by Anna Vogt
Immigration Minister Ahmed Hussen will indicate Canada’s adoption of the Global Compact on Migration (GCM) on December 10 and 11 in Marrakech, Morocco, along with the majority of the world’s states. As such, the GCM has been receiving increased attention by Canadian media and in the House of Commons. So, what exactly is the Global Compact? Why is it necessary? And what is Canada’s role?
Here are some key quotes and information from articles and stories, published over the last few months, that can help us unpack the Global Compact on Migration.
What is the Global Compact on Migration?
“The Global Compact for Safe, Orderly and Regular Migration provides the first international and non-legally binding cooperative framework on migration. It is the result of a comprehensive process of discussions and negotiations among all Member States of the United Nations that started with the New York Declaration in 2016, unanimously adopted at the UN General Assembly in 2016.” The compact provides some guidelines on how states can respond well to migration, both by addressing the reasons why people are migrating, and providing avenues on how migration can be safer and regulated.
One out of every 30 people worldwide is a migrant. The GCM contains basic principles to guide states so they can best address migration, in a way that encourages migration that benefits receiving countries and also doesn’t harm those on the move. “Migration is a global reality, which no country can address on its own. It therefore requires global solutions and global responsibility sharing, based on international cooperation. The Global Compact on Migration aims to foster international cooperation by setting out guiding principles and providing for a multilateral political framework. It deals with the complex nature of international migration by addressing a wide range of migration-related aspects, such as border management, smuggling and trafficking in human beings, migrant documentation and return and readmission, as well as diasporas and remittances.”
What about refugees?
There is a separate Global Compact on Refugees.
On 19 September 2016, the UN General Assembly adopted the New York Declaration for Refugees and Migrants, a set of commitments designed to enhance the protection of refugees and migrants… In it, governments committed to work towards the adoption of two new agreements: a Global Compact on Refugees and a Global Compact for Safe, Orderly and Regular Migration. While neither Compact is legally binding, they contain important political commitments and signal an opportunity to improve the international community’s response to refugees and migrants.
The Refugee Compact was developed by the UN High Commissioner for Refugees (UNHCR) in consultation with governments and other actors; a roadmap and the Compact website detail the steps taken in the process. An initial draft of the Compact was released in January 2018 and the final draft in July 2018. It was presented to the UN General Assembly in September 2018 in the UN High Commissioner’s annual report.
What about Canadian sovereignty?
The Global Compact on Migration is not legally binding. Therefore, no legal obligations arise under domestic or international law for participating States. The Global Compact on Migration is based on the principle of full respect of national sovereignty. To quote: “The Global Compact reaffirms the sovereign right of States to determine their national migration policy and their prerogative to govern migration within their jurisdiction, in conformity with international law. The Global Compact on migration does not entail any transfer or restriction of national sovereign rights or competences. It is not an international agreement and will therefore have no legal effect on national legal systems and neither do obligations arise from it.”
What are some of the weaknesses of the GCM?
“The compact may have some inherent weaknesses, such as not sufficiently demonstrating that it will be relevant and actionable in member states with such contrasting migration features and policy approaches. Doubts also persist on the levels of financial resources that will be allocated to implement such a nonbinding and largely aspirational policy framework.” The non-binding nature of the GCM means that it is up to each state to decide how and when they will implement the practices within the GCM. Besides internal pressure from citizens, there is no way that states can be held accountable for failing to act in accordance with the GCM.
What has been the role of civil society?
MCC’s office in New York has been involved in advocacy around the Global Compact and ensuring that civil society is well represented since the negotiation and consultation phase. The office visited MCC country programs and heard from partners. MCC staff member Kati Garisson highlights MCC’s role in working with the NGO Committee on Migration, a civil society coalition in drafting a “Now and How: Ten Acts for the Global Compact.” This document represents civil society’s attempt to re-frame the conversation on migration to emphasize human dignity, full participation in discussion and solutions (especially honouring the multiplicity of migrant voices), development for all, and a commitment to implementing both existing international human rights law and labor conventions and protocols and the actions outlined in the Global Compact for Human Mobility and Migration.
You can also read about a visit from MCC New York staff to Canada to advocate for continued Canadian support for the GCM.
Anna Vogt is Director of the MCC Ottawa Office