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Algeria

Reservation:

       The Government of the People's Algerian Democratic Republic does not consider itself bound by article 92, paragraph 1 of this Convention which provides that any dispute between two or more States Parties concerning the interpretation or application of the present Convention, that is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice.

       The Government of the People's Algerian Democratic Republic considers that any such dispute may be submitted to arbitration only with the agreement of all the parties to the conflict.

Argentina

Declaration:

       As provided for in article 92 (2), the Republic of Argentina does not consider itself bound by the provisions of article 92 (1) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Chile

Reservations:

       The Republic of Chile makes a reservation with respect to the provisions of article 22, paragraph 5, of this Convention which it considers to be inapplicable to Chile.

       The Republic of Chile will consider the provisions of article 48, paragraph 2, to be fulfilled under the terms of international conventions for the avoidance of double taxation that either have been entered into or will be entered into in the future.

Colombia

Reservation:

       Articles 15, 46 and 47 of the [said Convention], which was adopted by means of Act No. 146 of 1994, shall be executed with the understanding that the State of Colombia retains the right to promulgate taxation, exchange and monetary regulations establishing equality of treatment of migrant workers and their families with that of nationals in respect of the import and export of personal and household effects and the transfer of earnings and savings abroad, and in respect of expropriation for reasons of equity and the nullification of ownership of property in the cases envisaged in article 34 of the Political Constitution.

Ecuador

12 January 2018

Declaration under articles 76 and 77:

       The Government of the Republic of Ecuador recognizes the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families:

       a) to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention, in accordance with article 76 of the Convention; and

       b) to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim that their individual rights as established by the Convention have been violated by that State Party, in accordance with the article 77 of the Convention.

Egypt

Reservation concerning article 4:

       For the purposes of the present Convention the term `members of the family' refers to persons married to migrant workers or having with them a relationship that, according to applicable law, produces effects equivalent to marriage, as well as their dependent children and other dependent persons who are recognized as members of the family by applicable legislation or applicable bilateral or multilateral agreements between the States concerned.

Reservation concerning article 18, paragraph 6:

       When a migrant worker or a member of his or her family has, by a final decision, been convicted of a criminal offence and when subsequently his or her conviction has been reversed or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partially attributable to that person.

El Salvador

Declarations:

       The Government of the Republic of El Salvador does not consider itself bound by article 92, paragraph 1, of the Convention. With respect to articles 46, 47, 48 and 61, paragraph 4, governing exemption from import and export duties and taxes in respect of personal and household effects and the right to transfer earnings and savings, the Government of El Salvador wishes to make it clear that the exemption shall apply only after any taxes that the articles in question might incur have been paid. Moreover, the right of workers to transfer their earnings to their State of origin or State of habitual residence may be exercised without restriction, provided that the tax obligations arising in each particular case have been fulfilled. With regard to article 32, transfer of earnings and savings shall include amounts accumulated under retirement social security schemes, whether public or private. The Government of the Republic of El Salvador wishes to reiterate its respect for all universal and regional human rights principles and norms enshrined in international human rights instruments.

23 January 2015

Declaration under articles 76 and 77

       ... the Government of the Republic of El Salvador recognizes the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, to receive and consider communications to the effect that a State Party claims that another Party is not fulfilling its obligations, as well as communications from or on behalf of individuals subject to its jurisdiction, under articles 76 and 77, respectively, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Fiji

Reservation:

       “The Government of the Republic of Fiji declares that it does not consider itself bound by provisions of Article 92(1).”

Guatemala

11 September 2007

Declarations:

       [Agrees to] recognize the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families to receive and examine communications in which one State Party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families alleges non-compliance by another State Party with obligations arising under the Convention, as well as to receive and examine communications sent by persons subject to the jurisdiction of a State Party, alleging the violation by that State Party of their individual rights as recognized under the Convention.

Guinea-Bissau

Declaration regarding article 76 (1):

       The Republic of Guinea-Bissau recognizes the competence of the Committee to receive and consider communications by which a Party claims that another Party is not fulfilling its obligations under the above-mentioned Convention.

Declaration regarding paragraph 1 of article 92:

       The Republic of Guinea-Bissau does not consider itself bound by paragraph 1 of article 92, according to which any dispute between Parties concerning the interpretation or application of the Convention which is not settled by negotiation is subject to arbitration, at the request of one of them and if the Parties fail to agree on the organization of the arbitration, any of them may submit the dispute to the International Court of Justice.

Mexico3

Interpretative declaration:

       Upon ratifying the [Convention], the Government of the United Mexican States reaffirms its political will to ensure international protection of the rights of all migrant workers, in accordance with this international instrument. all the provisions of this Convention will be applied in conformity with its national legislation.

15 September 2008

Declaration under article 77:

       The United Mexican States recognizes as fully binding the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, established by the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopted in New York on 18 December 1990.

       In accordance with article 77 of the Convention, the United Mexican States declares that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim that the United Mexican States has violated their individual rights as established by the Convention.

Morocco

Reservation:

       The  Government of the Kingdom of Morocco does not consider itself bound by article 92, paragraph 1 of this Convention which provides that any dispute between two or more States Parties concerning the interpretation or application of the present Convention shall, at the request of one of them, be submitted to arbitration.

       The Government of the Kingdom of Morocco considers that any such dispute may be submitted to arbitration only with the agreement of all the parties to the conflict.

Nicaragua

Declaration and reservation:

       Declaration

       The Republic of Nicaragua, onacceding to this Convention, agrees to apply it in accordance with its domestic laws.

       Reservations:

       The Republic of Nicaragua, in the exercise of its sovereignty, does not allow foreigners to enjoy political rights; this is embodied in articles 27 and 182 of the Constitution.

       Article 91 of the Convention establishes the possibility of formulating reservations at the time of signature, ratification or accession. Consequently, by virtue of the provisions of article 42, paragraph 3, of this Convention, the Republic of Nicaragua will not grant political rights to migratory workers owing to the express prohibition contained in article 27, paragraph 2, of its Constitution, which states:

       "Foreigners have the same rights and obligations as Nicaraguans, with the exception of political rights and others established by law; they may not intervene in the political affairs of the country."

       The Republic of Nicaragua considers that this reservation is not incompatible with the object and purpose of the Convention.

Syrian Arab Republic

Declaration:

       .....accession of the Syrian Arab Republic to the said Convention thereof by its Government does not, in any way, imply recognition of Israel, nor shall it lead to any such dealing with the latter as are governed by the provisions of the Convention.

Uruguay

13 April 2012

Declaration under article 77

       On behalf of the Eastern Republic of Uruguay, I have the honour to inform you that the Government of Uruguay has decided to recognize, pursuant to article 77 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim that their individual rights as established by the above-mentioned international instrument have been violated by the Uruguayan State.

Venezuela (Bolivarian Republic of)

Declaration:

       With regard to the provisions of article 26, paragraph 1, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Bolivarian Republic of Venezuela considers that the right to join freely any trade union, contained in subparagraph (b), applies exclusively to migrant workers.

       Considering the provisions of article 92, paragraph 2, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Bolivarian Republic of Venezuela declares that it does not consider itself bound by paragraph 1 of said article. Consequently, it does not consider itself bound to resort to arbitration as a means of dispute settlement, and does not recognize the binding jurisdiction of the International Court of Justice.

Mexico

26 October 2017

With regard to the declaration made by Venezuela upon ratification:

       After analyzing the declaration made by the Bolivarian Republic of Venezuela regarding the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Government of the United Mexican States has reached the conclusion that the declaration in fact constitutes a reservation.

       This reservation, which is designed to exclude the legal effects of article 26, paragraph 1, of the Convention, is contrary to the object and purpose of the Convention and, particularly, to the right of members of the families of migrant workers to join freely any trade union or association, and therefore contravenes the provisions of article 91, paragraph 2, of the Convention and article 19 of the Vienna Convention on the Law of Treaties.

       This objection does not prevent the entry into force of the Convention between the Bolivarian Republic of Venezuela and the United Mexican States.  Consequently, the Convention will apply between the two States without the Bolivarian Republic of Venezuela being able to avail itself of the above-mentioned reservation.