The UN has convened a conference in Marrakech on December 10 and 11 to formally adopt a pact that seeks to make migration safer and more dignified for all.
The text of the agreement, whose official name is the Global Compact for Safe, Orderly and Regular Migration, was agreed by all UN member states, with the exception of the United States, in July at the General Assembly.
Since then, several countries have dissociated themselves from the text despite the fact that it is not legally binding and respects the sovereignty of states to manage their borders and migration policies. The document recognises that in order to reap the benefits of immigration and mitigate the risks and challenges that come with it, there is a need to improve collaboration between countries.
With more than 68 million people being forcibly displaced, migrants and refugees have recently made headlines around the world: from the refugee crisis in Europe, to the caravans of migrants traveling from Central America to the U.S. southern border.
Here’s what you need to know ahead of the Marrakech conference that starts on Monday:
What is the Global Compact on Migration?
The Global Compact on Migration, agreed on 13 July, is the first global agreement to help reap the benefits of migration and protect undocumented migrants.
This is the first attempt to manage migration flows comprehensively and on an international scale. “It reflects the common understanding of governments that cross-border migration is, by definition, an international phenomenon and that effectively managing this global reality requires cooperation to amplify the positive impact for all,” said Secretary-General António Guterres.
The pact is structured around 23 major objectives. Among these goals, there are some generic ones, such as cooperation to address the causes that motivate migration or improve legal migration pathways. But there are also concrete commitments, such as measures against human trafficking and smuggling, preventing the separation of families, using migrant detention only as a last resort, or recognizing the right of irregular migrants to receive health and education in their destination countries.
States also commit to improving their cooperation in saving the lives of migrants, with search and rescue missions, and ensuring that those who give them “exclusively humanitarian” support will not be legally prosecuted.
In addition, governments promise to ensure a “safe and dignified” return to deported migrants and not to expel those who face a “real and foreseeable risk” of death, torture or other inhumane treatment.
If a country signs it, what does it oblige you to?
The agreement is non-binding and makes it clear that each state is sovereign to determine its own policies in this area. It is a framework for cooperating and achieving the goals that countries themselves agreed to two years earlier in the New York Declaration for Refugees and Migrants.
Former General Assembly President Miroslav Lajčák stressed in July that the pact “does not incentivize migration and does not try to prevent it.” The document “does not dictate, does not impose and fully respects the sovereignty of States”, can provide “a new platform for cooperation” and is a resource for “finding the balance between the rights of individuals and the sovereignty of States”.
Putting the pact in place, he explained, means shifting “from reactive to proactive mode.”
So why are some countries now rejecting it?
So far, the United States, Austria, Hungary, Poland, Estonia, Bulgaria, the Czech Republic, Israel, Australia and the Dominican Republic have distanced themselves. Some have argued that it is incompatible with their sovereignty or that it could have an effect of inciting illegal immigration.
The Special Representative for International Migration, Louise Arbour, who will chair the Marrakesh conference, recalls that “all these countries were at the table when the Global Compact was adopted” and considers that “their foreign policy and the spirit of multilateralism are very seriously affected” if they dissociate themselves from a document, they agreed on a few months ago. “I think it leaves very bad those who participated in what were real negotiations. They got concessions from others. They defended their interests for six months in which one assumes they were receiving instructions from their capital, so it is very disappointing to see this kind of setback shortly after the text was agreed,” he says.
The High Commissioner for Human Rights, Michelle Bachelet, has also declared herself “very disappointed” and thinks “that what is happening today is that many leaders, instead of leading and setting an example, prefer to look at the polls to see if people are afraid of immigration”.
Still, Arbour recalls that “an overwhelming majority of UN member states support this cooperative project.”
Legal immigrant, illegal immigrant, refugee… What’s the difference?
The pact and the Marrakesh Conference focus on migrants. Legal, or regular, migration refers to people entering or staying in a country of which they are not citizens through legal channels. “Their position in the country is known to the government and they are in compliance with the laws and regulations,” explains Louise Arbour. “The vast majority of people who cross a border do so through regular channels,” he said. For example, with a student or work visa or through family reunification processes.
Illegal migration “is the situation of people who are in a country and whose status is not in accordance with national requirements.” Most undocumented immigrants have entered the country legally, for example, on a tourist visa, and stayed when it expired. “They can be regularized, and if not, they need to go back to their country of origin,” Arbour said.
Refugees are people who are outside their country of origin for fear of persecution, conflict, generalized violence, or other circumstances that have seriously disturbed public order and therefore require international protection. The definition of refugee can be found in the 1951 Convention and regional refugee instruments, as well as in the Statute of UNHCR
Why do I hear so many negative stories about immigrants?
There are a number of widespread misconceptions about migration. For example, that it is a phenomenon from the south to the north, from poor countries to rich ones. “In reality, most of the migration is south-south, intra-regional,” Juan José Gómez Camacho, Mexico’s ambassador to the UN, who led the negotiation with his Swiss counterpart, told UN News. “In Latin America, 60% of migration occurs within the region, in Africa it’s 75%,” he said.
Another myth is that migrants’ countries of origin benefit the most from their work abroad. “Migrants make an extraordinary economic contribution in the countries where they are working. Remittances, as important as they are for some countries, represent only 15% of a migrant’s income; the other 85% stay in the destination country,” Gómez Camacho said.
There are 250 million migrants in the world, representing 3.4% of the world’s population. However, they contribute 9% of global GDP, with almost $7 trillion per year.
What is at stake with the approval of this pact?
The latest data from the International Organization for Migration shows that so far this year 3,341 people have died or gone missing on migratory routes around the world, most of them in the Mediterranean, where 2,133 people have drowned trying to cross to European shores.
Migration is becoming more difficult. IOM highlighted, for example, an incident in which the Spanish fishing boat ‘Nuestra Madre Loreto’, “was stranded at sea for a week after rescuing 12 migrants who left Libya in an inflatable boat. No European country allowed them to dock in its ports. They eventually disembarked at the port of Hay wharf in Valletta, the Times of Malta newspaper reported. The same media outlet claims that the Maltese government is now trying to agree on the distribution of these immigrants with other countries such as Spain.
However, many countries need foreign workers. “Demographics suggest that if they want to maintain their current economic level or even grow the economy, they will have to welcome well-educated foreigners who meet the demand of the country’s labor market,” Arbour said. “Fostering a culture of exclusion in this case is counterproductive.”
So how can migration be regulated so that it works for everyone? The Global Compact for Migration is designed precisely for this, with national, regional and international measures. “There is no doubt that we will see an improvement in reaping the benefits of migration and, very importantly, a reduction in the negatives such as irregular migration, people moving in chaotic and dangerous ways,” says the Special Representative.
Arbour believes that if the pact is adopted we will see “a great improvement in the development aspects, humanitarian aspects and in the economic benefits that migration can produce if everything is addressed in a cooperative way.”
If there have always been migrations, why should we worry now?
It is true that migration is not a new phenomenon, but in recent years, the number of migrants has grown a lot and is expected to continue to do so due to climate change, Arbour explains.
“Today, 3.4% of the population is a migrant. In 2000 it was 2.7%,” he said. “It’s a phenomenon that has so far increased. Will it continue to grow? If we look at demographics and other factors, such as climate change, yes, we expect to see more people on the move.”
What do we need to watch out for during the conference?
On 10 December, the Universal Declaration of Human Rights turns 70 years old and a commemorative event has been organized to be attended by Secretary-General Antonio Guterres; the President of the General Assembly, María Fernanda Espinosa; and the High Commissioner for Human Rights, Michelle Bachelet.
In addition, Guterres will launch the Migration Network that will bring together all UN agencies that have migration as part of their mandate. It will be led by the International Organization for Migration (IOM) but will also include the United Nations Office on Drugs and Crime (UNODC), which deals with human trafficking, the United Nations Development Program and the United Nations High Commissioner for Refugees (UNHCR).
23 objectives:
The cooperation framework established by the Compact is based on the following 23 Goals for safe, orderly and regular migration.
Collect and use accurate, disaggregated data to formulate evidence-based policies.
Minimize the adverse and structural factors that force people to leave their country of origin. Provide accurate and timely information at all stages of the migration.
Ensure that all migrants have proof of their legal identity and adequate documentation.
Increase the availability and flexibility of regular migration pathways.
Facilitate fair and ethical recruitment and safeguard conditions that guarantee decent work.
Addressing and Reducing Vulnerabilities in Migration Saving lives and undertaking coordinated international initiatives on missing migrants.
Strengthening the transnational response to migrant smuggling
Preventing, combating and eradicating trafficking in persons in the context of international migration
Managing borders in an integrated, secure and coordinated manner
Increase the certainty and predictability of immigration procedures for proper background checks, evaluation, and referral Providing migrants with access to basic services.
Empowering migrants and societies to achieve full inclusion and social cohesion.
Eliminate all forms of discrimination and promote evidence-based public discourse to change perceptions of migration.
Invest in skills development and facilitate mutual recognition of skills, qualifications and competences. Creating the conditions for migrants and diasporas to contribute fully to sustainable development in all countries.
Promote faster, safer, and cheaper remittance transfers and foster financial inclusion of migrants.
Work together to facilitate safe and dignified return and readmission, as well as sustainable reintegration.
Establish mechanisms for the portability of social security and acquired benefits. Strengthen international cooperation and global partnerships for safe, orderly and regular migration.