CMW/C/GC/2 irrespective of their nationality and migration status. The 1998 ILO Declaration on fundamental principles and rights at work and its follow-up requires all ILO member States to promote and realize the principles concerning the fundamental rights enshrined in these Conventions. A number of other ILO standards of general application and those containing specific provisions on migrant workers in the areas of employment, labour inspection, social security, protection of wages, occupational safety and health, as well as in such sectors as agriculture, construction, hotels and restaurants, and domestic work, are of particular importance to migrant workers in an irregular situation. 9 Lastly, in formulating national laws and policies concerning labour migration and the protection of migrant workers in an irregular situation, States are also guided by ILO Convention No. 97 (1949) concerning Migration for Employment (Revised), 10 Convention No. 143 (1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions), and the accompanying Recommendations Nos. 86 and 151. III. Protection of the Convention in relation to the rights of migrant workers and members of their families in an irregular situation A. Basic principles 1. Power to regulate entry and stay 13. The Convention strikes a balance between the sovereign power of States parties to control their borders and to regulate the entry and stay of migrants workers and members of their families, on the one hand, and the protection of the rights, under Part III of the Convention, of all migrant workers and members of their families, including those in an irregular situation, on the other. This balance is reflected in article 79 of the Convention. 2. Duty to comply with the laws and regulations 14. Article 34 of the Convention states that nothing in Part III of the Convention shall have the effect of relieving migrant workers and members of their families from either the obligation to comply with the laws and regulations of any State of transit and the State of employment or the obligation to respect the cultural identity of the inhabitants of those States. The obligation to comply with the laws and regulations of the State of employment or any State of transit comprises a duty to refrain from any hostile act directed against national security, public order (ordre public) or the rights and freedom of others. 3. Regularization 15. Article 35 of the Convention clarifies that the fact that Part III protects the rights of all migrant workers and members of their families, irrespective of their migration status, cannot be interpreted as implying the regularization of the situation of migrant workers or members of their families in an irregular situation or any right to such regularization. While States parties have no obligation to regularize the situation of migrant workers or members of their families, they shall take appropriate measures, whenever migrant workers or 9 10 6 For example, ILO Conventions Nos. 19, 81, 95, 110, 121, 129, 131, 155, 167, 172, 181, 184, 189, 200 and 201. While Convention No. 97 in principle only applies to migrant workers lawfully within the territory of a State, it contains certain provisions requiring States parties to take measures that have the effect of preventing migrant workers from falling into an irregular situation.