United Nations

CMW/C/38/1

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

Distr.: General

24 April 2024

Original: English

English, French and Spanish only

Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

Thirty- eighth session

3–14 June 2024

Item 4 of the provisional agenda

Adoption of the agenda

Annotated provisional agenda *

Provisional agenda

1.Opening of the session.

2.Solemn declaration by the newly elected members of the Committee under rule 11 of the rules of procedure.

3.Election of officers, according to rules 13 to 15 of the rules of procedure.

4.Adoption of the agenda.

5.Organizational matters.

6.Submission of reports by States parties.

7.Consideration of reports submitted by States parties under article 73 of theConvention.

8.Methods of work of the Committee.

9.Promotion of the Convention.

10.Adoption of the annual report.

Annotations

1.Opening of the session

The representative of the Secretary-General will open the thirty-eighth session of the Committee.

2.Solemn declaration by the newly elected members of the Committee under rule 11 of the rules of procedure

In accordance with rule 11 of the rules of procedure, each new member of the Committee elected at the eleventh meeting of States parties to the Convention, held on 27 June 2023, will make the following solemn declaration before assuming his or her duties: “I solemnly declare that I will perform my duties and exercise my powers as a member of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families honourably, faithfully, impartially and conscientiously.”

3.Election of officers, in accordance with rules 13 to 15 of the rules of procedure

In accordance with article 75 (2) of the Convention and rule 15 (1) of the Committee’s rules of procedure, the Committee shall elect its officers for a term of two years. Pursuant to rules 13 and 14 of the rules of procedure, the Committee shall elect from among its members a Chair, three Vice-Chairs and a Rapporteur.

Under rule 14 of the rules of procedure, when there is only one candidate for election as one of its officers, the Committee may decide to elect that person by acclamation. When there are two or more candidates for election as one of its officers, or when the Committee otherwise decides to proceed with a ballot, the person who obtains a simple majority of the votes cast shall be elected. Elections shall be held by secret ballot.

4.Adoption of the agenda

In accordance with rule 5 of the Committee’s rules of procedure, the present annotated provisional agenda has been prepared by the Secretary-General in consultation with the Chair of the Committee.

In accordance with rule 6 of the rules of procedure, the adoption of the agenda will be the first item on the provisional agenda of any session, except where the election of officers is required pursuant to rule 13. In accordance with rule 7, the Committee may revise the agenda during a session and may, as appropriate, defer or delete items.

5.Organizational matters

The thirty-eighth session of the Committee will be held at Palais Wilson, from 3 to 14 June 2024. The first meeting of the session will be convened on Monday, 3 June, at 10 a.m.

The Committee will consider its programme of work and issues relevant to its business, including the dates of its future sessions. The programme of work will be made available on the web page of the Committee.

6.Submission of reports by States parties

The Committee received the initial report of the Congo on 27 March 2024. As at 1 April 2024, the initial reports of the following States parties were due but had not been received by the Committee for consideration, however, as the Chairs of the treaty bodies decided during their thirty-fourth and thirty-fifth meetings that the simplified reporting procedure would become the default procedure for all Committees for initial and periodic reports, with the possibility for States parties to opt out, the Committee, based on its available human resources, will adopt a list of issues prior to reporting for the States that did not opt out:

State party

Initial date due

Deadline for submission of replies to lists of issues prior to reporting

Chad a

1 June 2023

Fiji a

1 December 2020

Guinea-Bissau a

1 February 2020

Malawi a

1 January 2024

Togo a

1 April 2022

a In accordance with the simplified reporting procedure, which has become the default procedure, a list of issues prior to reporting will be adopted by the Committee at a future session.

The Committee received the second periodic report of Seychelles on 31 January 2024 and the combined second to fourth periodic reports of Egypt on 15 January 2024. The second periodic reports of the following States parties were due but had not yet been received as at 1 April 2024:

State party

Initial date due

Deadline for submission of replies to lists of issues prior to reporting

Bangladesh a

1 May 2022

Ghana b

5 September 2019

Guinea c

9 September 2020

Guyana c

1 May 2023

Indonesia c

1 October 2022

Lesotho c

1 May 2021

Madagascar c

1 October 2023

Mozambique c

1 October 2023

Nicaragua c

1 October 2021

Niger d

1 October 2021

29 December 2023

Peru e

24 April 2020

28 April 2023

Timor-Leste c

9 September 2020

Uganda c

24 April 2020

a On 28 March 2023, the State party opted out of the simplified reporting procedure, and will submit its report under the traditional procedure.

b At its thirty-eighth session, the Committee will have before it for adoption the list of issues prior to reporting.

c In accordance with the simplified reporting procedure, which has become the default procedure, a list of issues prior to reporting will be adopted by the Committee at a future session.

d The list of issues prior to reporting was adopted by the Committee at its twenty-sixth session.

e The list of issues prior to reporting was adopted by the Committee at its thirty-fourth session.

The third periodic reports of the following States parties were due but had not yet been received as at 1 April 2024:

State party

Initial date due

Deadline for submission of replies to lists of issues prior to reporting

Algeria a

1 May 2023

Mali b

1 May 2019

Sri Lanka c

1 October 2021

a On 31 March 2023, the State party opted out of the simplified reporting procedure, and will submit its report under the traditional procedure.

b In accordance with the simplified reporting procedure, which has become the default procedure, a list of issues prior to reporting will be adopted by the Committee at a future session .

c On 16 May 2023, the State party opted out of the simplified reporting procedure, and will submit its report under the traditional procedure.

The fourth periodic reports of the following States parties were due but had not yet been received as at 1 April 2024:

State party

Initial date due

Deadline for submission of replies to lists of issues prior to reporting

Ecuador a

1 October 2022

a In accordance with the simplified reporting procedure, which has become the default procedure, a list of issues prior to reporting will be adopted by the Committee at a future session.

The following States parties were reviewed in the absence of a report and were each requested to submit their combined initial and periodic reports:

State party

Due date of initial report

Due date of combined initial and periodic reports

Deadline for submission of replies to lists of issues prior to reporting

Belize a

1 July 2004

5 September 2016

1 November 2020

Jamaica b

1 January 2010

1 May 2019

1 March 2022

Saint Vincent and the Grenadines c

1 February 2012

1 May 2019

a The State party was reviewed by the Committee in the absence of a report at its twenty-first session. At the same session, Belize was requested to submit its combined initial to third periodic reports. A list of issues prior to reporting was adopted by the Committee at its thirty-first session.

b The State party was reviewed by the Committee in the absence of a report at its twenty- sixth session. At the same session, Jamaica was requested to submit its combined initial and second periodic reports. Owing to the coronavirus disease ( COVID-19 ) pandemic, the list of issues prior to reporting for Jamaica was adopted by the Committee intersessionally , on 5 February 2021.

c The State party was reviewed by the Committee in the absence of a report at its twenty- eighth session. At the same session, Saint Vincent and the Grenadines was requested to submit its combined initial and second periodic reports.

7.Consideration of reports submitted by States parties under article 73 of the Convention

At its thirty-eighth session, the Committee will consider the initial report of the Congo, the second periodic report of Türkiye and the fourth periodic report of Senegal. It will adopt concluding observations on the reports.

The Secretary-General has informed the States parties concerned of the dates on which their reports are scheduled for consideration by the Committee, in accordance with its provisional programme of work.

At its fourteenth session, the Committee established a simplified reporting procedure, which consists in the preparation and adoption of a list of issues and the transmittal thereof to the State party concerned prior to the submission of its report. The replies of the State party to the list of issues constitute its report under article 73 (1) of the Convention. In order to support an increased use of the simplified reporting procedure by States parties, the Committee decided, at its thirty-fifth session, that the procedure would be implemented on an opt-out basis, rather than an opt-in basis, whereby the simplified reporting procedure under rule 33 (2) of its rules of procedure is henceforth the default procedure and the traditional reporting procedure the exception. The Committee will therefore adopt a list of issues prior to reporting for any State party to the Convention that has not explicitly requested use of the traditional reporting procedure, after States parties have been duly informed of the decision taken by the Committee. At its thirty-eighth session, the Committee will also adopt a list of issues prior to reporting in respect of Ghana, as well as lists of issues in relation to the combined second to fourth periodic reports of Egypt and the second periodic report of Honduras.

8.Methods of work of the Committee

On 8 December 2023, during its thirty-seventh session, and pursuant to General Assembly resolution 68/268 of 9 April 2014 on strengthening the functioning of the treaty bodies, including the effectiveness of its working methods, the Committee adopted its revised guidelines on the harmonization of its working methods.

The Committee, in follow-up to the informal meeting of Chairs and vice-Chairs held in Madrid from 21 to 23 February 2024, will discuss “Working paper: options and guiding questions for the development of an implementation plan for the conclusions of the treaty body Chairs at their 34th meeting in June 2022 (A/77/228, paras. 55 and 56)”, which the Office of the United Nations High Commissioner for Human Rights prepared in response to a request made by the Chairs of the human rights treaty bodies during their thirty-fourth annual meeting, in May and June 2022. In 2023, the Chairs decided to establish a coordination mechanism for the harmonization of working methods and substantive coordination on common and intersectional issues and to prepare concrete proposals for the Chairs for their conclusive action on these issues, while respecting the specificities of each Committee.

9.Promotion of the Convention

The Committee will discuss its involvement in and support for various events and initiatives in promotion of the Convention, including meetings with stakeholders, days of general discussion and the preparation of general comments.

10.Adoption of the annual report

In accordance with article 74 (7) of the Convention, the Committee submits an annual report to the General Assembly on the implementation of the Convention.

The Committee will have before it for adoption a report on its thirty-seventh and thirty-eighth sessions.