The Triangle that could Square the Circle? The Un International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Eu and the Universal Periodic Review

Alan Desmond

doi:10.1163/15718166-12342071

Abstract

Even before it had been fully drafted, the un International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was blighted by a debilitating lack of support from States. Described by one of the participants in the drafting process as the un’s best-kept secret, it remains the least popular of the ten core international human rights instruments and has not been signed or ratified by any of the 28 eu Member States. This article is the first substantive examination of the Convention in the context of the un’s universal periodic review. It suggests that the universal periodic review may give the kiss of eu life to the Convention by raising awareness of it, re-energising civil society to more actively advocate for its ratification and forcing Member States to once again justify non-ratification.

Highlights

The UN International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICMW) was adopted by consensus by the UN General Assembly on 18 December 1990
This article is the first substantive examination of the Convention in the context of the UN’s universal periodic review. It suggests that the universal periodic review may give the kiss of EU life to the Convention by raising awareness of it, re-energising civil society to more actively advocate for its ratification and forcing Member States to once again justify non-ratification
The UN’s universal periodic review may provide the spark to ignite the flames of effective civil society and Member State engagement in the issue of ratification

Summary

Introduction

The UN International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICMW) was adopted by consensus by the UN General Assembly on 18 December 1990. 27 It is important to note in this regard that the Committee on Migrant Workers has recently drawn attention to the fact that while the right codified in Article 40 ICMW to form associations and trade unions in the State of employment is limited to migrants in a documented or regular situation, other instruments including the ICCPR, the ICESCR and ILO Freedom of Association and Protection of the Right to Organise Convention, 1948 (No 87), confer this right on all persons, irrespective of migration status In this regard, the Committee recommends that a State’s obligation under the ICMW be read in light of ‘the core human rights treaties and other relevant international instruments to which it is a party. The UN’s universal periodic review may provide the spark to ignite the flames of effective civil society and Member State engagement in the issue of ratification

98 The UN Migrant Workers Convention

Findings

Conclusion