2
Convinced that the rights of migrant workers and members of their families have not been sufficiently
recognized everywhere and therefore require appropriate international protection,
Taking into account the fact that migration is often the cause of serious problems for the members of
the families of migrant workers as well as for the workers themselves, in particular because of the
scattering of the family,
Bearing in mind that the human problems involved in migration are even more serious in the case of
irregular migration and convinced therefore that appropriate action should be encouraged in order to
prevent and eliminate clandestine movements and trafficking in migrant workers, while at the same
time assuring the protection of their fundamental human rights,
Considering that workers who are non-documented or in an irregular situation are frequently employed
under less favourable conditions of work than other workers and that certain employers find this an
inducement to seek such labour in order to reap the benefits of unfair competition,
Considering also that recourse to the employment of migrant workers who are in an irregular situation
will be discouraged if the fundamental human rights of all migrant workers are more widely recognized
and, moreover, that granting certain additional rights to migrant workers and members of their
families in a regular situation will encourage all migrants and employers to respect and comply with
the laws and procedures established by the States concerned,
Convinced, therefore, of the need to bring about the international protection of the rights of all migrant
workers and members of their families, reaffirming and establishing basic norms in a comprehensive
convention which could be applied universally,
Have agreed as follows:
Part I: Scope and Definitions
Article 1
1. The present Convention is applicable, except as otherwise provided hereafter, to all migrant workers
and members of their families without distinction of any kind such as sex, race, colour, language,
religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age,
economic position, property, marital status, birth or other status.
2. The present Convention shall apply during the entire migration process of migrant workers and
members of their families, which comprises preparation for migration, departure, transit and the entire
period of stay and remunerated activity in the State of employment as well as return to the State of
origin or the State of habitual residence.
Article 2
For the purposes of the present Convention:
1. The term "migrant worker" refers to a person who is to be engaged, is engaged or has been
engaged in a remunerated activity in a State of which he or she is not a national.
2.
(a) The term "frontier worker" refers to a migrant worker who retains his or her habitual residence in a
neighbouring State to which he or she normally returns every day or at least once a week;
(b) The term "seasonal worker" refers to a migrant worker whose work by its character is dependent
on seasonal conditions and is performed only during part of the year;
(c) The term "seafarer", which includes a fisherman, refers to a migrant worker employed on board a
vessel registered in a State of which he or she is not a national;