A/HRC/14/30/Add.3 III. Normative and institutional framework A. The international and regional legal framework 13. The United Kingdom has ratified seven of the core international human rights instruments. The State has also ratified the Convention relating to the Status of Refugees and its Protocol; the ILO Convention concerning Migration for Employment No. 97; the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption (both of which contain provisions requiring or encouraging measures of protection for witnesses of offences sanctioned under those treaties); the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air (both of which supplement the Convention against Transnational Organized Crime). The United Kingdom is yet to ratify the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families (hereinafter “Migrant Workers Convention”)18 or the ILO Migrant Workers (Supplementary Provisions) Convention No. 143 (1975). 14. The United Kingdom has repeatedly been encouraged to ratify the Migrant Workers Convention, for example, by the Committee on Economic, Social and Cultural Rights,19 the Committee on the Rights of the Child20 and the Committee on the Elimination of Discrimination against Women.21 In the context of the universal periodic review, the State did not accept the recommendation regarding the ratification of the Migrant Workers Convention22 and stated it has no plans to sign it.23 This position was stressed during the Special Rapporteur’s visit when the United Kingdom Border Agency (UKBA) highlighted that the United Kingdom requires a stronger and rather restrictive approach to labour migration, particularly to irregular migration. 15. In this regard, the Special Rapporteur wishes to highlight that the ratification of the Convention does not limit the right of the State to determine the conditions for admitting migrant workers and their family members, as stated in article 79 of the Convention. In his view, ratification of the Convention is not incompatible with the Government’s policy goals since, even if the United Kingdom wishes to adopt a restrictive approach to irregular labour migration, the State is under the general obligation to treat migrants, regardless of their immigration status, in accordance with international human rights standards. He also draws attention to the pledges and commitments presented by the State to the General Assembly in its campaign for re-election as a member of the Human Rights Council, particularly to its fourth commitment on upholding the highest standards of human rights at home, including by “tackling inequality and discrimination, to ensure that every individual is able to fulfil their potential through the employment of equal opportunities, rights and responsibilities”.24 16. At the regional level, the State is a member of the Council of Europe and the European Union and became a party to the European Convention for the Protection of 18 19 20 21 22 23 24 6 Ratification of the Migrant Workers Convention has strongly been encouraged, inter alia, by the European Parliament (resolution of 24 February 2005 (P6_TA(2005)0051), para. 22) and the European Economic and Social Committee (Opinion of 30 June 2004 (SOC/173)). E/C.12/GBR/CO/5, para. 46. CRC/C/GBR/CO/4, para. 81. A/63/38, para. 300. A/HRC/8/25, recommendation No. 21. A/HRC/8/25/Add.1, para. 20. See A/62/730, para. 4 (ii). GE.10-12095

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