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Standards

International instruments provide a solid foundation for formulation of migration policies. All international labour standards apply to migrant workers, unless otherwise stated in the instruments. The ILO has pioneered the development of international instruments for the governance of labour migration and protection of migrant workers since the 1930s. Universal human rights are applicable to all human beings irrespective of nationality. Moreover, the core labour rights - fundamental Conventions of the ILO enshrined in the ILO Declaration on Fundamental Principles and Rights at Work - are applicable to all workers including all migrant workers. The ILO Conventions on migrant workers - Migration for Employment No. 97, (1949) and the Migrant Workers (Supplementary Provisions) Convention No. 143, (1975) comprehensively define the rights of migrant workers, and advocate the principles of equal treatment, equality of opportunity and non-discrimination. The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families has elaborated and expanded on these rights. These three Conventions together define a comprehensive charter of migrant rights and provide a legal basis for national policy and practice on migrant workers.


ILO Fundamental conventions

C87 Freedom of Association and Protection of the Right to Organise Convention1948
C98 Right to Organise and Collective Bargaining Convention1949
C29 Forced Labour Convention1930
C105 Abolition of Forced Labour Convention1957
C100 Equal Remuneration Convention1951
C111 Discrimination (Employment and Occupation) Convention1958
C138 Minimum Age Convention1973
C182 Worst Forms of Child Labour Convention1999

ILO Migrant specific instruments

C97 Migration for Employment Convention (Revised)1949
R86 Migration for Employment Recommendation (Revised)1949
C143 Migrant Workers (Supplementary Provisions) Convention1975
R151 Migrant Workers Recommendation1975

Other Relevant ILO Standards

C19 Equality of Treatment (Accident compensation) Convention1925
C81 Labour inspection Convention1947
C94 Labour Clauses (Public Contracts) Convention1949
C95 MProtection of Wages Convention1949
C102 Social Security (Minimum Standards) Convention1952
C110 Plantations Convention1958
C118 Equality of Treatment (Social Security) Convention1962
C122 Employment Policy Convention1964
C129 Labour inspection (Agriculture) Convention1969
C131 Minimum Wage Fixing Convention1970
C144 Tripartite Consultation (International Labour Standards) Convention1976
C149 Nursing Personnel Convention1997
C155 Occupational Safety and Health Convention1981
C157 Maintenance of Social Security Rights Convention1982
C161 Occupational Health Services Convention1985
C167 Safety and Health in Construction Convention1988
C169 Indigenous and Tribal Peoples Convention1989
C172 Working Conditions (Hotels and Restaurants) Convention1991
C176 Safety and Health in Mines Conventions1995
C181 Private Employment Agencies Convention1997
C183 Maternity Protection Convention2000
C184 Safety and Health in Agriculture Convention2001

Specific UN Standards

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Adopted by General Assembly resolution 45/158 of 18 December 1990 (Entry into force: 1 July 2003). For more detail, visit the site of the CMW Committee.

Other Relevant UN Standards

International Convention on the Elimination of All Forms of Racial Discrimination (CERD) Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965; entry into force 4 January 1969. For the jurisprudence under the Convention, visit the site of CERD Committee.
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979; entry into force 3 September 1981. For the jurisprudence under the Convention, visit the site of CEDAW Committee.
International Covenant on Economic, Social and Cultural Rights (ICESCR) Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966; entry into force 3 January 1976.
International Covenant on Civil and Political Rights (ICCPR) Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976.
Convention on the Rights of the Child (CRC) Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989; entry into force 2 September 1990. For the jurisprudence of the Convention, visit the site of CRC Committee.
Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime - (pdf 48 KB) Adopted and opened for signature, ratification and accession by General Assembly resolution 55/25 of 15 November 2000. Entry into force: 25 December 2003
Protocol against the smuggling of migrants by land, sea and air, supplementing the United Nations Convention against Transnational Organized Crime - (pdf 60 KB) Adopted by resolution A/RES/55/25 of 15 November 2000 at the fifty-fifth session of the General Assembly of the United Nations. Entry into force: 28 January 2004

 
Last update: 10.04.2008 ^ top