Migrant Workers (Supplementary Provisions) Convention

The Migrant Workers (Supplementary Provisions) Convention refers to various international and regional agreements, protocols, and legal frameworks supplementing the primary international legal instrument protecting migrant workers: the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW).

The need for supplementary provisions arises because the ICRMW, adopted by the United Nations General Assembly in 1990, has faced challenges in ratification and implementation. As of late 2023, it has not been ratified by many major destination countries for migrant workers. Therefore, supplementary provisions and agreements play a vital role in filling protection gaps and addressing specific concerns related to migrant worker rights.

These supplementary provisions can take various forms:

• Bilateral Agreements: Agreements between sending and receiving countries addressing recruitment practices, working conditions, social security portability, and repatriation procedures. These agreements are often tailored to the specific needs and context of the countries involved.

• Regional Conventions and Protocols: Regional organizations such as the African Union, the European Union, and the Association of Southeast Asian Nations (ASEAN) have developed regional frameworks that offer additional protections or address specific issues relevant to migration within their respective regions. These frameworks may include provisions on combating trafficking in persons, promoting fair recruitment, and ensuring access to justice for migrant workers.

• Memoranda of Understanding (MOUs): Non-binding agreements between governments outlining areas of cooperation on migration management and migrant worker protection. While not legally binding, MOUs can serve as a basis for future legally binding agreements and facilitate practical cooperation on issues such as information sharing and joint training programs.

• National Legislation: Laws and regulations enacted by individual countries to implement the ICRMW or other international standards related to migrant worker rights. These laws may cover issues such as minimum wage, working hours, occupational safety and health, and access to healthcare and social services.

The purpose of these supplementary provisions is to strengthen the protection of migrant workers, address specific challenges related to migration flows, and promote cooperation between sending and receiving countries. They aim to ensure that migrant workers are treated with dignity and respect, and that their rights are protected throughout the migration process, from recruitment to return. The specific content and effectiveness of these provisions vary depending on the context and the commitment of the countries involved.