Minority rights focus in the United Nations 55
guaranteeing equality of treatment and the same working conditions for migrants and nationals.
Part III of the Convention enumerates rights for all migrant workers and members of their families,
including those in undocumented situations. Part IV enumerates additional rights for those who
are documented. The Convention applies to all migrant workers, not just those who may be
ethnically distinct from the population of the receiving country, but many migrant workers are
also members of minorities.
Article 1 states that the Convention applies, except as otherwise provided, to all migrant workers
and members of their families “without distinction of any kind such as sex, race, colour, language,
religion or conviction, political or other opinion, national, ethnic or social origin, nationality,
age, economic position, property, marital status, birth or other status”.
Article 12 states that migrant workers and members of their families have the right to freedom
of thought, conscience and religion, in terms similar to those in the International Covenant on
Civil and Political Rights. Paragraph 4 recognizes the liberty of parents, at least one of whom
is a migrant worker, and, when applicable, legal guardians, to ensure the religious and moral
education of their children in conformity with their own convictions.
Article 13 provides for freedom of expression, which includes “freedom to seek, receive and
impart information and ideas of all kinds, regardless of frontiers”. It also provides that expression
may be limited in order to prevent “any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence”.
International Convention for the Protection of All Persons from Enforced Disappearance
The International Convention for the Protection of All Persons from Enforced Disappearance was
adopted in December 2006 and entered into force in December 2010. Unlike many other human
rights conventions, it contains no reference to non-discrimination, since forced disappearance
is prohibited under all circumstances, even including war or other state of emergency. The
Committee on Enforced Disappearances receives and reviews periodic reports from States
and may bring to the urgent attention of the General Assembly any situation “which appears
to it to contain well-founded indications that enforced disappearance is being practised on a
widespread or systematic basis” in the territory of a State party (art. 34). Article 30 gives the
Committee the authority to respond to a request that a disappeared person be sought and found
and to recommend that the State concerned locate and protect the person, whether or not the
State has accepted the optional system for individual complaints provided under article 31.
Using the reporting system
All major international human rights treaties, including those discussed in this chapter, require
States parties to submit a report to the relevant treaty body every two to five years on how the State
is fulfilling its treaty obligations. The International Covenant on Civil and Political Rights does not
specify the frequency with which reports must be submitted to the Human Rights Committee, and
the Committee sets the date for submission of a State’s next report in its concluding observations.
It may request that the next report be submitted within three, four or five years. Each report
should contain detailed information on the efforts the State has made to realize the human rights
contained in the treaty, including areas in which progress has been made and those in which the
State has encountered obstacles or problems. The Manual on Human Rights Reporting58 states
that a submission which refers to article 27 of the International Covenant on Civil and Political
Rights, for example, should identify the minority groups that exist in the country, describe the
United Nations publication, Sales No. GV.E.97.0.16.
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