Global Compact for Safe, Orderly and Regular Migration – FINAL DRAFT

Human Rights – Migration/Global Compact

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Global Compact for Safe, Orderly and Regular Migration
FINAL DRAFT
11 July 2018 :: 36 pages
[Excerpts; Editor’s text bolding]
PREAMBLE
1. This Global Compact rests on the purposes and principles of the Charter of the United Nations.

2. It also rests on the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the other core international human rights treaties1; the United Nations Convention against Transnational Organized Crime, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children and the Protocol against the Smuggling
of Migrants by Land, Sea and Air; the Slavery Convention and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery;  the United Nations Framework Convention on Climate Change; the United Nations Convention to Combat Desertification; the Paris Agreement2; the International Labour Organization conventions on promoting decent work and labour migration3; as well as on the 2030 Agenda
for Sustainable Development; the Addis Ababa Action Agenda; the Sendai Framework for Disaster Risk Reduction, and the New Urban Agenda.

4. Refugees and migrants are entitled to the same universal human rights and fundamental freedoms, which must be respected, protected and fulfilled at all times. However, migrants and refugees are distinct groups governed by separate legal frameworks. Only refugees are entitled to the specific international protection as defined by international refugee law. This Global Compact refers to migrants and presents a cooperative framework addressing migration in all
its dimensions…

12. This Global Compact aims to mitigate the adverse drivers and structural factors that hinder people from building and maintaining sustainable livelihoods in their countries of origin, and so compel them to seek a future elsewhere. It intends to reduce the risks and vulnerabilities migrants face at different stages of migration by respecting, protecting and fulfilling their human rights and providing them with care and assistance. It seeks to address legitimate concerns of communities, while recognizing that societies are undergoing demographic, economic, social and environmental changes at different scales that may have implications for and result from migration. It strives to create conducive conditions that enable all migrants to enrich our societies through their human, economic and social capacities, and thus facilitate their contributions to sustainable development at the local, national, regional and global levels.

13. This Global Compact recognizes that safe, orderly and regular migration works for all when it takes place in a well-informed, planned and consensual manner. Migration should never be an act of desperation. When it is, we must cooperate to respond to the needs of migrants in situations of vulnerability, and address the respective challenges. We must work together to create conditions that allow communities and individuals to live in safety and dignity in their own countries. We must save lives and keep migrants out of harm’s way. We must empower migrants to become full members of our societies, highlight their positive contributions, and promote inclusion and social cohesion. We must generate greater predictability and certainty for States, communities and migrants alike. To achieve this, we commit to facilitate and ensure safe, orderly and regular migration for the benefit of all…

15. We agree that this Global Compact is based on a set of cross-cutting and interdependent guiding principles:
People-centred:
The Global Compact carries a strong human dimension to it, inherent to the migration experience itself. It promotes the well-being of migrants and the members of communities in countries of origin, transit and destination. As a result, the Global Compact places individuals at its core.
International cooperation:
The Global Compact is a non-legally binding cooperative framework that recognizes that no State can address migration on its own due to the inherently transnational nature of the phenomenon. It requires international, regional and bilateral cooperation and dialogue. Its authority rests on its consensual nature, credibility, collective ownership, joint implementation, follow-up and review.
National sovereignty:
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. Within their sovereign jurisdiction, States may distinguish between regular and irregular migration status, including as they determine their legislative and policy measures for the implementation of the Global Compact, taking into account different national realities, policies, priorities and requirements for entry, residence and work, in accordance with international law.
Rule of law and due process:
The Global Compact recognizes that respect for the rule of law, due process and access to justice are fundamental to all aspects of migration governance. This means that the State, public and private institutions and entities, as well as persons themselves are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international law.
Sustainable development:
The Global Compact is rooted in the 2030 Agenda for Sustainable Development, and builds upon its recognition that migration is a multidimensional reality of major relevance for the sustainable development of countries of origin, transit and destination, which requires coherent and comprehensive responses. Migration contributes to positive development outcomes and to realizing the goals of the 2030 Agenda for Sustainable Development, especially when it is properly managed. The Global Compact aims to leverage the potential of migration for the achievement of all Sustainable Development Goals, as well as the impact this achievement will have on migration in the future.
Human rights:
The Global Compact is based on international human rights law and upholds the principles of non-regression and non-discrimination. By implementing the Global Compact, we ensure effective respect, protection and fulfilment of the human rights of all migrants, regardless
of their migration status, across all stages of the migration cycle. We also reaffirm the
commitment to eliminate all forms of discrimination, including racism, xenophobia and intolerance against migrants and their families.
Gender-responsive:
The Global Compact ensures that the human rights of women, men, girls and boys are respected at all stages of migration, their specific needs are properly understood and addressed and they are empowered as agents of change. It mainstreams a gender perspective, promotes gender equality and the empowerment of all women and girls, recognizing their independence, agency and leadership in order to move away from addressing migrant women primarily through a lens of victimhood. 5
Child-sensitive:
The Global Compact promotes existing international legal obligations in relation to the rights of the child, and upholds the principle of the best interests of the child at all times, as a primary consideration in all situations concerning children in the context of international migration, including unaccompanied and separated children.
Whole-of-government approach:
The Global Compact considers that migration is a multidimensional reality that cannot be addressed by one government policy sector alone. To develop and implement effective migration policies and practices, a whole-of-government approach is needed to ensure horizontal and vertical policy coherence across all sectors and levels of government.
Whole-of-society approach:
The Global Compact promotes broad multi-stakeholder partnerships to address migration in all its dimensions by including migrants, diasporas, local communities, civil society, academia, the private sector, parliamentarians, trade unions, National Human Rights Institutions, the media and other relevant stakeholders in migration governance…

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Objectives for Safe, Orderly and Regular Migration
(1) Collect and utilize accurate and disaggregated data as a basis for evidence-based policies
(2) Minimize the adverse drivers and structural factors that compel people to leave their country of origin
(3) Provide accurate and timely information at all stages of migration
(4) Ensure that all migrants have proof of legal identity and adequate documentation
(5) Enhance availability and flexibility of pathways for regular migration
(6) Facilitate fair and ethical recruitment and safeguard conditions that ensure decent work
(7) Address and reduce vulnerabilities in migration
(8) Save lives and establish coordinated international efforts on missing migrants
(9) Strengthen the transnational response to smuggling of migrants
(10) Prevent, combat and eradicate trafficking in persons in the context of international migration
(11) Manage borders in an integrated, secure and coordinated manner
(12) Strengthen certainty and predictability in migration procedures for appropriate screening, assessment and referral
(13) Use migration detention only as a measure of last resort and work towards alternatives
(14) Enhance consular protection, assistance and cooperation throughout the migration
cycle
(15) Provide access to basic services for migrants
(16) Empower migrants and societies to realize full inclusion and social cohesion
(17) Eliminate all forms of discrimination and promote evidence-based public discourse to
shape perceptions of migration
(18) Invest in skills development and facilitate mutual recognition of skills, qualifications and
competences
(19) Create conditions for migrants and diasporas to fully contribute to sustainable development in all countries
(20) Promote faster, safer and cheaper transfer of remittances and foster financial inclusion of migrants
(21) Cooperate in facilitating safe and dignified return and readmission, as well as sustainable reintegration
(22) Establish mechanisms for the portability of social security entitlements and earned benefits
(23) Strengthen international cooperation and global partnerships for safe, orderly and regular migration

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Press Release
‘Historic moment’ for people on the move, as UN agrees first-ever Global Compact on Migration
13 July 2018, New York
The text of the Global Compact for Safe, Orderly and Regular Migration, was finalized today. This is the first time that Member States of the United Nations have come together to negotiate an agreement covering all dimensions of international migration in a holistic and comprehensive manner.

The Global Compact is the culmination of thematic discussions and consultations among Member States and such actors as local officials, civil society representatives and migrants themselves; stocktaking and reflection on the views that were shared; and intergovernmental negotiations. In total, this open, transparent and inclusive process lasting over 18 months led to unprecedented dialogue and learning by all participants on the realities of international migration.

The agreement now forms a basis to improve governance and international understanding of migration, to address the challenges associated with migration today, and to strengthen the contribution of migrants and migration to sustainable development.

Calling today a “historic moment,” the President of the 72nd session of the United Nations General Assembly, H.E. Mr. Miroslav Lajčák, said the Global Compact’s potential was huge. He added, “It can guide us from a reactive to a proactive mode. It can help us to draw out the benefits of migration, and mitigate the risks. It can provide a new platform for cooperation. And it can be a resource, in finding the right balance between the rights of people and the sovereignty of States. And, in December, it will formally become the first comprehensive framework on migration the world has ever seen.”…