The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted on December 18, 1990, imposes obligations on States parties to protect and guarantee a comprehensive set of rights of migrant workers and members of their families. The main obligations are set out in Parts II-VI of the Convention (articles 7-71). The Convention provides for its own mechanism for the submission and consideration of individual complaints. States parties may make declarations under article 77 recognizing the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, a group of 14 independent experts meeting twice a year, to consider complaints from individuals or groups of individuals regarding alleged violations of their rights under the Convention. The mechanism for the submission and consideration of individual complaints will enter into force after 10 States parties to the Convention have made a declaration in accordance with its article 77. Since the complaints mechanism provided for in the Convention has not yet entered into force, the Committee has not yet developed rules of procedure and practice regarding individual complaints.
After the entry into force of the complaints mechanism, persons subject to the jurisdiction of the State party that made the declaration under article 77 (or persons acting on their behalf) may submit complaints to the Committee alleging that their individual rights enshrined in the Convention have been violated by the State partya participant.
The complaint will be considered inadmissible if the same issue has been considered or is being considered under another procedure of international investigation or settlement.