot by the Chairman of the meeting
of States Parties;
(c) The members of the Committee
shall be eligible for re-election if renominated.
6. If a member of the Committee
dies or resigns or declares that for any other cause he or she
can no longer perform the duties of the Committee, the State Party
that nominated the expert shall appoint another expert from among
its own nationals for the remaining part of the term. The new
appointment is subject to the approval of the Committee.
7. The Secretary-General of the
United Nations shall provide the necessary staff and facilities
for the effective performance of the functions of the Committee.
8. The members of the Committee
shall receive emoluments from United Nations resources on such
terms and conditions as the General Assembly may decide.
9. The members of the Committee
shall be entitled to the facilities, privileges and immunities
of experts on mission for the United Nations as laid down in the
relevant sections of the Convention on the Privileges and Immunities
of the United Nations.
Article 73
1. States Parties undertake to
submit to the Secretary-General of the United Nations for consideration
by the Committee a report on the legislative, judicial, administrative
and other measures they have taken to give effect to the provisions
of the present Convention:
(a) Within one year after the entry
into force of the Convention for the State Party concerned; (b)
Thereafter every five years and whenever the Committee so requests.
2. Reports prepared under the present
article shall also indicate factors and difficulties, if any,
affecting the implementation of the Convention and shall include
information on the characteristics of migration flows in which
the State Party concerned is involved.
3. The Committee shall decide any further guidelines applicable
to the content of the reports.
4. States Parties shall make their reports widely available to
the public in their own countries.
Article 74
1. The Committee shall examine
the reports submitted by each State Party and shall transmit such
comments as it may consider appropriate to the State Party concerned.
This State Party may submit to the Committee observations on any
comment made by the Committee in accordance with the present article.
The Committee may request supplementary information from States
Parties when considering these reports.
2. The Secretary-General of the United Nations shall, in due time
before the opening of each regular session of the Committee, transmit
to the Director-General of the International Labour Office copies
of the reports submitted by States Parties concerned and information
relevant to the consideration of these reports, in order to enable
the Office to assist the Committee with the expertise the Office
may provide regarding those matters dealt with by the present
Convention that fall within the sphere of competence of the International
Labour Organisation. The Committee shall consider in its deliberations
such comments and materials as the Office may provide.
3. The Secretary-General of the United Nations may also, after
consultation with the Committee, transmit to other specialized
agencies as well as to intergovernmental organizations, copies
of such parts of these reports as may fall within their competence.
4. The Committee may invite the specialized agencies and organs
of the United Nations, as well as intergovernmental organizations
and other concerned bodies to submit, for consideration by the
Committee, written information on such matters dealt with in the
present Convention as fall within the scope of their activities.
5. The International Labour Office shall be invited by the Committee
to appoint representatives to participate, in a consultative capacity,
in the meetings of the Committee.
6. The Committee may invite representatives of other specialized
agencies and organs of the United Nations, as well as of intergovernmental
organizations, to be present and to be heard in its meetings whenever
matters falling within their field of competence are considered.
7. The Committee shall present an annual report to the General
Assembly of the United Nations on the implementation of the present
Convention, containing its own considerations and recommendations,
based, in particular, on the examination of the reports and any
observations presented by States Parties.
8. The Secretary-General of the United Nations shall transmit
the annual reports of the Committee to the States Parties to the
present Convention, the Economic and Social Council, the Commission
on Human Rights of the United Nations, the Director-General of
the International Labour Office and other relevant organizations.
Article 75
1. The Committee shall adopt its
own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
3. The Committee shall normally meet annually.
4. The meetings of the Committee shall normally be held at United
Nations Headquarters.
Article 76
1. A State Party to the present
Convention may at any time declare under this article that it
recognizes the competence of the Committee to receive and consider
communications to the effect that a State Party claims that another
State Party is not fulfilling its obligations under the present
Convention. Communications under this article may be received
and considered only if submitted by a State Party that has made
a declaration recognizing in regard to itself the competence of
the Committee. No communication shall be received by the Committee
if it concerns a State Party which has not made such a declaration.
Communications received under this article shall be dealt with
in accordance with the following procedure:
(a) If a State Party to the present
Convention considers that another State Party is not fulfilling
its obligations under the present Convention, it may, by written
communication, bring the matter to the attention of that State
Party. The State Party may also inform the Committee of the
matter. Within three months after the receipt of the communication
the receiving State shall afford the State that sent the communication
an explanation, or any other statement in writing clarifying
the matter which should include, to the extent possible and
pertinent, reference to domestic procedures and remedies taken,
pending or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both
States Parties concerned within six months after the receipt
by the receiving State of the initial communication, either
State shall have the right to refer the matter to the Committee,
by notice given to the Committee and to the other State;
(c) The Committee shall deal with a matter referred to it only
after it has ascertained that all available domestic remedies
have been invoked and exhausted in the matter, in conformity
with the generally recognized principles of international law.
This shall not be the rule where, in the view of the Committee,
the application of the remedies is unreasonably prolonged;
(d) Subject to the provisions of subparagraph (c) of the present
paragraph, the Committee shall make available its good offices
to the States Parties concerned with a view to a friendly solution
of the matter on the basis of the respect for the obligations
set forth in the present Convention;
(e) The Committee shall hold closed meetings when examining
communications under the present article;
(f) In any matter referred to it in accordance with subparagraph
(b) of the present paragraph, the Committee may call upon the
States Parties concerned, referred to in subparagraph (b), to
supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph
(b) of the present paragraph, shall have the right to be represented
when the matter is being considered by the Committee and to
make submissions orally and/or in writing;
(h) The Committee shall, within twelve months after the date
of receipt of notice under subparagraph (b) of the present paragraph,
submit a report, as follows:
(i) If a solution within the
terms of subparagraph (d) of the present paragraph is reached,
the Committee shall confine its report to a brief statement
of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (d) is
not reached, the Committee shall, in its report, set forth
the relevant facts concerning the issue between the States
Parties concerned. The written submissions and record of the
oral submissions made by the States Parties concerned shall
be attached to the report. The Committee may also communicate
only to the States Parties concerned any views that it may
consider relevant to the issue between them. In every matter,
the report shall be communicated to the States Parties concerned.
2. The provisions of the present
article shall come into force when ten States Parties to the present
Convention have made a declaration under paragraph I of the present
article. Such declarations shall be deposited by the States Parties
with the Secretary-General of the United Nations, who shall transmit
copies thereof to the other States Parties. A declaration may
be withdrawn at any time by notification to the Secretary-General.
Such a withdrawal shall not prejudice the consideration of any
matter that is the subject of a communication already transmitted
under the present article; no further communication by any State
Party shall be received under the present article after the notification
of withdrawal of the declaration has been received by the Secretary-General,
unless the State Party concerned has made a new declaration.
Article 77
1. A State Party to the present
Convention may at any time declare under the present article that
it recognizes the competence of the Committee to receive and consider
communications from or on behalf of individuals subject to its
jurisdiction who claim that their individual rights as established
by the present Convention have been violated by that State Party.
No communication shall be received by the Committee if it concerns
a State Party that has not made such a declaration.
2. The Committee shall consider inadmissible any communication
under the present article which is anonymous or which it considers
to be an abuse of the right of submission of such communications
or to be incompatible with the provisions of the present Convention.
3. The Committee shall not consider any communication from an
individual under the present article unless it has ascertained
that:
(a) The same matter has not been,
and is not being, examined under another procedure of international
investigation or settlement;
(b) The individual has exhausted all available domestic remedies;
this shall not be the rule where, in the view of the Committee,
the application of the remedies is unreasonably prolonged or is
unlikely to bring effective relief to that individual.
4. Subject to the provisions of
paragraph 2 of the present article, the Committee shall bring
any communications submitted to it under this article to the attention
of the State Party to the present Convention that has made a declaration
under paragraph 1 and is alleged to be violating any provisions
of the Convention. Within six months, the receiving State shall
submit to the Committee written explanations or statements clarifying
the matter and the remedy, if any, that may have been taken by
that State.
5. The Committee shall consider communications received under
the present article in the light of all information made available
to it by or on behalf of the individual and by the State Party
concerned.
6. The Committee shall hold closed
meetings when examining communications under the present article.
7. The Committee shall forward its views to the State Party concerned
and to the individual. 8. The provisions of the present article
shall come into force when ten States Parties to the present Convention
have made declarations under paragraph 1 of the present article.
Such declarations shall be deposited by the States Parties with
the Secretary-General of the United Nations, who shall transmit
copies thereof to the other States Parties. A declaration may
be withdrawn at any time by notification to the Secretary-General.
Such a withdrawal shall not prejudice the consideration of any
matter that is the subject of a communication already transmitted
under the present article; no further communication by or on behalf
of an individual shall be received under the present article after
the notification of withdrawal of the declaration has been received
by the Secretary-General, unless the State Party has made a new
declaration.
Article 78
The provisions of article 76 of
the present Convention shall be applied without prejudice to any
procedures for settling disputes or complaints in the field covered
by the present Convention laid down in the constituent instruments
of, or in conventions adopted by, the United Nations and the specialized
agencies and shall not prevent the States Parties from having
recourse to any procedures for settling a dispute in accordance
with international agreements in force between them.
PART
VIII : GENERAL PROVISIONS
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