Protection of the rights of labor migrants. Journal "International Processes"

Migrant workers– persons who move from one state to another in search of work. An important place in regulating the legal status of migrant workers is occupied by agreements concluded under the auspices of International organization labor. One of the first international agreements is the ILO Migrant Workers Convention, 1949, which contains a definition of the concept migrant worker: is a person who migrates from one country to another with the intention of obtaining employment other than on his own account, and includes any person admitted by law as a migrant worker.

The ILO Convention on the Equal Rights of Nationals, Foreigners and Stateless Persons in the Field of Social Security of 1962 is aimed at providing, in the territory of each ILO member state, in relation to another ILO member state, for which the provisions of the Convention are also in force, the same rights as its citizens both in relation to the extension of legislation to them and in relation to the right to social benefits.

The ILO Convention on Migration Abuses and on Equality of Opportunity and Treatment for Migrant Workers, 1975, provides that each ILO member State undertakes to respect the fundamental rights of all migrant workers.

“Equality of opportunity and treatment” provides for the duty of States to formulate and implement national policies aimed at promoting and guaranteeing equality of opportunity and treatment in relation to work and occupation, social security, professional and cultural rights, individual and cultural freedoms for persons legally employed their territories as migrant workers.

Central to international agreements relating to migrant labor and members of their families is the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990. The Convention was designed to provide comprehensive legal protection for migrant workers by establishing rules of a universal nature.

However, to date this Convention has not entered into force. In accordance with paragraph 1 of Art. 1 of the Convention, its provisions apply to all migrant workers and members of their families, without distinction of any kind such as sex, race, colour, religion or belief, political or other opinion, national, ethnic or social origin, nationality, age, economic, property, family and class status or on any other basis.

Article 2 of the Convention defines "migrant worker" as a person who will be, is, or has been engaged in gainful employment in a state of which he is not a citizen. Except general concept migrant worker, the Convention contains a list of subcategories of this category of persons: border worker, seasonal worker, seafarer, project worker, targeted worker, hired worker.

Legal regulation in the field labor migration protection of the rights of migrant workers is carried out on a multilateral and bilateral basis.

In 1949, the ILO Migrant Workers Convention was adopted, on December 18, 1990, the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families, signed in New York. The Convention was designed to provide comprehensive legal protection for migrant workers and members of their families, establishing core standards in a Convention that could have a universal appeal. The Convention entered into force on July 1, 2003. When the Convention entered into force, the Committee for the Protection of the Rights of Migrant Workers and Members of Their Families was established, which consists of 10, and after entry into force for its 41 States Parties it will consist of 14 experts.

The provisions of the Convention do not apply to border workers, persons of liberal professions and artists who have entered for a short period, etc. to the sailors. A huge number of people move from one state to another in search of work. This category of persons in international law is defined by the concept of “migrant workers”.

Agreements concluded under the auspices of the International Labor Organization occupy an important place in regulating the legal status of migrant workers. Among the first international agreements relating to migrant workers, it is necessary to note the current ILO Migrant Workers Convention No. 97 of 1949. Article 11 of this Convention contains a definition of the concept of “migrant worker”. It means a person who migrates from one country to another with the intention of obtaining employment other than on his own account, and includes every person admitted by law as a migrant worker. The provisions of the Convention do not apply to border workers, professionals and artists who have entered for a short period, as well as seafarers.

The Convention provides for the obligation of ratifying ILO member states to provide, without discrimination on the grounds of nationality, race, religion or gender, to immigrants lawfully present in their territory, treatment no less favorable than that enjoyed by its citizens in relation to wages and other working conditions , union membership, housing conditions, social security, taxes and legal proceedings.

In 1962, ILO Convention No. 118 concerning the equal rights of nationals, foreigners and stateless persons in the field of social security was adopted. The provisions of the Convention are intended to provide, in the territory of each Member State of the ILO in respect of which the Convention is in force, the citizens of any other Member State of the ILO for which the provisions of the Convention are also in force, the same rights as their own nationals both with regard to the extension of legislation to them, and in relation to the right to social benefits.

ILO Convention No. 143 concerning Migration Abuses and the Promotion of Equality of Opportunity and Treatment for Migrant Workers, 1975, Art. 1 provides that each ILO member State for which the Convention is in force undertakes to respect the fundamental rights of all migrant workers.

However, the Convention does not contain a list of these fundamental rights. Section II of the Convention, “Equality of Opportunity and Treatment”, provides for the obligation of States Parties to the Convention to develop and implement national policies aimed at promoting and guaranteeing equality of opportunity and treatment in relation to work and occupation, social security, trade union and cultural rights, individual and cultural freedoms for individuals legally present in their territory as migrant workers, or members of their families.

In addition to the above documents, the ILO has developed a number of recommendations, among which it is necessary to note the ILO Recommendation No. 86 on Migrant Workers, 1949 and the ILO Recommendation No. 151 on Migrant Workers, 1975.

The first document contains an invitation to ILO member states to develop and exploit all employment opportunities and to promote, for this purpose, the international distribution of labor and in particular its movement from countries where it is abundant to countries where it is scarce. The annex to ILO Recommendation No. 86 contains a Model Agreement on temporary and permanent migration of workers, including the migration of refugees and displaced persons, which can be concluded between states on a bilateral and/or multilateral basis.

The second document addresses the following issues: equality of opportunity and treatment of migrant workers and members of their families and citizens of the state of employment; social policy of the state of employment, which, in particular, should be aimed at reuniting the families of migrant workers, health care, and free access of this category of persons to social services; employment and accommodation.

Among the regional agreements devoted to the problem of migrant workers, it is worth noting the current European Convention on the Legal Status of Migrant Workers of 1979, adopted within the framework of the activities of the Council of Europe. It contains a definition of the concept of “migrant worker” that differs from the definitions contained in previous international agreements. In accordance with Art. 1 of the Convention, "migrant worker" means a citizen of a State-a party to the Convention who is permitted by another state to reside in its territory to perform gainful employment. The Convention regulates issues of entry, movement of migrant workers, working and employment conditions, housing, taxation, etc.

Central to the international agreements relating to migrant workers and members of their families is the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, signed on December 18, 1990 in New York. The Convention was designed to provide comprehensive legal protection for migrant workers and members of their families, establishing core standards in a Convention that could have a universal appeal. The Convention entered into force on July 1, 2003 in accordance with paragraph 1 of Art. 87. As of March 5, 2004, 34 states are parties to the Convention. Russia is not a party to this international agreement. Among the CIS member states, Azerbaijan, Kyrgyzstan and Tajikistan participate in the Convention.

In accordance with paragraph 1 of Art. 1 of the Convention, its provisions apply to all migrant workers and members of their families, without distinction of any kind such as sex, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, nationality, age, economic, property, family and class status or on any other basis.

The Convention applies throughout the entire migration process of migrant workers and members of their families, which includes preparation for migration, departure, transit and the entire period of stay in the State of employment, as well as return to the State of origin or State of habitual residence.

Article 2 of the Convention defines “migrant worker” as a person who will be, is, or has been engaged in paid work in a state of which he is not a citizen. In addition to the general concept of “migrant worker,” the Convention contains a list of subcategories of this category of persons: cross-border worker, seasonal worker, seafarer, project worker, targeted worker, self-employed worker, etc.

The provisions of the Convention do not apply to the following categories of persons:

1) employees of international organizations;

2) persons hired by the state outside its territory to perform official functions ( legal status these categories of persons are regulated by general international law or specific international agreements);

3) persons sent or hired by or on behalf of the state outside its territory and participating in the implementation of various cooperation programs of the state that hired them (their status is determined by an agreement with the state of employment);

4) investors who do not reside in their country of origin;

5) refugees and stateless persons;

6) students and trainees;

7) seafarers and workers employed at a stationary coastal installation who do not have permission to stay and work in the state of employment.

The Convention obliges States Parties to respect and ensure the rights of migrant workers and members of their families, based on the principle of non-discrimination in relation to these rights. Part III of the Convention (“Human rights of all migrant workers and members of their families”) regulates in detail and provides legal guarantees for the protection of political, civil, economic, social and cultural rights of this category of citizens.

The provisions of the Convention concerning the rights and freedoms of migrant workers and members of their families are fully consistent with the provisions contained in the Universal Declaration of Human Rights 1948, the International Covenant on Civil and Political Rights 1966, the International Covenant on Economic, Social and Cultural Rights 1966 and other universal international human rights agreements. Article 24 of the Convention states that every migrant worker and every member of his family has the right to recognition of his personality before the law.

With regard to most rights and freedoms, migrant workers and members of their families are provided with national treatment. Deviation from the principle of equal treatment of nationals of the state of employment, in particular in relation to the contract of employment, is unlawful. States parties to the Convention shall therefore take all appropriate measures to ensure that migrant workers and members of their families are not deprived of any rights under this principle by reason of any difference in their status of residence or employment.

Part IV of the Convention deals with the additional rights of migrant workers and members of their families who have documentation or a permanent status in the State of employment. In particular, they are given the right to be fully informed about all conditions of entry, stay, and employment; the right of free movement throughout the territory of the state of employment and freedom to choose a place of residence in it; the right to create associations and trade unions in order to protect their interests, etc. It is important to note that, compared to previous agreements, the Convention regulates in great detail the rights of migrant workers and members of their families, and also pays great attention to issues of international cooperation between states in this area.

The Convention provides for the first time a control mechanism. At the time of the entry into force of the Convention, the Committee for the Protection of the Rights of Migrant Workers and Members of Their Families was established for the purpose of monitoring its implementation, which consists of 10, and after the entry into force of the Convention for its 41st State Party, it will consist of 14 experts elected by secret ballot by States Parties to the Convention, taking into account equitable geographical representation of both the migrant workers' States of origin and the States of employment. Experts are elected for a term of four years and perform their functions in a personal capacity. The functions of the Committee include:

a) consideration of reports submitted by States Parties to the Convention;

c) annual submission of reports to the UN General Assembly on the implementation of the provisions of the Convention;

d) adoption of its own Rules of Procedure;

e) holding annual meetings, etc. The first 10 members of the Committee were elected at the first meeting of the States Parties to the Convention, which was held on December 11, 2003 in New York, and the first meeting of the Committee took place from March 1 to March 5, 2004 in Geneva.

A State Party to the Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications that another State Party is not fulfilling its obligations under the Convention. Such communications may be accepted and considered only if they are submitted by the State Party to the Convention that made the declaration recognition of the competence of the Committee in relation to oneself.

All States that have ratified these conventions are obliged to respect the fundamental human rights of all migrant workers and to provide them, without discrimination on the grounds of nationality, race, religion or gender, conditions no less favorable than those enjoyed by their own citizens in respect of wages. wages, working hours, paid holidays, age of hiring, vocational training, housing, membership of trade unions, social security, taxes, legal proceedings.

At the same time, according to these conventions, migrant workers and members of their families are obliged to comply with the laws and regulations of the state, the requirements of employment, and also respect the historical and cultural traditions of the local population.

Currently, at the international level there are a number of documents relating to the political and legal regulation of various aspects of immigration and the determination of the socio-economic and political status of immigrants in receiving countries. They are both mandatory (conventions and protocols thereto) and recommendatory (charters, declarations, resolutions, pacts) in nature. However, some of them have limited geographical applicability, since they were adopted by regional international organizations, and their effect extends only to countries that are members of these organizations.
Documents adopted by various intergovernmental organizations act as a kind of legal guidelines for the development of immigration policy and immigration legislation within individual states and their associations.

In its most general form, human rights in their modern understanding are formulated in the Universal Declaration of the Rights of Man and of the Citizen, adopted by the UN in 1948. The provisions of paragraph 2 of Art. may be extended to international migrants in the Declaration. 13: “Every person has the right to leave any country, including his own, and to return to his own country,” paragraph 1 of Art. 14: “Every person has the right to seek refuge from persecution in other countries and to enjoy this refuge” and paragraphs 1 and 2 of Art. 15: “Every person has the right to a nationality. No one shall be arbitrarily deprived of his nationality or the right to change his nationality.” The declaration is not legally binding. At the same time, it is generally accepted that it has a significant moral impact.
Subsequently, a number of declarations, conventions and protocols were adopted at the international level, specifying the provisions of the Universal Declaration of Human and Civil Rights. The first international treaty in the field of ensuring respect for political human rights, binding on states that ratified it, was the International Covenant on Civil and Political Rights, adopted by the UN in 1966. According to it, states are obliged to guarantee the implementation of political rights not only to their citizens, but also to non-citizens residing in these states (mainly immigrants).
In accordance with Art. 13 of the Covenant, aliens lawfully present in any of the states that have ratified the Covenant may be expelled from the country only on the basis of a lawful judicial decision. In addition, the decision on expulsion can be appealed by a foreigner in accordance with the procedure established by law.
Many states ratified the Covenant with reservations and declarations. Conventionally, they can be divided into two types: reservations and statements presuming the supremacy of religious norms over secular law, and reservations and statements regarding the assertion of the exclusive competence of national law over international law in matters of the particular legal status of foreign citizens.
Reservations and statements of the first type were made by Muslim countries. Thus, Bahrain noted that the provision providing for “equal rights for men and women to enjoy all civil and political rights” does not have supremacy over Sharia law in force in the country. Kuwait, like Bahrain, noted that the equality of rights and obligations of spouses in family relations and the right and opportunity to participate without any discrimination in government and electoral procedures of the Covenant will be applied in the country only to the extent that they are not contrary to national law based on Islamic norms.
Reservations of the second type were made mainly by Western European states. In particular, Austria indicated that the non-discrimination norm does not exclude the practice of applying different legal procedures in relation to Austrian citizens and foreigners residing in the country. The United Kingdom noted that it reserves the right to apply or not apply paragraph 4 of Art. 12 (“No one shall be arbitrarily deprived of the right of entry into his own country”) of the Covenant and other provisions of the Covenant relating to current immigration law in the United Kingdom. The same applies to the reservation for the United Kingdom of the right to decide on the applicability of paragraph 3 of Art. 24 of the Covenant in the context of current legislation on citizenship (nationality) of the United Kingdom.
As of December 5, 2008, the International Covenant on Civil and Political Rights has been ratified by 163 states of the world - these are almost all countries of the North and Latin America, Europe and Africa. From countries that have not signed or ratified the Covenant, most of located on the Arabian Peninsula, in South and East Asia, as well as in Oceania and the Caribbean.
In 1966, simultaneously with the International Covenant on Civil and Political Rights, the UN adopted the Optional Protocol to the said Covenant. The Optional Protocol contains detailed regulation of the functions and exercise of powers by the UN Human Rights Committee, established on the basis of Part IV of the International Covenant on Civil and Political Rights. The Optional Protocol to the Covenant entered into force in 1976.
According to the Covenant and the Optional Protocol, the tasks of the UN Human Rights Committee include: assessment of regular reports of states that have ratified the Covenant, the content of which concerns the progress of these countries in the implementation at the national level of the rights recognized in the Covenant, recommendations to the countries party to the Covenant in the field of improving the implementation of rights person, consideration of claims of non-compliance with the norms of the Covenant made by a citizen or government of one of the states parties to the Covenant against any other state party to the Covenant. It should be noted that the Committee's recommendations are not mandatory.
Nine of the world's 10 most populous countries, which together accounted for more than half the world's population in 2008, have not acceded to the Optional Protocol: the United States, India, Indonesia, Brazil, Nigeria, Bangladesh and Japan. In addition, China and Pakistan did not ratify the Covenant itself, which means they could not accede to its Optional Protocol. Russia is the only state among the ten most populous countries in the world that has ratified both the Covenant and its Optional Protocol.
In 1990, the UN adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The convention came into force in 2003. It is significant that in only 10 of the 45 countries that have signed and ratified the Convention, the number of immigrants exceeds 500 thousand people. It can be assumed that countries that massively export their labor abroad view the Convention as a way to protect their citizens working around the world.
In paragraph 1 of Art. 2 and in art. Article 5 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families explains the term “migrant worker”: “a person who will be, is, or has been engaged in gainful employment in a State of which he or she is not a national.” The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families also stipulates the scope of political rights of migrant workers in receiving countries. The Convention also provides for the possibility of establishing consultative structures within the authorities of receiving countries, through which migrant workers could convey to political decision-makers their “special needs and aspirations” and thereby participate in “the life and governance of local communities.” "
Nevertheless, the authors of the Convention emphasize that each state party to the Convention retains the full and sovereign right to establish criteria for the admission of migrant workers and members of their families to its territory.
An interesting document is the Declaration of Human Rights with respect to persons who are not citizens of the country in which they live, adopted within the UN. In Art. 4 of the Declaration requires foreigners not only to comply with local laws, but also to respect the traditions and customs of the host state.
Since the mid-1980s, the UN Commission on Human Rights (since 2006 – the Human Rights Council) has repeatedly emphasized in its recommendations that when applying international instruments (conventions, protocols and declarations) for the protection of human rights, there should be no division into citizens and foreigners. One of the activities of the Commission on Human Rights is monitoring the protection migrants' rights(mainly labor). Monitoring is carried out by the Special Rapporteur on the human rights of migrants, who prepares an annual report for the UN Commission on Human Rights, as well as reports on specific countries (after short-term visits).
At the next meeting of the Human Rights Council of the UN General Assembly, held in 2008, the priority areas of UN activity in the field of promoting the full integration of migrants in host countries and creating an atmosphere of harmony and tolerance in these countries were confirmed. It was emphasized that, although the UN fully recognizes the sovereign rights of the authorities of each country to adopt and implement migration measures and measures to protect state borders, all countries are obliged to comply with their obligations under international law, including in the field of human rights protection, especially that most of them are applied without distinction between citizens and foreigners.

In Europe, all the main documents concerning the political status of immigrants have been adopted by the Council of Europe (CoE). During the period from 1949 to 2008, the Council of Europe adopted 205 different conventions and protocols, but only a few of them relate to the regulation of the political status of immigrants in receiving countries.
The main document in this area was the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe in 1950. By July 2006, the Convention had been ratified by all 47 member countries of the Council of Europe. The second most important document regulating the rights of immigrants in Europe is the Convention on the Participation of Aliens in Local Public Life, the preamble of which states that “the residence of foreigners on national territory is now a permanent feature of European societies,” which implies an urgent need to improve procedures for integrating immigrants into host societies by “increasing their opportunities to participate in local public affairs.” Art. 3 of the Convention guarantees foreigners in receiving countries freedom of speech, as well as the right to freedom of peaceful assembly and freedom of association. At the same time, in paragraphs. 1-3 tbsp. 9 of the Convention notes that all of the above rights granted to foreigners in countries of residence, may be restricted by the authorities of the host country if so required by “the interests of national security, territorial integrity or public safety, or if necessary to prevent disorder or crime, to protect health or morals, or to protect the reputation and rights of others.”
The next document relevant to foreigners living in the territory of the CE countries is the European Convention on the Legal Status of Migrant Workers. This Convention applies only to citizens of countries that are members of the Council of Europe who work in the territory of another country that is also a member of the Council of Europe. Art. 28 provides for the opportunity for foreign citizens - labor migrants to create trade unions in the countries in which they work. The implementation of the Convention is monitored by a specially created Advisory Committee from among the CE countries that have ratified the Convention.
It should be noted that today it is in Europe that more specific instruments and mechanisms have been created for the protection and implementation of the entire range of rights (including political) of immigrants in receiving countries than in other regions of the world.
Significant specificity, in comparison with global and European conventions, declarations and protocols relating to the protection of the rights of migrants, characterize the documents adopted in the countries of Africa and Asia.
The countries of the African continent, with the exception of Morocco, are united by the African Union (AU), which is the successor organization to the Organization of African Unity, created in 1963. The organization has been operating under its modern name since 2002. One of the key bodies in the structure of the AU is the African Union Commission, which is a rather complex organizational structure. Immigration issues in the Commission are dealt with by the Department of Social Policy and the Department of Trade and Industry. The tasks of the first include assisting the AU member countries in developing common political approaches in the field of population and migration, as well as monitoring and monitoring the implementation of programs in the field of migration regulation by the AU member countries. The tasks of the second include regulating migration in the context of developing trade and economic relations between African countries.
The main treaty instrument designed to ensure respect for human rights in Africa is the African Charter on Human and Peoples' Rights. The Charter's preamble states that "civil and political rights cannot be separated from economic, social and cultural rights." According to paragraph 4 of Art. 12 Aliens cannot be expelled from the country for any reason other than a judicial decision made in accordance with the law. Finally, pp. 1 and 2 tbsp. 13 establish the right of every citizen “to participate freely in the government of his state, either directly or through freely chosen representatives, in accordance with the provisions of law. Every citizen has the right to equal access to the public services of his state.” In general, it should be noted that the provisions set out in paragraphs. 9-13 of the Charter actually repeat similar provisions of the UN Universal Declaration of Human and Citizen Rights (1948) and the European Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe (1950). The Charter provides for the creation of an African Commission on Human Rights, similar to the structures created by the UN and the Council of Europe to monitor and protect human rights.
However, the Charter also has regional features, for example, paragraph 2 of Art. 23 states: “Any person exercising the right of asylum shall not engage in subversive activities against his State or any other State Party to this Charter. The territory of countries party to the Charter may not be used as a base for subversive or terrorist activities against the people of any other state party to this Charter.”
Important documents relating to human rights in Africa are the Grand Bay (Mauritius) Declaration and its accompanying Plan of Action for Human Rights. The Declaration affirms the need to end the widespread violations of human rights that give rise to war, corruption, nepotism, genocide, etc. in Africa. Under the current conditions, the main human right – the right to life – is not actually respected, not to mention the rights of a higher order. This is why in Africa human rights are closely linked to international humanitarian law. It is worth noting that another characteristic feature of African documents relating to democratic development and human rights is the repeated emphasis on the inadmissibility of unconstitutional transformations of political regimes.
In the Asian region, the problems of immigrants and immigration policy are most reflected in documents adopted by the Association of States South-East Asia(ASEAN) . The main document in the field of migration regulation in Southeast Asia is the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers. Art. Article 3 of the Declaration states that countries sending and receiving migrants must take into account the fundamental rights and dignity of migrant workers, with the unconditional right of receiving countries to apply their own legal and political rules for the reception of foreigners on their territory. According to Art. 5, host countries need to “intensify the protection of fundamental human rights...”. Art. 13 provides for sending countries the obligation to create conditions for the repatriation and reintegration of returning migrants.
Additionally, Asia has the Bangkok Declaration on Irregular Migration. It is devoted to problems associated with illegal (irregular) migration: human trafficking, return migration, poverty and social inequality. In fact, the Bangkok Declaration makes no mention of the rights of migrants, much less their political rights. Perhaps the only exception is Art. 12 of the Declaration, which speaks of the need to facilitate the comprehensive reintegration of illegal migrants returning (returned) to the country of origin.
Another document in the field of human rights in Asia is the Final Declaration of the Regional Meeting for Asia of the World Conference on Human Rights, which points out the interconnectedness and indivisibility of economic, social, cultural, civil and political rights. The need to guarantee human rights and fundamental freedoms in relation to vulnerable groups, including migrant workers and refugees, is emphasized.
Within ASEAN there is a working group to establish a human rights mechanism, the main goal of which is to create an intergovernmental commission on human rights in ASEAN, and the current task is to regularly inform the governments of ASEAN countries about the situation with the protection and promotion of human rights in relation to migrants in the region . The Working Group is a coalition of national (governmental) working groups from ASEAN countries, parliamentary human rights committees, and also includes representatives of non-governmental organizations and the academic community. Meetings in conference format within the working group have been held annually since 2001.
Since the mid-1990s, meetings of the heads of immigration departments and heads of consular offices of the ministries of foreign affairs of ASEAN countries have been regularly held within ASEAN. At the third meeting, held on 13–14 December 1999 in Yangon (Myanmar), it was decided to develop an institutional framework for ASEAN cooperation in the field of immigration issues. It should be noted, however, that neither at this meeting, nor at any of the subsequent ones, the issue of socio-political rights of migrants in host countries in ASEAN was raised. The focus of attention of officials from the Ministries of Foreign Affairs remains focused on three issues in the field of migration cooperation: firstly, the removal of barriers to the development of the tourism industry in the region, secondly, the fight against transnational crime, including those related to the organization of illegal migration channels, and , thirdly, issues of combating terrorism and ensuring regional security. The topic of migrants' rights, especially political ones, usually remains outside the scope of intergovernmental meetings and conferences.
In the Asia-Pacific region, since 1996, there has been a mechanism for intergovernmental consultations on refugees, displaced persons and migrants, which is a forum on relevant issues, collecting data on intraregional migration processes, increasing the effectiveness of regional cooperation in the fight against trafficking in persons, illegal migration and ensuring sustainable demographic development.
In the Western Hemisphere, the main international organization uniting most countries in the region is the Organization of American States (OAS). The OAS was created on April 30, 1948 on the basis of the International Union of American Republics, founded in 1889. Currently, the OAS includes all 35 states of North, Central and Latin America.
In 1997, the Inter-American Commission on Human Rights established the position of Special Rapporteur, who prepares reports for the Commission on the situation of migrants in specific countries of the Americas. It should be noted that the competence of the special rapporteur includes only issues of migrant workers and their families living in countries of which they are not citizens, while a similar mandate of the Special Rapporteur on the human rights of migrants to the UN Human Rights Council, which also monitors the situation with human rights in relation to migrants is much broader and includes all categories of migrants, especially women migrants and illegal migrants.
In 2005, the Organization of American States adopted the Inter-American Program for the Promotion and Protection of Human Rights of Migrants, Including Migrant Workers and Members of Their Families, developed by a working group of the Committee on Legal and Political Affairs of the Permanent Council of the OAS. The topic of protecting the rights of migrants has been on the OAS agenda since the First Summit of the Americas, held in December 1994 in Miami (USA) and since then has always attracted significant attention from legislators and politicians from both Americas. The Program confirms that OAS member states retain the right to independently determine migration policy, including the rules for the entry and stay of foreigners on their territory, and access to government-provided benefits and services. It specifically notes the need to promote the political participation of migrants in democratic systems in both their countries of origin and host countries, including in electoral processes, as well as the dissemination of information (among governments, non-governmental organizations, etc.) about the legal, political and practical consequences political participation of migrants in the socio-political life of countries of origin. The harmonization of migration legislation at the level of national parliaments, promotion of the voluntary return of migrants to their homeland and repatriation are encouraged.
By decision of the OAS Permanent Council on October 24, 2007, a Special Committee on Migration Issues was created, whose tasks include analyzing all problems related to migration in the region of the Americas from the point of view of international humanitarian law and international law generally.
The key document in the field of ensuring and protecting human rights in the region is the American Declaration of the Rights and Duties of Man, adopted 7 months earlier than the UN Universal Declaration of Human Rights. Art. Article 4 of the Declaration establishes the right to freedom of opinion and expression by any means. Art. 20 guarantees every person the right to participate in the government of his state, directly or through representatives, through participation in elections. In Art. 21 and 22 secure the right to assemble and associate with other people in order to express and protect political, economic and other interests. Art. 19 not only guarantees the right to citizenship of a certain country, but the right to change it to citizenship of another country (if the latter agrees to provide it). Finally, Art. 27 guarantees the right to asylum on the territory of a foreign state.
In conclusion, we note another important document of a regional scale - the American Convention on Human Rights (Pact of San Jose). The Convention emphasizes that “fundamental human rights arise not because a person is a citizen of a particular state, but because they are based on the properties of the human person and therefore require international protection in the form of a convention that reinforces or complements protection provided for by the internal laws of American States."

The greatest attention to the problem of the rights (especially political) of migrants is paid in Europe, while in all other regions of the world, including North America, the topic of granting civil and political rights to immigrants, as a rule, is not raised. Moreover, in almost all regional documents concerning migrants, we are not talking about the implementation of the socio-political rights of migrants in host countries and the integration of migrants into host societies, but about the cooperation of government authorities of the countries included in the corresponding region in the field of regulation migration processes.
Issues of extending political and civil rights to immigrants are left by international law to the discretion of individual states. Them migration policy, as well as the policy of naturalization and integration of immigrants, is initially understood by the vast majority of states in the world as an exclusive area of ​​national interest, in which intervention by the international community is extremely undesirable.
Some international treaties provide for the creation of various institutions responsible for monitoring compliance with human rights in relation to migrants, or judicial bodies that carry out justice functions in cases of violation by the authorities of receiving countries of the rights of migrants. But even in this case, the competence of such institutions and bodies usually covers only the cultural, social and economic rights of migrants. The right to grant civil and political rights to various categories of immigrants, as well as regulation of the forms of their implementation, always remains at the discretion of the authorities of a particular state.
The volume and content of the rights granted to immigrants by various international treaties depend not so much on the “critical mass” of immigrants in a particular region, as if “forcing” the governments of the receiving countries to somehow optimize the integration processes of immigrants, but on the perception of politicians of the prevailing immigration system in their country or region. situations.

Notes

The Universal Declaration of Human and Citizen Rights, adopted and proclaimed by resolution 217 A (III) of the UN General Assembly of December 10, 1948 (http://www.un.org/russian/documen/declarat/declhr.htm).
International Covenant on Civil and Political Rights, adopted by resolution 2200 A (XXI) of the UN General Assembly on December 16, 1966. Came into force on March 23, 1976 after ratification of the Covenant 35 by the state. // http://www.un.org/russian/documen/convents/pactpol.htm
In this regard, it is interesting to note that in the Cairo Declaration on Human Rights in Islam, adopted by the Organization of the Islamic Conference, at the 19th Islamic Conference of Foreign Ministers, in August 1990 in Cairo (Egypt) in Art. 23 states that “everyone has the right to participate directly or indirectly in the management of the affairs of his country. He also has the right to hold public office in accordance with the provisions of Shariah."
For information on the content of reservations and declarations made by various countries when signing/ratifying the International Covenant on Civil and Political Rights, see the website of the Office of the United Nations High Commissioner for Human Rights (http://www2.ohchr.org/english/bodies/ratification/docs /DeclarationsReservationsICCPR.pdf).
Among the countries that have signed but not ratified the Pact: Commonwealth Bahamas, China, Union Comoros, Cuba, Guinea-Bissau, Laos, Nauru, Pakistan, Sao Tome and Principe. States that have not acceded to the Pact: Vatican City, Taiwan, Myanmar, Malaysia, Bhutan, Western Sahara, Singapore, Brunei Darussalam, Palestine, Saudi Arabia, Oman, UAE, Qatar, island states of Oceania (FSM, Republic of the Marshall Islands, Kiribati, Fiji, Tonga, Palau, Solomon islands, Tuvalu) and island states Caribbean(Grenada, Saint Lucia, Saint Kitts and Nevis, Antigua and Barbuda).
As of March 5, 2008, the Optional Protocol to the International Covenant on Civil and Political Rights has been signed or ratified by 119 of the 163 countries that have ratified the Covenant.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was adopted by UN General Assembly resolution 45/158 on December 18, 1990. Came into force in 2003.
Ghana, Argentina, Turkey, Bangladesh, Syria, Mexico, Libya, Uganda, Serbia, Montenegro.
If this rule is enshrined in national legislation, immigrants who are not citizens of the receiving country, but have been legally residing in the country for a certain period of time (with a residence permit, temporary residence permit or work permit), as a rule, granted the right to take part in elections and referendums held at the local level.
Adopted on February 5, 1992. Entered into force on May 1, 1997. It should be noted that as of May 1, 2009, the Convention was signed by only 13 of the 47 member countries of the Council of Europe, and after the signing, only 8 states ratified the Convention: Albania , Denmark, Iceland, Italy, the Netherlands, Norway, Finland and Sweden.
Adopted on November 24, 1977. Entered into force on May 1, 1983. As of January 1, 2009, the Convention was signed and/or ratified by 15 of the 47 CE member countries: signed but not ratified by Belgium, Germany, Greece, Luxembourg; ratified by Albania, France, Italy, Moldova, the Netherlands, Norway, Portugal, Spain, Sweden, Turkey and Ukraine.
Adopted on June 27, 1981. Entered into force on October 21, 1986. Currently, the African Charter on Human and Peoples' Rights has been ratified by all 53 member countries of the African Union.
Inter-American program for the promotion and protection of the human rights of migrants, including migrant workers and their families AG/RES. 2141 (XXXV-O/05). Adopted at the fourth plenary session, held on June 7, 2005
For more information see http://www.oas.org/consejo/specialcommittees/Special%20Committe%20Migration.asp
Adopted at the International Conference of American States on May 2, 1948 in Bogota (Colombia). See text in Basic Documents Pertaining to Human Rights in the Inter-American System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 17 (1992)
Adopted at the Inter-American Conference on Human Rights on November 22, 1969 in San Jose (Costa Rica). Entered into force on July 18, 1978.

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Introduction

1. International Migration Statistics

3. The role of international organizations in protecting the rights of migrant workers.

4. ILO and Conventions for the protection of the rights of migrant workers.

5. UN and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Conclusion

List of used literature

Introduction

Labor migration is one of the phenomena of globalization modern world. Migrant workers are persons who move from one state to another in search of work.

The global economy and social development of countries increasingly depend on the effectiveness of labor migration, which contributes to their enrichment through the use of additional labor resources that stimulate socio-economic processes. In this regard, regulation of the main processes of labor migration (external and internal) in Russian Federation refers to one of the priority tasks reflected in the conceptual framework of state migration policy. At the same time, the current problems of the state are related to the process of illegal labor migration.

In the existing international system for regulating labor migration processes, the main efforts of various subjects of international law are aimed at streamlining national, multilateral and regional legal relations. By the beginning of the 21st century. The international community has accumulated some experience in international legal regulation of labor migration, aimed at protecting the rights and realizing the legitimate interests of those who carry out professional activities outside their countries. However, the results of the legal analysis of this experience convince us that the development of “international immigration law requires additional tools and new standards,” not only in private law aspects, but also in the field of public legal regulation of international cooperation in the field of labor migration. Measures taken in last years in the Russian Federation in this direction, significantly influence the effectiveness of the ongoing state migration policy in the field of respect and protection of the rights of migrant workers; socio-economic development of the country; ensuring its national security. In this regard, the issue of international labor migration within the framework of the Group of Eight Leading States and the United Nations General Assembly gives the Russian Federation the opportunity to begin establishing closer international cooperation in this area.

In this work I will look at:

Statistics international migration;

Legal status of migrant workers;

The meaning and role of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of December 18, 1990;

The meaning and role of the ILO Convention No. 143 on Migration Abuses and on Equality of Opportunity and Treatment for Migrant Workers of 24 June 1975 in the field of protection of the above mentioned category of the population.

The procedure for the validity of the agreement of the CIS member states on labor migration and social protection of migrant workers dated April 15, 1994 and the agreement between the Government of the Russian Federation and the Government of the Kyrgyz Republic on labor activity and social protection of migrant workers dated March 28, 1996, etc.

The work of the supervisory body for states to fulfill their obligations under the 1990 Convention - the Committee for the Protection of All Migrant Workers and Members of Their Families.

1. International Migration Statistics

international migrant worker law

In December, experts found that there were 232 million migrant workers in the world in 2013. In total, they sent $511 billion in remittances in one year, comparable to the annual GDP of countries such as Poland or Sweden.

The most popular places For migration over the past decades, the United States and European Union countries have remained. According to the European University Institute, there are up to 43 million migrants in the EU. Of these, 20 million are Europeans living in a state other than the one in which they were born, and the rest entered the EU from states that are not members of the union.

In terms of the number of migrants, the European Union is not much inferior to the absolute world leader - the United States. The United States has chosen to resettle 46 million people, according to a Pew Research survey.

The scale of migration within the European Union is not as huge as is commonly thought. In addition, its estimates may vary significantly. If the European University Institute counted 20 million internal migrants in Europe, then in the spring of 2013 the well-known research organization Migration Policy Institute presented its report, in which, with reference to official EU statistics, it was stated: only 2.5 percent of Europeans live in another country according to compared to their country of citizenship, and only 10 percent have experience of employment in another EU country. At the same time, the most mobile were citizens of the largest and most developed EU countries - Germany, Great Britain, France, Italy and Spain. The last conclusion contradicts the idea of ​​labor migration from of Eastern Europe to Western.

Unlike Europe, where the focus of economists is on internal migration, which is easier to calculate in numbers, in the United States the main debate is about external migration. This is explained by the fact that at the beginning of the 21st century, the United States retains the status of the most attractive place to move, and for all categories - from low-paid workers to highly qualified managers and scientists (for the latter, technology companies even lobbied for special quotas). No one in the United States has disputed the need to attract top talent from abroad over the past decade.

In total, US workers lose $402 billion annually due to competition from cheaper migrant labor.

There are still a number of countries and regions in the world that stand out from the general background for their non-standard approach to solving migration problems or a unique demographic situation that does not allow them to be compared with the United States and the European Union. Japan, for example, has traditionally pursued strict anti-immigration policies. At the end of 2011, according to the International Organization for Migration, there were just over two million visitors to the country (out of a total population of 127 million people). However, when explaining the reasons for this attitude towards visitors, observers, as a rule, turn to cultural rather than economic arguments. In the near future, Tokyo's tough position may soften, and this time for purely practical reasons - the country's population is aging. In 2012, 24 percent of Japanese were over 65 years of age. By 2055, their number will increase to 40 percent.

Russia can also be considered an atypical state in the field of migration. Pew Research researchers put the Russian Federation in second place (after the United States) in terms of the number of migrants. Eleven million labor migrants live in Russia, and as of 2013, about 10.8 million Russians are migrants themselves. Thus, Russia is a country with a significant number of immigrants and emigrants at the same time. This distinguishes the country both from developed countries, which, as a rule, inevitably attract migrants, and from developing countries-- migrant donors.

All of the above examples indicate that, despite globalization, migration remains primarily a regional problem. The lack of consensus among economists about the material benefits of migration means that in the near future it will continue to be judged on the basis of emotional stereotypes rather than scientific facts.

In global labor markets, migrants mainly occupy jobs that are not in demand among local workers. These are the following activities:

· “3D jobs” - dirty, hard and/or dangerous work that does not require qualifications, including high-intensity labor (conveyor, construction work, extraction of natural raw materials, food processing, etc.);

· low or medium qualification work in the public service sector, including the sphere of leisure and entertainment (dry cleaning, pizza delivery, cleaning, trade, etc.);

· care and maintenance work in the private sphere (cleaning and housework in private households, caring for children and the sick, etc.);

· employment in the shadow and criminal sectors of the economy (in “leftist” unregistered firms, in the production of counterfeit products, etc.).

Migrants are also employed in seasonal work, i.e. where the demand for labor is subject to strong fluctuations. To satisfy it during the seasonal peak, there are often not enough local personnel. In addition, work in agriculture, the tourism and entertainment sector is also not in demand among the local population.

However, the role of migrants is also great in the “upper” segment of the labor market, i.e. where qualified professionals work: managers, scientists, high-tech industry workers, IT specialists, etc. The demand for such labor is no longer due to the refusal of local workers from these types of employment, but to the absolute shortage of qualified personnel ensuring economic growth in developed countries. Employment in these sectors is significantly influenced by globalization trends. Such workers, as a rule, do not encounter opposition from the migration and border regimes of receiving countries.

Thus, in global labor markets, migrants are mainly concentrated in lower sectors and areas of elite employment, leaving the “middle” to local workers.

2. Legal status of migrant workers

The problem of determining the legal status of migrants is currently being actively discussed by both scientists and practitioners. Disputes are being conducted, first of all, about the specific content of the legal status of one or another category of migrants. Unfortunately, there is still no consensus on what the features of the legal status of migrants are in relation to other categories of the population, allowing us to talk about the need to allocate a special legal status.

Migrants are a category of the population whose specific status is associated with their spatial movements across state or administrative borders. The consequence of migration is the emergence of large population groups, mostly not adapted to new living conditions and not assimilated among the indigenous population. Since the presence of migrants affects the economic, demographic, political, criminological situation in the receiving state or administrative-territorial unit, the need for special regulation of the legal status of this category of the population is obvious.

Almost always, migration movement entails a change in legal status - this is the second feature. “The special legal status of a migrant will depend on the type of migrant (refugee, forced migrant, foreign worker, etc.) and will consist of additional rights and responsibilities.” Khabrieva T.Ya. Migration law as a structural entity Russian law// Journal of Russian Law. 2007. N 11. P. 15. International migrants, being outside the territory of the country of which they are citizens, on the one hand, as a rule, retain the rights and obligations in relation to the state of citizenship, and on the other hand, they additionally acquire certain rights and obligations of the state stay, becoming migrant workers. The status of internal migrants may also change depending on the subject of the Federation - place of stay or residence. Therefore, in our opinion, we should agree with A. Pokhlebaeva, who identifies changes in his legal status, as well as legal regulation by the receiving state, as signs reflecting the specifics of a migrant’s status. Pokhlebaeva A. The concept of migration and its classification // Journal of International Law and International Relations. 2005. N 3.

Conventionally, the content of the legal status of migrants can be divided into the following groups of rights, freedoms and responsibilities:

1) rights, freedoms and obligations secured by the norms of international law and international agreements;

2) rights, freedoms and obligations established by the norms of national legislation:

· rights and obligations granted in the state of citizenship (primary residence) or in administrative unit, from where the migration took place;

· rights and obligations granted to migrants in the state or administrative unit to which the person migrated;

3) rights provided to migrants by local governments (potential measures of social support and social assistance).

At the same time, it should be noted the special importance of international acts, treaties and agreements; often with their help, special rules are established for regulating the procedure for entry and exit, stay, work, as well as additional benefits and guarantees for citizens of states that have signed such agreements.

The third feature is the temporary, transitional nature of the status. By general rule Migrant status arises after an appropriate application to government agencies, including diplomatic and consular institutions, or as a result of the actual crossing of state or administrative borders, and is lost after leaving the host state or after receiving its citizenship. Foreign workers can carry out labor activities for the period of validity employment contract or for the duration of the work when concluding a civil contract, while the period of stay from the moment of entry into the territory of the Russian Federation cannot exceed one year.

Despite these features, it is not worth talking about the advisability of a normative definition of the general legal status of a migrant as such; it will be enough to simply define the concept of “migrant” in the current legislation. Perhaps today it is necessary to regulate a narrower status of international migrants (in particular, immigrants). An analysis of foreign experience shows that many states are following exactly this path: immigration laws have been adopted in Germany, Canada, Great Britain, and a number of CIS countries (Kazakhstan, Tajikistan, Kyrgyzstan, etc.). Such an act could be based on the norms of the current Federal Law “On the Legal Status foreign citizens In Russian federation".

The legal status of a migrant worker is not formally established in the legislation of the Russian Federation. In view of the above, we can only talk about the international legal status of migrant workers (Russia is a party to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers of April 15, 1994, as well as a number of bilateral agreements on the social protection of migrant workers). At the same time, the legal status of a migrant worker applies only to immigrants - foreign citizens and stateless persons; citizens of the Russian Federation are not labor migrants. As noted by Yu.V. Zhiltsova, even the Russian citizens permanently residing abroad. Zhiltsova Yu.V. Legal regulation of labor relations of migrant workers: Dis. Ph.D. legal Sci. Ekaterinburg, 2002. P. 34 The above does not mean that in Russia there is no legal regulation of the status of migrant workers at all; rather, we may be talking about inconsistency of terms.

In accordance with Art. 17 of the Constitution of the Russian Federation in the Russian Federation recognizes and guarantees the rights and freedoms of man and citizen in accordance with generally recognized principles and norms of international law and in accordance with this Constitution. Fundamental human rights and freedoms are inalienable and belong to everyone from birth.

Thus, the content of the legal status of migrants includes the rights, freedoms and responsibilities granted to them in accordance with the norms of international law, as well as the national legislation of the state of departure and the state of entry (if we are talking about internal migrants - the administrative-territorial unit of departure and, accordingly, entry). The general legal status of a migrant as such is currently not normatively regulated, but this is not necessary; it is enough to just define the concept of “migrant” itself.

3. The role of international organizations in protecting the rights of migrant workers

As noted by D.K. Bekyashev, non-governmental organizations of employers and workers have some qualities of international legal personality in international migration law. In particular, they participate in international legal rule-making within the ILO based on the principle of tripartism. In addition, workers' and employers' organizations have the right to lodge complaints against ILO member states that do not comply with ratified conventions. Thus, they have the ability to ensure that states comply with international legal norms. These non-governmental organizations of workers and employers may include the following.

Global Union Federation (GUF), International Confederation of Free Trade Unions (ICFTU), General Labor Confederation (GLC).

A special institutional mechanism in the field of migration at the regional level is the Advisory Council on Labor, Migration and Social Protection of the Population of the CIS States (it was created by a special Agreement in 1992).

First of all, international labor migration, as one of the institutions of international labor law, is regulated by the general principles of all branches of international law. The acts containing these principles include: the UN Charter, the Declaration of Principles of International Law concerning Friendly Relations between States of 1970, the Final Act of the CSCE of 1975, the International Covenant on Economic, Social and Cultural Rights of 1966, a number of provisions on full productive employment were specified in a number of ILO conventions and recommendations, relating mainly to protection against unemployment, including for migrant workers.

4. ILO and Conventions for the protection of the rights of migrant workers

The main special sources of international migration law are international multilateral agreements: first of all, the Charter, numerous conventions and recommendations of the ILO, as well as some international legal acts of the UN. Some of the fundamental human rights at work were also the subject of the ILO Declaration on Fundamental Principles and Rights at Work, adopted by the International Labor Conference on 18 June 1998. Migrant workers are identified in the preamble of this act as a category of persons who require special protection.

The ILO Constitution was developed by the Commission on International Labor Law, created in accordance with the Treaty of Versailles. The Preamble of the ILO Constitution, as important goals for the creation of the ILO, indicates the need to “protect the interests of workers working abroad”, as well as “recognize the principle of equal pay for equal work”. And now, in order to most fully and effectively regulate issues related to labor migration, among the main areas of ILO activity, issues of decent work, job creation, and ensuring the rights of migrant workers can be highlighted.

ILO conventions are multilateral international treaties that are subject to ratification by ILO member countries and subsequent implementation in the legislation and practice of these countries. A state that has ratified a particular ILO convention is obliged to adopt regulations to implement it and, in accordance with Art. 22 of the ILO Constitution, as well as regularly submit reports to the ILO on measures taken for the effective application of the ratified convention. Such reports are submitted once every 2-4 years, depending on the importance of the convention. If the convention has not been ratified, the State still has an obligation to inform, upon request of the ILO Governing Body, the state of national law and practice in relation to the unratified convention and the measures proposed to be taken to give it force. It should be borne in mind that for states that have not ratified the conventions, these conventions often also have the meaning of international norms. In particular, according to the provisions of the ILO Declaration on Fundamental Principles and Rights at Work and Mechanisms for its Implementation of 1998, all ILO member states have an obligation. All ILO conventions, depending on the degree and nature of regulation of international labor migration processes, can be divided into general and special.

Special conventions that directly address issues of international labor migration and ensuring the rights of migrant workers include the following ILO conventions:

· Migrant Workers Convention No. 97, 1949;

· Convention No. 143 concerning Migration Abuses and Equality of Treatment for Migrant Workers, 1975.

Let us dwell on the most important of the listed ILO acts. The Migrant Workers Convention No. 97 of 1949 focuses on the employment of migrants and their working conditions. This Convention obliges States to provide, without discrimination on the grounds of nationality, race, religion or sex, to immigrants lawfully present in its territory conditions no less favorable than those enjoyed by its own citizens. At the same time, states are given the right to restrict migrants' access to certain types of work when this is necessary in the public interest.

The adoption of Migrant Workers Convention No. 143 was prompted by a sharp increase in unemployment and irregular migration. This act represents the first multilateral attempt to address the situation of illegal migrants, and also provides sanctions against illegal traffickers. labor force. Convention No. 143 established the concept of “migrant worker”, according to which the specified status is assigned to a person who migrates or has migrated from one country to another for the purpose of obtaining any work other than on his own account, and includes any person who has entered legally to the country as a migrant worker. However, in international migration law, as well as in the national legislation of most countries of the world, a unified approach to the concept of a migrant worker has not yet developed. These Conventions have not been ratified by Russia. But, despite the fact that the term “migrant worker” has been enshrined in a number of other international legal acts, Russian legislation still does not know such a term.

These ILO Conventions cover issues relating to the entire migration process, including emigration, immigration, transit, and they apply to persons who migrate from one country to another for the purpose of employment as employees. With the exception of Article 8 of Convention No. 97 and, to some extent, Section II of Convention No. 143, these instruments do not distinguish between permanent and temporary migrants. It should be noted that both of these conventions provide for the exclusion from the scope of their application of certain categories of workers: seafarers, workers in border areas, persons of liberal professions and artists who have entered for a short period of time. Convention No. 143 also excludes from its scope general provisions Title II trainees and apprentices, as well as workers hired temporarily to perform specific types of work or assignments.

International acts that indirectly regulate migration processes, or general ones, include the following:

· Labor Inspection Convention No. 81, 1947;

· Plantation Convention No. 110, 1958;

· Employment Policy Convention No. 122, 1964;

· Convention No. 129 concerning Labor Inspection in Agriculture, 1969;

· Minimum Wage Convention No. 131, 1970;

· Nursing Personnel Convention No. 149, 1977;

· Convention No. 168 concerning the promotion of employment and protection against unemployment of 1988;

· Convention No. 181 on Private Employment Agencies, 1997;

· Convention No. 184 concerning safety and health in agriculture, 2001.

The Private Employment Agencies Convention 181, 1997, contains important provisions aimed at preventing mistreatment of migrant workers in relation to recruitment and employment through private employment agencies. These agencies have not found wide application in Russia, despite the recognition of the effectiveness of their activities in regulating migration processes by the international community.

According to the Employment Promotion and Protection against Unemployment Convention No. 168 of 1988, lawfully resident migrant workers must enjoy the rights to equal treatment and non-discriminatory treatment, in particular without distinction on the basis of race. Colour, sex, nationality or ethnic origin in the context of promoting full, productive and freely chosen employment.

The Protection of Wages Convention 95, 1949 also applies to all workers without exception, including migrant workers.

It should be separately noted that the norms of the listed regulations governing the legal status of migrant workers extend their legal effect to both temporary and permanent migrants; both legal and illegal migrants.

Another type of acts adopted within the ILO are recommendations. The ILO Recommendation is not an international treaty and does not require ratification. ILO recommendations represent a wish addressed to the state, a proposal to introduce appropriate norms into national legislation. The Recommendation contains material for orientation in international experience necessary for improving national legislation. The Recommendation details, clarifies, and sometimes supplements the provisions of the convention, makes their content more complete and flexible, and expands the possibilities of choice for states when deciding on the adoption of international norms. In addition, the recommendations can serve as the basis for the development of future ILO conventions, thereby being independent international legal acts. Among the most significant ILO recommendations in the field of legal regulation of international labor migration are Recommendation No. 151 on migrant workers, Recommendation No. 100 on the protection of migrant workers in underdeveloped countries and territories, Recommendation No. 86 on migrant workers.

5. UN and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

Problems of working conditions and equal treatment provided to migrant workers are also addressed in a number of acts adopted by the UN. They cover such issues as level of remuneration, working hours, paid leave, minimum age for employment, occupational safety and health measures, social security issues, as well as social protection facilities and benefits provided in connection with employment, job security, etc. d.

Since January 2004, the World Commission on International Migration (WCIM), formed within the UN, began its work. Its objectives are to examine gaps in migration management and identify the links between migration and development; preparation of recommendations to maximize benefits and reduce losses from international migration.

Sources of legal regulation of international migration processes and migrant labor may include acts of other international organizations, in particular the UN. Within the UN, over the years of its existence, it was adopted a large number of acts relating to the establishment and protection of the rights of migrant workers. Among them: the Universal Declaration of Human Rights 1948, the Convention on the Elimination of All Forms of Discrimination against Women 1979, the International Covenant on Economic, Social and Cultural Rights 1966, the International Covenant on Civil and Political Rights 1966, the Convention on Rights of the Child 1989, etc. In 1990, the UN adopted a comprehensive act regulating most aspects of international migration: the International Convention for the Protection of the Rights of Migrant Workers and Members of Their Families.

The 1990 UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families defines the term “migrant worker” as follows: “a person who is, is, or has been engaged in gainful employment in a State of which he or she is not a national. "
This convention provides a number of definitions that make it possible to distinguish migrant workers into several categories:

· "border worker" means a migrant worker who maintains his or her usual residence in a neighboring State to which he or she usually returns every day or at least once a week;

· “seasonal worker” means a migrant worker whose work is of a nature dependent on seasonal conditions and is performed only during part of the year;

· “seafarer”, which also includes fishermen, means a migrant worker employed on a vessel registered in a State of which he or she is not a national;

· “worker employed in a fixed offshore installation” means a migrant worker employed in an offshore installation under the jurisdiction of a State of which he or she is not a national;

· “travelling worker” means a migrant worker who, while normally resident in one State, is required by the nature of his work to move to another State or States for short periods;

· “project worker” means a migrant worker admitted to the State of employment for a specified period of time to work exclusively on a specific project carried out in that State of his or her employer;

· “targeted worker” means a migrant worker:

1. who is sent by his or her employer for a limited and specified period of time in the State of employment to perform specific functions or duties; or

2. who, for a limited and specified period of time, performs work requiring professional, commercial, technical or other specialized skills; or

3. who, at the request of his or her employer in the State of employment, performs, for a limited and specified period of time, work of a temporary or short-term nature; and who must leave the State of employment either at the end of the authorized period of stay or earlier if he or she is no longer performing those specific functions or duties or is not engaged in that work;

· “self-employed worker” means a migrant worker who is engaged in a remunerated activity other than contractual employment and who through such activity provides his livelihood, usually working alone or with members of his family, and any other migrant worker recognized as a self-employed worker under the applicable laws of the State of employment or bilateral or multilateral agreements.

This Convention has been drawn up taking into account also the principles and standards contained in relevant instruments developed within the framework of the International Labor Organization, especially the Migrant Workers Convention (No. 97), the Migration Abuses and Equality for Migrant Workers Convention opportunities and treatment (No. 143), the Migrant Workers Recommendation (No. 86), the Migrant Workers Recommendation (No. 151), the Forced or Compulsory Labor Convention (No. 29) and the Abolition of Forced Labor Convention.

Conclusion

Immigration has varying impacts on the economies of receiving countries. So, in some countries, foreign workers constitute a significant part of the country's labor force.

On this basis, there is a high dependence of the economy on immigration, which is a strategically important resource for dynamic and structural changes in the economy. In many developed countries, immigration plays a less significant role, although to one degree or another it contributes to eliminating imbalances in the labor market, increasing the socio-economic mobility of the population and the competitiveness of national economies.

The structure of international migration flows is changing qualitatively as a result of an increase in the share of professionally trained specialists with a higher level of education in the number of migrants, including potentially promising specialists. Migration policies pursued by developed countries lead to an outflow of intellectual potential from developing countries. According to UN estimates, the financial losses of developing countries as a result of “brain drain” over the past 30 years have exceeded $60 billion.

Increasing in the context of globalization, international migration has a very contradictory impact on socio-economic development modern states. On the one hand, it leads to an improvement in the demographic situation and an increase in supply work force and competition in labor markets, increasing the volume of gross domestic product and reducing the price level, increasing the efficiency of the use of labor and requirements for employees, spurring the growth of professional and educational training, helps to increase the competitiveness of the economy. In this regard, there is a need to change the system of education and professional training. On the other hand, migration can have a significant impact on the formation of imbalances in the labor market, causing an increase in unemployment, a decrease in wages and a deterioration in the socio-economic situation of indigenous residents of this region. It leads to the formation of ethnically closed enclaves, the spread of the shadow economy, and criminal and extremist organizations.

The increase in the scale of illegal migration is the most important distinctive feature of modern processes, international migration of the population. Currently, according to ILO data, about a third of the flow of international migration in the world is not controlled. The situation is greatly complicated by the fact that the introduction of restrictive measures against legal migrants is usually accompanied only by an increase in the scale of illegal migration.

The globalization of the world economy in modern conditions is due to the rapid growth in the volume of transnational movement of productive and financial capital. The formation of the global labor market is carried out with some lag, while at the same time the process of globalization itself largely arose on the basis of the intensification of international flows of population migration, its movement to various regions of the world.

An important factor determining changes in international migration flows is a significant increase in the scale and spatial boundaries of forced migration as a result of the formation of powerful centers of military-political tension, ethnic conflicts and environmental disasters.

Economically developed countries have accumulated extensive experience in attracting international migrants. Despite the problems that arise, in conditions of depopulation, many of them attracted large-scale flows of foreign labor to the country and are focusing on the implementation of this strategy in the foreseeable future to strengthen their socio-economic positions in a globalizing world.

List of used literature

1. Arkhipova K.Yu. Improving the migration legislation of the Russian Federation in the aspect of combating illegal labor migration // "Legal World", 2010, No. 9.

2. Boldyrev S.I. The role of the processes of labor migration, immigration, resettlement and emigration in ensuring the economic, demographic and migration security of Russia // "Migration Law", 2009, No. 1.

3. Zhiltsova Yu.V. Legal regulation of labor relations of migrant workers: Dis. Ph.D. legal Sci. Ekaterinburg, 2002. P. 34

4. Kozlov V.F. On the issue of ways to organize illegal migration // “Migration Law”, 2010, No. 2.

5. Machulskaya E.E. Social protection of migrant workers within the framework of the Eurasian Economic Community: selected aspects // "Labor Law in Russia and Abroad", 2010, No. 3.

6. Pokhlebaeva A. The concept of migration and its classification // Journal of international law and international relations. 2005. N 3.

7. Khabrieva T.Ya. Migration law as a structural formation of Russian law // Journal of Russian Law. 2007. N 11. P. 15.

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Main categories of migrants. Legal status of migrants in the Russian Federation and abroad. Consideration of the main areas of social support for migrants in the labor market, young migrants receiving education, refugees and internally displaced persons.

thesis, added 04/10/2015


Determination of scientific approaches to the study of the legal content of the constitutional and legal status of migrants from the republics former USSR. Development of a classification of migrants, their legal status in the Russian Federation. Improving the migration legislation of Russia.

The concept of labor and the essence and content of the subject of international legal regulation. Mechanism of international law for tracking personnel turnover: concept and structure. Legal status of migrant workers and its consolidation in legal norms.

abstract, added 12/18/2008


Formation and development of legislation on the protection of consumer rights. Description government organizations for the protection of consumer rights, imposition of fines by antimonopoly authorities. Powers of consumer protection bodies under local administration.

course work, added 06/27/2014


Definition of the concept and essence of the legal status of migrants in the Russian Federation. Characteristics of government bodies operating in the field of migration relations. Legal regulation of registration and control of various categories of migrants.

course work, added 07/13/2013


Analysis of the activities of organizations to protect children's rights. Legal status of the child. Child: concept and its legislative implementation. Legal status of the child in modern Russia. Characteristics of the bodies ensuring the protection of the rights of the child during adoption.

thesis, added 10/21/2014


Accession of the Russian Federation to the Council of Europe and the obligation to apply the Convention within the framework of the national legal system. Application of the Convention for the Protection of Human Rights and Fundamental Freedoms. Obstacles to its use in Russian courts, their solution.

Legal regulation in the field of labor migration to protect the rights of migrant workers is carried out on a multilateral and bilateral basis.

In 1949, the ILO Migrant Workers Convention was adopted, on December 18, 1990, the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families, signed in New York. The Convention was designed to provide comprehensive legal protection for migrant workers and members of their families, establishing core standards in a Convention that could have a universal appeal. The Convention entered into force on July 1, 2003. When the Convention entered into force, the Committee for the Protection of the Rights of Migrant Workers and Members of Their Families was established, which consists of 10, and after entry into force for its 41 States Parties it will consist of 14 experts.

The provisions of the Convention do not apply to border workers, persons of liberal professions and artists who have entered for a short period, etc. to the sailors. A huge number of people move from one state to another in search of work. This category of persons in international law is defined by the concept of “migrant workers”.

Agreements concluded under the auspices of the International Labor Organization occupy an important place in regulating the legal status of migrant workers. Among the first international agreements relating to migrant workers, it is necessary to note the current ILO Migrant Workers Convention No. 97 of 1949. Article 11 of this Convention contains a definition of the concept of “migrant worker”. It means a person who migrates from one country to another with the intention of obtaining employment other than on his own account, and includes every person admitted by law as a migrant worker. The provisions of the Convention do not apply to border workers, professionals and artists who have entered for a short period, as well as seafarers.

The Convention provides for the obligation of ratifying ILO member states to provide, without discrimination on the grounds of nationality, race, religion or gender, to immigrants lawfully present in their territory, treatment no less favorable than that enjoyed by its citizens in relation to wages and other working conditions , union membership, housing conditions, social security, taxes and legal proceedings.

In 1962, ILO Convention No. 118 concerning the equal rights of nationals, foreigners and stateless persons in the field of social security was adopted. The provisions of the Convention are intended to provide, in the territory of each Member State of the ILO in respect of which the Convention is in force, the citizens of any other Member State of the ILO for which the provisions of the Convention are also in force, the same rights as their own nationals both with regard to the extension of legislation to them, and in relation to the right to social benefits.

ILO Convention No. 143 concerning Migration Abuses and the Promotion of Equality of Opportunity and Treatment for Migrant Workers, 1975, Art. 1 provides that each ILO member State for which the Convention is in force undertakes to respect the fundamental rights of all migrant workers.

However, the Convention does not contain a list of these fundamental rights. Section II of the Convention, “Equality of Opportunity and Treatment”, provides for the obligation of States Parties to the Convention to develop and implement national policies aimed at promoting and guaranteeing equality of opportunity and treatment in relation to work and occupation, social security, trade union and cultural rights, individual and cultural freedoms for individuals legally present in their territory as migrant workers, or members of their families.

In addition to the above documents, the ILO has developed a number of recommendations, among which it is necessary to note the ILO Recommendation No. 86 on Migrant Workers, 1949 and the ILO Recommendation No. 151 on Migrant Workers, 1975.

The first document contains an invitation to ILO member states to develop and exploit all employment opportunities and to promote, for this purpose, the international distribution of labor and in particular its movement from countries where it is abundant to countries where it is scarce. The annex to ILO Recommendation No. 86 contains a Model Agreement on temporary and permanent migration of workers, including the migration of refugees and displaced persons, which can be concluded between states on a bilateral and/or multilateral basis.

The second document addresses the following issues: equality of opportunity and treatment of migrant workers and members of their families and citizens of the state of employment; social policy of the state of employment, which, in particular, should be aimed at reuniting the families of migrant workers, health care, and free access of this category of persons to social services; employment and accommodation.

Among the regional agreements devoted to the problem of migrant workers, it is worth noting the current European Convention on the Legal Status of Migrant Workers of 1979, adopted within the framework of the activities of the Council of Europe. It contains a definition of the concept of “migrant worker” that differs from the definitions contained in previous international agreements. In accordance with Art. 1 of the Convention, "migrant worker" means a citizen of a State-a party to the Convention who is permitted by another state to reside in its territory to perform gainful employment. The Convention regulates issues of entry, movement of migrant workers, working and employment conditions, housing, taxation, etc.

Central to the international agreements relating to migrant workers and members of their families is the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, signed on December 18, 1990 in New York. The Convention was designed to provide comprehensive legal protection for migrant workers and members of their families, establishing core standards in a Convention that could have a universal appeal. The Convention entered into force on July 1, 2003 in accordance with paragraph 1 of Art. 87. As of March 5, 2004, 34 states are parties to the Convention. Russia is not a party to this international agreement. Among the CIS member states, Azerbaijan, Kyrgyzstan and Tajikistan participate in the Convention.

In accordance with paragraph 1 of Art. 1 of the Convention, its provisions apply to all migrant workers and members of their families, without distinction of any kind such as sex, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, nationality, age, economic, property, family and class status or on any other basis.

The Convention applies throughout the entire migration process of migrant workers and members of their families, which includes preparation for migration, departure, transit and the entire period of stay in the State of employment, as well as return to the State of origin or State of habitual residence.

Article 2 of the Convention defines “migrant worker” as a person who will be, is, or has been engaged in paid work in a state of which he is not a citizen. In addition to the general concept of “migrant worker,” the Convention contains a list of subcategories of this category of persons: cross-border worker, seasonal worker, seafarer, project worker, targeted worker, self-employed worker, etc.

The provisions of the Convention do not apply to the following categories of persons:

1) employees of international organizations;

2) persons hired by a state outside its territory to perform official functions (the legal status of these categories of persons is regulated by general international law or specific international agreements);

3) persons sent or hired by or on behalf of the state outside its territory and participating in the implementation of various cooperation programs of the state that hired them (their status is determined by an agreement with the state of employment);

4) investors who do not reside in their country of origin;

5) refugees and stateless persons;

6) students and trainees;

7) seafarers and workers employed at a stationary coastal installation who do not have permission to stay and work in the state of employment.

The Convention obliges States Parties to respect and ensure the rights of migrant workers and members of their families, based on the principle of non-discrimination in relation to these rights. Part III of the Convention (“Human rights of all migrant workers and members of their families”) regulates in detail and provides legal guarantees for the protection of political, civil, economic, social and cultural rights of this category of citizens.

The provisions of the Convention concerning the rights and freedoms of migrant workers and members of their families are fully consistent with the provisions contained in the Universal Declaration of Human Rights 1948, the International Covenant on Civil and Political Rights 1966, the International Covenant on Economic, Social and Cultural Rights 1966 and other universal international human rights agreements. Article 24 of the Convention states that every migrant worker and every member of his family has the right to recognition of his personality before the law.

With regard to most rights and freedoms, migrant workers and members of their families are provided with national treatment. Deviation from the principle of equal treatment of nationals of the state of employment, in particular in relation to the contract of employment, is unlawful. States parties to the Convention shall therefore take all appropriate measures to ensure that migrant workers and members of their families are not deprived of any rights under this principle by reason of any difference in their status of residence or employment.

Part IV of the Convention deals with the additional rights of migrant workers and members of their families who have documentation or a permanent status in the State of employment. In particular, they are given the right to be fully informed about all conditions of entry, stay, and employment; the right of free movement throughout the territory of the state of employment and freedom to choose a place of residence in it; the right to create associations and trade unions in order to protect their interests, etc. It is important to note that, compared to previous agreements, the Convention regulates in great detail the rights of migrant workers and members of their families, and also pays great attention to issues of international cooperation between states in this area.

The Convention provides for the first time a control mechanism. At the time of the entry into force of the Convention, the Committee for the Protection of the Rights of Migrant Workers and Members of Their Families was established for the purpose of monitoring its implementation, which consists of 10, and after the entry into force of the Convention for its 41st State Party, it will consist of 14 experts elected by secret ballot by States Parties to the Convention, taking into account equitable geographical representation of both the migrant workers' States of origin and the States of employment. Experts are elected for a term of four years and perform their functions in a personal capacity. The functions of the Committee include:

a) consideration of reports submitted by States Parties to the Convention;

c) annual submission of reports to the UN General Assembly on the implementation of the provisions of the Convention;

d) adoption of its own Rules of Procedure;

e) holding annual meetings, etc. The first 10 members of the Committee were elected at the first meeting of the States Parties to the Convention, which was held on December 11, 2003 in New York, and the first meeting of the Committee took place from March 1 to March 5, 2004 in Geneva.

A State Party to the Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications that another State Party is not fulfilling its obligations under the Convention. Such communications may be accepted and considered only if they are submitted by the State Party to the Convention that made the declaration recognition of the competence of the Committee in relation to oneself.

All States that have ratified these conventions are obliged to respect the fundamental human rights of all migrant workers and to provide them, without discrimination on the grounds of nationality, race, religion or gender, conditions no less favorable than those enjoyed by their own citizens in respect of wages. wages, working hours, paid holidays, age of hiring, vocational training, housing, membership of trade unions, social security, taxes, legal proceedings.

At the same time, according to these conventions, migrant workers and members of their families are obliged to comply with the laws and regulations of the state, the requirements of employment, and also respect the historical and cultural traditions of the local population.