<%-- Page Title--%> For your information <%-- End Page Title--%>

December 19, 2004

Rights of the Migrants

Sultana Razia

Crossing borders voluntarily or for some reason is a common phenomenon nowadays and sometimes they forced to migrate for their survival. These people often suffered if they are not getting legal protection. Violation of their fundamental human rights increase social disintegration and declining respect for the rule of law. To uphold their rights, the United Nations created the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It was approved on 18 December 1990 by the UN General Assembly and the most comprehensive international tool promoting the human rights of migrants. The strength of the Convention lies in enabling all those persons, who qualify as migrant workers under its provisions, to enjoy their human rights regardless of their legal status and it protects both documented and undocumented workers.

Nevertheless, States undertake to ensure that migrants whose rights have been violated may seek judicial remedy.
From On 1 July 2003, it came into force as the seventh basic human rights instrument of the United Nations. In brief the convention covers the following rights:
*Right to freedom of movement to and from their countries of origin;
*Right to life, privacy and property;
*Right to freedom from torture or cruel, inhuman or degrading treatment or punishment;
*Right to freedom from slavery, servitude or forced compulsory labour;
*Right to freedom of thought, expression, conscience and religion;
*Right to a fair and public hearing with all the guarantees of a due process ;
*Right to be provided with necessary legal assistance, interpreters and information in an understood language ;
*Right to have recourse to diplomatic or consular assistance and protection;

Employment:
*Right to enjoy the same treatment as nationals regarding social security benefits in so far as they fulfil the legislation requirements;
*Right to emergency medical care ;

Family and Children of Migrant Workers:
*Right to a name, registration of birth and nationality;
*Right of access to education;

Cultural and Economic Rights:
*Right to preserve a cultural identity ;
*Right to transfer earnings and savings upon the termination of their stay in the State of employment ;

Information:
*Right to information by the State of origin, State of employment, or the State of transit of their rights arising from the present Convention, the conditions of their admission, and their rights and obligations in those States;
Other rights of migrant workers and members of their families who are documented or in a regular situation:
Migrant workers and members of their families who are documented or in a regular situation shall enjoy the rights set forth below in addition to those already mentioned. In such a way, the Convention seeks to discourage illegal migration.

Political Rights:
*Right to participate in the public affairs of the State of origin, in accordance with its legislation;

Information:
*Right to information, including all conditions concerning their stay and their remunerated activities;

The campaign to ratification of the convention is going on and this will be achieved only by building awareness about the Convention with government officials, diplomats, politicians, NGOs and the public-at-large, nationally and internationally and mass awareness is a must for that.

The author is a Law Desk Assistant of The Daily Star.