A/HRC/14/30/Add.2 30. Romania has ratified six of the core international human rights instruments adopted within the framework of the United Nations, which it joined in 1955. Nevertheless, Romania has not ratified the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families, although it has repeatedly been encouraged to do so, for example, by the Committee on the Elimination of Discrimination against Women.15 In the context of the universal periodic review (), Romania did not accept the recommendation regarding the ratification of the Convention, but highlighted that it would consider its ratification on the basis of an evaluation of all relevant factors proving the added value of such a decision.16 This position was reiterated to the Special Rapporteur. 31. While recalling that all European Union member States are yet to ratify the Convention, Romanian authorities also stated that by default of a coordinated action at the European Union level, Romania cannot act alone as a vanguard of the migrant workers’ rights, as it risks to infringe its obligation of cooperation assumed towards the European Union. 32. The Special Rapporteur regrets that the voluntary pledges and commitments to developing and strengthening the role of the United Nations in the universal promotion of human rights made by Romania contrast with its position regarding the ratification of the Migrant Workers Convention.17 The Special Rapporteur will address below a number of misconceptions related to the Convention and its ratification. B. The regional legal and institutional framework 33. Romania has full membership in the Council of Europe (1993), the North Atlantic Treaty Organization (2004) and the European Union (2007). At the regional level, Romania is a party to the Council of Europe Convention on Action against Trafficking in Human Beings, which it ratified by Law No. 300/2006, and has cooperated in the fight against migrant smuggling and trafficking in persons, inter alia, by leading the support for the South-East and Black Sea Cooperation Processes.18 34. Romania became a party to the European Convention for the Protection of Human Rights in 1994 and accordingly allowed access to the European Court of Human Rights to all persons under its jurisdiction, including migrants, to defend the rights and freedoms recognized in the Convention. 35. Romania benefited from the European Union’s pre-accession assistance (PHARE) for legal harmonization in the field of migration. As a European Union member, Romania has to comply with European Union regulations, which, in the area of migration, include a set of regulations applicable to non-European Union nationals, referred as third-country nationals, inter alia, on integration policies for long-term residents (Council Directive 2003/109/EC); the right to family reunification for regular migrants (Council Directive 2003/86/EC); the general framework for equal treatment in employment and occupation (Council Directive 2000/78/EC); social security benefits (Council regulations Nos. 1408/71, 859/2003 and 574/72) and the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (Council Directive 2009/50/EC). 15 16 17 18 GE.10-12102 CEDAW/C/ROM/CO/6, para. 36. A/HRC/8/52, para. 961. See of the Romania’s voluntary pledges and commitments on human rights in accordance with General Assembly resolution 60/251 presented to the United Nations General Assembly on April 2006, paras. 1, 3, 4 and 11. Available from http://www.un.org/ga/60/elect/hrc/romania.pdf. See, inter alia, the South East Europe Transnational Cooperation Programme. 9