The UN International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, (1990), is the primary United Nations instrument on migrant workers. It should finally come into force in 2003 after receiving its 20th ratification from Guatemala in March 2003. It has also been confirmed that El Salvador deposited the 21st ratification of the Convention. A number of civil society organisations expressed huge disappointment that a period of 13 years has elapsed before the Convention will come into force. An International Steering Committee was set up to promote the Campaign for ratification of the Convention.

This Convention unlike International Labour Organisation Conventions on migration, guarantees fundamental rights to all migrant workers and their families including irregular migrants during the entire migration process. It defines in Article 2 (1) the "migrant worker" as "a person who is to be engaged, is engaged or has been engaged in a remuneration activity in a State of which he or she is not a national". It includes the protection of fundamental human rights of migrant workers such as the right to life, prohibition from torture or cruel, inhuman or degrading treatment or punishment, the right to liberty and security of person and, freedom of thought, conscience and religion. Migrant workers are guaranteed the right to equality with nationals of the State concerned before the Courts and Tribunals. The Convention also requires States to treat migrant workers not less favourably than nationals in respect of remuneration for employment and conditions of work and the terms of employment. Emergency medical care and basic education is guaranteed. Further protection is afforded to regular migrant workers and their families including: freedom of movement in the territory of the State; and the right to participate in public affairs and to vote.

It is primarily migrant-sending countries in Latin America, Africa and Europe that have ratified this Convention. As there are no signatures or ratification from any of the most affluent countries in the world this instrument is at present unlikely to provide the necessary protection and safeguards to migrant workers in those major migrant receiving countries. The unwillingness of receiving states to ratify the Convention illustrates the difficulty of securing the rights of migrant workers.

A further instrument of the United Nations which would provide protection to migrant workers is the International Covenant on Economic, Social and Cultural Rights, (1966.) Article 6 guarantees recognition of the right to work. However this would not provide migrant workers with the right to work in any country as it is commonly understood in international law that States have the right to control entry to their territory. However for those legally present in a State this provision would apply. Under Article 7 States must recognise the right of everyone to the enjoyment of just and favourable conditions of work, such as remuneration, safe and healthy working conditions and equal opportunities. Finally Article 8 requires States to undertake to ensure the right of all to form and join trade unions.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.