International Convention on the Protection of the Rights of All Migrant Workers (1990)

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was adopted by the UN General Assembly on 18 December 1990, now International Migrants Day, and entered into force in 2003.

Scope

The Convention protects migrant workers, defined as persons who are engaged, or have been engaged, in remunerated activity in a state of which they are not nationals, together with their families, throughout the entire migration process: preparation, departure, transit, stay and return.

Rights of All Migrant Workers

Part III guarantees rights to all migrant workers regardless of their immigration status, including the rights to life, freedom from torture and forced labour, freedom of thought and religion, protection against arbitrary confiscation of identity documents and passports (Article 21), protection against collective expulsion (Article 22), access to consular assistance, treatment no less favourable than nationals in remuneration and conditions of work (Article 25), the right to join trade unions, emergency medical care, and education for their children.

Additional Rights of Documented Migrants

Part IV grants further rights to migrants in a regular situation, such as information about conditions of admission, freedom of movement within the state of employment, equality of treatment in access to education, vocational training, housing and social services, and the right to transfer earnings and savings home.

Obligations of States of Origin

The Convention also requires cooperation between states of origin and employment, including regulating recruitment agencies and facilitating orderly return.

In Indonesia

As one of the largest countries of origin of migrant workers in Asia, Indonesia ratified the Convention by Law No. 6 of 2012. It informs Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers, which restricts the role of placement companies, prohibits charging placement costs to certain categories of workers and gives the state primary responsibility for protection, before, during and after work abroad.