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subparagraph (a), on its purpose and functions. The term is understood as covering all cases of
persons whose decision to migrate is taken freely, for reasons of personal convenience, and
without intervention of an “external compelling factor”.4 As far as the perceived reasons for
migrating are concerned, the voluntary nature or otherwise of the move is a point that will need
to be borne in mind and given priority in later discussions aimed at reaching a definition of the
term “migrant” that is closer to the reality of this complex phenomenon.
39.
The term “migrant worker” is defined in article 2 of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families as:
“… a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a
State of which he or she is not a national”.
40.
This definition includes undocumented workers who enjoy certain rights recognized in
part III (“Human rights of all migrant workers and members of their families”) of the
Convention. Article 2, paragraph 2, contains definitions of several specific categories of migrant
workers, such as frontier workers, seasonal workers, seafarers, workers on offshore installations,
itinerant workers, project-tied workers and self-employed workers. The definition in article 2
refers exclusively to migrant workers who are outside their own country. The Special
Rapporteur expresses her concern at the shortcomings of a legal framework that disregards
desperately poor migrants whose rights need to be protected by categorizing them as “economic
migrants”. In many of these cases, the departure has been prompted by violence and the
conditions that lead to migration are similar to those that give rise to forced displacement or
asylum-seeking.5
41.
Other categories of persons that ought to be mentioned are former refugees, persons who
were once externally displaced, and demobilized soldiers. Several of these new kinds of migrant
can be found in Central America. For example, once the peace agreements had been signed,
those persons who had been resettled and reintegrated became classified as migrants in an
irregular situation, and their problems were not resolved in a dignified way. Another important
category is that of women who have been subjected to trafficking or forced into prostitution, and
who have no status in the countries of destination, despite efforts to eradicate that practice. 6
42.
The Special Rapporteur believes it is important to distinguish between “migrant workers”
and “refugees and stateless persons”, as the International Convention applies to the former but
not the latter. On this point, the Convention differs from the four ILO conventions on migration,
which apply to refugees and displaced persons as long as they are workers employed outside
their home country.7 Similarly, the Constitution of the Intergovernmental Committee for
European Migration (subsequently the International Organization for Migration (IOM))
stipulates that the Organization will deal with refugees, displaced persons and others forced to
leave their home country who require international migration services.
43.
The Special Rapporteur therefore believes that a provisional definition of a migrant that
takes into account his or her human rights and the concepts already defined should be adopted in
the near future, but the possibility must be left open of further refining the definition
subsequently.