Side event on the Global Compact on Migration

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Side event on the Global Compact on Migration 21 October 2016, Room XXIII, Palais de Nations, Geneva ICMC Notes/ B. Carlevaro Panellists: Ambassadors of Bangladesh, Sweden, Mexico Shahidul Haque, Foreign Secretary, Government of Bangladesh Chairman 2016 GFMD François Fouinat, on behalf of SRSG Peter Sutherland representatives of ILO, IOM, OHCHR, UNHCR Bangladesh The group was created in May 2016 in New York by Bangladesh, Benin, Mexico and Sweden to support concrete and positive results for the SUMMIT and promote forward-looking discussions that advance the migration agenda at the United Nations. The group will promote positive narrative of migration as well as raise global awareness of migrationrelated issues. The group decided to organize this meeting in Geneva in order to foster synergies between Geneva and New York expertise. Sweden Sweden has always been strongly engaged in the migration debate. In particular, acting on the encouragement of the UN Secretary-General, together with Switzerland, Brazil, Morocco, and the Philippines, Sweden established in 2003 the Global Commission on International Migration, and then hosted the GFMD in 2014. The Global Compact on Migration represents a unique opportunity for the international community to address migration challenges. The Global compact should: be comprehensive, balanced and easily implementable improve the international governance of migration, with IOM playing a leading role improve cooperation among States (GFMD is an extremely important event) ensure good coordination between New York and Geneva expertise SRSG Peter Sutherland s report will be an important to development of the Compact. Mexico Modalities will be defined in New York, but in addition to time-line and roles, also the content of the Global Compact should be clearly defined. A number of UN agencies (in particular IOM, ILO, UNHCR, and other GMG agencies) will be involved in the process. Thanks to its new role within the UN system, IOM will play a crucial role in supporting governments in this process. In particular IOM Council will be an important occasion of debate. Mexico is committed to promote synergies rather than duplications between Geneva and New York expertise and between the Global compact on migration and past initiatives and processes. 1

Mexico foresees a two-step process including: a) transparent and inclusive consultations, b) negotiations. François Fouinat (on behalf of SRSG Peter Sutherland) Mr. Sutherland s report is almost finalized and should be released by the end of the year. The report aims at providing solutions in the following areas or chapters: improving and delivering migration governance harnessing new data sources for policy making developing a UN strategy on migration and strengthening UN cooperation to help governments to manage this challenge making it easier to migrants to move addressing the drivers and root causes of forced displacement and migration It will focus on: promoting skills development and mobility of people with skills ensuring that migrants move in a regular, orderly and legal manner establishing a framework for return, readmission and reintegration reducing the cost of migration and enhancing the development impact of migration, by: reducing recruitment cost and abuse of workers improving remittances market to foster development ensuring access and portability of social benefits engaging diaspora to foster development ensuring that migrant human rights are protected especially in times of crisis developing guidance principles for migrants at risk creating schemes for people fleeing countries in crisis enhancing protection for migrant children enhancing consular protection for all migrants empowering cities providing birth registration and legal identity to all migrants addressing the drivers and root causes of forced migration and displacement ILO The Summit was a landmark event which began a new phase of ILO work. ILO was created in 1919, as part of the Treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice and only if exploitative working conditions are eliminated. It aims to foster social dialogue among governments, employers and workers. ILO is also a normative organization encouraging Member States to implement international labour standards. With more than 150 million migrant workers worldwide, one of today s main challenges is to develop right labour market policies for both migrants and national workers. The Global Compact process should include consultations with UN agencies, the private sector and trade unions. Top priorities that the Global Compact should address: reducing the cost of labour migration (including recruitment cost) increasing labour mobility schemes facilitating access to the labour market for migrants (which are otherwise compelled to work in the informal economy) 2

ensuring respect for the rights and integrity of labour migrants IOM Pleased to know the group will be present in Geneva as well as in NY. Expectations around the Global Compact on Migration and IOM contribution in this process are high, but we are glad to be here to support you. The New York Declaration creates new ground for commitment on migration issues. In order to develop the Global Compact on Migration, we can benefit from the technical and policy expertise acquired in the past. We can envisage the development of a global compact in the existing framework provided by the Addis Ababa Declaration and other processes. We need to promote a genuine partnership between countries of origin and destination, but also among all the actors, in a spirit of mutual respect. To this end and consistently with the 2030 Agenda we hope to start an open and transparent process bringing together the views of all actors involved and gathering perspectives, priorities and expertise. Let s bear in mind all the contributions offered in these years, such as the thematic report entitled Unlocking the Potential of Migration for Inclusive Development done by the Swedish Chairmanship of the GFMD 2014. Many tools are already in place: the Migration Governance Framework, MICIC, the Migration Crisis Operational Framework, the Nansen Initiative, the Sendai Framework and OHCHR, UNHCR, ILO non-binding guidelines. The International Dialogue on Migration in 2017 and, if necessary, also in 2018 will be dedicated to the Global Compact on Migration. IOM created teams working on it both in Geneva and NY. On the substance of this Compact we need to identify key issues with 2-3 States leading the discussion. Some possible clusters are: SDGs labour migration mobility and recruitment human rights and migration, including migrants in vulnerable situation migration dimensions of crisis human trafficking integration and social inclusion improving governance of migration at any level. UNHCR 86% of refugee population is hosted by developing countries The New York Declaration acknowledged the need to respond to the current refugee crisis in a shared responsible way. On the migration side, UNHCR will provide its expertise both for the Global compact on migration and for the development of the non-binding principles and guidelines on migrants in vulnerable situations. OHCHR We believe that the realization of a plan of action can make a real difference for people on the move. What s clear is that whatever is the reason of the movement, or whoever is the person moving, all have human rights to be protected and none should be returned if risks torture, execution and any other human rights violation. Detention is never in the best interest of the child. 3 very important elements have been expressed the New York Declaration: a call for a human right-based approach for the developing of both new Global Compacts 3

a call for a multi-stakeholder approach, including Civil Society, diaspora groups and the private sector a call to adopt a systematic approach on human rights law, labour law and refugee law, etc. We need to use all the available spaces, including the protection dialogue which will be held in Geneva during the next Human Rights Council in March 2017, to discuss these issues. On xenophobia: it s up to all of us to alleviate the tendency to fear and ignorance prevailing in this period. Shahidul Haque, Foreign Secretary, Government of Bangladesh, Chairman, GFMD 2016-10-24 Migration is: an individual undertaking driven by need, human aspirations, security concerns, livelihood opportunities shaped by geo-politics, demography, socio/economic forces, market, cultural realities a complex, multi-layered phenomenon, primarily State-governed an integral component (enabler) of sustainable development Key dilemmas to make migration safe, regular and responsible: balancing State s sovereignty on population movements across borders with respecting rights and ensuring protection of migrants balancing people s need and desire to migrate respecting host country culture and laws Global migration governance: there is no single, unified, global regime to govern migration (except refugees) emphasis has been on ineffective unilateral approaches Contemporary discussion on international migration governance began in the first half of 1990s Cairo Conference on Population and Development (1994); Berne Initiative (2004): developed common understanding for the International Management of Migration (20-point international agenda for migration management) Global Commission on International Migration and Development (GCIM, 2003 2005) (6 principles to manage international migration) ILO Multilateral Framework on Labor Migration (2005) UN High-level Dialogue on Migration (2006, 2013) Various regional consultative processes Global Forum on Migration and Development (2007 present) Migration in global frameworks Agenda 21 (1992) Istanbul Programme of Action for LDCs (2011 2020) (2011) Rio+20 (2012): The future we want UNFCCC and Paris Agreement on Climate Change (2015) Sendai Framework for Disaster Risk Reduction 2015-2030 Nansen Initiative Addis Ababa Action Agenda (2015) 2030 Sustainable Development Agenda Habitat III (2016) Definition of migration governance IOM working definition: System of institutions, legal frameworks, mechanisms and practices aimed at regulating migration and protecting migrants. IOM Migration Governance Framework (106 th IOM Council 2015) - Three principles: 4

o adherence to international standards, fulfilment of migrants rights o evidence and whole-of-governance based migration policy o strong partnerships - Three objectives: o to advance well-being of migrants and society o effective response to mobility dimension of crises o safe, orderly and dignified migration Recent and upcoming developments: UNSG s Report In Safety and Dignity New York Declaration for Refugees and Migrants Sutherland Report on International Cooperation for Migration (December 2016) 9 th GFMD (8-12 December 2016) 2018 intergovernmental conference Consistent with the Agenda 2030, the Global Compact on Migration aims at facilitating orderly, safe, regular and responsible migration where: orderly refers to a system whereby migratory movements are made systematic, consistent, predictable and humane safe refers to physical and mental safety regular refers to legal migration responsible refers to all parties and stakeholders assuming corresponding roles and responsibilities, taking into account circumstances The main components of the Global Compact on Migration should be: ensuring that migrant human rights are protected, especially in times of crisis making it easier for migrants to move preventing irregular movements including trafficking and smuggling reducing the costs for migrants and enhancing the development impacts of migration promoting inclusion and combating racism, xenophobia, discrimination and intolerance towards all migrants improving and delivering migration governance The three main options in terms of scope and nature of the Compact are: migration convention guiding principles and guidelines commitments with concrete deliverables, implementation and monitoring framework In order to achieve this ambitious outcome, it is necessary to: avoid politicizing migration avoid inter-agency rivalries build constructive partnerships (Civil Society has to be involved in the process) So: also consistent with the Agenda 2030, an effective approach and form for the Global Compact on Migration might be to agree on a set of goals, targets and indicators specifically on migration-- that states could commit to achieving over an agreed timeline, with due consideration of the regional or national specificities and capacities, as under the SDGs Civil society is essential in this process including diaspora and migrants; in fact, so essential and even increasingly dominant in social dynamics that we may even need to consider a new hybrid organization in which states and civil society come together on migration governance 5

Discussion UNDP How often does the group intend to meet? What are the modalities of engagement? Will UN agencies be invited to join the group? Bangladesh Ambassador response: we are willing to collaborate with UN agencies (this is the reason why we invited IOM, UNHCR, ILO and OHCHR to this side event), but is primarily a governmental group. ICMC Any real friends of migration are friends of ours. Civil society also very interested in the work of this group; ICMC and other CSOs met and worked with the New York-based Friends of Migration in run-up to UNG Summit in September. Will want to do the same here in Geneva. We believe very much in and have high ambition for the Compact on Migration. Secretary Haque s presentation was quite a tour-de-force: in particular, the very interesting approach to consider structuring the Compact as a set of goals, targets and indicators, with a timeline. FAO Ready to be involved in the Global compact process, in particular regarding the migration-food security nexus. Philippines Surprised that root causes have been barely mentioned, since most of this kind of events begin with first and foremost we have to address the root causes of migration and forced displacement. But we appreciate this approach since, as practitioners, addressing the root causes of migration and forced displacement falls outside our area of expertise. IOM response: there is discussion on this issue, but we think that for the Compact itself, and the process developing it, it would be more useful to focus on solutions to mobility that is underway rather than on causes. Mexican Ambassador response: despite of a focus on solutions, also root causes should be taken into consideration. 6