What international agreements govern the rights of migrants?

The primary international agreements governing migrant rights are the 1951 Refugee Convention and the 1990 International Convention on Migrant Workers.

The 1951 Refugee Convention, also known as the Geneva Convention, is the main international instrument of refugee law. It defines who is a refugee, their rights, and the legal obligations of states. The Convention asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom. This is now considered a rule of customary international law. The Convention also provides for some visa-free travel for holders of travel documents issued under the convention.

The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) is another key agreement. It emphasises the connection between migration and human rights, which is a crucial aspect of global migration governance. The Convention recognises the fundamental rights of all migrants, regardless of their legal status. It provides a comprehensive set of legally binding international standards to protect migrant workers and their families. However, it has been ratified by only a few migrant-receiving countries.

In addition to these, the Global Compact for Safe, Orderly and Regular Migration (GCM) was adopted by the United Nations General Assembly in 2018. It is the first-ever negotiated global framework on a common approach to international migration in all its dimensions. The GCM is non-legally binding and upholds the sovereignty of states to determine their national migration policy. It aims to mitigate the adverse drivers and structural factors that hinder people from building and maintaining sustainable livelihoods in their countries of origin.

Furthermore, the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) also contain provisions relevant to migrants. The UDHR asserts that everyone has the right to leave any country, including his own, and to return to his country. The ICCPR further elaborates on this right, stating that no one shall be arbitrarily deprived of the right to enter his own country.

In conclusion, while there are several international agreements that govern the rights of migrants, their effectiveness is often limited by the lack of ratification and implementation by key migrant-receiving countries.