Preamble

The States Parties to the present Convention,

Taking into account the principles embodied in the basic instruments of the United Nations concerning human rights, in particular the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child,

Taking into account also the principles and standards set forth in the relevant instruments elaborated within the framework of the International Labour Organisation, especially the Convention concerning Migration for Employment (No. 97), the Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (No.143), the Recommendation concerning Migration for Employment (No. 86), the Recommendation concerning Migrant Workers (No.151), the Convention concerning Forced or Compulsory Labour (No. 29) and the Convention concerning Abolition of Forced Labour (No. 105), Reaffirming the importance of the principles contained in the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization,

Recalling the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Declaration of the Fourth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, the Code of Conduct for Law Enforcement Officials, and the Slavery Conventions,

Recalling that one of the objectives of the International Labour Organisation, as stated in its Constitution, is the protection of the interests of workers when employed in countries other than their own, and bearing in mind the expertise and experience of that organization in matters related to migrant workers and members of their families,

Recognizing the importance of the work done in connection with migrant workers and members of their families in various organs of the United Nations, in particular in the Commission on Human Rights and the Commission for Social Development, and in the Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization and the World Health Organization, as well as in other international organizations,

Recognizing also the progress made by certain States on a regional or bilateral basis towards the protection of the rights of migrant workers and members of their families, as well as the importance and usefulness of bilateral and multilateral agreements in this field,

Realizing the importance and extent of the migration phenomenon, which involves millions of people and affects a large number of States in the international community,

Aware of the impact of the flows of migrant workers on States and people concerned, and desiring to establish norms which may contribute to the harmonization of the attitudes of States through the acceptance of basic principles concerning the treatment of migrant workers and members of their families,

Considering the situation of vulnerability in which migrant workers and members of their families frequently-find themselves owing, among other things, to their absence from their State of origin and to the difficulties they may encounter arising from their presence in the State of employment,

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;

(d) The term "worker on an offshore installation" refers to a migrant worker employed on an offshore installation that is under the jurisdiction of a State of which he or she is not a national;

(e) The term "itinerant worker'' refers to a migrant worker who, having his or her habitual residence in one State, has to travel to another State or States for short periods, owing to the nature of his or her occupation;

(f) The term "project-tied worker" refers to a migrant worker admitted to a State of employment for a defined period to work solely on a specific project being carried out in that State by his or her employer;

(g) The term "specified-employment worker" refers to a migrant worker:

(i) Who has been sent by his or her employer for a restricted and defined period of time to a State of employment to undertake a specific assignment or duty; or

(ii) Who engages for a restricted and defined period of time in work that requires professional, commercial, technical or other highly specialized skill; or

(iii) Who, upon the request of his or her employer in the State of employment, engages for a restricted and defined period of time in work whose nature is transitory or brief; and who is required to depart from the State of employment either at the expiration of his or her authorized period of stay, or earlier if he or she no longer undertakes that specific assignment or duty or engages in that work;

(h) The term "self-employed worker" refers to a migrant worker who is engaged in a remunerated activity otherwise than under acontract of employment and who earns his or her living through this activity normally working alone or together with members of his or her family, and to any other migrant worker recognized as self-employed by applicable legislation of the State of employment or bilateral or multilateral agreements.

Article 3

The present Convention shall not apply to:

(a) Persons sent or employed by international organizations and agencies or persons sent or employed by a State outside its territory to perform official functions, whose admission and status are regulated by general international law or by specific international agreements or conventions;

(b) Persons sent or employed by a State or on its behalf outside its territory who participate in development programmes and other co-operation programmes, whose admission and status are regulated by agreement with the State of employment and who, in accordance with that agreement, are not considered migrant workers;

(c) Persons taking up residence in a State different from their State of origin as investors;

(d) Refugees and stateless persons, unless such application is provided for in the relevant national legislation of, or international instruments in force for, the State Party concerned;

(e) Students and trainees;

(f) Seafarers and workers on an offshore installation who have not been admitted to take up residence and engage in a remunerated activity in the State of employment.

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.

Article 5

For the purposes of the present Convention, migrant workers and members of their families:

(a) Are considered as documented or in a regular situation if they are authorized to enter, to stay and to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which that State is a party;

(b) Are considered as non-documented or in an irregular situation if they do not comply with the conditions provided for in subparagraph (a) of the present article.

Article 6

For the purposes of the present Convention:

(a) The term "State of origin" means the State of which the person concerned is a national;

(b) The term "State of employment" means a State where the migrant worker is to be engaged, is engaged or has been engaged in a remunerated activity, as the case may be;

(c) The term "State of transit,' means any State through which the person concerned passes on any journey to the State of employment or from the State of employment to the State of origin or the State of habitual residence.

PART II: Non-discrimination with Respect to Rights

Article 7

States Parties undertake, in accordance with the international instruments concerning human rights, to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind such as to 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.

PART III: Human Rights of All Migrant Workers and Members of their Families

Article 8

1. Migrant workers and members of their families shall be free to leave any State, including their State of origin. This right shall not be subject to any restrictions except those that are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present part of the Convention.

2. Migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin.

Article 9

The right to life of migrant workers and members of their families shall be protected by law.

Article 10

No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 11

1. No migrant worker or member of his or her family shall be held in slavery or servitude.

2. No migrant worker or member of his or her family shall be required to perform forced or compulsory labour.

3. Paragraph 2 of the present article shall not be held to preclude, in States where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court.

4. For the purpose of the present article the term "forced or compulsory labour" shall not include:

(a) Any work or service not referred to in paragraph 3 of the present article normally required of a person who is under detention in consequence of a lawful order of a court or of a person during conditional release from such detention;

(b) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(c) Any work or service that forms part of normal civil obligations so far as it is imposed also on citizens of the State concerned.

Article 12

1. Migrant workers and members of their families shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of their choice and freedom either individually or in community with others and in public or private to manifest their religion or belief in worship, observance, practice and teaching.

2. Migrant workers and members of their families shall not be subject to coercion that would impair their freedom to have or to adopt a religion or belief of their choice.

3. Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.

4. States Parties to the present Convention undertake to have respect for the liberty of parents, at least one of whom is a migrant worker, and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 13

1. Migrant workers and members of their families shall have the right to hold opinions without interference.

2. Migrant workers and members of their families shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of their choice.

3. The exercise of the right provided for in paragraph 2 of the present article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputation of others;

(b) For the protection of the national security of the States concerned or of public order (ordre public) or of public health or morals;

(c) For the purpose of preventing any propaganda for war;

(d) For the purpose of preventing any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.

Article 14

No migrant worker or member of his or her family shall be subjected to arbitrary or unlawful interference with his or her privacy, family, , correspondence or other communications, or to unlawful attacks on his or her honour and reputation. Each migrant worker and member of his or her family shall have the right to the protection of the law against such interference or attacks.

Article 15

No migrant worker or member of his or her family shall be arbitrarily deprived of property, whether owned individually or in association with others. Where, under the legislation in force in the State of employment, the assets of a migrant worker or a member of his or her family are expropriated in whole or in part, the person concerned shall have the right to fair and adequate compensation.

Article 16

1. Migrant workers and members of their families shall have the right to liberty and security of person.

2. Migrant workers and members of their families shall be entitled to effective protection by the State against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions.

3. Any verification by law enforcement officials of the identity of migrant workers or members of their families shall be carried out in accordance with procedure established by law.

4. Migrant workers and members of their families shall not be subjected individually or collectively to arbitrary arrest or detention; they shall not be deprived of their liberty except on such grounds and in accordance with such procedures as are established by law.

5. Migrant workers and members of their families who are arrested shall be informed at the time of arrest as far as possible in a language they understand of the reasons for their arrest and they shall be promptly informed in a language they understand of any charges against them.

6. Migrant workers and members of their families who are arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that while awaiting trial they shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings and, should the occasion arise, for the execution of the judgement.

7. When a migrant worker or a member of his or her family is arrested or committed to prison or custody pending trial or is detained in any other manner:

(a) The consular or diplomatic authorities of his or her State of origin or of a State representing the interests of that State shall, if he or she so requests, be informed without delay of his or her arrest or detention and of the reasons therefor;

(b) The person concerned shall have the right to communicate with the said authorities. Any communication by the person concerned to the said authorities shall be forwarded without delay, and he or she shall also have the right to receive communications sent by the said authorities without delay;

(c) The person concerned shall be informed without delay of this right and of rights deriving from relevant treaties, if any, applicable between the States concerned, to correspond and to meet with representatives of the said authorities and to make arrangements with them for his or her legal representation.

8. Migrant workers and members of their families who are deprived of their liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of their detention and order their release if the detention is not lawful. When they attend such proceedings, they shall have the assistance, if necessary without cost to them, of an interpreter, if they cannot understand or speak the language used.

9. Migrant workers and members of their families who have been victims of unlawful arrest or detention shall have an enforceable right to compensation.

Article 17

1. Migrant workers and members of their families who are deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity.

2. Accused migrant workers and members of their families shall, save in exceptional circumstances, be separated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons. Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. Any migrant worker or member of his or her family who is detained in a State of transit or in a State of employment for violation of provisions relating to migration shall be held, in so far as practicable, separately from convicted persons or persons detained pending trial.

4. During any period of imprisonment in pursuance of a sentence imposed by a court of law, the essential aim of the treatment of a migrant worker or a member of his or her family shall be his or her reformation and social rehabilitation. Juvenile offenders shall be separated from adults and be accorded treatment appropriate to their age and legal status.

5. During detention or imprisonment, migrant workers and members of their families shall enjoy the same rights as nationals to visits by members of their families.

6. Whenever a migrant worker is deprived of his or her liberty, the competent authorities of the State concerned shall pay attention to the problems that may be posed for members of his or her family, in particular for spouses and minor children.

7. Migrant workers and members of their families who are subjected to any form of detention or imprisonment in accordance with the law in force in the State of employment or in the State of transit shall enjoy the same rights as nationals of those States who are in the same situation.

8. If a migrant worker or a member of his or her family is detained for the purpose of verifying any infraction of provisions related to migration, he or she shall not bear any costs arising therefrom.

Article 18

1. Migrant workers and members of their families shall have the right to equality with nationals of the State concerned before the courts and tribunals. In the determination of any criminal charge against them or of their rights and obligations in a suit of law, they shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

2. Migrant workers and members of their families who are charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law.

3. In the determination of any criminal charge against them, migrant workers and members of their families shall be entitled to the following minimum guarantees:

(a) To be informed promptly and in detail in a language they understand of the nature and cause of the charge against them;

(b) To have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing;

(c) To be tried without undue delay;

(d) To be tried in their presence and to defend themselves in person or through legal assistance of their own choosing; to be informed, if they do not have legal assistance, of this right; and to have legal assistance assigned to them, in any case where the interests of justice so require and without payment by them in any such case if they do not have sufficient means to pay;

(e) To examine or have examined the witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them;

(f) To have the free assistance of an interpreter if they cannot understand or speak the language used in court;

(g) Not to be compelled to testify against themselves or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Migrant workers and members of their families convicted of a crime shall have the right to their conviction and sentence being reviewed by a higher tribunal according to law.

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 partly attributable to that person.

7. No migrant worker or member of his or her family shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with the law and penal procedure of the State concerned.

Article 19

1. No migrant worker or member of his or her family shall be held guilty of any criminal offence on account of any act or omission that did not constitute a criminal offence under national or international law at the time when the criminal offence was committed, nor shall a heavier penalty be imposed than the one that was applicable at the time when it was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, he or she shall benefit thereby.

2. Humanitarian considerations related to the status of a migrant worker, in particular with respect to his or her right of residence or work, should be taken into account in imposing a sentence for a criminal offence committed by a migrant worker or a member of his or her family.

Article 20

1. No migrant worker or member of his or her family shall be imprisoned merely on the ground of failure to fulfil a contractual obligation.

2. No migrant worker or member of his or her family shall be deprived of his or her authorization of residence or work permit or expelled merely on the ground of failure to fulfil an obligation arising out of a work contract unless fulfilment of that obligation constitutes a condition for such authorization or permit.

Article 21

It shall be unlawful for anyone, other than a public official duly authorized by law, to confiscate, destroy or attempt to destroy identity documents, documents authorizing entry to or stay, residence or establishment in the national territory or work permits. No authorized confiscation of such documents shall take place without delivery of a detailed receipt. In no case shall it be permitted to destroy the passport or equivalent document of a migrant worker or a member of his or her family.

Article 22

1. Migrant workers and members of their families shall not be subject to measures of collective expulsion. Each case of expulsion shall be examined and decided individually.

2. Migrant workers and members of their families may be expelled from the territory of a State Party only in pursuance of a decision taken by the competent authority in accordance with law.

3. The decision shall be communicated to them in a language they understand. Upon their request where not otherwise mandatory, the decision shall be communicated to them in writing and, save in exceptional circumstances on account of national security, the reasons for the decision likewise stated. The persons concerned shall be informed of these rights before or at the latest at the time the decision is rendered.

4. Except where a final decision is pronounced by a judicial authority, the person concerned shall have the right to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority, unless compelling reasons of national security require otherwise. Pending such review, the person concerned shall have the right to seek a stay of the decision of expulsion.

5. If a decision of expulsion that has already been executed is subsequently annulled, the person concerned shall have the right to seek compensation according to law and the earlier decision shall not be used to prevent him or her from re-entering the State concerned.

6. In case of expulsion, the person concerned shall have a reasonable opportunity before or after departure to settle any claims for wages and other entitlements due to him or her and any pending liabilities.

7. Without prejudice to the execution of a decision of expulsion, a migrant worker or a member of his or her family who is subject to such a decision may seek entry into a State other than his or her State of origin.

8. In case of expulsion of a migrant worker or a member of his or her family the costs of expulsion shall not be borne by him or her. The person concerned may be required to pay his or her own travel costs.

9. Expulsion from the State of employment shall not in itself prejudice any rights of a migrant worker or a member of his or her family acquired in accordance with the law of that State, including the right to receive wages and other entitlements due to him or her.

Article 23

Migrant workers and members of their families shall have the right to have recourse to the protection and assistance of the consular or diplomatic authorities of their State of origin or of a State representing the interests of that State whenever the rights recognized in the present Convention are impaired. In particular, in case of expulsion, the person concerned shall be informed of this right without delay and the authorities of the expelling State shall facilitate the exercise of such right.

Article 24

Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law.

Article 25

1. Migrant workers shall enjoy treatment not less favourable than that which applies to nationals of the State of employment in respect of remuneration and:

(a) Other conditions of work, that is to say, overtime, hours of work, weekly rest, holidays with pay, safety, health, termination of the employment relationship and any other conditions of work which, according to national law and practice, are covered by these terms;

(b) Other terms of employment, that is to say, minimum age of employment, restriction on work and any other matters which, according to national law and practice, are considered a term of employment.

2. It shall not be lawful to derogate in private contracts of employment from the principle of equality of treatment referred to in paragraph 1 of the present article.

3. States Parties shall take all appropriate measures to ensure that migrant workers are not deprived of any rights derived from this principle by reason of any irregularity in their stay or employment. In particular, employers shall not be relieved of any legal or contractual obligations, nor shall their obligations be limited in any manner by reason of such irregularity.

Article 26

1. States Parties recognize the right of migrant workers and members of their families:

(a) To take part in meetings and activities of trade unions and of any other associations established in accordance with law, with a view to protecting their economic, social, cultural and other interests, subject only to the rules of the organization concerned;

(b) To join freely any trade union and any such association as aforesaid, subject only to the rules of the organization concerned;

(c) To seek the aid and assistance of any trade union and of any such association as aforesaid.

2. No restrictions may be placed on the exercise of these rights other than those that are prescribed by law and which are necessary in a democratic society in the interests of national security, public order (ordre public) or the protection of the rights and freedoms of others.

Article 27

1. With respect to social security, migrant workers and members of their families shall enjoy in the State of employment the same treatment granted to nationals in so far as they fulfil the requirements provided for by the applicable legislation of that State and the applicable bilateral and multilateral treaties. The competent authorities of the State of origin and the State of employment can at any time establish the necessary arrangements to determine the modalities of application of this norm.

2. Where the applicable legislation does not allow migrant workers and members of their families a benefit, the States concerned shall examine the possibility of reimbursing interested persons the amount of contributions made by them with respect to that benefit on the basis of the treatment granted to nationals who are in similar circumstances.

Article 28

Migrant workers and members of their families shall have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals of the State concerned. Such emergency medical care shall not be refused them by reason of any irregularity with regard to stay or employment.

Article 29

Each child of a migrant worker shall have the right to a name, to registration of birth and to a nationality.

Article 30

Each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the State concerned. Access to public pre-school educational institutions or schools shall not be refused or limited by reason of the irregular situation with respect to stay or employment of either parent or by reason of the irregularity of the child's stay in the State of employment.

Article 31

1. States Parties shall ensure respect for the cultural identity of migrant workers and members of their families and shall not prevent them from maintaining their cultural links with their State of origin. 2. States Parties may take appropriate measures to assist and encourage efforts in this respect.

Article 32

Upon the termination of their stay in the State of employment, migrant workers and members of their families shall have the right to transfer their earnings and savings and, in accordance with the applicable legislation of the States concerned, their personal effects and belongings.

Article 33

1. Migrant workers and members of their families shall have the right to be informed by the State of origin, the State of employment or the State of transit as the case may be concerning:

(a) Their rights arising out of the present Convention;

(b) The conditions of their admission, their rights and obligations under the law and practice of the State concerned and such other matters as will enable them to comply with administrative or other formalities in that State. 2. States Parties shall take all measures they deem appropriate to disseminate the said information or to ensure that it is provided by employers, trade unions or other appropriate bodies or institutions. As appropriate, they shall co-operate with other States concerned.

3. Such adequate information shall be provided upon request to migrant workers and members of their families, free of charge, and, as far as possible, in a language they are able to understand.

Article 34

Nothing in the present part of the Convention shall have the effect of relieving migrant workers and the members of their families from either the obligation to comply with the laws and regulations of any State of transit and the State of employment or the obligation to respect the cultural identity of the inhabitants of such States.

Article 35

Nothing in the present part of the Convention shall be interpreted as implying the regularization of the situation of migrant workers or members of their families who are non-documented or in an irregular situation or any right to such regularization of their situation, nor shall it prejudice the measures intended to ensure sound and equitable-conditions for international migration as provided in part VI of the present Convention.

PART IV: Other Rights of Migrant Workers and Members of their Families who are Documented or in a Regular Situation

Article 36

Migrant workers and members of their families who are documented or in a regular situation in the State of employment shall enjoy the rights set forth in the present part of the Convention in addition to those set forth in part III.

Article 37

Before their departure, or at the latest at the time of their admission to the State of employment, migrant workers and members of their families shall have the right to be fully informed by the State of origin or the State of employment, as appropriate, of all conditions applicable to their admission and particularly those concerning their stay and the remunerated activities in which they may engage as well as of the requirements they must satisfy in the State of employment and the authority to which they must address themselves for any modification of those conditions.

Article 38

1. States of employment shall make every effort to authorize migrant workers and members of the families to be temporarily absent without effect upon their authorization to stay or to work, as the case may be. In doing so, States of employment shall take into account the special needs and obligations of migrant workers and members of their families, in particular in their States of origin.

2. Migrant workers and members of their families shall have the right to be fully informed of the terms on which such temporary absences are authorized.

Article 39

1. Migrant workers and members of their families shall have the right to liberty of movement in the territory of the State of employment and freedom to choose their residence there.

2. The rights mentioned in paragraph 1 of the present article shall not be subject to any restrictions except those that are provided by law, are necessary to protect national security, public order (ordre public), public health or morals, or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.

Article 40

1. Migrant workers and members of their families shall have the right to form associations and trade unions in the State of employment for the promotion and protection of their economic, social, cultural and other interests.

2. No restrictions may be placed on the exercise of this right other than those that are prescribed by law and are necessary in a democratic society in the interests of national security, public order (ordre public) or the protection of the rights and freedoms of others.

Article 41

1. Migrant workers and members of their families shall have the right to participate in public affairs of their State of origin and to vote and to be elected at elections of that State, in accordance with its legislation.

2. The States concerned shall, as appropriate and in accordance with their legislation, facilitate the exercise of these rights.

Article 42

1. States Parties shall consider the establishment of procedures or institutions through which account may be taken, both in States of origin and in States of employment, of special needs, aspirations and obligations of migrant workers and members of their families and shall envisage, as appropriate, the possibility for migrant workers and members of their families to have their freely chosen representatives in those institutions.

2. States of employment shall facilitate, in accordance with their national legislation, the consultation or participation of migrant workers and members of their families in decisions concerning the life and administration of local communities.

3. Migrant workers may enjoy political rights in the State of employment if that State, in the exercise of its sovereignty, grants them such rights.

Article 43

1. Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to:

(a) Access to educational institutions and services subject to the admission requirements and other regulations of the institutions and services concerned;

(b) Access to vocational guidance and placement services;

(c) Access to vocational training and retraining facilities and institutions;

(d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents;

(e) Access to social and health services, provided that the requirements for participation in the respective schemes are met;

(f) Access to co-operatives and self-managed enterprises, which shall not imply a change of their migration status and shall be subject to the rules and regulations of the bodies concerned;

(g) Access to and participation in cultural life.

2. States Parties shall promote conditions to ensure effective equality of treatment to enable migrant workers to enjoy the rights mentioned in paragraph 1 of the present article whenever the terms of their stay, as authorized by the State of employment, meet the appropriate requirements.

3. States of employment shall not prevent an employer of migrant workers from establishing housing or social or cultural facilities for them. Subject to article 70 of the present Convention, a State of employment may make the establishment of such facilities subject to the requirements generally applied in that State concerning their installation.

Article 44

1. States Parties, recognizing that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, shall take appropriate measures to ensure the protection of the unity of the families of migrant workers.

2. States Parties shall take measures that they deem appropriate and that fall within their competence to facilitate the reunification of migrant workers with their spouses or persons who have with the migrant worker a relationship that, according to applicable law, produces effects equivalent to marriage, as well as with their minor dependent unmarried children.

3. States of employment, on humanitarian grounds, shall favourably consider granting equal treatment, as set forth in paragraph 2 of the present article, to other family members of migrant workers.

Article 45

1. Members of the families of migrant workers shall, in the State of employment, enjoy equality of treatment with nationals of that State in relation to:

(a) Access to educational institutions and services, subject to the admission requirements and other regulations of the institutions and services concerned;

(b) Access to vocational guidance and training institutions and services, provided that requirements for participation are met;

(c) Access to social and health services, provided that requirements for participation in the respective schemes are met;

(d) Access to and participation in cultural life.

2. States of employment shall pursue a policy, where appropriate in collaboration with the States of origin, aimed at facilitating the integration of children of migrant workers in the local school system, particularly in respect of teaching them the local language.

3. States of employment shall endeavour to facilitate for the children of migrant workers the teaching of their mother tongue and culture and, in this regard, States of origin shall collaborate whenever appropriate.

4. States of employment may provide special schemes of education in the mother tongue of children of migrant workers, if necessary in collaboration with the States of origin.

Article 46

Migrant workers and members of their families shall, subject to the applicable legislation of the States concerned, as well as relevant international agreements and the obligations of the States concerned arising out of their participation in customs unions, enjoy exemption from import and export duties and taxes in respect of their personal and household effects as well as the equipment necessary to engage in the remunerated activity for which they were admitted to the State of employment:

(a) Upon departure from the State of origin or State of habitual residence;

(b) Upon initial admission to the State of employment;

(c) Upon final departure from the State of employment;

(d) Upon final return to the State of origin or State of habitual residence.

Article 47

1. Migrant workers shall have the right to transfer their earnings and savings, in particular those funds necessary for the support of their families, from the State of employment to their State of origin or any other State. Such transfers shall be made in conformity with procedures established by applicable legislation of the State concerned and in conformity with applicable international agreements.

2. States concerned shall take appropriate measures to facilitate such transfers.

Article 48

1. Without prejudice to applicable double taxation agreements, migrant workers and members of their families shall, in the matter of earnings in the State of employment:

(a) Not be liable to taxes, duties or charges of any description higher or more onerous than those imposed on nationals in similar circumstances;

(b) Be entitled to deductions or exemptions from taxes of any description and to any tax allowances applicable to nationals in similar circumstances, including tax allowances for dependent members of their families. 2. States Parties shall endeavour to adopt appropriate measures to avoid double taxation of the earnings and savings of migrant workers and members of their families.

Article 49

1. Where separate authorizations to reside and to engage in employment are required by national legislation, the States of employment shall issue to migrant workers authorization of residence for at least the same period of time as their authorization to engage in remunerated activity.

2. Migrant workers who in the State of employment are allowed freely to choose their remunerated activity shall neither be regarded as in an irregular situation nor shall they lose their authorization of residence by the mere fact of the termination of their remunerated activity prior to the expiration of their work permits or similar authorizations.

3. In order to allow migrant workers referred to in paragraph 2 of the present article sufficient time to find alternative remunerated activities, the authorization of residence shall not be withdrawn at least for a period corresponding to that during which they may be entitled to unemployment benefits.

Article 50

1. In the case of death of a migrant worker or dissolution of marriage, the State of employment shall favourably consider granting family members of that migrant worker residing in that State on the basis of family reunion an authorization to stay; the State of employment shall take into account the length of time they have already resided in that State.

2. Members of the family to whom such authorization is not granted shall be allowed before departure a reasonable period of time in order to enable them to settle their affairs in the State of employment.

3. The provisions of paragraphs I and 2 of the present article may not be interpreted as adversely affecting any right to stay and work otherwise granted to such family members by the legislation of the State of employment or by bilateral and multilateral treaties applicable to that State.

Article 51

Migrant workers who in the State of employment are not permitted freely to choose their remunerated activity shall neither be regarded as in an irregular situation nor shall they lose their authorization of residence by the mere fact of the termination of their remunerated activity prior to the expiration of their work permit, except where the authorization of residence is expressly dependent upon the specific remunerated activity for which they were admitted. Such migrant workers shall have the right to seek alternative employment, participation in public work schemes and retraining during the remaining period of their authorization to work, subject to such conditions and limitations as are specified in the authorization to work.

Article 52

1. Migrant workers in the State of employment shall have the right freely to choose their remunerated activity, subject to the following restrictions or conditions.

2. For any migrant worker a State of employment may:

(a) Restrict access to limited categories of employment, functions, services or activities where this is necessary in the interests of this State and provided for by national legislation;

(b) Restrict free choice of remunerated activity in accordance with its legislation concerning recognition of occupational qualifications acquired outside its territory. However, States Parties concerned shall endeavour to provide for recognition of such qualifications.

3. For migrant workers whose permission to work is limited in time, a State of employment may also:

(a) Make the right freely to choose their remunerated activities subject to the condition that the migrant worker has resided lawfully in its territory for the purpose of remunerated activity for a period of time prescribed in its national legislation that should not exceed two years;

(b) Limit access by a migrant worker to remunerated activities in pursuance of a policy of granting priority to its nationals or to persons who are assimilated to them for these purposes by virtue of legislation or bilateral or multilateral agreements. Any such limitation shall cease to apply to a migrant worker who has resided lawfully in its territory for the purpose of remunerated activity for a period of time prescribed in its national legislation that should not exceed five years.

4. States of employment shall prescribe the conditions under which a migrant worker who has been admitted to take up employment may be authorized to engage in work on his or her own account. Account shall be taken of the period during which the worker has already been lawfully in the State of employment.

Article 53

1. Members of a migrant worker's family who have themselves an authorization of residence or admission that is without limit of time or is automatically renewable shall be permitted freely to choose their remunerated activity under the same conditions as are applicable to the said migrant worker in accordance with article 52 of the present Convention.

2. With respect to members of a migrant worker's family who are not permitted freely to choose their remunerated activity, States Parties shall consider favourably granting them priority in obtaining permission to engage in a remunerated activity over other workers who seek admission to the State of employment, subject to applicable bilateral and multilateral agreements.

Article 54

1. Without prejudice to the terms of their authorization of residence or their permission to work and the rights provided for in articles 25 and 27 of the present Convention, migrant workers shall enjoy equality of treatment with nationals of the State of employment in respect of:

(a) Protection against dismissal;

(b) Unemployment benefits;

(c) Access to public work schemes intended to combat unemployment;

(d) Access to alternative employment in the event of loss of work or termination of other remunerated activity, subject to article 52 of the present Convention.

2. If a migrant worker claims that the terms of his or her work contract have been violated by his or her employer, he or she shall have the right to address his or her case to the competent authorities of the State of employment, on terms provided for in article 18, paragraph 1, of the present Convention.

Article 55

Migrant workers who have been granted permission to engage in a remunerated activity, subject to the conditions attached to such permission, shall be entitled to equality of treatment with nationals of the State of employment in the exercise of that remunerated activity.

Article 56

1. Migrant workers and members of their families referred to in the present part of the Convention may not be expelled from a State of employment, except for reasons defined in the national legislation of that State, and subject to the safeguards established in part III.

2. Expulsion shall not be resorted to for the purpose of depriving a migrant worker or a member of his or her family of the rights arising out of the authorization of residence and the work permit.

3. In considering whether to expel a migrant worker or a member of his or her family, account should be taken of humanitarian considerations and of the length of time that the person concerned has already resided in the State of employment.

PART V: Provisions Applicable to Particular Categories of Migrant Workers and Members of their Families

Article 57

The particular categories of migrant workers and members of their families specified in the present part of the Convention who are documented or in a regular situation shall enjoy the rights set forth in part m and, except as modified below, the rights set forth in part IV.

Article 58

1. Frontier workers, as defined in article 2, paragraph 2 (a), of the present Convention, shall be entitled to the rights provided for in part IV that can be applied to them by reason of their presence and work in the territory of the State of employment, taking into account that they do not have their habitual residence in that State.

2. States of employment shall consider favourably granting frontier workers the right freely to choose their remunerated activity after a specified period of time. The granting of that right shall not affect their status as frontier workers.

Article 59

1. Seasonal workers, as defined in article 2, paragraph 2 (b), of the present Convention, shall be entitled to the rights provided for in part IV that can be applied to them by reason of their presence and work in the territory of the State of employment and that are compatible with their status in that State as seasonal workers, taking into account the fact that they are present in that State for only part of the year.

2. The State of employment shall, subject to paragraph 1 of the present article, consider granting seasonal workers who have been employed in its territory for a significant period of time the possibility of taking up other remunerated activities and giving them priority over other workers who seek admission to that State, subject to applicable bilateral and multilateral agreements.

Article 60

Itinerant workers, as defined in article 2, paragraph 2 (A), of the present Convention, shall be entitled to the rights provided for in part IV that can be granted to them by reason of their presence and work in the territory of the State of employment and that are compatible with their status as itinerant workers in that State.

Article 61

1. Project-tied workers, as defined in article 2, paragraph 2 (of the present Convention, and members of their families shall be entitled to the rights provided for in part IV except the provisions of article 43, paragraphs I (b) and (c), article 43, paragraph I (d), as it pertains to social housing schemes, article 45, paragraph I (b), and articles 52 to 55.

2. If a project-tied worker claims that the terms of his or her work contract have been violated by his or her employer, he or she shall have the right to address his or her case to the competent authorities of the State which has jurisdiction over that employer, on terms provided for in article 18, paragraph 1, of the present Convention.

3. Subject to bilateral or multilateral agreements in force for them, the States Parties concerned shall endeavour to enable project-tied workers to remain adequately protected by the social security systems of their States of origin or habitual residence during their engagement in the project. States Parties concerned shall take appropriate measures with the aim of avoiding any denial of rights or duplication of payments in this respect.

4. Without prejudice to the provisions of article 47 of the present Convention and to relevant bilateral or multilateral agreements, States Parties concerned shall permit payment of the earnings of project-tied workers in their State of origin or habitual residence.

Article 62

1. Specified-employment workers as defined in article 2, paragraph 2 (g), of the present Convention, shall be entitled to the rights provided for in part IV, except the provisions of article 43, paragraphs I (b) and (c), article 43, paragraph I (d), as it pertains to social housing schemes, article 52, and article 54, paragraph 1 (d).

2. Members of the families of specified-employment workers shall be entitled to the rights relating to family members of migrant workers provided for in part IV of the present Convention, except the provisions of article 53.

Article 63

1. Self-employed workers, as defined in article 2, paragraph 2 (h), of the pre sent Convention , shall be entitled to the rights provided for in part IV with the exception of those rights which are exclusively applicable to workers having a contract of employment.

2. Without prejudice to articles 52 and 79 of the present Convention, the termination of the economic activity of the self-employed workers shall not in itself imply the withdrawal of the authorization for them or for the members of their families to stay or to engage in a remunerated activity in the State of employment except where the authorization of residence is expressly dependent upon the specific remunerated activity for which they were admitted.

PART VI: Promotion of sound, equitable, humane and lawful conditions in connection with international migration of workers and members of their families

Article 64

1. Without prejudice to article 79 of the present Convention, the States Parties concerned shall as appropriate consult and co-operate with a view to promoting sound, equitable and humane conditions in connection with international migration of workers and members of their families.

2. In this respect, due regard shall be paid not only to labour needs and resources, but also to the social, economic, cultural and other needs of migrant workers and members of their families involved, as well as to the consequences of such migration for the communities concerned.

Article 65

1. States Parties shall maintain appropriate services to deal with questions concerning international migration of workers and members of their families. Their functions shall include, inter alia :

(a) The formulation and implementation of policies regarding such migration;

(b) An exchange of information. consultation and co-operation with the competent authorities of other States Parties involved in such migration;

(c) The provision of appropriate information, particularly to employers, workers and their organizations on policies, laws and regulations relating to migration and employment, on agreements concluded with other States concerning migration and on other relevant matters;

(d) The provision of information and appropriate assistance to migrant workers and members of their families regarding requisite authorizations and formalities and arrangements for departure, travel, arrival, stay, remunerated activities, exit and return, as well as on conditions of work and life in the State of employment and on customs, currency, tax and other relevant laws and regulations.

2. States Parties shall facilitate as appropriate the provision of adequate consular and other services that are necessary to meet the social, cultural and other needs of migrant workers and members of their families.

Article 66

1. Subject to paragraph 2 of the present article, the right to undertake operations with a view to the recruitment of workers for employment in another State shall be restricted to:

( a ) Public services or bodies of the State in which such operations take place;

( b ) Public services or bodies of the State of employment on the basis of agreement between the States concerned;

( c ) A body established by virtue of a bilateral or multilateral agreement.

2. Subject to any authorization, approval and supervision by the public authorities of the States Parties concerned as may be established pursuant to the legislation and practice of those States, agencies, prospective employers or persons acting on their behalf may also be permitted to undertake the said operations.

Article 67

1. States Parties concerned shall co-operate as appropriate in the adoption of measures regarding the orderly return of migrant workers and members of their families to the State of origin when they decide to return or their authorization of residence or employment expires or when they are in the State of employment in an irregular situation.

2. Concerning migrant workers and members of their families in a regular situation, States Parties concerned shall co-operate as appropriate, on terms agreed upon by those States, with a view to promoting adequate economic conditions for their resettlement and to facilitating their durable social and cultural reintegration in the State of origin.

Article 68

1. States Parties, including States of transit, shall collaborate with a view to preventing and eliminating illegal or clandestine movements and employment of migrant workers in an irregular situation. The measures to be taken to this end within the jurisdiction of each State concerned shall include:

(a) Appropriate measures against the dissemination of misleading information relating to emigration and immigration;

(b) Measures to detect and eradicate illegal or clandestine movements of migrant workers and members of their families and to impose effective sanctions on persons, groups or entities which organize, operate or assist in organizing or operating such movements;

(c) Measures to impose effective sanctions on persons, groups or entities which use violence, threats or intimidation against migrant workers or members of their families in an irregular situation.

2. States of employment shall take all adequate and effective measures to eliminate employment in their territory of migrant workers in an irregular situation, including, whenever appropriate, sanctions on employers of such workers. The rights of migrant workers vis-à-vis their employer arising from employment shall not be impaired by these measures.

Article 69

1. States Parties shall, when there are migrant workers and members of their families within their territory in an irregular situation, take appropriate measures to ensure that such a situation does not persist.

2. Whenever States Parties concerned consider the possibility of regularizing the situation of such persons in accordance with applicable national legislation and bilateral or multilateral agreements, appropriate account shall be taken of the circumstances of their entry, the duration of their stay in the States of employment and other relevant considerations, in particular those relating to their family situation.

Article 70

States Parties shall take measures not less favourable than those applied to nationals to ensure that working and living conditions of migrant workers and members of their families in a regular situation are in keeping with the standards of fitness, safety, health and principles of human dignity.

Article 71

1. States Parties shall facilitate, whenever necessary, the repatriation to the State of origin of the bodies of deceased migrant workers or members of their families.

2. As regards compensation matters relating to the death of a migrant worker or a member of his or her family, States Parties shall, as appropriate, provide assistance to the persons concerned with a view to the prompt settlement of such matters. Settlement of these matters shall be carried out on the basis of applicable national law in accordance with the provisions of the present Convention and any relevant bilateral or multilateral agreements.

PART VII: Application of the Convention

Article 72

1.

(a) For the purpose of reviewing the application of the present Convention, there shall be established a Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereinafter referred to as "the Committee");

(b) The Committee shall consist, at the time of entry into force of the present Convention, of ten and, after the entry into force of the Convention for the forty-first State Party, of fourteen experts of high moral standing, impartiality and recognized competence in the field covered by the Convention.

2.

(a) Members of the Committee shall be elected by secret ballot by the States Parties from a list of persons nominated by the States Parties, due consideration being given to equitable geographical distribution, including both States of origin and States of employment, and to the representation of the principal legal systems. Each State Party may nominate one person from among its own nationals;

(b) Members shall be elected and shall serve in their personal capacity.

3. The initial election shall be held no later than six months after the date of the entry into force of the present Convention and subsequent elections every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties that have nominated them, and shall submit it to the States Parties not later than one month before the date of the corresponding election, together with the curricula vitae of the persons thus nominated.

4. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting.

5.

(a) The members of the Committee shall serve for a term of four years. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties;

(b) The election of the four additional members of the Committee shall be held in accordance with the provisions of paragraphs 2, 3 and 4 of the present article, following the entry into force of the Convention for the forty-first State Party. The term of two of the additional members elected on this occasion shall expire at the end of two years; the names of these members shall be chosen by lot by the Chairman of the meeting of States Parties;

(c) The members of the Committee shall be eligible for re-election if renominated.

6. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. The new appointment is subject to the approval of the Committee.

7. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.

8. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.

9. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 73

1. States Parties undertake to submit to the Secretary-General of the United Nations for consideration by the Committee a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present Convention:

(a) Within one year after the entry into force of the Convention for the State Party concerned;

(b) Thereafter every five years and whenever the Committee so requests.

2. Reports prepared under the present article shall also indicate factors and difficulties, if any, affecting the implementation of the Convention and shall include information on the characteristics of migration flows in which the State Party concerned is involved.

3. The Committee shall decide any further guidelines applicable to the content of the reports.

4. States Parties shall make their reports widely available to the public in their own countries.

Article 74

1. The Committee shall examine the reports submitted by each State Party and shall transmit such comments as it may consider appropriate to the State Party concerned. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present article. The Committee may request supplementary information from States Parties when considering these reports.

2. The Secretary-General of the United Nations shall, in due time before the opening of each regular session of the Committee, transmit to the Director-General of the International Labour Office copies of the reports submitted by States Parties concerned and information relevant to the consideration of these reports, in order to enable the Office to assist the Committee with the expertise the Office may provide regarding those matters dealt with by the present Convention that fall within the sphere of competence of the International Labour Organisation. The Committee shall consider in its deliberations such comments and materials as the Office may provide.

3. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to other specialized agencies as well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.

4. The Committee may invite the specialized agencies and organs of the United Nations, as well as intergovernmental organizations and other concerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the present Convention as fall within the scope of their activities.

5. The International Labour Office shall be invited by the Committee to appoint representatives to participate, in a consultative capacity, in the meetings of the Committee.

6. The Committee may invite representatives of other specialized agencies and organs of the United Nations, as well as of intergovernmental organizations, to be present and to be heard in its meetings whenever matters falling within their field of competence are considered.

7. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention, containing its own considerations and recommendations, based, in particular, on the examination of the reports and any observations presented by States Parties.

8. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention, the Economic and Social Council, the Commission on Human Rights of the United Nations, the Director-General of the International Labour Office and other relevant organizations.

Article 75

1. The Committee shall adopt its own rules of procedure.

2. The Committee shall elect its officers for a term of two years.

3. The Committee shall normally meet annually.

4. The meetings of the Committee shall normally be held at United Nations Headquarters.

Article 76

1. A State Party to the present Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Convention. Communications under this article may be received and considered only if submitted by a State Party that has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

(a) If a State Party to the present Convention considers that another State Party is not fulfilling its obligations under the present Convention, it may, by written communication, bring the matter to the attention of that State Party. The State Party may also inform the Committee of the matter. Within three months after the receipt of the communication the receiving State shall afford the State that sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where, in the view of the Committee, the application of the remedies is unreasonably prolonged;

(d) Subject to the provisions of subparagraph ( c ) of the present paragraph, the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of the respect for the obligations set forth in the present Convention;

(e) The Committee shall hold closed meetings when examining communications under the present article;

(f) In any matter referred to it in accordance with subparagraph ( b ) of the present paragraph, the Committee may call upon the States Parties concerned, referred to in subparagraph ( b ), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph ( b ) of the present paragraph, shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b) of the present paragraph, submit a report, as follows:

(i) If a solution within the terms of subparagraph (d) of the present paragraph is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (d) is not reached, the Committee shall, in its report, set forth the relevant facts concerning the issue between the States Parties concerned. The written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. The Committee may also communicate only to the States Parties concerned any views that it may consider relevant to the issue between them.

In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of the present article shall come into force when ten States Parties to the present Convention have made a declaration under paragraph 1 of the present article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter that is the subject of a communication already transmitted under the present article; no further communication by any State Party shall be received under the present article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 77

1. A State Party to the present Convention may at any time declare under the present article 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 their individual rights as established by the present Convention have been violated by that State Party. No communication shall be received by the Committee if it concerns a State Party that has not made such a declaration.

2. The Committee shall consider inadmissible any communication under the present article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of the present Convention.

3. The Committee shall not consider any communication from an individual under the present article unless it has ascertained that:

(a) The same matter has not been, and is not being, examined under another procedure of international investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this shall not be the rule where, in the view of the Committee, the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to that individual.

4. Subject to the provisions of paragraph 2 of the present article, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to the present Convention that has made a declaration under paragraph 1 and is alleged to be violating any provisions of the Convention. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

5. The Committee shall consider communications received under the present article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned.

6. The Committee shall hold closed meetings when examining communications under the present article.

7. The Committee shall forward its views to the State Party concerned and to the individual.

8. The provisions of the present article shall come into force when ten States Parties to the present Convention have made declarations under paragraph 1 of the present article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter that is the subject of a communication already transmitted under the present article; no further communication by or on behalf of an individual shall be received under the present article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party has made a new declaration.

Article 78

The provisions of article 76 of the present Convention shall be applied without prejudice to any procedures for settling disputes or complaints in the field covered by the present Convention laid down in the constituent instruments of, or in conventions adopted by, the United Nations and the specialized agencies and shall not prevent the States Parties from having recourse to any procedures for settling a dispute in accordance with international agreements in force between them.

PART VIII: General provisions

Article 79

Nothing in the present Convention shall affect the right of each State Party to establish the criteria governing admission of migrant workers and members of their families. Concerning other matters related to their legal situation and treatment as migrant workers and members of their families, States Parties shall be subject to the limitations set forth in the present Convention.

Article 80

Nothing in the present Convention shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Convention.

Article 81

1. Nothing in the present Convention shall affect more favourable rights or freedoms granted to migrant workers and members of their families by virtue of:

(a) The law or practice of a State Party; or

(b) Any bilateral or multilateral treaty in force for the State Party concerned.

2. Nothing in the present Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act that would impair any of the rights and freedoms as set forth in the present Convention.

Article 82

The rights of migrant workers and members of their families provided for in the present Convention may not be renounced. It shall not be permissible to exert any form of pressure upon migrant workers and members of their families with a view to their relinquishing or foregoing any of the said rights. It shall not be possible to derogate by contract from rights recognized in the present Convention. States Parties shall take appropriate measures to ensure that these principles are respected.

Article 83

Each State Party to the present Convention undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any persons seeking such a remedy shall have his or her claim reviewed and decided by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 84

Each State Party undertakes to adopt the legislative and other measures that are necessary to implement the provisions of the present Convention.

PART IX: Final provisions

Article 85

The Secretary-General of the United Nations is designated as the depositary of the present Convention.

Article 86

1. The present Convention shall be open for signature by all States. It is subject to ratification.

2. The present Convention shall be open to accession by any State.

3. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.

Article 87

1. The present Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of the twentieth instrument of ratification or accession.

2. For each State ratifying or acceding to the present Convention after its entry into force, the Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of its own instrument of ratification or accession.

Article 88

A State ratifying or acceding to the present Convention may not exclude the application of any Part of it, or, without prejudice to article 3, exclude any particular category of migrant workers from its application.

Article 89

1. Any State Party may denounce the present Convention, not earlier than five years after the Convention has entered into force for the State concerned, by means of a notification in writing addressed to the Secretary-General of the United Nations.

2. Such denunciation shall become effective on the first day of the month following the expiration of a period of twelve months after the date of the receipt of the notification by the Secretary-General of the United Nations.

3. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.

4. Following the date at which the denunciation of a State Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State.

Article 90

1. After five years from the entry into force of the Convention a request for the revision of the Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting shall be submitted to the General Assembly for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties in accordance with their respective constitutional processes.

3. When amendments come into force, they shall be binding on those States Parties that have accepted them, other States Parties still being bound by the provisions of the present Convention and any earlier amendment that they have accepted.

Article 91

1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of signature, ratification or accession.

2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received.

Article 92

1. 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. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State Party may at the time of signature or ratification of the present Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of the present article. The other States Parties shall not be bound by that paragraph with respect to any State Party that has made such a declaration.

3. Any State Party that has made a declaration in accordance with paragraph 2 of the present article may at any time withdraw that declaration by notification to the Secretary-General of the United Nations.

Article 93

1. The present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Convention to all States.

In witness whereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

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

A UK-based team of scientists and engineers has developed the world’s first carbon-14 diamond battery, capable of delivering micropower for thousands of years.

Bristol University/UKAEA

The battery uses the radioactive isotope carbon-14 – known for its role in carbon dating – to generate small amounts of electricity through radioactive decay. With a half-life of 5,700 years, the isotope could potentially power low-wattage devices almost indefinitely.

Possible applications include biocompatible batteries for medical devices like ocular implants and pacemakers, eliminating the need for surgical intervention when batteries reach end-of-life. Carbon-14 diamond batteries could also be used in extreme environments, for example in radio tags to track payloads in deep space.

The battery was developed via a collaboration of Bristol University with the UK Atomic Energy Authority (UKAEA). Harnessing UKAEA’s fusion research, scientists and engineers from both organisations worked together to build a plasma deposition rig, a specialised apparatus used for growing the diamond at UKAEA’s Culham Campus.

“Diamond batteries offer a safe, sustainable way to provide continuous microwatt levels of power,” said Sarah Clark, director of Tritium Fuel Cycle at UKAEA.

“They are an emerging technology that use a manufactured diamond to safely encase small amounts of carbon-14.”

MORE FROM ENERGY & ENVIRONMENT

Having developed the concept for the battery, the Bristol team approached UKAEA for its materials expertise, in particular its knowledge around encapsulating hydrogen isotopes for the fusion fuel cycle. Together, the team then developed the deposition rig, which created the thin layers of diamond that envelop the carbon-14 isotope in the battery. Electrons generated by the isotope’s decay pass through the diamond - which is a semiconductor material – generating the battery’s electrical current.

Plasma Deposition Rig During Diamond Battery Run At UKAEA's Culham Campus - Bristol University/UKAEA

“No one has ever done this before,” said Professor Tom Scott, Professor in Materials at Bristol University. “We can offer a technology where you never have to replace the battery, because the battery will literally, on human timescales, last forever.

“Our micropower technology can support a whole range of important applications from space technologies and security devices through to medical implants. We're excited to be able to explore all of these possibilities, working with partners in industry and research, over the next few years.”

Source: https://www.theengineer.co.uk/content/news/carbon-14-diamond-battery-could-work-forever?utm_source=https://t.me/concertzaal&utm_content=post

But what makes a good lawyer? It’s not an easy job, and not everyone is cut out for it. The American Bar Foundation (ABF) found that approximately a quarter of lawyers leave the profession within the first seven years. A legal degree can also be applied to a multitude of professional environments and careers. But for anyone that wants to know how to find a good lawyer or how to be a good lawyer it’s crucial to consider the key factors that make today’s attorneys successful. Below are ten traits that are common to the best lawyers in the United States.

Passion for the Job

As a starting point, successful lawyers almost always have a true passion for their job. You have probably heard popular cliches like “choose a job you love and you will never work a day in your life”. Of course, we all know that in the real world it’s not quite that simple. At the same time, there is a wide body of scientific evidence that demonstrates the importance of passion for your work. Some have an already developed enthusiasm for lifelong learning, but as noted by Deloitte, one of the keys to talent development is cultivating worker passion. In other words, people who are passionate about what they are doing are happier, more fulfilled, and they perform better. If you have a passion for serving people and an interest in the law, you should consider applying for admission into law school.

Compassion for Clients

Without compassion for their clients, a lawyer will never reach their true professional potential. The top legal minds in the field almost invariably highlight compassion and service when they offer advice to law students and aspiring lawyers. For example, as reported by the Columbia Daily Spectator, Supreme Court Justice Ruth Bader Ginsburg told law students that they should try to use their degree to “make things a little better for other people”. A lawyer who is committed to representing and helping their clients is likely to find meaning and success in their professional life.

Great Communication Skills

On a fundamental level, attorneys are communicators. They communicate with their clients, they communicate with other parties to the case, and they communicate with the court. Beyond that, lawyers communicate in a wide range of different ways. A great lawyer knows how to get important ideas across in formal legal writing, in informal emails, in phone conversations, through discussions in official legal settings, and in private conversations. Law students and aspiring lawyers should never miss an opportunity to sharpen their communication skills. It’s not just about the law, it’s also about the business. As noted by the American Bar Association (ABA), the average American law firm spends a considerable amount of time attracting and retaining clients. Lawyers need to know how to network with potential clients and how to demonstrate their professional capabilities in consultations with prospective clients. Remember, the greatest legal mind in the world will not be able to use their skills until they get hired.

Willingness to Listen

One of the most underrated traits shared by almost every successful attorney is a strong ability and willingness to listen. Although strong listening is a part of overall communication skills, it’s important to highlight listening as its own professional trait. Effective communication is a two-way street. Too many people fail to put in the time and energy to fully understand and comprehend what the other party is saying. When you truly open up your ears, you will probably recognize that people are giving you even more information that you thought. Listening to your clients, listening to witnesses, listening to your opposing counsel, and listening to the court can be the difference between winning and losing a case. Great lawyers take in all relevant information, analyze it, and create a plan of action.

Knowledge of the Law

Imagine that you were hurt in a truck accident on a local highway. You would probably want to turn to an experienced personal injury lawyer. If you’re considering starting a company and want guidance on corporate formation, you will undoubtedly want to find an experienced business attorney. While successful lawyers share many common traits, they may rely on a distinct body of law. The legal knowledge needed to be an effective corporate litigator is far different than the legal knowledge needed to help a California couple pursue a private adoption. Great lawyers know their area of practice. Some of this knowledge comes from experience. Some of it comes from education. If you are currently pursuing your legal education, you will want to find the right law school classes that will be the most useful for you in your future practice.

Strong Writing Ability

One of the single defining traits that all successful attorneys share is excellent writing skills. Don’t be fooled by the flashy procedurals that are ever popular on television, the vast majority of lawyers spend far more time writing than they do in oral arguments. Successful lawyers must be able to prepare effective, clear, and well-reasoned legal documents. If you want to take action now that will help you become a better lawyer in the future, focus on sharpening your writing skills. An attorney who can tell a compelling story that weaves in all of the relevant facts and arguments is an attorney that will be successful for a long time.

Creativity

When you think about the job of an attorney, creativity may not be the first trait that comes to your mind. However, contrary to the popular conceptions of most people, successful attorneys are often highly creative people. The law is not purely a science. There is an art to effective legal practice. Remember, each client that an attorney deals with will have their own unique set of goals, objectives, and concerns. In some cases, ‘outside-the-box’ thinking can help craft a solution that the client may never even realize was possible. Successful lawyers know how to tailor their creativity to suit every situation. All cases should be approached with an open mind.

Good Judgment

At times, lawyers are required to make judgements — both for themselves and for their clients. For instance, a lawyer may have to decide whether a legal claim is worth pursuing at all. Alternatively, an attorney may be involved deep in settlement negotiations and their client may ask them for their opinion on a proposed deal. To be clear, the client is ultimately responsible for making a choice, but it’s the lawyer’s job to make sure that the client knows and understands all relevant information so that they can make an informed decision. An attorney who lacks good judgement is an attorney who will not last very long in the field.

A Healthy Skepticism

Every successful attorney maintains a healthy skepticism. This does not mean that you need to be a pessimist or a negative person, but it does mean that you need to be aware of the fact that what you are being told might not represent the full story. Many experienced lawyers have stories about mistakes they made when they were just starting out in the field. A common error that almost every seasoned lawyer has made at least once involves believing someone without getting proper verification. In too many cases, clients and witnesses will leave out important details. As a result, the attorney is set up for an unfortunate surprise down the road. Successful attorneys always maintain that healthy skepticism. If something sounds ‘wrong’ or ‘off’, they take the time to verify the information.

Perseverance

Finally, successful lawyers know how to persevere. The law is a tough field. There is no reason to sugar coat it; practicing law can be one of the most rewarding and meaningful careers out there, but it’s also a lot of work. As is true with any profession, success requires effort. There will be difficult days. You may be stuck dealing with a client who is making your life unnecessarily hard, an opposing counsel who is being rude for no reason, or a judge who rules the wrong way on a key procedural matter. You may simply be frustrated because you spilled hot coffee on your shirt that morning. It happens. What sets successful attorneys apart from ordinary attorneys is that they know how to persevere through the challenging times to get to the rewarding and meaningful moments that make it all worth it.

About the Author
Ramzy Ladah is the founder and lead attorney at Ladah Law Firm, PLLC. A personal injury firm focused on maximizing financial recovery and overall client satisfaction, the Ladah Law Firm is based in Las Vegas, Nevada.

Credits:https://www.alu.edu/alublog/what-makes-a-good-lawyer/

The England and Wales High Court has held that the UK Government has a positive duty to take steps to ensure that a United Kingdom resident about whom the UK Government had exculpatory material had access to that material for the purpose of defending charges under the US Military Commissions Act of 2006.

Facts

Binyan Mohamed, a United Kingdom resident (but not a British national) was arrested in Pakistan in 2002 and has been held by the US in Guantanamo bay since September 2004. In August 2007, the UK requested his return from the US. This request was declined.

In May 2008, he was charged with offences for which he could face the death penalty under the US Military Commissions Act of 2006. Mr Mohamed contended that the evidence against him is inadmissible because it was obtained while he was detained for two years, during a period in which he was subjected to torture and cruel, inhuman or degrading treatment by Pakistani and Moroccan authorities, with the connivance of the US Government, as well as to such treatment by the US Government itself.

Mr Mohamed applied to the High Court of England and Wales for an order against the UK Foreign Secretary for the disclosure of information in confidence to his lawyers in the Guantanamo Bay proceedings, on the basis it could support his contention as to the inadmissibility of the evidence against him. The information had been requested, but the Foreign Secretary refused to provide it, stating that he was under no duty to do so, and citing concerns about potential damage to national security.

The Foreign Secretary did identify documents which could be considered exculpatory; informed Mr Mohamed’s lawyers of this; and provided them to the US Government. However the documents had not been made available in the Military Commission proceedings to Mr Mohamed’s lawyers.

Decision

The Court found there was a duty to disclose the information, applying the principle set down in a commercial case — Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133. In that case, the House of Lords held that if a person is involved in the tortious acts of others so as to facilitate their wrongdoing, he or she may come under a duty to assist the person who has been wronged by (among other things) giving him or her information.

In applying that case, the Administrative Court identified five issues:

• was there (arguable) wrongdoing;
• was the UK Government, however innocently, involved in the arguable wrongdoing;
• was the information necessary;
• was the information sought within the scope of the available relief; and
• should the Court exercise its discretion in favour of granting relief?

In respect of these five issues:

• the Foreign Secretary conceded there was an arguable case of wrongdoing, which was sufficient;
• the Court found the facilitative conduct of UK intelligence service was sufficient involvement;
• the information was not merely necessary, but essential if Mr Mohamed was to have a fair trial by the Military Commission;
• specific information was held to fall within the scope of available relief, but not more general information; and
• the Court decided to exercise its discretion, noting that relief under the Norwich Pharmaceuticals principles was an exceptional remedy and its application in these circumstances unprecedented.

Notwithstanding the decision to exercise its discretion, the Court gave the Foreign Secretary the opportunity to file a public interest immunity certificate (‘PII Certificate’), prior to a further hearing on 27 August. It is ultimately for the Court to determine, having reviewed any PII Certificate, whether the public interest immunity applies to exempt documents from disclosure.

The Foreign Secretary filed a PII Certificate, citing concerns about future intelligence-sharing with the US. The Court, in a second judgment published on 29 August 2008, noted that the US Convening Authority had requested the relevant documents, which would therefore be disclosed to Mr Mohamed’s lawyers if charges were brought: this was all the High Court could have achieved in any event. However, it required the Foreign Secretary to file a second PII Certificate which addressed the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment, an issue which the Court considered was not addressed either expressly or implicitly in the PII Certificate.

The Court gave the Foreign Secretary until 5 September to file a further PII Certificate, after which it would decide whether the public interest immunity applies. A final decision had not been made at the time of writing this case note, but is expected imminently.

The decision is available at http://www.judiciary.gov.uk/docs/judgments_guidance/mohamed_full210808.pdf.

Emrys Nekvapil is a member of the Mallesons Stephen Jaques Human Rights Law Group

Credits: https://www.hrlc.org.au/human-rights-case-summaries/r-b-mohamed-v-foreign-secretary-2008-ewhc-2048-admin-21-august-2008

Summary

Division 105A of the Criminal Code 1995 (Cth) empowers a court to make an order to keep a terrorist offender imprisoned after the expiry of their sentence where they pose an unacceptable risk of committing certain offences if released into the community. By majority (5:2), the High Court held that this power was within the judicial power of the Commonwealth.

Facts

On 15 September 2008, Abdul Nacer Benbrika was convicted of two terrorism offences. His sentence was due to expire on 5 November 2020. At trial, the Crown case was that Benbrika was a member of a terrorist organisation that fostered or prepared to do a terrorist act in Australia or overseas with the intention of causing death or serious physical harm in order to advance their cause, and that he had provided instruction in violent jihad to members of a terrorist organisation who had taken an oath of allegiance to him. Pre-empting his impending release, on 4 September 2020 the Minister for Home Affairs sought a continuing detention order until 5 November 2023 from the Supreme Court of Victoria. An interim order was made on 27 October 2020, with a final order made on 24 December 2020 under Division 105A.7(1) of the Criminal Code 1995 (Cth) for a period of three years.

Benbrika challenged the validity of Division 105A on the basis that the power to make a continuing detention order was not within the judicial power of the Commonwealth and therefore had been conferred on the Supreme Court of Victoria contrary to Chapter III of the Constitution and requested that this question be reserved for the Court of Appeal of the Supreme Court of Victoria. Benbrika was then removed to the High Court of Australia.

Decision

There were four judgments in Benbrika: the joint judgment of Kiefel CJ, Bell, Keane and Steward JJ and the judgment of Edelman J who held that Division 105A was within judicial power; and Gageler J and Gordon J who separately dissented.

Kiefel CJ, Bell, Keane and Steward JJ held that Division 105A.7 was not contrary to Chapter III of the Constitution. Their Honours relied on the principle in Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 that judicial power to order involuntary imprisonment is generally only allowed as a consequence of a judgment of criminal guilt (the "Lim principle"), subject to some exceptions. Their Honours applied Fardon v Attorney-General (Qld) (2004) 223 CLR 575 to conclude that non-punitive imprisonment for the purpose of protecting the community from harm is an exception to the Lim principle which falls within judicial power and can be validly conferred on a Chapter III Court. Relying on the concept of "unacceptable risk", their Honours reasoned that Division 105A requires there to be a threat of harm to members of the community that is sufficiently serious to make the risk of an offence "unacceptable" before the Court can exercise its power to make a continuing detention order. It followed that although Division 105A gives the Court the power to order detention in prison, the purpose of this power is to protect the community from harm caused by terrorism rather than to punish an offender. As this power is protective and non-punitive it therefore falls within an exception to the Lim principle and is within the judicial power of a Chapter III Court.

Edelman J agreed that a continuing detention order under Division 105 falls within judicial power, but his reasoning differed significantly from that of the joint judgment in that he disagreed that Division 105 fell within an exception to the Lim principle as it was a non-punitive order to protect the public. Instead, his Honour argued that there was no part of Division 105A that was contrary to Chapter III of the Constitution because Division 105 involves notions sufficiently similar to traditional criminal punishment to fall within the sphere of power that is exclusively judicial. In his reasoning, his Honour also considered that the power to order continuing detention under Division 105A.7 is "exclusively judicial" because it is a power conferred only upon the judiciary in the form of judicial power and it is a power to be exercised only judicially. Moreover, his Honour noted that there would only be extreme circumstances where "the purpose for the protective punishment … is so slight or trivial … that it cannot justify detention", and accordingly that the Court should not intervene.

Gageler J, in dissent, held that Division 105A is not wholly compatible with Chapter III of the Constitution. His Honour noted that Lim required that detention otherwise than as a result of the adjudgment and punishment of criminal guilt must be "reasonably capable of being seen as necessary for a legitimate non-punitive objective". His Honour said that there were some "exceptional" cases in which the prevention of harm would constitute a non-punitive objective, and that these included cases where the relevant harm was grave and specific, but not merely where the objective of detention was preventing commission of a criminal offence. Relying on consideration of the ends and means of the legislation, Gageler J limited the validity of Division 105A to only offences that were to protect against the "doing or supporting or facilitating" of a terrorist act.

Gordon J, in dissent, held that Division 105A was wholly invalid because the power to make a continuing detention order was contrary to Chapter III of the Constitution. Her Honour said that this was an issue of statutory construction and that the substantive criteria to make an order was not sufficiently tailored to the purpose of Division 105A. Within this, Gordon J argued that there was a very broad range of harms that may be caused by the commission of a serious offence under Part 5.3. In fact, the satisfaction of "unacceptable risk" required of the relevant Supreme Court was not with respect to the harm caused to the community (and instead was to whether the offender would commit an offence at all).

Commentary

It is not in doubt that "[t]errorism poses a singular threat to civil society": [36]. But Benbrika is emblematic of a fundamental tension between ensuring the community is safe and committing someone to detention on what Gageler J termed a "prophylactic" basis. From a human rights perspective, it is difficult to apply a bright-line test that can delineate between acts that pose an unacceptable risk of harm to the community and those that do not. This is because the terms of Division 105A lack specificity and instead revert to the broad objective of preventing commission of a criminal offence. Where, for example, the acts are preparatory and are far-removed from the incident of grave harm, Division 105A places the assessment of risk of harm to the community in the hands of the Court. In so doing, there is a substantial risk that the cornerstone of criminal justice – considering whether past conduct constitutes a criminal offence – could waver.

There is a separate issue of the extent to which Chapter III of the Constitution should protect the liberty of Australians. Kiefel CJ, Bell, Keane and Steward JJ state that Chapter III Courts are a "bulwark of liberty" through the operation of an independent judiciary and Edelman J notes that there is no "independent constitutional principle of individual liberty" that would not allow the State to deprive liberties in certain situations. In contrast, Gageler J and Gordon J require a specific and narrow connection between the means and ends of the detention and its (legitimate) purpose. But it may be that the majority were correct in observing that even if there is no independent guarantee of liberty, the judiciary are able to only impinge on the liberty of Australians in matters that pose extreme risk of harm to the community.

The full text of the decision is available here.

Credits: https://www.hrlc.org.au/human-rights-case-summaries/2021/8/30/high-court-upholds-power-to-detain-terrorist-offenders-beyond-the-expiry-of-their-sentence

Pro 1

The death penalty provides the justice and closure families and victims deserve.

Many relatives of murder victims believe the death penalty is just and necessary for their lives to move forward. Jason Johnson, whose father was sentenced to death for killing his mother, states: “[I will go to see him executed] not to see him die [but] just to see my family actually have some closure… He’s an evil human being. He can talk Christianity and all that. That is all my father is. That’s all he’s ever been, is a con man… If he found redemption, that doesn’t matter, that’s between him and God. His forgiveness is to come from the Lord and his redemption is to come from the Lord, not the government. The Bible also says, ‘An eye for an eye.’” [17] Phyllis Loya, mother of police officer Larry Lasater who was killed in the line of duty, states, “I will live to see the execution of my son’s murderer. People [need] closure, and I think it means different things to different people. What it would mean for me is that my fight for justice for my son would be complete when his sentence, which was [handed down] by a Contra Costa County jury and by a Contra Costa County judge, would be carried out as it should be.” [18] While some argue that there is no “closure” to be had in such tragedies and via the death penalty, victim families think differently. Often the families of victims have to endure for years detailed accounts in the press and social media of their loved one’s gory murder while the murderer sits out a life sentence or endlessly appeals their conviction. A just execution puts an end to that cycle. As Oklahoma Attorney General John O’Connor explains, “The family of each murder victim suffers unspeakable pain when their loved one is murdered. Those wounds are torn open many times during the following decades, as the investigations, trials, appeals, and pardon and parole board hearings occur. Each stage brings torment and yet a desire for justice for the heinous treatment of their family member. The family feels that the suffering and loss of life of the victim and their own pain are forgotten when the murderer is portrayed in the media as a sympathetic character. The family knows that the execution of the murderer cannot bring their loved one back. They suspect it will not bring them ‘closure’ or ‘finality’ or ‘peace,’ but there is justice and perhaps an end to the ongoing wounding by ‘the murderer and then the system.’” [19]

Pro 2

The death penalty prevents additional crime.

If not a deterrent to would-be murderers, at the very least, when carried out, the death penalty prevents convicted murderers from repeating their crimes. “Perhaps the most straightforward argument for the death penalty is that it saves innocent lives by preventing convicted murderers from killing again. If the abolitionists had not succeeded in obtaining a temporary moratorium on death penalties from 1972 to 1976, [Kenneth Allen] McDuff would have been executed, and Colleen Reed and at least eight other young women would be alive today,” explains Paul Cassell, former U.S. District Judge. [15] Kenneth Allen McDuff was convicted and sentenced to death in 1966 for the murders of three teenagers and the rape of one. However, the U.S. Supreme Court invalidated the death penalty nationwide in 1972 (Furman v. Georgia), leading to a reduced sentence and McDuff being released on parole in 1989. An estimated three days later, he began a crime spree: torturing, raping, and murdering at least six women in Texas before being arrested again on May 4, 1992, and sentenced to death a second time. Had McDuff been executed as justice demanded for the first three murders, at least six murders would have been prevented. [15] [16] Considering recidivism rates, how many more murders and associated crimes of kidnaping, rape, and torture, among others could have been deterred had the death penalty been imposed on any number of murderers?

Pro 3

The death penalty is the only moral and just punishment for the worst crimes.

Talion law (lex talionis in Latin), or retributive law, is perhaps best known as the Biblical imperative: “Anyone who inflicts a permanent injury on his or her neighbor shall receive the same in return: fracture for fracture, eye for eye, tooth for tooth. The same injury that one gives another shall be inflicted in return.” [8] [9] The word “retribution” comes from the Latin re + tribuo, or “I pay back.” In order for those who commit the worst crimes to pay their debts to society, the death penalty must be employed as punishment, or the debt has not been paid. [10] “Retribution is an expression of society’s right to make a moral judgment by imposing a punishment on a wrongdoer befitting the crime he has committed,” says Charles Stimson of the Heritage Foundation. Therefore, “the death penalty should be available for the worst of the worst,” regardless of the race or gender of the victim or perpetrator. [11] Thus, “retributionists who support the death penalty typically do not wish to expand the list of offenses for which it may be imposed. Their support for the death penalty is only for crimes defined as particularly heinous, because only such criminals deserve to be put to death. Under lex talionis it is impermissible to execute those whose crimes do not warrant the ultimate sanction,” explains Jon’a F. Meyer, professor at Rutgers University. “The uniform application of retributive punishment is central to the philosophy.” [12] As Robert Blecker, professor emeritus at New York Law School, further clarifies, “retribution is not simply revenge. Revenge may be limitless and misdirected at the undeserving, as with collective punishment. Retribution, on the other hand, can help restore a moral balance. It demands that punishment must be limited and proportional. Retributivists like myself just as strongly oppose excessive punishment as we urge adequate punishment: as much, but no more than what’s deserved. Thus I endorse capital punishment only for the worst of the worst criminals.” [13] “Sometimes, justice is dismissing a charge, granting a plea bargain, expunging a past conviction, seeking a prison sentence, or — in a very few cases, for the worst of the worst murderers — sometimes, justice is death…A drug cartel member who murders a rival cartel member faces life in prison without parole. What if he murders two, three, or 12 people? Or the victim is a child or multiple children? What if the murder was preceded by torture or rape? How about a serial killer? Or a terrorist who kills dozens, hundreds or thousands?” asks George Brauchler, District Attorney of the 18th Judicial District in Colorado. The nature of the crime, and the depth of its depravity, should matter.

Con 1

Not only is the death penalty not a deterrent to crime, it is very expensive.

Advocates for capital punishment long argued that it deters crime, other criminal acts, but according to the ACLU, “There is no credible evidence that the death penalty deters crime more effectively than long terms of imprisonment. States that have death penalty laws do not have lower crime rates or murder rates than states without such laws. And states that have abolished capital punishment show no significant changes in either crime or murder rates.” [24] “People commit murders largely in the heat of passion, under the influence of alcohol or drugs, or because they are mentally ill, giving little or no thought to the possible consequences of their acts,” the ACLU continues. “The few murderers who plan their crimes beforehand… intend and expect to avoid punishment altogether by not getting caught. Some self-destructive individuals may even hope they will be caught and executed.” [24] Further, the death penalty is significantly more expensive than life-without-parole, the oft-shunned alternative penalty. The death penalty system costs California $137 million per year while a system with lifelong imprisonment as the maximum penalty would cost $11.5 million, an almost 92% decrease in expense. The statistics are lower but comparable across other states including Kansas, Tennessee, and Maryland. [25] And this money has to come from somewhere, most often at the expense of taxpayers. In Texas, executions are funded “by raising property tax rates and by reducing public safety expenditure. Property crime rises as a consequence of the latter,” explains Jeffrey Miron of the Cato Institute. [26]

Con 2

The death penalty is steeped in poor legal assistance and racial bias.

The Equal Justice Initiative explains that the “death penalty system treats you better if you’re rich and guilty than if you’re poor and innocent,” resulting in the punishment being ”mostly imposed on poor people who cannot afford to hire an effective lawyer” while “people of color are more likely to be prosecuted for capital murder, sentenced to death, and executed, especially if the victim in the case is white.” [20] The American Bar Association sets minimum qualifications for capital case lawyers, yet most death penalty states do not require lawyers to meet even those requirements, leaving defendants without the means to hire a private lawyer to face the court with inadequate counsel. [20] Further, erroneous eyewitness identifications, false and coerced confessions, false or misleading forensic evidence, misconduct by police, prosecutors, or other officials, and incentivized witnesses taint death row cases. [21] For every eight people on death row, one of them has later been found innocent. [20] The death penalty is inconsistently applied and most often applied to Black men who have killed a white person. While Black people made up only 13% of the American population in 2018, 41% of people on death row and 34% of those executed were Black. [20] This inequality should not be surprising considering the roots of the death penalty. Bryan Stevenson, capital defense attorney and founder of the Equal Justice Initiative, refers to the death penalty as the “stepchild of lynching.” [22] As journalist Josh Marcus explains, “Following the end of the Reconstruction period, which saw federal troops occupy the former Confederate states and enforce new legal and constitutional protections for Black people, lynching surged in the late 1800s, until it became all but a daily occurrence across America. Lynchings sometimes involved government officials like local law enforcement, and government officials began arguing for capital punishment as an alternative. It would still satiate the public’s appetite for violence against Black people, but under the auspices of the law, which at the time allowed for explicit racial segregation in all areas of life.” [22] A survey of executions found that 80% of executions occur in former Confederate states and mirror historic lynching sites. [22] [23] 7/7 “We should be beyond the point of killing people for killing people. It’s so archaic,” concludes Rachel Sutphin, whose father Eric, a Deputy Sheriff in Virginia, was killed by an escaped prisoner who was, in turn, executed by lethal injection. [23]

Con 3

The death penalty is immoral and amounts to torture.

Many religions, from Catholicism to Judaism, not only oppose the death penalty but also call for its worldwide abolition. “Murder is calculated, unjustified and intentional taking of life. When we, under the supposed color of law, deliberate, decide, and plan the purposeful extinguishing of human life, we commit murder. The death penalty is murder,” explains Rabbi and former Assistant Ohio Public Defender Benjamin Zober. “We are commanded, ‘justice, justice, shall you pursue.’ (Deut. 16:20) We cannot do this by taking lives, acting in anger, or vengeance, or by creating more bloodshed, trauma, and pain…. There is a world in every person, every life…. ‘Anyone who destroys a life is considered by Scripture to have destroyed an entire world; and anyone who saves a life is as if he saved an entire world.’ (Mishnah Sanhedrin 4:5).” [27] Robert Schentrup, brother of 16-year-old Carmen who died in the Marjory Stoneman Douglas High School mass shooting in Parkland, Florida, in 2018 says, “This is the part where pundits on TV will invoke the name of my sister to support the murder of another human being. This is the part where people try to convince me that vengeance should make me feel better and that it will bring me ‘closure’ so that ‘I can continue to heal. But I do not … care, because my sister is dead, and killing someone else will not bring her back.” [28] Further, while the death penalty ultimately takes a life, the condemned person is subjected to what is otherwise considered physical and psychological torture before death. As law professor John Bessler explains “The death penalty, in fact, always and inevitably inflicts severe pain and suffering rising to the level of torture. That’s because capital charges and death sentences systematically threaten individuals with death (and, when death warrants against individuals are carried out, kill), with torture—prohibited by various domestic laws in addition to the bar in international law—considered to be the aggravated form of cruel, inhuman, or degrading treatment or punishment.” [29] Certain methods of execution are especially tortuous: consider the 2024 nitrogen hypoxia execution of Kenneth Smith, which inflicted an intense struggle for air before he died 22 minutes after the execution began. In the United States, cruel punishment is explicitly banned by the Constitution’s Eighth Amendment. [29] [30]

After 2022 was designated the hottest in 122 years, extreme heat has appeared early again this year with over 60% of India recording above-normal maximum temperatures for April, according to the country’s Meteorological Department. El Niño, a natural climate event that can increase global temperatures, is also expected to occur this year.

The increasing frequency of such deadly heatwaves could halt or even reverse India’s progress in reducing poverty, food and income security and gender equality, harming the quality of life for over 1.4 billion Indians.

As a natural phenomenon, extreme heat is projected to occur once every 30 years or so in the Indian subcontinent. This is no longer the case thanks to man-made climate change. India has suffered over 24,000 heatwave-related deaths since 1992 alone, with the May 1998 heatwave being one of the most devastating as it claimed over 3,058 lives.

During the May 2010 heatwaves, temperatures in the western city of Ahmedabad reached 47.8°C and raised heat-related hospital admissions of newborns by 43%, prompting the city to become one of the country’s first to implement a heat action plan meant to guide preparations and emergency responses to heatwaves which has since saved thousands of lives. The 2015 heatwave killed over 2,330 people and prompted the government ministry for disaster management to set guidelines for preventing deaths during heatwaves and push Indian states to develop their own plans.

Failure to implement these strategies may stymie India’s economic progress. If proper heat action plans are not developed, excessive heat could cost India 2.8% and 8.7% of its GDP by 2050 and 2100, respectively. This is a worrying trend, especially given India’s goal of becoming a 10-trillion-dollar economy by 2030.

A ‘real-feel’ measure

Heat action plans are only useful if they can represent the consequences of heatwaves over the entire population. For Indian authorities to recognise when deadly heat is present (and emergency action is needed), the government has to know how conditions feel for the public.

We used an environmental health measure popular in the US called the heat index to determine how hot the human body is likely to feel in relation to air temperature and humidity levels. This helped us to map how sensitive people were to heatwaves across India and discover that 90% of the country was in danger of severe repercussions during last year’s heatwave.

It’s important to accurately measure India’s vulnerability to lethal temperatures. The metric used by the Indian government, known as the climate vulnerability index, does not account for the physical dangers of heat to human health. Our research showed that combining air temperature and relative humidity levels gave our heat index a “real-feel” measure for extreme heat. In other words, how extreme heat felt for people experiencing it.

Stop underestimating heatwaves

Underestimating the effects of extreme heat in India could reduce or even reverse its progress on a range of goals for sustainable development. These include those related to poverty, hunger, health and wellbeing, equality, economic growth and industrial innovation and biodiversity. This is especially concerning given that India’s progress towards achieving these goals has slowed over the last 20 years while the number of extreme weather events has increased.

Extreme heat, for example, can exacerbate drought by drying up the soil and disrupting rainfall patterns, ultimately blighting crop production and food security, which endangers the health and wellbeing of a large portion of Indian society. Being a primarily agricultural economy, productivity losses in this sector threaten the jobs and health of millions of marginal and small landholding farmers, as well as their ability to adapt and take up new livelihoods. Another worrying tendency with heatwaves is increasing water-borne and insect-borne diseases, which could further strain India’s already beleaguered public health system.

Every year, millions of people from rural areas migrate to India’s cities in search of a better quality of life. But heatwaves have a disastrous effect on the country’s urban population too. Practically the entire city of Delhi and its 32 million inhabitants were threatened by the 2022 heatwaves. Most migrants are forced to settle in the city’s poorest quarters, where the effects of heatwaves are particularly catastrophic. Sadly, these communities also lack the means to buy air conditioners that might ease their misery.

Present procedures for assessing the sensitivity of India to climate change will not help people resist the exceptional heat seen in recent years and must be upgraded immediately.

The Intergovernmental Panel on Climate Change estimates that heatwaves in South Asia will grow more powerful and frequent this century. Heat action plans will be crucial in speeding up efforts to mitigate and adapt to the effects, but they must represent the complexity of India’s vulnerabilities to climate change. The emphasis on making Indian cities resilient to extreme heat is critical, since cities will see a population explosion in the next ten years, with 70% of Indian building stock yet to be created. There is a chance to incorporate methods for adapting to extreme heat by designing new homes that are easier to keep cool.

With many more people in India expected to be hit by even greater heat extremes in the future, finance, urban design and education are necessary to help people adapt.

In countries across Africa and Latin America, old used cars from places like the U.S. and Europe provide vital access to transportation to people who would otherwise be unable to afford their own vehicles. While this process extends the lives of these cars, the practice is not without problems, in particular with regards to pollution and passenger safety.

In this episode of The Conversation Weekly, we speak with two researchers about why richer countries export used cars, what impacts they have in developing nations and whether import restrictions are effectively stemming the rise in pollution and accidents caused by this practice.

Paul Bledsoe is adjunct professorial lecturer at the Center for Environmental Policy at the American University in the U.S., where he specializes in energy, natural resources and climate change.

He says that “the process of retiring still-functioning cars off the road is going to speed up as electric vehicles become cheaper to buy and operate. And so when that happens, you may see a huge influx of used combustion-engine vehicles hitting the secondary market.” Bledsoe is concerned that, without the adequate policies in place, developing nations could see pollution skyrocket over the next decade as a result.

Festival Godwin Boateng is a research fellow at the Center for Sustainable Urban Development, at Columbia University in the U.S. He studies sustainable development in Africa through a postcolonial lens and has looked into the issue of old cars.

“Between 2015 and 2018 some 14 million used vehicles were exported from the European Union, Japan, and the U.S., with 40% of them ending up in African countries,” explains Boateng. “Just in Ghana, for every hundred vehicles on the road, 80 to 90 are used vehicles.”

While Festival recognized that used cars fill an important gap in providing transportation opportunities in Ghana, he says over 50% of used cars are over 15 years old. “So they tend to be really old and highly polluting. And to make matters waste, they tend to do modifications to these vehicles, which make them even more polluting.”

In an effort to combat the harms of old cars, in 2020, Ghana passed a new law aiming to restrict the import of cars that are more than 10 years old. With exports of old cars expected to increase as electric vehicles take over Western markets, policies like the law Ghana passed in 2020 may become more relevant.

Xoʻsh, kriptovalyutaga oid milliy qonunchilik qanday? Kriptovalyuta olish va sotish qay darajada qonuniy? Buning uchun qanday javobgarlik belgilangan? Aynan qanday harakatlar uchun kishilar javobgarlikka tortilmoqda? Hudud24.uz sayti kolumnisti Murodjon Najmiddinov maqolada shu haqda soʻz yuritadi.

Oʻrta asrlarda Janubiy Amerikaning “oltin davlati” – Eldorado haqidagi afsonalar ispan konkistadorlarining koʻngliga vasvasa solgani singari bugun aksariyatning oʻy-xayolini “Notcoin”, “Hamster Kombat” va boshqa ilovalarda “tanga” toʻplash va uni yaxshigina pulga sotish band qilgan.

Kriptovalyuta nima? U boshqa valyuta shakllaridan qanday farq qiladi?

Ushbu atama tranzaksiyasini tekshirish uchun foydalaniladigan kriptografiya soʻzidan paydo boʻlgan. Kriptografiyadan, kriptovalyuta maʼlumotlarini hamyondan umumiy reestrga yuborish va saqlash uchun foydalaniladi. Ilk kriptovalyuta – bitkoin, 2009-yilda yaratilgan boʻlib, bugungi kunda ham eng taniqli hisoblanadi.

Kriptovalyuta – tranzaksiya tekshiruvida banklar ishtirok etmaydigan, norasmiy toʻlov tizimi sanaladi. Bu istalgan foydalanuvchiga toʻlov yuborish va qabul qilish imkonini beruvchi, teng huquqli ishtirokchilar tizimidir.

Kriptovalyuta bilan toʻlovlar faqat aniq tranzaksiyalar uchun, raqamli koʻrinishda, onlayn maʼlumotlar bazasida amalga oshiriladi. Oʻtkazmalarda tranzaksiyalar ommaviy roʻyxatda qayd etiladi. Kriptovalyuta moddiy koʻrinishda mavjud emas, u faqat raqamli hamyonda saqlanadi.

Xoʻsh, kriptovalyuta qanday qoʻllaniladi? Kriptovalyuta, taqsimlangan ommaviy reestr – blokcheynda ishlab chiqariladi. Blokcheyn – valyuta saqlovchi tomonidan yangilanib boruvchi barcha tranzaksiyalar yozuvini oʻzida saqlaydi. Taʼkidlash kerakki, kriptovalyuta – moddiy obyekt emas. U yozuv yoki oʻlchov birliklarni bir shaxs tomonidan, hech qanday ishonch va kafolatlarsiz uchinchi tomonga oʻtkazish kalitidir.

Kriptovalyutalar turli mamlakatlarning Markaziy banklari ishlab chiqaradigan raqamli pullardan nimasi bilan farq qiladi? Buni quyida koʻrib chiqishimiz mumkin:

• kriptovalyutani ishlab chiqaruvchi, nazorat qiluvchi va isteʼmolchi (foydalanuvchi) huquqlarini himoya qiluvchi yagona tashkilot mavjud emas;

• kriptovalyuta aktivlarining qiymati jiddiy tebranishlarga uchraydi;

• kriptovalyutadan tovar va xizmatlar uchun toʻlov qilish koʻplab mamlakatda imkonsiz;

• kriptovalyutaning butligini/xavfsizligini taʼminlovchi yagona markaz yoʻq;

• kriptovalyutalar pullarning barcha vazifalarini bajarmaydi – siz ularni bank hisobingizda saqlolmaysiz, naqdlashtirish yoki istalgan xaridni amalga oshirish ham imkonsiz.

Bugungi kunda eng mashhur kriptovalyuta sifatida, birinchi navbatda, Bitcoin (BTC), keyin esa Ethereum, BNB, Litecoin, XRP, Dogecoin va boshqalarni koʻrsatish mumkin.

Bugungi kunda qiymati eng yuqori boʻlgan kriptovalyutalar oʻntaligi. Manba: Crypto.com (https://crypto.com/price/ru)

Kriptovalyuta birliklari (tangalar) mayning jarayonida yaratiladi. Mayning kompyuterning hisoblash quvvati, murakkab matematik muammolarni yechishga qaratiladigan jarayon boʻlib, natijada tangalar hosil boʻladi.

Kriptovalyuta olish va sotish qay darajada qonuniy?

Oʻzbekistonda kriptovalyuta oldi-sotdisiga ruxsat etilgan. Ammo hamma ham sotib ololmaydi, hamma kriptovalyutani ham sotib olib va sotib boʻlmaydi. Xoʻsh, unda kriptovalyutani kimlar sota oladi? Kimlar sotib ololadi?

Oʻzbekistonda kriptovalyuta oldi-sotdisi Istiqbolli loyihalar milliy agentligi tomonidan roʻyxatdan oʻtkazilgan kripto-birjalarda amalga oshiriladi.

Kripto-aktivlar aylanmasi sohasidagi xizmatlar provayderlari faoliyatini litsenziyalash tartibi toʻgʻrisidagi nizom (https://lex.uz/docs/6158224) ga koʻra, kriptovalyutani sotish va sotib olish boʻyicha xizmatlar roʻyxatga olingan provayderlar tomonidan koʻrsatiladi.

Shu oʻrinda aytish kerakki, faqat Oʻzbekiston rezidentlari bunday xizmatlarni koʻrsatishi mumkin. Xizmatlar provayderlari faoliyatining turlari quyidagilardan iborat:

• kripto-birja (kripto-aktivlarni sotib olish, sotish va (yoki) ayirboshlash uchun elektron platformani taqdim etuvchi tashkilot);

• mayning-pul (mayning jarayonini taʼminlash maqsadida hisoblash quvvatlarini birlashtiruvchi elektron platformani taqdim etuvchi tashkilot);

• kripto-depozitariy (kripto-aktivlarni chiqarish, ularni dastlabki joylashtirish va saqlash xizmatlarini koʻrsatish boʻyicha elektron platforma va (yoki) texnik va dasturiy vositalar majmuini taqdim etuvchi tashkilot);

• kripto-doʻkon (kripto-aktivlarni sotib olish va (yoki) sotish yuzasidan xizmatlar koʻrsatish boʻyicha elektron platforma va (yoki) texnik va dasturiy vositalar majmuini taqdim etuvchi tashkilot).

Xizmatlar provayderlari faoliyatining har bir turi boʻyicha alohida litsenziya olishi shart, aks holda ularning faoliyati noqonuniy hisoblanadi.

Kripto-aktivlar aylanmasi sohasida xizmatlar provayderlari turlari boʻyicha litsenziyalarning elektron reestri. Manba: https://napp.uz/uz/pages/erlsp

Qisqacha aytganda, kriptovalyuta oldi-sotdisini tashkillashtiruvchi kripto-birja,birinchidan, yuridik shaxs boʻlishi, ikkinchidan, Oʻzbekiston rezidenti boʻlishi, uchinchidan, litsenziya olgan boʻlishi shart. Roʻyxatga olingan kripo-birjalar roʻyxati bilan ushbu havola orqali https://napp.uz/uz/pages/erlsp tanishish mumkin.

Aks holda, birja javobgarlikka tortiladi. Masalan, Istiqbolli loyihalar milliy agentligi tomonidan Binance xalqaro kriptovalyuta birjasini bazaviy hisoblash miqdorining 300 barobari miqdorida jarimaga tortilgan.Taʼkilash lozimki, ushbu birja (va quyida koʻrsatilgan kripto-birjalarning TOP oʻntaligi ham) hanuzgacha Oʻzbekistonda litsenziya olmagan va, shu bois undan kripto-aktiv sotib olish noqonuniy hisoblanadi.

TOP-10 kripto-birjalar. Manba: CoinMarketCap (https://coinmarketcap.com/rankings/exchanges/ )

Xoʻsh, roʻyxatga olingan birjalardan kimlar kriptovalyuta sotib ololadi? Yuqorida aytilgandek – jismoniy va yuridik shaxslar. Taʼkilash lozimki, Kripto-birjada kripto-aktivlar savdolarini amalga oshirish qoidalariga asosan voyaga yetmagan shaxslar ushbu savdolarda ishtirok etolmaydi.

Oʻzbekiston hududida kripto-aktivlarni milliy va (yoki) xorijiy valyutaga sotish va sotib olish boʻyicha operatsiyalarini xizmatlar provayderlaridan tashqarida (yaʼni roʻyxatga olingan birjalardan) amalga oshirish taqiqlanadi

Elektron reyestrga koʻra, Oʻzbekistonda bugungi kunda 2 ta kripto-birja, 3 ta kripto-depozitariy, 10 ta kripto-doʻkonga litsenziya berilgan. Mayning-pul faoliyat turi boʻyicha esa birorta subyekt qayd etilmagan.

Kriptovalyuta oldi-sotdisi qoidalariga amal qilinmasligi uchun qanday javobgarlik bor?

Yuqoridagi qoidalarga amal qilinmasligi ham maʼmuriy, ham jinoiy, ham moliyaviy javobgarlikka sabab boʻlishi mumkin.

Jumladan, MJTKning 155 prim 4-moddasiga koʻra, kripto-aktivlarni qonunga xilof ravishda olish, oʻtkazish yoki ayirboshlash, litsenziya olmasdan kripto-aktivlar aylanmasi provayderlarini yuritish uchun 15 sutkaga maʼmuriy qamoq yoki maʼmuriy qamoq qoʻllanilishi mumkin boʻlmagan shaxslarga BHMning 30 baravarigacha jarima solishga sabab boʻladi.

Bu harakatlar maʼmuriy jazo qoʻllanilganidan keyin sodir etilsa, Jinoyat kodeksining 278 prim 8-moddasiga asosan 5 yilgacha ozodlikdan mahrum qilish bilan jazolanadi.

Bu hali hammasi emas – “Litsenziyalash, ruxsat berish va xabardor qilish tartib-taomillari toʻgʻrisida”gi qonunga asosan kripto-aktivlar aylanmasi sohasidagi xizmatlar provayderligi bilan litsenziyasiz shugʻullanish BHMning 300 baravari miqdorida jarima qoʻllashga sabab boʻladi.

Aynan qanday harakatlar uchun kishilar javobgarlikka tortilmoqda?

Soʻz boshida taʼidlangandek, soʻnggi uch haftada 8 kishi maʼmuriy javobgarlikka tortilgan. Ushbu sud qarorlari tahliliga koʻra, deyarli barcha aybdor deb topilgan barcha shaxslar “Binance” kripto-birjasida “P2P-savdosi” boʻlimi orqali kriptovalyuta sotib olgan va sotgan.

Shuningdek, bir holatda kripto-aktivlarni sotib olish uchun aybdor deb topilgan shaxs Telegram messenjeri orqali boshqa shaxslarning pasport maʼlumotlarini sotganligi aniqlangan.

Ikkita holatda huquqbuzarlar Telegram messenjeri orqali notanish shaxs unga yozganini va undan kripto valyutalarni sotib olib, boshqa shaxsga sotganini maʼlum qilgan.

Shu qilmishlar uchun aybor shaxslarga 3 sutkadan 10 sutkagacha maʼmuriy qamoq jazosi berilgan yoki bazaviy hisoblash miqdorining

20 baravari (6,8 mln soʻm) miqdorida jarimaga tortilgan.

Kriptovalyutani oldi-sotdi qilish uchun foydalangan telefonlar esa davlat foydasiga musodara qilingan yoki yoʻq qilingan.

Taʼkidlash lozimki, Istiqbolli loyihalar milliy agentligi maʼlumotlariga ular ushbu shaxslarning hech biri litsenziya olmagan.

Soʻz yakunida aytish lozimki, yuqorida keltirilgan qoida va javobgarliklar faqat kriptovalyuta uchun taalluqli boʻlib, hali kriptovalyuta sifatida eʼtirof etilmagan, mulkiy qiymati boʻlmagan, shu jumladan listing qilinmagan (kripto-aktivlarni birjalarga joylashtirish uchun ruxsat berish jarayoni) ilovalarga nisbatan tatbiq etilmaydi.

Talaba ishlashi haqida qonunchilikda nima deyiladi?

Talaba oʼqishdan boʼsh vaqti bemalol ishlashi mumkin. Mehnat kodeksining 383-moddasiga koʼra, ish beruvchi mehnat shartnomasi boʼyicha ishdan ajralmagan holda taʼlim tashkilotlarida oʼqitilayotgan, qayta tayyorlashdan yoki malaka oshirishdan oʼtayotgan, shuningdek ishlab chiqarish taʼlimini oʼtayotgan xodimlarga ish va oʼqishni birga olib borish uchun zarur shart-sharoitlarni yaratishi shart.

“Oliy va oʼrta-maxsus taʼlim vazirining “Oliy taʼlim toʼgʼrisida”gi nizomida kunduzgi taʼlimdagi talabalar oʼqishdan boʼsh vaqtlarida kunning ikkinchi yarmida oliy oʼquv yurti va boshqa tashkilotlarda mehnat shartnomasi tuzgan holda ishlashlari mumkinligi aytilgan. Lekin buni ish beruvchilar talabalarga faqat kunning ikkinchi yarmidagina ishlashga ruxsat berilgan deb tushunmasligi kerak. Chunki boshqa yuqori turuvchi va ustuvor qonun hujjatlaridagi umumnormalar har qanday shaxslarning, jumladan, talabalarning mehnat qilish huquqini ham birdek eʼtirof etadi.

Talaba nechanchi kursdan taʼlim olayotgan oʼz mutaxassisligi boʼyicha ishlashi mumkin?

Vazirlar Mahkamasining 2005 yil 21 dekabrdagi 275-son qarori tegishli nizomiga koʼra, OTMning kunduzgi, kechki, sirtqi taʼlim shakllarining pedagogika yoʼnalishlarida oʼqiyotgan shaxslar 3-kursdan boshlab oʼqishiga xalaqit bermagan holda pedagoglik ishini amalga oshirish uchun umumtaʼlim muassasalarida asosiy ish joyi sifatida ishga qabul qilinishi mumkin va ularga oʼrta maxsus, kasbiy maʼlumotga ega boʼlgan tegishli lavozimdagi xodimning bazaviy tarif stavkasi singari bazaviy tarif stavkasi belgilanadi. Bu Vazirlar Mahkamasining 2018 yil 5 yanvardagi 10-son qarorida ham keltirib oʼtilgan.

Yuridik va sogʼliqni saqlash sohasi talabalari-chi?

Prezidentning 2017 yil 19 yanvardagi PQ-2733-son qaroriga koʼra, yuriskonsult yordamchisi lavozimida oliy yoki oʼrta maxsus yuridik maʼlumotga ega boʼlgan yoki Toshkent davlat yuridik universiteti huzuridagi Yuridik kadrlarni xalqaro standartlar boʼyicha professional oʼqitish markazida yuridik mutaxassislik boʼyicha qayta tayyorlash kurslarini tamomlagan va belgilangan namunadagi diplomni olgan shaxs, shuningdek, oliy taʼlim muassasasining yurisprudentsiya mutaxassisligi boʼyicha tahsil olayotgan bakalavriat bosqichining bitiruvchi kursi talabasi yoki magistranti ishlashi mumkin.

Prezidentning 2023 yil 8 maydagi “Yangi tahrirdagi Oʼzbekiston Respublikasi Konstitutsiyasini amalga oshirish boʼyicha birinchi navbatdagi chora-tadbirlar toʼgʼrisida”gi farmonida advokatura sohasiga yosh kadrlarni faol jalb qilish maqsadida 2023 yil 1 sentyabrdan boshlab oliy taʼlim tashkilotlari yurisprudentsiya yoʼnalishida tahsil olayotgan bitiruvchi kurs talabalariga advokatlik tuzilmalarida mehnat qonunchiligiga muvofiq oʼqishdan boʼsh vaqtda advokat yordamchisi sifatida ish faoliyatini olib borishga ruxsat etilishi belgilandi.

Vazirlar Mahkamasining 2009 yil 18 dekabrdagi 319-son qaroriga 2-ilova “Klinik ordinatura toʼgʼrisida”gi nizomiga koʼra, oʼqitishning ikkinchi yilidagi taʼlim dasturini muvaffaqiyatli oʼzlashtirgan klinik ordinatorlar rahbarlarining yozma tavsiyanomasi asosida mehnat shartnomasi boʼyicha soha boʼlimlarida tungi navbatchilik qilish yoki oʼqishdan tashqari vaqtda mutaxassisligi boʼyicha ishlash huquqiga egadirlar.

Buni faqat 3-kurs yoki bitiruvchi kurs talabalari ishlashi mumkin ekan-da, boshqa kurs yoki yoʼnalishlarda oʼqiyotganlar ishlay olmaydi deb tushunmaslik kerak. Yuqorida tahlil qilingan pedagogika va yurisprudensiya yoʼnalishi talabalari aynan 3-kurs yoki bitiruvchi kursdan taʼlim olayotgan oʼz mutaxassisliklari boʼyicha ishlashlari mumkin.

Qaysi kasbga qanday maʼlumot zarur ekanini qanday bilsa boʼladi?

Oʼzbekiston standartlashtirish, metrologiya va sertifikatlashtirish agentligining “Xizmatchilarning asosiy lavozimlari va ishchilar kasblari klassifikatori (XАLIKK-2020)” qarorida ishchi kasb va xizmatchilarning asosiy lavozimlariga maʼlumotning eng past darajasiga qoʼyiladigan talablar belgilangan. Demak, mana shu klassifikatordan kasblarga qoʼyilgan maʼlumotning eng past darajasini bilib olishingiz mumkin.

Bundan tashqari, vazirlik va idoralarning hujjatlarida ham tegishli sohalar boʼyicha malaka tavsiflari belgilab beriladi.

Ish beruvchi talabani ishga olishdan bosh tortsa nima qilish kerak?

Bu holatda siz rad etish sababini bilish huquqiga egasiz. Mehnat kodeksining 119-moddasiga koʼra, ishga qabul qilish rad etilgan taqdirda, ish beruvchi ishga qabul qilish huquqiga ega boʼlgan mansabdor shaxs tomonidan imzolangan ishga qabul qilishni rad etish sabablarining yozma asosini ishga qabul qilinishi rad etilgan shaxsning talabiga koʼra 3 kunlik muddatda taqdim etishi shart. Yozma asosni berishni rad etish ishga qabul qilish qonunga xilof ravishda rad etilganligi ustidan shikoyat qilinishiga monelik qilmaydi.

Аgar ish beruvchi sizni asossiz ravishda ishga olmagan yoki ish oʼrinlarini yashirgan boʼlsa maʼmuriy, hattoki jinoiy javobgarlikkacha tortiladi. Shunday vaziyatga duch kelsangiz, 1000 yoki +99871 210 00 00 (Prezident virtual qabulxonasi), +99871 200 06 00 (Kambagʼallikni qisqartirish va bandlik vazirligi) 1007 (Bosh prokuratura), 1008 (Аdliya vazirligi) ishonch raqamlariga telefon qilishingiz mumkin.

Talaba toʼliq 1 stavka ishlasa boʼladimi?

Yuqorida aytganimizdek, talaba faqat oʼqishdan boʼsh vaqtida ishlashi mumkin. Yaʼni talabaning oʼqishi ish kunining (smenaning) belgilangan davomiyligiga toʼgʼri kelmasligi lozim. Аgar qonunchilik talablariga qatʼiy rioya etilsa, tashkilotdagi ish vaqti rejimi toʼgʼri kelsa talabaning toʼliq stavka ishlashiga hech qanday taqiq mavjud emas.

Shuningdek, MK 193-moddasiga koʼra, xodim va ish beruvchi oʼzaro kelishib moslashuvchan ish vaqti rejimini belgilab olishlari mumkin.

Diqqat! Bunda bir shartga rioya etilishi kerak! Ish oʼqishdan boʼsh vaqtda bajarilishi shart. Ushbu talabni mehnat shartnomasida yoki mehnat shartnomasiga doir qoʼshimcha kelishuvda mustahkamlash lozim.

Talaba faqat oʼrindoshlik asosida ishlaydimi?

Haqiqatan ham ayrim ish beruvchilar talabalarni faqat oʼrindoshlik asosida ishga olish kerak deb hisoblashadi. Bu mutlaqo xato. MK 432-moddasiga koʼra, oʼrindoshlik asosida ishlash xodimning oʼzining asosiy ishidan tashqari alohida mehnat shartnomasi shartlari boʼyicha asosiy ishidan boʼsh vaqtida boshqa muntazam haq toʼlanadigan ishni bajarishidir.

Shuningdek, Vazirlar Mahkamasining 2012 yil 18 oktyabrdagi 297-son qarori ilovasiga koʼra, oʼrindoshlik asosida ishlash — xodimning oʼzining asosiy ishini bajarishidan tashqari asosiy ishidan boʼsh vaqtida mehnat shartnomasi asosida boshqa haq toʼlanadigan ishni bajarishi. Talabaning taʼlim olish jarayoni mehnat faoliyati hisoblanmaydi.

Demak, talaba mehnat shartnomasi asosida ishlayotgan va mehnat daftarchasi yuritilayotgan tashkilot uning asosiy ish joyi hisoblanadi.

Talaba bir nechta joyda ishlasa boʼladimi?

Ha, yuqorida taʼkidlab oʼtilgan mehnat qonunchiligi talablariga rioya qilgan holda talaba oʼqishdan va asosiy ish joyidan boʼsh vaqti, boshqa tashkilotlarda oʼrindoshlik asosida ham ishlashi mumkin. Yaʼni qonunchilikda ish joylari soniga cheklov qoʼyilmagan, balki ish vaqtining davomiyligiga cheklov belgilangan. Yaʼni talaba oʼqishdan va asosiy ishini bajarishdan boʼsh vaqtda, nazariy jihatdan 2 ta tashkilotda 0.25 stavkadan ham ishlashi mumkin. Buning uchun esa oʼrindoshlik asosida ishga kirayotgan joyga asosiy ish joyidan maʼlumotnoma taqdim qilinadi.

Diqqat! Аgar talaba oʼn sakkiz yoshga toʼlmagan shaxs boʼlsa oʼrindoshlik asosida ishlashi taqiqlanadi.

Talabalik davri mehnat stajiga kiradimi?

Oʼzbekiston Respublikasining “Fuqarolarning davlat pensiya taʼminoti toʼgʼrisida”gi qonunining 37-moddasida ish stajiga qoʼshib hisoblanadigan mehnat faoliyati turlari sanab oʼtilgan. Mazkur qonunning “e” bandiga koʼra oliy taʼlim muassasalarida, aspiranturada, stajyor-tadqiqotchi-izlanuvchilar institutida, katta ilmiy xodim-izlanuvchilar institutida, tayanch doktoranturada, doktoranturada va klinik ordinaturada kunduzgi oʼqish, shu jumladan chet elda oʼqish umumiy ish staji kamida 7 yil boʼlgan taqdirda ish stajiga qoʼshib hisoblanadi. Yaʼni erkaklar 60, ayollar 55 yoshgacha kamida 7 yil ish stajiga ega boʼlsa, shundagina oliy taʼlim muassasalarida oʼqigan davr ish stajiga qoʼshib hisoblanadi. Nogiron boʼlib qolgan shaxslar stajiga esa koʼrsatib oʼtilgan staj muddatidan qatʼi nazar qoʼshiladi.

Talabani sinov bilan ishga olish toʼgʼrimi?

MK 129-moddasi 3-qismiga koʼra, ishga qabul qilinganda dastlabki sinov belgilanmaydigan toifalar koʼrsatilgan. Ular bilan bu yerda tanishish mumkin.

Аgar talaba qonunning shu qismidagi dastlabki sinov belgilanmaydigan xodimlar toifasiga kirmasa, ushbu talabaga dastlabki sinov belgilanishi mumkin.

Talaba bilan muddatli mehnat shartnomasi tuzilishi toʼgʼrimi?

Аgar muddatli mehnat shartnomasi MK 112 yoki 113-moddasi qoidalarini hisobga olgan holda tuzilgan boʼlsa, xodim bilan ushbu shartnomani tuzish asoslidir. Belgilangan muddatga tuzilgan mehnat shartnomasi buning uchun MK 112 yoki 113-moddasida nazarda tutilgan yetarli asoslar mavjud boʼlmaganda nomuayyan muddatga tuzilgan deb hisoblanadi.

Masalan, MK 113-moddasiga koʼra, kunduzgi oʼqitish shakli boʼyicha taʼlim olayotgan shaxslar bilan xodim va ish beruvchi oʼrtasidagi kelishuvga koʼra muddatli mehnat shartnomasi tuzilishi mumkin.

Talabaga ham dekret taʼtili va puli beriladimi?

Аgar talaba mehnat shartnomasi asosida ishlaydigan boʼlsa, ish joyidan homiladorlik va tugʼish taʼtillari berilib, davlat ijtimoiy sugʼurtasi boʼyicha nafaqa toʼlanadi.

Аgar talaba hech qaerda ishlamay, faqat oʼqiyotgan boʼlsa unga dekret puli toʼlanmaydi, lekin qonunchilik hujjatlarida belgilangan homiladorlik va tugʼish, shuningdek, bolalarni parvarish qilish taʼtillari muddatiga akademik taʼtil berilishi mumkin.

Аgar talaba ish topa olmasa, unga ham ishsizlik nafaqasi toʼlanadimi?

“Аholi bandligi toʼgʼrisida”gi qonunning 45-moddasiga koʼra, taʼlim muassasalarida va tashkilotlarida ishlab chiqarishdan ajralgan holda tahsil olayotgan shaxslar, bundan taʼlimning sirtqi shaklida tahsil olayotganlar mustasno ishsiz deb eʼtirof etilmaydi.

Talabalar uchun mehnat qonunchiligida imtiyozlar nazarda tutilganmi?

MK 383-moddasiga koʼra, ish beruvchi mehnat shartnomasi boʼyicha ishdan ajralmagan holda taʼlim tashkilotlarida oʼqitilayotgan, qayta tayyorlashdan yoki malaka oshirishdan oʼtayotgan, shuningdek ishlab chiqarish taʼlimini oʼtayotgan xodimlarga ish va oʼqishni birga olib borish uchun zarur shart-sharoitlarni yaratishi shart.

MK 23-bobi 383, 385, 386-387-moddalari ishni taʼlim bilan birga olib boruvchi xodimlar uchun kafolatlar va kompensatsiyalar berish tartibini belgilab beradi.

MK 67-moddasiga koʼra, jamoa shartnomasida ishni taʼlim bilan qoʼshib olib borayotgan xodimlar uchun alohida imtiyoz va kompensatsiyalar, masalan, tashkilotning iqtisodiy imkoniyatlari hisobga olingan holda oʼqish xarajatlarini toʼlab berish nazarda tutilishi mumkin.

227, 228-moddalarda mehnat taʼtili, 386-moddada sirtqi va kechkida oʼqiyotganlar uchun taʼtil haqida batafsil bilish olish mumkin.https://lex.uz/uz/docs/6257288

2-mutaxassislik boʼyicha bakalavr sirtqiga oʼqiyotganlarga ham ish joyida kafolat va kompensatsiyalar taqdim qilinadimi?

MKning 385 va 386-moddalaridan kelib chiqilsa, texnikumni tugatgan xodim kechki yoki sirtqi bakalavrga kirsa, kafolatlar taqdim qilinadi. 2-marta bakalavrga kirsa, kafolatlar taqdim qilinmaydi.

MK 385-moddasidagi kafolatlar faqat kechki yoki sirtqi taʼlim shakli boʼyicha taʼlim olayotgan xodimlar uchun taqdim qilinadi, kunduzgi yoki masofaviy taʼlim shaklidagi xodimlarga taqdim etilmaydi. Lekin tashkilotning mehnat haqidagi boshqa huquqiy hujjatlarida, masalan, jamoa shartnomasida ushbu toifa xodimlarga ham kafolatlar taqdim qilinishi mumkin. Vazirlar Mahkamasining 2022 yil 3 oktyabrdagi 559-son qaroriga ilova “Oliy taʼlim tashkilotlarida masofaviy taʼlimni tashkil etish tartibi toʼgʼrisida”gi nizomning 22-bandiga koʼra, ish faoliyatini masofaviy taʼlim bilan qoʼshib olib borayotgan talabalarga semestr oxirida yakuniy baholashdan oʼtish, bitiruvchilarga esa yakuniy davlat attestatsiyasini topshirish, bitiruv malakaviy va magistrlik ishini himoya qilish uchun kamida 15 kalendar kun muddatga ish haqi saqlangan holda taʼtil beriladi.

Manba: Kun.uz

https://kun.uz/76404229