Handout for Activity 5, Unit 4: Migration, Trade & Human Rights

What does ratification mean?

The ratification of the Convention by a state means that the legislative or law-making branch of its government has adopted the Convention and promised to incorporate it into its national laws. (UNESCO)

At least 20 ratifications were needed for the Convention to come into force. When Guatemala and El Salvador ratified the Convention on 14 March 2003, the minimum number was reached.

Which countries have ratified?

Thirty-seven states have ratified the Convention on Migrants' Rights, in the following years:

1993: Egypt, Morocco
1994: Seychelles
1995: Colombia, Philippines, Uganda
1996: Sri Lanka, Senegal, Bosnia & Herzegovina
1997: Cape Verde
1999: Azerbaijan, Mexico
2000: Ghana, Guinea, Bolivia
2001: Uruguay, Belize
2002: Tajikistan, Ecuador
2003: El Salvador, Guatemala, Mali (acceded), Burkina Faso, Kyrgyzstan
2004: Libyan Arab Jamahiriya, Turkey, Timor Leste
2005: Peru, Syria, Nicaragua, Lesotho, Honduras, Chile, Algeria
2007: Mauritania, Argentina, Albania

Source: http://www.december18.net/web/general/page.php?pageID=79&menuID=36&lang=EN#eleven

As of July 1st, 2003, when the Convention officially came into force, some 4.5 million migrants living in the countries listed above became protected by the Convention. However, they represent only 2.6% of the world total migrant population (based on 2003 figures of 175 million migrants).

What does signing the Convention mean?

Aside from ratifying countries, fifteen countries have signed the Convention. This means that their government has expressed the intention of adhering to the Convention. The countries are: Chile (1993), Bangladesh (1998), Turkey (1999), Comoros, Guinea-Bissau, Paraguay, Sao Tome and Principe, Sierra Leone (2000), Burkina Faso, Togo (2001), Serbia, Liberia, Indonesia, Gabon, Cambodia (2004) and Benin (2005).

So far, countries that have ratified the Convention are mainly migrant-sending countries (such as Mexico, Morocco, Philippines). For these countries, the Convention is an important way to protect their citizens living abroad. However, these countries are also transit and destination countries, and the Convention sets out their responsibility to protect the rights of migrants on their territory.

The number of ratifications remains low

The adoption of a Convention by the United Nations General Assembly does not make it binding for individual states. States must sign and ratify the Convention in order to be bound to it legally. Since most states have not signed or ratified the Convention, the impact of his Convention remains limited.

No Western migrant-receiving country has ratified the Convention, even though the majority (60%) of migrant workers live in Europe and North America. Other important receiving countries, such as India, Japan, Australia and most Gulf States, have not ratified the Convention either.

Source: UNESCO Information Kit on the UN Convention on Migrant Rights