Migrant Workers (Supplementary Provisions)


Migrant Workers (Supplementary Provisions) :

ILO Convention No. 143 (1975) concerns equality of opportunity and treatment, and the elimination of abuses. This Convention is in two parts, dealing respectively with migrations in abusive conditions and equality of opportunity and treatment. Each ILO Member State that ratifies it may, by a declaration appended to its ratification, exclude either one or the other part from its acceptance of the Convention. Part I, dealing with migrations in abusive conditions, sets the general obligation to respect the basic human rights of all migrant workers. It requires of States for which it is in force to seek to determine whether there are illegally employed migrant workers on its territory and whether there depart from, pass through, or arrive in its territory any movements of migrants for employment in which the migrants are subjected to conditions contravening international agreements or national legislation. All necessary measures shall be taken at the national and the international level (a) to suppress clandestine movements of migrants for employment and illegal employment of migrants, and (b) against the organizers of illicit or clandestine movements of migrants for employment and against those who employ workers who have immigrated in illegal conditions. One of the purposes of such measures shall be that traffickers in human resources can be prosecuted whatever the country from which they exercise their activities. Systematic contact and exchange of information on the subject shall be established with other States, and provision shall be made for the definition and application of administrative, civil and penal sanctions. Certain protective measures are provided for in respect of migrant workers having lost their employment or in respect of those who are in an irregular situation. Part II of the Convention, which is inspired by the provisions of the ILO's Discrimination (Employment and Occupation) Convention, 1958 (No. 111), requires that States for which the Convention is in force shall declare and pursue a policy designed to promote and to guarantee equality of treatment in respect of ILO Convention No. 143 (1975) concerns equality of opportunity and treatment, and the elimination of abuses. This Convention is in two parts, dealing respectively with migrations in abusive conditions and equality of opportunity and treatment. Each ILO Member State that ratifies it may, by a declaration appended to its ratification, exclude either one or the other part from its acceptance of the Convention. Part I, dealing with migrations in abusive conditions, sets the general obligation to respect the basic human rights of all migrant workers. It requires of States for which it is in force to seek to determine whether there are illegally employed migrant workers on its territory and whether there depart from, pass through, or arrive in its territory any movements of migrants for employment in which the migrants are subjected to conditions contravening international agreements or national legislation. All necessary measures shall be taken at the national and the international level (a) to suppress clandestine movements of migrants for employment and illegal employment of migrants, and (b) against the organizers of illicit or clandestine movements of migrants for employment and against those who employ workers who have immigrated in illegal conditions. One of the purposes of such measures shall be that traffickers in human resources can be prosecuted whatever the country from which they exercise their activities. Systematic contact and exchange of information on the subject shall be established with other States, and provision shall be made for the definition and application of administrative, civil and penal sanctions. Certain protective measures are provided for in respect of migrant workers having lost their employment or in respect of those who are in an irregular situation. Part II of the Convention, which is inspired by the provisions of the ILO's discrimination (Employment and Occupation) Convention, 1958 (No. 111), requires that tates for which the Convention is in force shall declare and pursue a policy designed to promote and to guarantee equality of treatment in respect of employment and occupation, social security, trade union and cultural rights, and individual and collective freedoms. While reserving for the States concerned the latitude to employ methods appropriate to national conditions and practice, the Convention defines a series of measures to be taken to this effect. It does, however, authorize certain limitations regarding equality of access to employment (free choice of employment only after a period of lawful residence not exceeding two years, recognition of certificates and diplomas, restricted access to Employmen or functions where this is necessary in the interests of the State). See: Discrimination (employment and occupation); Equal treatment; Migration for employment

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