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The convention in question: International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

The reason I am asking is because of PART IV. Please at least mention PART IV in your answer.

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  • It applies to undocumented workers if they are also migrant workers, which is not all undocumented workers.
    – Razie Mah
    Mar 19, 2014 at 7:15
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    Please quote the text in question, a URL is not enough.
    – agc
    Mar 25, 2021 at 17:22
  • I would suggest editing out most of part 4 or the treaty, because it just clogs up the page, making it more likely to be voted to close or downvoted, and most of part 4 is irrelevant, only the sentence “ OTHER RIGHTS OF MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES WHO ARE DOCUMENTED OR IN A REGULAR SITUATION” and maybe 1-3 articles for reference need to be included in the post, the rest of the articles is just fluff. Mar 26, 2021 at 19:55
  • Ok, so it was reverted back to URL anyway... what I originally had.
    – adamaero
    Jul 2, 2021 at 15:24

1 Answer 1

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Article one of the link you provided states:

The present Convention is applicable, except as otherwise provided hereafter, to all migrant workers and members of their families without distinction of any kind such as sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status.

Key word nationality, meaning that unless otherwise stated in the article, this applies to all migrants, because whether they are an illegal immigrant or not depends on whether they are a citizen of the country they are in or not, which is, in other words, their nationality. Of course, this could probably be argued that being an illegal immigrant is a different thing than your nationality in court. Also, article 5 clarifies this better than I did, as pointed out by phoogs comment, article 5 is:

For the purposes of the present Convention, migrant workers and members of their families:
(a) Are considered as documented or in a regular situation if they are authorized to enter, to stay and to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which that State is a party;
(b) Are considered as non-documented or in an irregular situation if they do not comply with the conditions provided for in subparagraph (a) of the present article.

This means, that unless otherwise stated (like in part 4 when they say “MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES WHO ARE DOCUMENTED OR IN A REGULAR SITUATION”) this applies to all migrants. This means part 3 would include all migrant workers.

Important Note: This treaty is only binding to countries that have signed it, here is a list from Wikipedia (note this might be outdated or false):

As of December 2019, the following 55 states have ratified the Convention: Albania, Argentina, Algeria, Azerbaijan, Bangladesh, Belize, Bolivia, Benin, Bosnia and Herzegovina, Burkina Faso, Cape Verde, Chile, Colombia, Congo-Brazzaville, East Timor, Ecuador, Egypt, El Salvador, Fiji, Gambia, Ghana, Guatemala, Guyana, Guinea, Guinea-Bissau, Honduras, Indonesia, Jamaica, Kyrgyzstan, Lesotho, Libya, Madagascar, Mali, Mauritania, Mexico, Morocco, Mozambique, Nicaragua, Niger, Nigeria, Paraguay, Peru, Philippines, Rwanda, São Tomé and Príncipe, Senegal, Seychelles, Sri Lanka, Saint Vincent and the Grenadines, Syria, Tajikistan, Turkey, Uganda, Uruguay, and Venezuela.

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    The argument about the definition of nationality is tenuous at best, as this answer even concedes. Fortunately, it is not necessary. The better argument is that the convention explicitly defines two categories of migrants with respect to their documentation status or the regularity of their situation (Art. 5) and applies itself to both categories. Also, this is a treaty, not a GA resolution, so it's not surprising that you didn't find information about it as a GA resolution. It is binding on those states that have ratified it.
    – phoog
    Mar 26, 2021 at 4:58
  • @phoog thank you, I’ll edit that into my answer. Mar 26, 2021 at 12:54

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