PART VI :
PROMOTION OF SOUND, EQUITABLE, HUMANE AND LAWFUL CONDITIONS
CONNECTION WITH INTERNATIONAL MIGRATION OF WORKERS AND MEMBERS
OF THEIR FAMILIES
Article
64
1. Without
prejudice to article 79 of the present Convention, the States Parties
concerned shall as appropriate consult and co-operate with a view to
promoting sound, equitable and humane conditions in connection with
international migration of workers and members of their families.
2. In
this respect, due regard shall be paid not only to labour needs and
resources, but also to the social, economic, cultural and other needs of
migrant workers and members of their families involved, as well as to
the consequences of such migration for the communities concerned.
Article
65
1. States
Parties shall maintain appropriate services to deal with questions
concerning international migration of workers and members of their
families. Their functions shall include, inter alia:
(a) The
formulation and implementation of policies regarding such
migration; (b) An exchange of information. consultation and
co-operation with the competent authorities of other States Parties
involved in such migration; (c) The
provision of appropriate information, particularly to employers,
workers and their organizations on policies, laws and regulations
relating to migration and employment, on agreements concluded with
other States concerning migration and on other relevant
matters; (d) The provision of information and appropriate assistance
to migrant workers and members of their families regarding requisite
authorizations and formalities and arrangements for departure, travel,
arrival, stay, remunerated activities, exit and return, as well as on
conditions of work and life in the State of employment and on customs,
currency, tax and other relevant laws and regulations.
2. States
Parties shall facilitate as appropriate the provision of adequate
consular and other services that are necessary to meet the social,
cultural and other needs of migrant workers and members of their
families.
Article
66
1.
Subject to paragraph 2 of the present article, the right to undertake
operations with a view to the recruitment of workers for employment in
another State shall be restricted to:
(a)
Public services or bodies of the State in which such operations take
place; (b) Public services or bodies of the State of employment on
the basis of agreement between the States concerned; (c) A body
established by virtue of a bilateral or multilateral agreement. 2.
Subject to any authorization, approval and supervision by the public
authorities of the States Parties concerned as may be established
pursuant to the legislation and practice of those States, agencies,
prospective employers or persons acting on their behalf may also be
permitted to undertake the said operations.
Article
67
1. States
Parties concerned shall co-operate as appropriate in the adoption of
measures regarding the orderly return of migrant workers and members of
their families to the State of origin when they decide to return or
their authorization of residence or employment expires or when they are
in the State of employment in an irregular situation.
2.
Concerning migrant workers and members of their families in a regular
situation, States Parties concerned shall co-operate as appropriate, on
terms agreed upon by those States, with a view to promoting adequate
economic conditions for their resettlement and to facilitating their
durable social and cultural reintegration in the State of origin.
Article
68
1. States
Parties, including States of transit, shall collaborate with a view to
preventing and eliminating illegal or clandestine movements and
employment of migrant workers in an irregular situation. The measures to
be taken to this end within the jurisdiction of each State concerned
shall include:
(a)
Appropriate measures against the dissemination of misleading
information relating to emigration and immigration; (b) Measures
to detect and eradicate illegal or clandestine movements of migrant
workers and members of their families and to impose effective
sanctions on persons, groups or entities which organize, operate or
assist in organizing or operating such movements; (c) Measures
to impose effective sanctions on persons, groups or entities which use
violence, threats or intimidation against migrant workers or members
of their families in an irregular situation.
2. States
of employment shall take all adequate and effective measures to
eliminate employment in their territory of migrant workers in an
irregular situation, including, whenever appropriate, sanctions on
employers of such workers. The rights of migrant workers vis-a-vis their
employer arising from employment shall not be impaired by these
measures.
Article
69
1. States
Parties shall, when there are migrant workers and members of their
families within their territory in an irregular situation, take
appropriate measures to ensure that such a situation does not
persist.
2.
Whenever States Parties concerned consider the possibility of
regularizing the situation of such persons in accordance with applicable
national legislation and bilateral or multilateral agreements,
appropriate account shall be taken of the circumstances of their entry,
the duration of their stay in the States of employment and other
relevant considerations, in particular those relating to their family
situation.
Article
70
States
Parties shall take measures not less favourable than those applied to
nationals to ensure that working and living conditions of migrant
workers and members of their families in a regular situation are in
keeping with the standards of fitness, safety, health and principles of
human dignity.
Article
71
1. States
Parties shall facilitate, whenever necessary, the repatriation to the
State of origin of the bodies of deceased migrant workers or members of
their families.
2. As
regards compensation matters relating to the death of a migrant worker
or a member of his or her family, States Parties shall, as appropriate,
provide assistance to the persons concerned with a view to the prompt
settlement of such matters. Settlement of these matters shall be carried
out on the basis of applicable national law in accordance with the
provisions of the present Convention and any relevant bilateral or
multilateral
agreements.
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