((Adopted and opened for signature, ratification and accession by General Assembly resolution 45/158 of 18 December 1990), 18/12/1990)
ENTRY INTO FORCE : 02-Jul-07
Depositary: Secretary-General of the United Nations
Parties | Date of Signature | Date of ratification / Other | Entry Into Force | Domestication Legislation (where available) |
---|---|---|---|---|
Algeria |   | 21 Apr 2005 a |   |   |
Argentina | 10 Aug 2004 |   |   |   |
Azerbaijan |   | 11 Jan 1999 a |   |   |
Bangladesh | 7 Oct 1998 |   |   |   |
Belize |   | 14 Nov 2001 a |   |   |
Benin | 15-Sep-05 |   |   |   |
Bolivia |   | 16 Oct 2000 a |   |   |
Bosnia and Herzegovina |   | 13 Dec 1996 a |   |   |
Burkina Faso | 16 Nov 2001 | 26 Nov 2003 Rt |   |   |
Cambodia | 27 Sep 2004 |   |   |   |
Cape Verde |   | 16 Sep 1997 a |   |   |
Chile | 24 Sep 1993 | 21-Mar-05 Rt |   |   |
Colombia [#] |   | 24 May 1995 a |   |   |
Comoros | 22 Sep 2000 |   |   |   |
Ecuador |   | 5 Feb 2002 a |   |   |
Egypt [#] |   | 19 Feb 1993 a |   |   |
El Salvador [#] | 13 Sep 2002 | 14 Mar 2003 Rt |   |   |
Gabon | 15-Dec-04 |   |   |   |
Ghana | 7 Sep 2000 | 7 Sep 2000 Rt |   |   |
Guatemala | 7 Sep 2000 | 14 Mar 2003 Rt |   |   |
Guinea |   | 7 Sep 2000 a |   |   |
Guinea-Bissau | 12 Sep 2000 |   |   |   |
Guyana | 15-Sep-05 |   |   |   |
Honduras |   | 9 August 2005 a |   |   |
Indonesia | 22 Sep 2004 |   |   |   |
Kyrgyzstan |   | 29 Sep 2003 a |   |   |
Lesotho | 24 Sep 2004 | 16-Sep-05 Rt |   |   |
Liberia | 22 Sep 2004 |   |   |   |
Libyan Arab Jamahiriya |   | 18 Jun 2004 a |   |   |
Mali |   | 5 Jun 2003 a |   |   |
Mexico [#] | 22 May 1991 | 8 Mar 1999 Rt |   |   |
Morocco [#] | 15 Aug 1991 | 21 Jun 1993 Rt |   |   |
Nicaragua |   | 26-Oct-05 Rt |   |   |
Paraguay | 13 Sep 2000 |   |   |   |
Peru | 22 Sep 2004 | 14-Sep-05 Rt |   |   |
Philippines | 15 Nov 1993 | 5 Jul 1995 Rt |   |   |
Sao Tome and Principe | 6 Sep 2000 |   |   |   |
Senegal |   | 9 Jun 1999 a |   |   |
Serbia and Montenegro | 11 Nov 2004 |   |   |   |
Seychelles |   | 15 Dec 1994 a |   |   |
Sierra Leone | 15 Sep 2000 |   |   |   |
Sri Lanka [#] |   | 11 Mar 1996 a |   |   |
Syrian Arab Republic |   | 2 June 2005 a |   |   |
Tajikistan | 7 Sep 2000 | 8 Jan 2002 Rt |   |   |
Timor-Leste |   | 30 Jan 2004 a |   |   |
Togo | 15 Nov 2001 |   |   |   |
Turkey [#] | 13 Jan 1999 | 27 Sep 2004 Rt |   |   |
Uganda [#] |   | 14 Nov 1995 a |   |   |
Uruguay |   | 15 Feb 2001 a |   |   |
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Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval, accession or succession.)
Reservation
Articles 15, 46 and 47 of the [said Convention], which was adopted by means of Act No. 146 of 1994, shall be executed with the understanding that the State of Colombia retains the right to promulgate taxation, exchange and monetary regulations establishing equality of treatment of migrant workers and their families with that of nationals in respect of the import and export of personal and household effects and the transfer of earnings and savings abroad, and in respect of expropriation for reasons of equity and the nullification of ownership of property in the cases envisaged in article 34 of the Political Constitution
Reservation concerning article 4
For the purposes of the present Convention the term `members of the family' refers to persons married to migrant workers or having with them a relationship that, according to applicable law, produces effects equivalent to marriage, as well as their dependent children and other dependent persons who are recognized as members of the family by applicable legislation or applicable bilateral or multilateral agreements between the States concerned
Reservation concerning article 18, paragraph 6
When a migrant worker or a member of his or her family has, by a final decision, been convicted of a criminal offence and when subsequently his or her conviction has been reversed or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partially attributable to that person
Declarations
The Government of the Republic of El Salvador does not consider itself bound by article 92, paragraph 1, of the Convention. With respect to articles 46, 47, 48 and 61, paragraph 4, governing exemption from import and export duties and taxes in respect of personal and household effects and the right to transfer earnings and savings, the Government of El Salvador wishes to make it clear that the exemption shall apply only after any taxes that the articles in question might incur have been paid. Moreover, the right of workers to transfer their earnings to their State of origin or State of habitual residence may be exercised without restriction, provided that the tax obligations arising in each particular case have been fulfilled. With regard to article 32, transfer of earnings and savings shall include amounts accumulated under retirement social security schemes, whether public or private. The Government of the Republic of El Salvador wishes to reiterate its respect for all universal and regional human rights principles and norms enshrined in international human rights instruments
Interpretative declaration
Upon ratifying the [Convention], the Government of the United Mexican States reaffirms its political will to ensure international protection of the rights of all migrant workers, in accordance with this international instrument. all the provisions of this Convention will be applied in conformity with its national legislation
Reservation
The Government of the United Mexican States makes an express reservation with regard to article 22, paragraph 4, of this Convention, insofar as it refers to the application of article 33 of the Political Constitution of the United Mexican States and article 125 of the General Population Act
Reservation
The Government of the Kingdom of Morocco does not consider itself bound by article 92, paragraph 1 of this Convention which provides that any dispute between two or more States Parties concerning the interpretation or application of the present Convention shall, at the request of one of them, be submitted to arbitration
The Government of the Kingdom of Morocco considers that any such dispute may be submitted to arbitration only with the agreement of all the parties to the conflict
Declarations
Article 8 (2)
The right of non-Sri Lankans to enter and remain in Sri Lanka shall be subject to existing visa regulations
Article 29
According to the citizenship Act No. 18 of 1948, citizenship rights flow from the father and in the event a child is born out of wedlock, from the mother. A child will be deemed to be a citizen of Sri Lanka if he and his father were born in Sri Lanka before 1.11.49 or if at the time of his birth the father was a Sri Lankan
Article 49
Resident visas to expatriate workers are allowed in respect of identified professions where there is a dearth of qualified personnel. Existing visa regulations do not permit migrant workers either to change their professions or the institutions in which they have been authorised to work, which is the basis on which the visa is issued
Article 54
Protection against dismissal, quantum of remuneration, period of employment, etc., are governed by the terms of individual contracts entered into between the worker and the organisation which employs him. A visa issued to an expatriate worker under the visa regulations is limited to a pre-identified job assignment.
Declarations
A) The declaration regarding Article 15
The restrictions by the related Turkish laws regarding acquisition of immovable property by the foreigners are preserved
B) The reservation regarding Article 40
The Turkish Law on Trade Unions allows only the Turkish citizens to form trade unions in Turkey.
C) The declaration regarding Article 45
The stipulations of the paragraphs 2, 3 and 4 of the Article 45 will be implemented in accordance with the provisions of the Turkish Constitution and the related Laws
D) The declaration regarding Article 46
The implementation of the Article 46 will be made in accordance with the national laws
E) The declaration regarding Articles 76 and 77
Turkey will recognize the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families at a later time.
Reservation
Article 18
The Republic of Uganda cannot guarantee at all times to provide free legal assistance in accordance with the provisions of article 18 paragraph 3(d).
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