Federal Department of Justice and Police FDJP Federal Office for Migration FOM

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1 Federal Department of Justice and Police FDJP Federal Office for Migration FOM Directorate of Political Affairs DPA Political Affairs Division IV, Human Security Copyright: Magnum Photos Migration partnerships

2 Migration partnerships Basis As international migration intensified and became more complex, the traditional bilateral dialogue that Switzerland conducted on migration came up against certain limits. At the national level too the question of migration increasingly affects many aspects of both domestic and foreign policy. It is in this context that the Federal Council (government) commissioned in 2003 a working group to identify ways of optimally using foreign policy instruments to promote a global migration policy. One result was an awareness of the need to approach migration in a spirit of partnership and to create a real platform for exchanges and coordination between all the actors involved. So Switzerland created the migration partnership, a simple and flexible instrument. Link with the international dialogue on migration The development of migration partnerships testifies to the general spirit of international dialogue on migration, which stresses the need to tackle migration in a spirit of coordination and cooperation between all the relevant actors and which highlights the link between migration and other domains, particularly development. Switzerland participates actively in the international dialogue on migration. It contributed to the intensification of this dialogue when it launched in 2001 the Berne Initiative. It also provided support, including financial support, for the Global Commission on International Migration, which was created in December Copyright: Keystone

3 Migration partnerships Legal basis The concept of migration partnerships is anchored in the new Federal Law on Foreigners which entered into force on 1 January Article 100 of the Law envisages that the Federal Council encourages bilateral and multilateral partnerships with other states in the area of migration. Definition A migration partnership can be defined as an instrument for taking into account and implementing the interests in migration matters of all the partners involved. A migration partnership is established with a long-term perspective and should continue for as long as it benefits the partner States. It consists of a package of flexible and adaptable measures. Objectives The conclusion of a migration partnership should make it possible: to ensure that Swiss migration policy is consistent; to take into account the interests of all the partners involved and thus to create a situation in which everyone benefits (win-win situation); to promote the opportunities of migration and to find constructive solutions to the challenges that it poses. Content The key components of a migration partnership are projects and programmes relating to emigration and immigration. However, a migration partnership may also consist of areas of cooperation that have an indirect link to migration. Above all, the content of a migration partnership is flexible and varies from one partnership to the next, since it reflects the specific interests of the partners in question. The list below is thus not exhaustive but provides an insight into the possible areas of cooperation in the framework of a migration partnership.

4 Possible areas of cooperation Migration dialogue Re-admission Return assistance Prevention of irregular migration Protection in the region Legal migration (i.e. visa policy and training/education) Support for strengthening of migration management Support in the fight against human trafficking and migrant smuggling Fostering integration Development cooperation Humanitarian aid Civilian peacekeeping Promoting human rights Remittances Debt rescheduling and remission Social security agreements International legal cooperation in criminal matters Health Police cooperation Copyright: SDC

5 Copyright: FOM Copyright: FOM Interdepartmental approach The diversity of the components that may be put together to form a migration partnership means that in Switzerland there has to be interdepartmental coordination and cooperation between the different departments (ministries) concerned (whole-of-government approach). Switzerland has already acquired a wealth of experience in interdepartmental cooperation, a process initiated some years ago in response to the need to bring together aspects of domestic and foreign policy to ensure the coherence of migration policy. To this end, an interdepartmental committee was formed. It is co-chaired by the Federal Office for Migration of the Federal Department of Justice and Police and by the Political Affairs Division IV of the Federal Department of Foreign Affairs, with other federal departments taking part. This committee provides a platform for exchanges and a necessary framework for establishing joint strategies between the different federal departments involved with migration. Criteria for the conclusion of a migration partnership A migration partnership is a privileged instrument, and a certain number of criteria have to be met before it can be considered. These criteria are: the existence of substantial Swiss interests in the area of migration policy; a willingness by all partners to intensify cooperation in the area of migration; well-established relations between Switzerland and the partner country; a certain degree of stability and good governance in the partner country. Possible types of agreement The form of a migration partnership agreement will vary from case to case and will depend mainly on the goals, activities and interests of the partner countries. The two main forms of agreement that can be envisaged are: a binding international agreement (international treaty); a non-binding international agreement (Memorandum of Understanding, Letter of Intent). Copyright: FOM Copyright: FOM

6 Imprint Published by : Federal Department of Justice and Police FDJP Federal Office for Migration FOM Division for entry, stay & return Quellenweg 6, 3003 Berne-Wabern Directorate of Political Affairs DPA Political Affairs Division IV, Human Security Bundesgasse 32, 3003 Berne Offices involved: Swiss Agency for Development and Cooperation SDC Directorate of Political Affairs DPA Directorate of Public International Law DPIL Federal Department of Justice and Police FDJP Federal Office of Justice FOJ Federal Department of Justice and Police FDJP Federal Office of Police fedpol Federal Department of Economic Affairs FDEA State Secretariat of Economic Affairs SECO Editing and concept: Information & Communication, FOM Layout: FOM/FDJP October