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International Convention for protection of the Rights of All Migrant Workers and Their Families

The definition of the Convention:
Since the beginning of the seventies had been a discussion between representatives of the UN on the rights of migrant workers and their problems, at the beginning of the eighties has set up a committee to draft an international convention on this matter, and the drafting of the Convention took a full ten years, announced in December 1990 and the Convention formally opened the door to UN member states to join it, In the 2003's began the implementation of the Convention and the 2004 Egypt officially joined the Convention. The number of member states of the Convention - so far - 37 countries.
The importance of the Convention:
Convention provides for the provision of guarantees and the rights of a broad and members must abide by the Convention of all migrants and family members, whether migrating with them, or joined them in the migration, or were born in the country of destination. And stay in the country of immigration, or the country of transit or entered without permission or without papers. The uniqueness of the Convention on the protection of migrant workers only, it is within the scope of immigrants for other reasons - for example education or the resort - from the Convention of the International Labor Organization, one of the commissions of the United Nations devoted to the guarantees and rights of workers at the international level.
In contrast to the national legislation and previous international conventions Convention recognizes the rights and guarantees for the illegal workers and the expansion of all the rights and guarantees due to migrant workers in the country of destination.
The concept of workers here, including all categories of wage earners, whether written work (staff) or artistic (all types of professionals) or manual (for all types of workers) in all functional levels.
Convention does not detract from any other benefits established in any national legislation or an international convention may take advantage of the benefits scheduled either together or either of them, according to the migrant worker. And the International Convention on binding - such as the procedure - of any state acceded to and ratified the acceptance, and may be invoked by the court as a national domestic law
The legal basis of the Convention:
The convention is based on to a large number of international conventions and charters and principles in which they were received for use in the expansion of the principles of protection of all migrant workers, and annexed to the Convention ... and remember that it adopted in the developed and the principles contained in the following documents:
1 - Universal Declaration of Human Rights
2 - International Covenants on Human Rights
3 - Convention on the Elimination of Discrimination against Women 4 - Convention on Discrimination in education
5 - CAT
6 - Convention on the conduct of citizens, the Executive
7 - Slavery Convention, slavery
8 - Recommendations and conventions on the rights of migrant workers and other conventions.
The principles of the Convention:
Located in nine chapters of the Convention and 91 articles contain the most important here, given the contents of human
1 - benefit from the provisions of the Convention of All Migrant Workers and their families without discrimination on grounds of gender, color, language, religion, nationality, creed or social status.
2 - Convention protecting migrant workers and their families at any stage of the migration stage of processing, whether for migration, during the departure, transit country of immigration during the country of immigration, both during the arrival, stay or leave. As well as during the return and any stage until the arrival.
3 - a migrant worker in the Convention's definition is a person engaged in, still employed or will for wages in a State other than their own.
4 - extend the definition to the Group's move to work every day - or week - to work in a neighboring country and then return to their after work. Is called a border.
5 - Convention includes employment (seasonal) migration.
6 - Fishermen vessels of foreign workers (called the navigator).
7 - Working in the offshore facility subject to a foreign country.
8 - (Large Group) and comparable to that of a (seasonal workers).
9 - the assignment of employees within a company or state to work in a foreign country.
10 - traveling to accomplish a specific task for the benefit of a company or country to a foreign country.
11 - any person acting on his own account - for a fee - in a foreign country. Outside the definition and protection of the Convention: Of diplomats working in international organizations or bodies, on the functions to calculate the nominal state. Investors, and individuals residing in a foreign country by
Definition of the family:
Couples and their children - or adopted children in accordance with the law or the bilateral agreement between the country and the country of the migrant group - as well as children who grow up on the relationship of informal
Illegal workers:
Convention, which protects the paper and then entered the State is the migrant and his family with him, as well as the non-permit holder to enter or allow him to enter the credentials.
Places to enjoy the protection:
1 - of his country (during the preparation and departure) 2 - the country is going through during his travels is called (the State of traffic)
3 - the country of destination for work and called the (State Action).
The rights of migrant workers under the Convention:
1 - The right to movement, to leave.
2 - Protection from torture and degrading treatment and compromising its integrity or personal dignity.
3 - No need to labor or work without a will, but within the limits of the legislation of the State without discrimination.
4 - can not be forced or servitude in any form.
5 - The right to freedom of belief and religion and the practice of worship and education in public, or members of a group within the legal regulation of the State without discrimination.
6 - The right of expression and access to information and transfer of all means within the organization of the State for the exercise of this right.
7 - Protection from interference in his private life and correspondence, family, or any aggression against the sanctity of privacy and reputation.
8 - not to prejudice his or her property without compensation for them.
9 - Protection of detention, illegal or arbitrary detention or the extent of liberty without legal justification.
10 - The language of the original charges against him and the reasons for his arrest.
11 - the speed of presentation to the judiciary, not to custody may be taken to ensure or guarantee - the enjoyment of a fair trial.
12 - Reporting on the request of their representatives as a matter of urgency. And deliver messages to them, contact them and receive messages from them.
13 - tell him of his legal rights and the right to contact their representatives.
14 - Provision of an interpreter at all stages of a case against him and his family attended the court.
15 - The right to compensation for unlawful arrest or arbitrary detention.
16 - far from the detention sentenced or on remand pending trial.
17 - The right to visit, guaranteed for the rest of the citizens.
18 - attention to the problems of his family during detention or imprisonment.
19 - does not bear the expense when questioned about the migration or running.
20 - Group and family equality with citizens of the State to all official bodies in the litigation and the enjoyment of the presumption of innocence.
21 - to provide legal assistance to those who can not listen to them and their witnesses if their statements and asked to use an interpreter.
22 - to protect them from the recognition of hate against themselves.
23 - right in the litigation and appeals in two sentences.
24 - because the compensation they were convicted by mistake did not cause it.
25 - take advantage of all the advantages of the accused in a trial.
26 - does not extend after the detention or trial of their right to live and work.
27 - may not be imprisoned, or one of his family members for failing to contractual obligation.
28 - can not be expelled or to cancel a residence permit or work permit for a mere breach of the obligation in the employment contract, but if this commitment is the reason for authorization or permit.
29 - may not be confiscated or the execution and delivery of documents without having it, may not in all cases the execution of his passport or the equivalent of his passport and his family the same right.
30 - No decision may be taken against the collective expulsion of migrant workers, and decide on a case by case basis and may not be expelled except by decision of the authorities of the State based on law. And report that in their own language at an appropriate time, allowing them to settle their dues before implementation.
31 - have the right to appeal before a court in the expulsion decision issued by the authorities and have the right to compensation for the expulsion was carried out if the rule struck down ..
32 - does not bear the costs of expulsion or expelled deprived of any material benefit to him because of his expulsion.
Economic rights guaranteed to migrant workers
Of the migrant worker the right:
- Fair pay wages equivalent to the national working in the same conditions. - Pay extra and weekly rest and paid leave paid, and protection of professional and equivalent number of hours of work and all the benefits for the workers in the law of the State without discrimination. Whether they are binding on the State or the employer.
- Freedom of entry and transfer of savings to any country.
Trade union activity
- To join a trade union or association organized in accordance with the law and participate in its activities.
- Cooperation with any trade union or request assistance. Social Security
- Make use of all social security benefits for the citizens.
- If the law does not allow invoking the advantage must be considered in the non-participation by holding them.
Medical care
- Have the right to receive medical care urgently needed to preserve their lives and equality with the citizens
- Shall not be denied due to breach of conditions of residence or employment. Children of migrant
- On, born to a migrant worker in the state they travel to the right to register his name and to acquire the nationality of both parents entered the country in regular and irregular.
- Has the right to basic education may not be equal due to the prevention of violation of the parents, the conditions for entry Whether they were born into the State or non-formal way with their parents.
Obligations under the Convention on migrant worker
- Violation of the Convention does not protect the laws of the State of employment or traffic, or lack of commitment by public order and ordered the administrative (non-arbitrary).
Special rights of regular workers
Convention establishes certain rights of the worker and are enjoyed by the informal group, including:
1 - permission to leave temporarily, and recidivism.
2 - The right to choose their place of work and the right of movement in the territory of the State and the choice of place of residence.
3 - notified when access to the most all conditions of employment, movement and residence and the conditions required by law and who resort to it.
4 - the formation of trade unions and associations.
5 - Participation in the activities of the State of origin - their state of origin - and their right to vote or stand in general elections in accordance with the legislation.
6 - To facilitate the exercise of this right.
7 - to consider ways to allow them to them in the presence of representatives of national institutions concerned with migrant workers.
8 participation in the management of the local community (Village - City - District) subject to the payment of their participation.
9 - Full medical care, educational services for the nationals.
10 - training services, vocational guidance and employment offices.
11 - The right to housing, even within the social housing, protection against excessive rent.
12 - Participation in cultural life.
13 - To facilitate the reunification of families, whether married or non-marriage relationship.
14 - To facilitate the observance and preservation of the language and culture of origin.
15 - Develop educational programs for language.
16 - Exemption - the limits of the law - from customs duties on personal effects and tools of whether to enter or leave.
17 - the transfer of savings and incomes.
18 - Non-payment of taxes or charges more than required from citizens, are not subject to double taxation.
19 - the law requires permission to be granted permission to establish the equivalent of the scheduled duration of the work permit and residence permit even if the work was completed before the end.
20 - If the condition is associated with residence in the work permit expired and the work - or leaving the notice must be given an alternative activity, at least on the time granted to them in case if unemployment benefits earned.
21 - may - on humanitarian grounds - in the event of the death of General State to ask his permission to stay.
22 - to prevent workers from some of the functions of the security considerations of the year.
23 - to determine the conditions required qualifications - that were not a qualification recognized the State of origin.
33 - working conditions, which benefit from the benefit of his family members also a matching, including:
- Protection against unfair dismissal.
- Jobless.
And all other rights:
Workers seasons and all the border-border workers for the migrant workers during the regular work and have priority in the entry and exit procedures. States Parties shall cooperate in the adoption of the Convention, if necessary, the procedures for the return of migrant workers both at the end of their work, or if they are in an irregular situation.
Measures to prevent irregular migration
Cooperation between the parties - including the State of transit - the
- Work is alleged not to publish misleading information about migration.
- Prevention of clandestine movements and illegal and the punishment of organizers or assisted in the management or organization
- To punish those who use violence against migrant workers in an irregular situation, or be bullied or threatened, whether they are individuals or groups.
- Take measures to stop the use of irregular, including the imposition of sanctions on those who used without prejudice to the consequences of their rights arising from their work to him.
- Work on the regularization of irregular in the State of employment, taking into account the conditions of entry and duration of their stay and their family.
- May not in any way to pressure the workers to force them to abandon or waive any right contained in the Convention, even if under contract to join.
- A State may not withdraw from the Convention prior to the passage of 5 years Cases of indiscriminate arrest and detention of migrants in Egypt on Under pressure from some European Union countries on the Egyptian government to prevent irregular migration by the Government has taken series of measures against abusive actions in regions with a high incidence of migration and the expected presence of organized groups to facilitate the immigration - in particular across the Mediterranean - irregular.
The Egyptian government has deployed additional military forces in border areas and troops ruthlessly dealt with attempts to sneak across the land border and fired without justification infiltrators isolation - and sometimes women - and some died after he was shot and several others seriously injured and those who are immune to the bullets of the police of arbitrary arrest under the law emergency which is still in effect for nearly 30 years across the country, although there are no circumstances that would justify the imposition of emergency in the country or at the border areas. detainee does not enjoy the guarantees and rights established in the ordinary laws are being detained without being accused of any crime, which constitutes a serious violation without justification for the freedoms and rights of individuals and the most serious is that the deportation of irregular migrants to their countries to, even though they are at risk when they return because of the deteriorating human rights situation.
As well as security authorities resorted to indiscriminate arrests of Egyptian fishermen and their relatives and bring them to criminal prosecution on charges of organizing illegal immigration without a license and must be given to the views of such recruitment In all these cases, the elimination of those discharged and arrested, rather than respect for the provisions of the judiciary, police detained under the emergency law after the verdict and acquitted the top of the real people that the organizers of irregular migration, even though they do not affect the men known to the border and local Hyphens, and there is the complicity of some officials migration with the bands and provide them with protection of innocent victims fall for them.
PCHR believes that the protection of the rights and freedoms of the more worthy of a first border protection, and freedom of individuals must not be tampered with for a mere suspicion, or to close the files of innocent people pay the price, the Center calls upon the cessation of indiscriminate arrest and detention immediately, and to release all those detained in particular was in favor of acquittal and the abolition of the provisions of resolutions detention, and calling for an end to a state of emergency and any citizen or subject is none of his relatives, to arbitrary arrest and detention of the Contact Center or any human rights organization to take the necessary measures to protect their rights to safety, freedom and a decent living.

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