Resolução n.º 1/2012

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Resolução n.º 1/2012

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Texto do artigo · p. 26 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.

Texto do artigo · p. 26 Article 68

Número ou marcador · p. 26 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 eradicatc 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.

Número ou marcador · p. 26 2. States of employment shall take all adequate and effective

Texto do artigo · p. 26 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 mcasures.

Texto do artigo · p. 26 Article 69

Número ou marcador · p. 26 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 docs not persist.

Número ou marcador · p. 26 2. Whenever States Parties concerned consider the possibility

Texto do artigo · p. 26 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.

Texto do artigo · p. 26 Article 70

Texto do artigo · p. 26 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.

Texto do artigo · p. 26 Article 71

Número ou marcador · p. 26 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.

Número ou marcador · p. 26 2. As regards compensation matters relating to the death

Texto do artigo · p. 26 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.

Texto do artigo · p. 26 Part VII: Application of the Convention Article 72

Texto do artigo · p. 26 (a) For the purpose of reviewing the application of the present Convention, there hall 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”);

Texto do artigo · p. 27 (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 fomieen experts of high moral standing, impartiality and recognized competence in the field covered by the Convention.

Número ou marcador · p. 27 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 systems. Each State Party may nominate one person from among its own nationals; (b) Members shall be elected and shall serve in their personal capacity.

Número ou marcador · p. 27 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.

Número ou marcador · p. 27 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.

Número ou marcador · p. 27 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.

Número ou marcador · p. 27 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.

Número ou marcador · p. 27 7. The Secretary-General of the United Nations shall provide

Texto do artigo · p. 27 the necessary staff and facilities for the effective performance of the functions of the Committee.

Número ou marcador · p. 27 8. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.

Número ou marcador · p. 27 9. The members of the Committee shall be entitled to the

Texto do artigo · p. 27 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.

Texto do artigo · p. 27 Article 73

Número ou marcador · p. 27 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.

Número ou marcador · p. 27 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 involvcd.

Número ou marcador · p. 27 3. The Committee shall decide any further guidelines applicable to the content of the reports.

Número ou marcador · p. 27 4. States Parties shall make their reports widely available to

Texto do artigo · p. 27 the public in their own countries. Article 74

Número ou marcador · p. 27 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.

Número ou marcador · p. 27 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.

Número ou marcador · p. 27 3. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to other specialized agencies a well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.

Número ou marcador · p. 27 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.

Número ou marcador · p. 27 5. The International Labour Office shall be invited by

Texto do artigo · p. 27 the Committee to appoint representatives to participate, in a consultative capacity, in the meetings of the Committee.

Número ou marcador · p. 28 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.

Número ou marcador · p. 28 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.

Número ou marcador · p. 28 8. The Secretary-General of the United Nations shall transmit

Texto do artigo · p. 28 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.

Texto do artigo · p. 28 Article 75

Número ou marcador · p. 28 1. The Committee shall adopt its own rules of procedure.

Número ou marcador · p. 28 2. The Committee shall elect its officers for a term of two years.

Número ou marcador · p. 28 3. The Committee shall normally meet annually.

Número ou marcador · p. 28 4. The meetings of the Committee shall normally be held at

Texto do artigo · p. 28 United Nations Headquarters. Article 76

Número ou marcador · p. 28 1. A State Party to the present Convention may at any time

Texto do artigo · p. 28 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:

Texto do artigo · p. 28 (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;

Texto do artigo · p. 28 (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:

Texto do artigo · p. 28 (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.

Número ou marcador · p. 28 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 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 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.

Texto do artigo · p. 28 Article 77

Número ou marcador · p. 28 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.

Número ou marcador · p. 29 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.

Número ou marcador · p. 29 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.

Número ou marcador · p. 29 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 mattcr and the remedy, if any, that may have been taken by that State.

Número ou marcador · p. 29 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 df the individual and by the State Party concerned.

Número ou marcador · p. 29 6. The Committee shall hold closed meetings when examining communications under the present article.

Número ou marcador · p. 29 7. The Committee shall forward its views to the State Party concerned and to the individual.

Número ou marcador · p. 29 8. The provisions of the present article shall come into force

Texto do artigo · p. 29 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 thc Secretary-General, unless the State Party has made a new declaration.

Texto do artigo · p. 29 Article 78

Texto do artigo · p. 29 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.

Texto do artigo · p. 29 Part VIII: General provisions Article 79

Texto do artigo · p. 29 Nothing in the present Convention shall affect the right of each State Party to establish the criteria governing admission of migrant workers and members of their families. Concerning other matters

Texto do artigo · p. 29 related to their legal situation and treatment as migrant workers and members of their families, States Parties shall be subject to the limitations set forth in the present Convention.

Texto do artigo · p. 29 Article 80

Texto do artigo · p. 29 Nothing in the present Convention shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Convention.

Texto do artigo · p. 29 Article 81

Número ou marcador · p. 29 1. Nothing in the present Convention shall affect more favourable rights or freedoms granted to migrant workers and members of their families by virtue of: (a) The law or practice of a State Party; or (b) Any bilateral or multilateral treaty in force for the State Party concerned.

Número ou marcador · p. 29 2. Nothing in the present Convention may be interpreted as

Texto do artigo · p. 29 implying for any State, group or person any right to engage in any activity or perform any act that would impair any of the rights and freedoms as set forth in the present Convention.

Texto do artigo · p. 29 Article 82

Texto do artigo · p. 29 The rights of migrant workers and members of their families provided for in the present Convention may not be renounced. It shall not be permissible to exert any form of pressure upon migrant workers and members of their families with a view to their relinquishing or foregoing any of the said rights. It shall not be possible to derogate by contract from rights recognized in the present Convention. States Parties shall take appropriate measures to ensure that these principles are respected.

Texto do artigo · p. 29 Article 83 Each State Party to the present Convcntion undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any persons seeking such a remedy shall have his or her claim reviewed and decided by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. Article 84

Texto do artigo · p. 29 Each State Party undertakes to adopt the legislative and other measures that are necessary to implement the provisions of the present Convention.

Texto do artigo · p. 29 Part IX: Final provisions Article 85

Texto do artigo · p. 29 The Secretary-General of the United Nations is designated as the depositary of the present Convention.

Texto do artigo · p. 30 Article 86

Número ou marcador · p. 30 1. The present Convention shall be open for signature by all States. It is subject to ratification.

Número ou marcador · p. 30 2. The present Convention shall be open to accession by any State.

Número ou marcador · p. 30 3. Instruments of ratification or accession shall be deposited

Texto do artigo · p. 30 with the Secretary General of the United Nations. Article 87

Número ou marcador · p. 30 1. The present Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of the twentieth instrument of ratification or accession.

Número ou marcador · p. 30 2. For each State ratifing or acceding to the present Convention

Texto do artigo · p. 30 after its entry into force, the Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of its own instrument of ratification

Texto do artigo · p. 30 or accession. Article 88

Texto do artigo · p. 30 A State ratifying or acceding to the present Convention may not exclude the application of any Part of it, or, without prejudice to article 3, exclude any particular category of migrant workers from its application.

Texto do artigo · p. 30 Article 89

Número ou marcador · p. 30 1. Any State Party may denounce the present Convention, not earlier than five years after the Convention has entered into force for the State concerned, by means of a notification in writing addressed to the Secretary-General of the United Nations.

Número ou marcador · p. 30 2. Such denunciation shall become effective on the first day of the month following the expiration of a period of twelve months after the date of the receipt of the notification by the SecretaryGeneral of the United Nations.

Número ou marcador · p. 30 3. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.

Número ou marcador · p. 30 4. Following the date at which the denunciation of a State

Texto do artigo · p. 30 Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State.

Texto do artigo · p. 30 Article 90

Número ou marcador · p. 30 1. After five years from the entry into force of the Convention a request for the revision of the Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting shall be submitted to the General Assembly for approval.

Número ou marcador · p. 30 2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties in accordance with their respective constitutional processes.

Número ou marcador · p. 30 3. When amendments come into force, they shall be binding on

Texto do artigo · p. 30 those States Parties that have accepted them, other States Parties still being bound by the provisions of the present Convention and any earlier amendment that they have accepted.

Texto do artigo · p. 30 Article 91

Número ou marcador · p. 30 1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of signature, ratification or accession.

Número ou marcador · p. 30 2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.

Número ou marcador · p. 30 3. Reservations may be withdrawn at any time by notification

Texto do artigo · p. 30 to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received.

Texto do artigo · p. 30 Article 92

Número ou marcador · p. 30 1. Any dispute between two or morc States Parties concerning the interpretation or application of the present Convention that is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, anyone of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

Número ou marcador · p. 30 2. Each State Party may at the time of signature or ratification: of the present Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of the present article. The other States Parties shall not be bound by that paragraph with respect to any State Party that has made such a declaration.

Número ou marcador · p. 30 3. Any State Party that has made a declaration in accordance

Texto do artigo · p. 30 with paragraph 2 of the present article may at any time withdraw that declaration by notification to the Secretary-General of the United Nations.

Texto do artigo · p. 30 Article 93

Número ou marcador · p. 30 1. The present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

Número ou marcador · p. 30 2. The Secretary-General of the United Nations shall transmit

Texto do artigo · p. 30 certified copies of the present Convention to all States.

Texto do artigo · p. 30 In witness whereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

Fonte textual acessível

Texto do artigo, página 26: 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.
Texto do artigo, página 26: Article 68
Número ou marcador, página 26: 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 eradicatc 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.
Número ou marcador, página 26: 2. States of employment shall take all adequate and effective
Texto do artigo, página 26: 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 mcasures.
Texto do artigo, página 26: Article 69
Número ou marcador, página 26: 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 docs not persist.
Número ou marcador, página 26: 2. Whenever States Parties concerned consider the possibility
Texto do artigo, página 26: 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.
Texto do artigo, página 26: Article 70
Texto do artigo, página 26: 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.
Texto do artigo, página 26: Article 71
Número ou marcador, página 26: 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.
Número ou marcador, página 26: 2. As regards compensation matters relating to the death
Texto do artigo, página 26: 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.
Texto do artigo, página 26: Part VII: Application of the Convention Article 72
Texto do artigo, página 26: (a) For the purpose of reviewing the application of the present Convention, there hall 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”);
Texto do artigo, página 27: (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 fomieen experts of high moral standing, impartiality and recognized competence in the field covered by the Convention.
Número ou marcador, página 27: 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 systems. Each State Party may nominate one person from among its own nationals; (b) Members shall be elected and shall serve in their personal capacity.
Número ou marcador, página 27: 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.
Número ou marcador, página 27: 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.
Número ou marcador, página 27: 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.
Número ou marcador, página 27: 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.
Número ou marcador, página 27: 7. The Secretary-General of the United Nations shall provide
Texto do artigo, página 27: the necessary staff and facilities for the effective performance of the functions of the Committee.
Número ou marcador, página 27: 8. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.
Número ou marcador, página 27: 9. The members of the Committee shall be entitled to the
Texto do artigo, página 27: 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.
Texto do artigo, página 27: Article 73
Número ou marcador, página 27: 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.
Número ou marcador, página 27: 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 involvcd.
Número ou marcador, página 27: 3. The Committee shall decide any further guidelines applicable to the content of the reports.
Número ou marcador, página 27: 4. States Parties shall make their reports widely available to
Texto do artigo, página 27: the public in their own countries. Article 74
Número ou marcador, página 27: 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.
Número ou marcador, página 27: 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.
Número ou marcador, página 27: 3. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to other specialized agencies a well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.
Número ou marcador, página 27: 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.
Número ou marcador, página 27: 5. The International Labour Office shall be invited by
Texto do artigo, página 27: the Committee to appoint representatives to participate, in a consultative capacity, in the meetings of the Committee.
Número ou marcador, página 28: 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.
Número ou marcador, página 28: 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.
Número ou marcador, página 28: 8. The Secretary-General of the United Nations shall transmit
Texto do artigo, página 28: 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.
Texto do artigo, página 28: Article 75
Número ou marcador, página 28: 1. The Committee shall adopt its own rules of procedure.
Número ou marcador, página 28: 2. The Committee shall elect its officers for a term of two years.
Número ou marcador, página 28: 3. The Committee shall normally meet annually.
Número ou marcador, página 28: 4. The meetings of the Committee shall normally be held at
Texto do artigo, página 28: United Nations Headquarters. Article 76
Número ou marcador, página 28: 1. A State Party to the present Convention may at any time
Texto do artigo, página 28: 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:
Texto do artigo, página 28: (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;
Texto do artigo, página 28: (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:
Texto do artigo, página 28: (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.
Número ou marcador, página 28: 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 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 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.
Texto do artigo, página 28: Article 77
Número ou marcador, página 28: 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.
Número ou marcador, página 29: 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.
Número ou marcador, página 29: 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.
Número ou marcador, página 29: 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 mattcr and the remedy, if any, that may have been taken by that State.
Número ou marcador, página 29: 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 df the individual and by the State Party concerned.
Número ou marcador, página 29: 6. The Committee shall hold closed meetings when examining communications under the present article.
Número ou marcador, página 29: 7. The Committee shall forward its views to the State Party concerned and to the individual.
Número ou marcador, página 29: 8. The provisions of the present article shall come into force
Texto do artigo, página 29: 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 thc Secretary-General, unless the State Party has made a new declaration.
Texto do artigo, página 29: Article 78
Texto do artigo, página 29: 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.
Texto do artigo, página 29: Part VIII: General provisions Article 79
Texto do artigo, página 29: Nothing in the present Convention shall affect the right of each State Party to establish the criteria governing admission of migrant workers and members of their families. Concerning other matters
Texto do artigo, página 29: related to their legal situation and treatment as migrant workers and members of their families, States Parties shall be subject to the limitations set forth in the present Convention.
Texto do artigo, página 29: Article 80
Texto do artigo, página 29: Nothing in the present Convention shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Convention.
Texto do artigo, página 29: Article 81
Número ou marcador, página 29: 1. Nothing in the present Convention shall affect more favourable rights or freedoms granted to migrant workers and members of their families by virtue of: (a) The law or practice of a State Party; or (b) Any bilateral or multilateral treaty in force for the State Party concerned.
Número ou marcador, página 29: 2. Nothing in the present Convention may be interpreted as
Texto do artigo, página 29: implying for any State, group or person any right to engage in any activity or perform any act that would impair any of the rights and freedoms as set forth in the present Convention.
Texto do artigo, página 29: Article 82
Texto do artigo, página 29: The rights of migrant workers and members of their families provided for in the present Convention may not be renounced. It shall not be permissible to exert any form of pressure upon migrant workers and members of their families with a view to their relinquishing or foregoing any of the said rights. It shall not be possible to derogate by contract from rights recognized in the present Convention. States Parties shall take appropriate measures to ensure that these principles are respected.
Texto do artigo, página 29: Article 83 Each State Party to the present Convcntion undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any persons seeking such a remedy shall have his or her claim reviewed and decided by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. Article 84
Texto do artigo, página 29: Each State Party undertakes to adopt the legislative and other measures that are necessary to implement the provisions of the present Convention.
Texto do artigo, página 29: Part IX: Final provisions Article 85
Texto do artigo, página 29: The Secretary-General of the United Nations is designated as the depositary of the present Convention.
Texto do artigo, página 30: Article 86
Número ou marcador, página 30: 1. The present Convention shall be open for signature by all States. It is subject to ratification.
Número ou marcador, página 30: 2. The present Convention shall be open to accession by any State.
Número ou marcador, página 30: 3. Instruments of ratification or accession shall be deposited
Texto do artigo, página 30: with the Secretary General of the United Nations. Article 87
Número ou marcador, página 30: 1. The present Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of the twentieth instrument of ratification or accession.
Número ou marcador, página 30: 2. For each State ratifing or acceding to the present Convention
Texto do artigo, página 30: after its entry into force, the Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of its own instrument of ratification
Texto do artigo, página 30: or accession. Article 88
Texto do artigo, página 30: A State ratifying or acceding to the present Convention may not exclude the application of any Part of it, or, without prejudice to article 3, exclude any particular category of migrant workers from its application.
Texto do artigo, página 30: Article 89
Número ou marcador, página 30: 1. Any State Party may denounce the present Convention, not earlier than five years after the Convention has entered into force for the State concerned, by means of a notification in writing addressed to the Secretary-General of the United Nations.
Número ou marcador, página 30: 2. Such denunciation shall become effective on the first day of the month following the expiration of a period of twelve months after the date of the receipt of the notification by the SecretaryGeneral of the United Nations.
Número ou marcador, página 30: 3. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.
Número ou marcador, página 30: 4. Following the date at which the denunciation of a State
Texto do artigo, página 30: Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State.
Texto do artigo, página 30: Article 90
Número ou marcador, página 30: 1. After five years from the entry into force of the Convention a request for the revision of the Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting shall be submitted to the General Assembly for approval.
Número ou marcador, página 30: 2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties in accordance with their respective constitutional processes.
Número ou marcador, página 30: 3. When amendments come into force, they shall be binding on
Texto do artigo, página 30: those States Parties that have accepted them, other States Parties still being bound by the provisions of the present Convention and any earlier amendment that they have accepted.
Texto do artigo, página 30: Article 91
Número ou marcador, página 30: 1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of signature, ratification or accession.
Número ou marcador, página 30: 2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.
Número ou marcador, página 30: 3. Reservations may be withdrawn at any time by notification
Texto do artigo, página 30: to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received.
Texto do artigo, página 30: Article 92
Número ou marcador, página 30: 1. Any dispute between two or morc States Parties concerning the interpretation or application of the present Convention that is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, anyone of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
Número ou marcador, página 30: 2. Each State Party may at the time of signature or ratification: of the present Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of the present article. The other States Parties shall not be bound by that paragraph with respect to any State Party that has made such a declaration.
Número ou marcador, página 30: 3. Any State Party that has made a declaration in accordance
Texto do artigo, página 30: with paragraph 2 of the present article may at any time withdraw that declaration by notification to the Secretary-General of the United Nations.
Texto do artigo, página 30: Article 93
Número ou marcador, página 30: 1. The present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
Número ou marcador, página 30: 2. The Secretary-General of the United Nations shall transmit
Texto do artigo, página 30: certified copies of the present Convention to all States.
Texto do artigo, página 30: In witness whereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

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