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