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I. Background
A. What is the convention’s main topic? / What is its primary objective/goal?
- The main purpose of the Convention is to provide a set of binding international
standards to address the welfare and human rights of both documented and
undocumented migrants, as well as obligations and responsibilities imposed
upon participating State Parties.
B. Why did the United Nations convene for the purpose of creating this convention?
What crises did it aim to mitigate?
- The Convention aims to prevent and eliminate exploitation of migrant workers,
and to end illegal recruitment and trafficking of the same.
employment. (Art. 3)
C. What rights are respected? To whom does the Convention apply those rights?
- Human rights of all migrant workers and members of their families (Arts.
8-35)
- Human rights of documented migrant workers and members of their
families (Arts. 36-56)
- Provisions applicable to particular categories of migrant workers and
members of their families (Arts. 57-63)
to:
Mary Kate Shane P. Cizcar Terence Thomas M. Cosare
Immanuel Anthony E. Meru Iana Alyssa F. Soliman
Human Rights 1A Atty. J.P. Dela Pasion
1. Art. 76
- Receive and consider communications when a State Party claims that
another State Party is not fulfilling its obligations under the Convention.
2. Art. 77
- Receive and consider communications from or on behalf of individuals
subject to its jurisdiction who claim that their individual rights as established
by the Convention have been violated by that State Party.
I. Mexico
- A declaration was made asserting that the Convention’s provisions shall be
applied in accordance with domestic law.
1. Art. 26 (1) – made in relation to Venezuela’s declaration, made on 26-Oct-
17
- Mexico made a reservation stating that Venezuela’s declaration that Art.
26 (1) applies exclusive to migrant workers only is contrary to the
Convention’s tenor that it should apply to migrant workers and members of
their families.
- However, Mexico added further that such reservation does not prevent the
application of the provisions of the Convention between it and Venezuela.
2. Art. 77 – made on 15-Sep-08
- Mexico made a declaration recognizing the competence of the Committee
to receive and consider communications from or on behalf of individual
migrant workers subject to its jurisdiction who claim that Mexico violated
their rights as established by the Convention.
1. Art. 92 (1)
Page
2. Art. 49
- Existing visa regulations do not allow migrant workers to either change their
professions or the institution in which they work since such declarations are
the basis of the visas issued.
3. Art. 54
- Protection against dismissal, period of employment, etc., are governed by
the contracts of employment entered by the migrant workers.
2. Art. 92 (2)
- Venezuela declared that it cannot be considered bound by the same, and
does not itself bound to resort to arbitration as a means of dispute
settlement, and does not recognize the jurisdiction of the International
Court of Justice.
IV. Equivalent Domestic Laws and the Philippines’ Status as regards the
Convention
• NOTE: The Philippines signed the Convention on 15-Nov-93, and
was ratified on 05-Jul-95.
A. Labor Code of the Philippines, as amended, as well as its implementing rules and
regulations.
- In particular, Book I, Title II, Articles 40 – 42 of the Labor Code, on the
Employment of Non-Resident Aliens.
1. Art. 40 – Requirement that any alien seeking to be employed within the
Philippines, or any domestic or foreign employer who desires to engage an
alien for employment in the Philippines shall obtain an employment permit from
the DOLE.
2. Art. 41 – Any alien shall not transfer (1) to another job or (2) change his
employer without prior approval of the Secretary of Labor.
o Similar to the reservation made by Sri Lanka and its visa
regulations.
o Note: The definition of ‘migrant worker’ under the convention does
not distinguish between a resident and non-resident. Therefore, the
rules on employment of non-resident aliens may still apply.
- Book I, Rule XIV of the Omnibus Rules Implementing the Labor Code.
1. Sec. 2 – All employers employing foreign nationals, whether resident or non-
resident, shall submit a list of such nationals to the Bureau of Employment
Services, indicating their names, citizenship, foreign and local addresses,
nature of employment, and status of stay in the Philippines.
2. Sec. 3 – All employed resident aliens shall register with the Bureau.
3. Sec. 4 – No alien seeking employment may enter the Philippines without first
securing an employment permit from the DOLE.
B. Republic Act (R.A.) No. 8042, otherwise known as the Migrant Workers and
Overseas Filipinos Act of 1995, as amended by R.A. No. 10022, and its
implementing omnibus Rules and Regulations.
1. Sec. 4 – Deployment of Migrant Workers. - The State shall allow the
deployment of overseas Filipino workers only in countries where the rights of
Filipino migrant workers are protected. The government recognizes any of the
following as a guarantee on the part of the receiving country for the protection
of the rights of overseas Filipino workers:
a. It has existing labor and social laws protecting the rights of workers,
including migrant workers;
b. It is a signatory to and/or a ratifier of multilateral conventions,
declarations or resolutions relating to the protection of workers,
including migrant workers; and
c. It has concluded a bilateral agreement or arrangement with the
government on the protection of the rights of overseas Filipino Workers.
D. Republic Act No. 9189, or the Overseas Absentee Voting Act of 2003.
- In relation to the right of migrant workers and their families to participate in
public affairs of their home countries, as discussed in Art. 41 (1), the
Philippines enacted into law the same principle mentioned in the same.
1. Sec. 4 – Coverage includes all Filipino overseas workers, to vote for the
positions of (1) President, (2) Vice-President, (3) Senators, and (4) Party-List
Representatives.
2. Sec. 6 – OFWs may register with the with the Election Registration Board of
the city or municipality where they are domiciled before their departure, or with
the COMELEC representative at the Philippine embassies, consulates, or
other foreign service establishments.
V. References
Asia Pacific Forum of National Human Rights Institutions. (2012). Promoting and
Protecting the Rights of Migrant Workers: The Role of National Human Rights
Institutions. Retrieved from
https://nhri.ohchr.org/EN/IHRS/Documents/APF%20publication%20-
%20promoting%20and%20protecting%20the%20rights%20of%20migrant%20w
orkers.pdf
The People’s Movement for Human Rights Learning. Human Rights and Migrant
Workers. Retrieved from https://www.pdhre.org/rights/migrants.html