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PREAMBLE
The States Parties to the present
Convention,
Taking into account the principles
embodied in the basic instruments of the United Nations concerning
human rights, in particular the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights,
the International Covenant on Civil and Political Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination,
the Convention on the Elimination of All Forms of Discrimination
against Women and the Convention on the Rights of the Child,
Taking into account also the
principles and standards set forth in the relevant instruments elaborated
within the framework of the International Labour Organisation, especially
the Convention concerning Migration for Employment (No. 97), the
Convention concerning Migrations in Abusive Conditions and the Promotion
of Equality of Opportunity and Treatment of Migrant Workers (No.143),
the Recommendation concerning Migration for Employment (No. 86),
the Recommendation concerning Migrant Workers (No.151), the Convention
concerning Forced or Compulsory Labour (No. 29) and the Convention
concerning Abolition of Forced Labour (No. 105),
Reaffirming the importance
of the principles contained in the Convention against Discrimination
in Education of the United Nations Educational, Scientific and Cultural
Organization,
Recalling the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
the Declaration of the Fourth United Nations Congress on the Prevention
of Crime and the Treatment of Offenders, the Code of Conduct for
Law Enforcement Officials, and the Slavery Conventions,
Recalling that one of the
objectives of the International Labour Organisation, as stated in
its Constitution, is the protection of the interests of workers
when employed in countries other than their own, and bearing in
mind the expertise and experience of that organization in matters
related to migrant workers and members of their families,
Recognizing the importance
of the work done in connection with migrant workers and members
of their families in various organs of the United Nations, in particular
in the Commission on Human Rights and the Commission for Social
Development, and in the Food and Agriculture Organization of the
United Nations, the United Nations Educational, Scientific and Cultural
Organization and the World Health Organization, as well as in other
international organizations,
Recognizing also the progress
made by certain States on a regional or bilateral basis towards
the protection of the rights of migrant workers and members of their
families, as well as the importance and usefulness of bilateral
and multilateral agreements in this field,
Realizing the importance and
extent of the migration phenomenon, which involves millions of people
and affects a large number of States in the international community,
Aware of the impact of the
flows of migrant workers on States and people concerned, and desiring
to establish norms which may contribute to the harmonization of
the attitudes of States through the acceptance of basic principles
concerning the treatment of migrant workers and members of their
families,
Considering the situation
of vulnerability in which migrant workers and members of their families
frequently-find themselves owing, among other things, to their absence
from their State of origin and to the difficulties they may encounter
arising from their presence in the State of employment,
Convinced that the rights
of migrant workers and members of their families have not been sufficiently
recognized everywhere and therefore require appropriate international
protection,
Taking into account the fact
that migration is often the cause of serious problems for the members
of the families of migrant workers as well as for the workers themselves,
in particular because of the scattering of the family,
Bearing in mind that the human
problems involved in migration are even more serious in the case
of irregular migration and convinced therefore that appropriate
action should be encouraged in order to prevent and eliminate clandestine
movements and trafficking in migrant workers, while at the same
time assuring the protection of their fundamental human rights,
Considering that workers who
are non-documented or in an irregular situation are frequently employed
under less favourable conditions of work than other workers and
that certain employers find this an inducement to seek such labour
in order to reap the benefits of unfair competition,
Considering also that recourse
to the employment of migrant workers who are in an irregular situation
will be discouraged if the fundamental human rights of all migrant
workers are more widely recognized and, moreover, that granting
certain additional rights to migrant workers and members of their
families in a regular situation will encourage all migrants and
employers to respect and comply with the laws and procedures established
by the States concerned,
Convinced, therefore, of the
need to bring about the international protection of the rights of
all migrant workers and members of their families, reaffirming and
establishing basic norms in a comprehensive convention which could
be applied universally,
Have agreed as follows:
Continue: Part 1:
Scope and definitions
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