to the admissibility and the merits, as well as to any remedy that may have
been provided in the matter.
At any time after the receipt of a complaint and before a conclusion has
been reached on the merits, the Committee may consult relevant documentation from United Nations bodies, specialized agencies, funds, programmes
and mechanisms and other international organizations, including regional
intergovernmental organizations or bodies as well as State institutions, agencies or offices, that may assist in the examination of the case. However, the
Committee must afford the State and the complainant an opportunity to comment on such information within fixed time limits.
G. Procedure under the International Convention on the
Protection of the Rights of All Migrant Workers and
Members of Their Families
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, adopted on 18 December 1990,
imposes obligations on State parties to protect and guarantee a comprehensive range of rights on behalf of migrant workers and their families. The substantive obligations are set out in Parts II to VI of the Convention (arts. 7–71).
The Convention establishes its own individual complaint mechanism. State
parties may make a declaration under article 77, accepting the competence
of the Committee on the Protection of the Rights of All Migrant Workers and
Members of Their Families—a panel of 14 independent experts that meets
twice a year—to consider complaints from individuals or groups of individuals alleging violations of their rights under the Convention.24 The individual
complaint mechanism will enter into force when ten States parties to the
Convention have made a declaration under article 77 of the Convention.
As the Convention’s complaint mechanism has not yet entered into force, the
Committee has not yet developed rules of procedure and practice relating
to individual complaints.
Once the complaint mechanism has entered into force, individuals subject to
the jurisdiction of a State party that has made the declaration under article
77 (or persons acting on their behalf) may make complaints to the Committee, claiming that their individual rights set out in the Convention have been
violated by the State party.
A complaint will not be admissible if the same matter has been or is being examined under another procedure of international investigation or settlement.
For more information on the Committee on the Protection of the Rights of All Migrant Workers
and Members of Their Families, see OHCHR Fact Sheet No. 24 or the Committee’s web page:
http://www2.ohchr.org/english/bodies/cmw/index.htm (accessed 28 March 2013).
24
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