Excellency,
We write to you in our capacity as
co-facilitators to lead the intergovernmental consultations and negotiations on
issues related to the Global Compact for Safe, Orderly and Regular Migration,
the Intergovernmental Conference, as well as their preparatory process.
As the result of an open, transparent
and inclusive preparatory process and after six rounds of intergovernmental negotiations, we are pleased
to share with you the Final Draft of the Global Compact
for Safe, Orderly and Regular Migration.
We will convene a meeting on Friday, 13
July 2018 at 11:00 am in the Trusteeship Council Chamber at United Nations
Headquarters to conclude the intergovernmental negotiations in the presence of
Member and Observer States, the President of the General Assembly, the Deputy
Secretary-General of the United Nations, and the Secretary-General of the
Intergovernmental Conference. We also invite all relevant stakeholders to
attend the meeting.
On this occasion, we want to express
our deepest gratitude to all delegations that contributed and participated throughout the last 18 months of the preparatory process leading to the adoption
of the Global Compact for Safe, Orderly and Regular Migration. It is
our conviction that the attached text represents the way forward on
international cooperation in the field of international migration.
Please accept, Excellency, the
assurances of our highest consideration.
Juan José Gómez
Camacho
Ambassador and
Permanent Representative of Mexico to the United Nations
|
Jürg Lauber
Ambassador and
Permanent Representative of Switzerland to the United Nations
|
Permanent and Observer Missions to the
United Nations
N
E W Y O R K
GLOBAL COMPACT FOR SAFE, ORDERLY AND REGULAR
MIGRATION
GLOBAL COMPACT FOR
SAFE, ORDERLY AND REGULAR
MIGRATION
FINAL DRAFT
11 July 2018
We, the Heads of State and Government and High
Representatives, meeting in Morocco on 10 and 11 December 2018, reaffirming the
New York Declaration for Refugees and Migrants and determined to make an
important contribution to enhanced cooperation on international migration in
all its dimensions, have adopted this Global Compact for Safe, Orderly and
Regular Migration:
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.
3. Discussions
about international migration at the global level are not new. We recall the
advances made through the United Nations High-level Dialogues on International
Migration and Development in 2006 and 2013. We also acknowledge the
contributions of the Global Forum on Migration and Development launched in
2007. These platforms paved the way for the New York Declaration for Refugees
and Migrants, through which we committed to elaborate a Global Compact for
Refugees and to adopt this Global Compact for Safe, Orderly and Regular
Migration, in two separate processes. The two Global Compacts, together,
present complementary international cooperation frameworks that fulfil their
respective mandates as laid out in the New York Declaration for Refugees and
Migrants, which recognizes that migrants and refugees may face many common
challenges and similar vulnerabilities.
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.
5. As a
contribution to the preparatory process for this Global Compact, we recognize
the inputs shared by Member States and relevant stakeholders during the
consultation and stocktaking phases, as well as the report of the
Secretary-General, “Making Migration Work for All”.
6. This Global
Compact is a milestone in the history of the global dialogue and international
cooperation on migration. It is rooted in the 2030 Agenda for Sustainable
Development and the Addis Ababa Action Agenda, and informed by the Declaration
of the High-level Dialogue on International Migration and Development adopted
in October 2013. It builds on the pioneering work of the former Special
Representative of the Secretary-General for International Migration and
Development, including his report of 3 February 2017.
7. This Global
Compact presents a non-legally binding, cooperative framework that builds on
the commitments agreed upon by Member States in the New York Declaration for
Refugees and Migrants. It fosters international cooperation among all relevant
actors on migration, acknowledging that no State can address migration alone,
and upholds the sovereignty of States and their obligations under international
law.
OUR VISION AND GUIDING PRINCIPLES
8. This Global
Compact expresses our collective commitment to improving cooperation on
international migration. Migration has been part of the human experience throughout
history, and we recognize that it is a source of prosperity, innovation and
sustainable development in our globalized world, and that these positive
impacts can be optimized by improving migration governance. The majority of
migrants around the world today travel, live and work in a safe, orderly and
regular manner. Nonetheless, migration undeniably affects our countries,
communities, migrants and their families in very different and sometimes
unpredictable ways.
9. It is
crucial that the challenges and opportunities of international migration unite
us, rather than divide us. This Global Compact sets out our common
understanding, shared responsibilities and unity of purpose regarding
migration, making it work for all.
Common Understanding
10. This Global
Compact is the product of an unprecedented review of evidence and data gathered
during an open, transparent and inclusive process. We shared our realities and
heard diverse voices, enriching and shaping our common understanding of this
complex phenomenon. We learned that migration is a defining feature of our
globalized world, connecting societies within and across all regions, making us
all countries of origin, transit and destination. We recognize that there is a
continuous need for international efforts to strengthen our knowledge and
analysis
of migration, as shared understandings will improve policies
that unlock the potential of sustainable development for all. We must collect
and disseminate quality data. We must ensure that current and potential
migrants are fully informed about their rights, obligations and options for
safe, orderly and regular migration, and are aware of the risks of irregular
migration. We also must provide all our citizens with access to objective,
evidence-based, clear information about the benefits and challenges of
migration, with a view to dispelling misleading narratives that generate
negative perceptions of migrants.
Shared Responsibilities
11. This Global
Compact offers a 360-degree vision of international migration and recognizes
that a comprehensive approach is needed to optimize the overall benefits of
migration, while addressing risks and challenges for individuals and
communities in countries of origin, transit and destination. No country can address the
challenges and opportunities of this global phenomenon on its own. With this
comprehensive approach, we aim to facilitate safe, orderly and regular migration, while reducing the
incidence and negative impact of irregular migration through international cooperation
and a combination of measures put forward in this Global Compact. We
acknowledge our shared responsibilities to one another as Member States of the
United Nations to address each other’s needs and concerns over migration, and
an overarching obligation to respect, protect and fulfil the human rights of
all migrants, regardless of their migration status, while promoting the
security and prosperity of all our communities.
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.
Unity of Purpose
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.
14. Our success
rests on the mutual trust, determination and solidarity of States to fulfil
the objectives and commitments
contained in this Global Compact. We unite, in a spirit of win-win cooperation,
to address the challenges and opportunities of migration in all its
dimensions through shared
responsibility and innovative solutions. It is with this sense of common
purpose that we take this historic step, fully aware that the Global Compact
for Safe, Orderly and Regular Migration is a milestone, but not the end to our
efforts. We commit to continue the multilateral dialogue at the United Nations
through a periodic and effective follow-up and review mechanism, ensuring that
the words in this document translate into concrete actions for
the benefit of millions of people in every region of the world.
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.
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.
OUR COOPERATIVE FRAMEWORK
16. With the New
York Declaration for Refugees and Migrants we adopted a political declaration
and a set of commitments. Reaffirming that Declaration in its entirety, we build
upon it by laying out the following cooperative framework comprised of 23
objectives, implementation, as well as follow-up and review. Each objective
contains a commitment, followed by a range of actions considered to be relevant
policy instruments and best practices. To fulfil the 23 objectives, we will
draw from these actions to achieve safe, orderly and regular migration along
the migration cycle.
OBJECTIVES AND COMMITMENTS
OBJECTIVE 1: Collect and utilize accurate and disaggregated
data as a basis for evidence- based policies
17. We commit to
strengthen the global evidence base on international migration by improving and
investing in the collection, analysis and dissemination of accurate, reliable,
comparable data, disaggregated by sex, age, migration status and other
characteristics relevant in national contexts, while upholding the right to
privacy under international human rights law and protecting personal data. We
further commit to ensure this data fosters research, guides coherent and evidence-based
policy-making and well-informed public discourse, and allows for effective
monitoring and evaluation of the implementation of commitments over time.
To realize this commitment, we will draw from the following
actions:
a) Elaborate
and implement a comprehensive strategy for improving migration data at local,
national, regional and global levels, with the participation of all relevant
stakeholders, under the guidance of the United Nations Statistical
Commission, by harmonizing methodologies for data collection, and
strengthening analysis and dissemination of
migration-related data and
indicators
b) Improve
international comparability and compatibility of migration statistics and
national data systems, including by further developing and applying the
statistical definition of an international migrant, elaborating a set of
standards to measure migrant stocks and flows, and documenting migration
patterns and trends, characteristics of migrants, as well as drivers and
impacts of migration
c) Develop a
global programme to build and enhance national capacities in data collection,
analysis and dissemination to share data, address data gaps and assess key
migration trends, that encourages collaboration between relevant stakeholders
at all levels, provides dedicated training, financial support and technical
assistance, leverages new data sources, including big data, and is reviewed by
the United Nations Statistical Commission on a regular basis
d) Collect,
analyse and use data on the effects and benefits of migration, as well as the
contributions of migrants and diasporas to sustainable development, with a view
to inform the implementation of the 2030 Agenda for Sustainable Development and
related strategies and programmes at the local, national, regional and global
levels
e) Support
further development of and collaboration between existing global and regional
databases and depositories, including the IOM Global Migration Data Portal and
the World Bank Global Knowledge Partnership on Migration and Development, with
a view to systematically consolidate relevant data in a transparent and
user-friendly manner, while encouraging inter-agency collaboration to avoid
duplication
f) Establish
and strengthen regional centres for research and training on migration or
migration observatories, such as the African Observatory for Migration and
Development, to collect and analyse data in line with United Nations standards,
including on best practices, the contributions of migrants, the overall
economic, social and political benefits and challenges of migration in
countries of origin, transit and destination, as well as drivers of migration,
with a view to establishing shared strategies and maximizing the value of
disaggregated migration data, in coordination with existing regional and
subregional mechanisms
g) Improve
national data collection by integrating migration-related topics in national
censuses, as early as practicable, such as on country of birth, country of
birth of parents, country of citizenship, country of residence five years prior
to the census, most recent arrival date and reason for migrating, to ensure
timely analysis and dissemination of
results, disaggregated and
tabulated in accordance with international standards, for statistical purposes
h) Conduct household,
labour force and other surveys to collect information on the social and
economic integration of migrants or add standard migration modules to existing
household surveys to improve national, regional and international
comparability, and make collected data
available through public-use of statistical microdata files
i) Enhance
collaboration between State units responsible for migration data and national
statistical offices to produce migration-related statistics, including by using
administrative records for statistical purposes, such as border records, visa,
resident permits, population registers and other relevant sources, while
upholding the right to privacy and protecting personal data
j) Develop and
use country-specific migration profiles,
which include disaggregated
data on all migration-relevant aspects in a national context, including
those on labour market needs, demand and availability of skills, the economic,
environmental and social impacts of migration, remittance transfer costs, health,
education, occupation, living and working conditions, wages, and the needs of
migrants and receiving communities, in
order to develop evidence-based migration policies
k) Cooperate
with relevant stakeholders in countries of origin, transit and destination to
develop research, studies and surveys on the interrelationship between
migration and the three dimensions of sustainable development, the
contributions and skills of migrants and diasporas, as well as their ties to
the countries of origin and destination
OBJECTIVE 2: Minimize the adverse drivers and structural
factors that compel people to leave their country of origin
18. We commit to
create conducive political, economic, social and environmental conditions for
people to lead peaceful, productive and sustainable lives in their own country
and to fulfil their personal aspirations, while ensuring that desperation and
deteriorating environments do not compel
them to seek a livelihood elsewhere through irregular migration. We further
commit to ensure timely and full implementation of the 2030 Agenda for
Sustainable Development, as well as to
build upon and invest in the implementation of other existing frameworks, in
order to enhance the overall impact of
the Global Compact to facilitate safe, orderly
and regular migration.
To realize this commitment, we will draw from the following
actions:
a) Promote the
implementation of the 2030 Agenda for Sustainable Development, including the
Sustainable Development Goals and the Addis Ababa Action Agenda, and the
commitment to reach the furthest behind first, as well as the Paris Agreement4
and the Sendai Framework for Disaster Risk Reduction 2015-2030
b) Invest in
programmes that accelerate States’ fulfilment of the Sustainable
Development Goals with the aim of eliminating the adverse drivers and
structural factors that compel people to
leave their country of origin, including through poverty eradication, food
security, health and sanitation, education, inclusive economic growth,
infrastructure, urban and rural development, employment creation, decent work,
gender equality and empowerment of women and girls, resilience and disaster
risk reduction, climate change mitigation and adaptation, addressing the
socioeconomic effects of all forms of violence,
non- discrimination, rule of law and good governance, access to justice
and protection of human rights, as well as creating and maintaining peaceful
and inclusive societies with effective, accountable and transparent
institutions
c) Establish or
strengthen mechanisms to monitor and anticipate the development of risks and
threats that might trigger or affect migration movements, strengthen early
warning systems, develop emergency procedures and toolkits, launch emergency
operations, and support post-emergency recovery, in close cooperation with and
support of other States, relevant national and local authorities, National
Human Rights Institutions, and civil society
d) Invest in
sustainable development at local and national levels in all regions allowing
all people to improve their lives and meet their aspirations, by fostering sustained, inclusive
and sustainable economic growth, including through private and foreign
direct investment and trade preferences,
to create conducive conditions that allow
communities and individuals to
take advantage of opportunities in their own countries and drive sustainable
development
e) Invest in
human capital development by promoting entrepreneurship, education, vocational
training and skills development programmes and partnerships, productive
employment creation, in line with labour market needs, as well as in
cooperation with the private sector
and trade unions, with a view to reducing youth
unemployment, avoiding brain drain and optimizing brain gain in countries of
origin, and harnessing the demographic dividend
f) Strengthen
collaboration between humanitarian and development actors, including by
promoting joint analysis, multi-donor approaches and multi-year funding cycles,
in order to develop long-term responses and outcomes that ensure respect for
the rights of affected individuals, resilience and coping capacities of
populations, as well as economic and social self-reliance, and by ensuring
these efforts take migration into account
g) Account for
migrants in national emergency preparedness
and response, including
by taking into consideration
relevant recommendations from State-led consultative processes, such as the
Guidelines to Protect Migrants in Countries Experiencing Conflict or Natural
Disaster (MICIC Guidelines)
Natural disasters, the adverse effects of climate change,
and environmental degradation
h) Strengthen
joint analysis and sharing of information to better map, understand, predict
and address migration movements, such as those that may result from
sudden-onset and slow- onset natural disasters, the adverse effects
of climate change, environmental degradation, as well as other precarious situations, while
ensuring the effective respect, protection and fulfilment of the human rights
of all migrants
i) Develop
adaptation and resilience strategies to sudden-onset and slow-onset natural
disasters, the adverse effects of climate change, and environmental
degradation, such as desertification, land degradation, drought and sea level
rise, taking into account the potential implications on migration, while
recognizing that adaptation in the country of origin is a priority
j) Integrate
displacement considerations into disaster preparedness strategies and promote
cooperation with neighbouring and other relevant countries to prepare for early
warning, contingency planning, stockpiling, coordination mechanisms, evacuation
planning, reception and assistance arrangements, and public information
k) Harmonize
and develop approaches and mechanisms at subregional and regional levels to address the vulnerabilities of persons
affected by sudden-onset and slow-onset natural disasters, by ensuring they
have access to humanitarian assistance that meets their essential needs with
full respect for their rights wherever they are, and by promoting sustainable
outcomes that increase resilience and self-reliance, taking into account the
capacities of all countries involved
l) Develop
coherent approaches to address the challenges of migration movements in the context
of sudden-onset and slow-onset natural disasters, including by taking into
consideration relevant recommendations from State-led consultative processes,
such as the Agenda for the Protection of Cross-Border Displaced Persons in the
Context of Disasters and Climate Change, and the Platform on Disaster
Displacement
OBJECTIVE 3: Provide accurate and timely information at all
stages of migration
19. We commit to
strengthen our efforts to provide, make available and disseminate accurate,
timely, accessible, and transparent information on migration-related aspects
for and between States, communities and migrants at all stages of migration. We
further commit to use this information to develop migration policies that
provide a high degree of predictability and certainty for all actors involved.
To realize this commitment, we will draw from the following
actions:
a) Launch and
publicize a centralized and publicly accessible national website to make
information available on regular migration options, such as on country-specific
immigration laws and policies, visa requirements, application formalities, fees
and conversion criteria, employment permit requirements, professional
qualification requirements, credential assessment and equivalences, training
and study opportunities, and living costs and conditions, in order to inform
the decisions of migrants
b) Promote and
improve systematic bilateral, regional and international cooperation and dialogue to exchange information on
migration-related trends, including through joint databases, online platforms,
international training centres and liaison networks, while upholding the right
to privacy and protecting personal data
c) Establish
open and accessible information points along relevant migration routes that can
refer migrants to child-sensitive and gender-responsive support and
counselling, offer opportunities to communicate with consular representatives
of the country of origin, and make available relevant information, including on
human rights and fundamental freedoms, appropriate protection and assistance,
options and pathways for regular migration, and possibilities for return, in a
language the person concerned understands
d) Provide
newly arrived migrants with targeted, gender-responsive, child-sensitive,
accessible and comprehensive information and legal guidance on their rights and
obligations, including on compliance with national and local laws, obtaining of
work and resident permits, status adjustments, registration with authorities,
access to justice to file complaints about rights violations, as well as on
access to basic services
e) Promote
multi-lingual, gender-responsive and evidence-based information campaigns and
organize awareness-raising events and pre-departure orientation trainings in
countries of origin, in cooperation with local authorities, consular and
diplomatic missions, the private sector, academia, migrant and diaspora
organizations and civil society, in order to promote safe, orderly and regular
migration, as well as to highlight the risks associated with irregular and
unsafe migration
OBJECTIVE 4: Ensure that all migrants have proof of legal
identity and adequate documentation
20. We commit to
fulfil the right of all individuals to a legal identity by providing all our
nationals with proof of nationality and relevant documentation, allowing
national and local authorities to ascertain a migrant’s legal identity upon
entry, during stay, and for return, as well as to ensure effective migration
procedures, efficient service provision, and improved public safety. We further
commit to ensure, through appropriate measures, that migrants are issued
adequate documentation and civil registry documents, such as birth, marriage
and death certificates, at all stages of migration, as a means to empower
migrants to effectively exercise their human rights.
To realize this commitment, we will draw from the following
actions:
a) Improve
civil registry systems, with a particular
focus on reaching
unregistered persons and our
nationals residing in other countries, including by providing relevant identity and civil registry documents, strengthening
capacities, and investing in information and communication technology
solutions, while upholding the right to privacy and protecting personal data
b) Harmonize
travel documents in line with the specifications of the International Civil
Aviation Organization to facilitate interoperable and universal
recognition of travel documents, as well as to combat identity fraud and
document forgery, including by investing
in digitalization, and strengthening mechanisms for biometric data-sharing,
while upholding the right to
privacy and protecting personal data
c) Ensure
adequate, timely, reliable and accessible consular documentation to our nationals
residing in other countries, including identity and travel documents, making
use of information and communications technology, as well as community
outreach, particularly in remote areas
d) Facilitate
access to personal documentation, such as passports and visas, and ensure that
relevant regulations and criteria to obtain such documentation are
non-discriminatory, by undertaking a gender-responsive and age-sensitive review
in order to prevent increased risk of vulnerabilities throughout the migration
cycle
e) Strengthen
measures to reduce statelessness, including by registering migrants’ births,
ensuring that women and men can equally confer their nationality to their
children, and providing nationality to children born in another State’s
territory, especially in situations where a child would otherwise be stateless,
fully respecting the human right to a nationality and in accordance with
national legislation
f) Review and
revise requirements to prove nationality at service delivery centres to ensure that
migrants without proof of nationality or legal identity are not precluded from
accessing basic services nor denied their human rights
g) Build upon
existing practices at the local level that facilitate participation in
community life, such as interaction with
authorities and access to
relevant services, through the
issuance of registration cards to all persons living in a municipality,
including migrants, that contain basic personal information, while not
constituting entitlements to citizenship or residency
OBJECTIVE 5: Enhance availability and flexibility of
pathways for regular migration
21. We commit to
adapt options and pathways for regular migration in a manner that facilitates labour mobility and decent work reflecting
demographic and labour market realities, optimizes education opportunities,
upholds the right to family life, and
responds to the
needs of migrants in a situation
of vulnerability, with a view to expanding and diversifying availability of
pathways for safe, orderly and regular migration.
To realize this commitment, we will draw from the following
actions:
a) Develop
human rights-based and gender-responsive bilateral, regional and
multilateral labour mobility agreements with sector-specific standard
terms of employment in cooperation with relevant stakeholders,
drawing on relevant ILO standards, guidelines and principles, in compliance
with international human rights and labour law
b) Facilitate
regional and cross-regional labour mobility through international and bilateral
cooperation arrangements, such as free movement regimes, visa liberalization or
multiple- country visas, and labour mobility cooperation frameworks, in
accordance with national priorities, local market needs and skills supply
c) Review and
revise existing options and pathways for regular migration, with a view to
optimize skills matching in labour markets, address demographic realities and
development challenges and opportunities, in accordance with local and national
labour market demands and skills supply, in consultation with the private
sector and other relevant stakeholders
d) Develop
flexible, rights-based and gender-responsive
labour mobility schemes
for migrants, in accordance with
local and national labour market needs and skills supply at all skills levels,
including temporary, seasonal, circular, and fast-track programmes in areas of
labour shortages, by providing flexible, convertible and non-discriminatory
visa and permit options, such as for permanent and temporary work,
multiple-entry study, business, visit, investment and entrepreneurship
e) Promote
effective skills matching in the national economy by involving local
authorities and other relevant stakeholders, particularly the private sector
and trade unions, in the analysis of the local labour market, identification
of skills gaps, definition of required skills profiles, and evaluation of the
efficacy of labour migration policies, in order to ensure market- responsive
contractual labour mobility through regular pathways
f) Foster
efficient and effective skills-matching programmes by reducing visa and permit
processing timeframes for standard employment
authorizations, and by
offering accelerated and facilitated
visa and permit processing for employers with a track record of compliance
g) Develop or
build on existing national and regional practices for admission and stay of
appropriate duration based on compassionate, humanitarian or other
considerations for migrants compelled to leave their countries of origin, due
to sudden-onset natural disasters and other precarious situations, such as by
providing humanitarian visas, private sponsorships, access to education for
children, and temporary work permits, while adaptation in or return to their
country of origin is not possible
h) Cooperate to
identify, develop and strengthen solutions for migrants compelled
to leave their countries of
origin due to slow-onset natural disasters, the adverse effects of climate
change, and environmental degradation, such as desertification, land
degradation, drought and sea level rise,
including by devising planned relocation
and visa options,
in cases where adaptation in or
return to their country of origin is not possible
i) Facilitate
access to procedures for family reunification for migrants at all skills levels
through appropriate measures that promote the realization of the right
to family life and the best interests of the child, including by reviewing and
revising applicable requirements, such as on income, language
proficiency, length of stay, work authorization, and access to social security
and services
j) Expand
available options for academic mobility, including through bilateral and
multilateral agreements that facilitate academic exchanges, such as
scholarships for students and academic professionals, visiting professorships,
joint training programmes, and international research opportunities, in
cooperation with academic institutions and other relevant stakeholders
OBJECTIVE 6: Facilitate fair and ethical recruitment and
safeguard conditions that ensure decent work
22. We commit to
review existing recruitment mechanisms to guarantee that they are fair and
ethical, and to protect all migrant workers against all forms of exploitation
and abuse in order to guarantee decent work and maximize the socioeconomic
contributions of migrants in both their countries of origin and destination.
To realize this commitment, we will draw from the following
actions:
a) Promote
signature, ratification, accession and implementation of relevant international
instruments related to international labour migration, labour rights, decent
work and forced labour
b) Build upon
the work of existing bilateral, subregional and regional platforms that have
overcome obstacles and identified best practices in labour mobility, by
facilitating cross- regional dialogue to share this knowledge, and to
promote the full respect for the
human and labour rights of migrant workers at all skills levels,
including migrant domestic workers
c) Improve
regulations on public and private recruitment agencies, in order to align them
with international guidelines and best practices, prohibit recruiters and
employers from charging or shifting
recruitment fees or related costs to migrant workers in order to prevent debt
bondage, exploitation and forced labour, including by establishing mandatory,
enforceable mechanisms for effective regulation and monitoring of the
recruitment industry
d) Establish partnerships
with all relevant stakeholders, including employers, migrant workers
organizations and trade unions, to ensure that migrant workers are provided
written contracts and are made aware of the provisions therein, the regulations
relating to international labour recruitment and employment in the country of
destination, their rights and obligations, as well as on how to access
effective complaint and redress mechanisms, in a language they understand
e) Enact and
implement national laws that sanction human and labour rights violations,
especially in cases of forced and child labour, and cooperate with the private
sector, including employers, recruiters, subcontractors and suppliers, to build
partnerships that promote conditions for decent work, prevent abuse and
exploitation, and ensure that the roles and responsibilities within the
recruitment and employment processes are clearly outlined, thereby enhancing
supply chain transparency
f) Strengthen
the enforcement of fair and ethical recruitment and decent work norms and
policies by enhancing the abilities of labour inspectors and other authorities
to better monitor recruiters,
employers and service providers in
all sectors, ensuring
that international human rights and labour law is observed to prevent
all forms of exploitation, slavery, servitude, and forced, compulsory or child
labour
g) Develop and
strengthen labour migration and fair and ethical recruitment processes
that allow migrants to change employers and modify the conditions or
length of their stay with minimal administrative burden, while promoting
greater opportunities for decent work and respect for international human
rights and labour law
h) Take
measures that prohibit the confiscation or non-consensual retention of work
contracts, and travel or identity documents from migrants, in order to prevent
abuse, all forms of exploitation, forced, compulsory and child labour,
extortion and other situations of dependency, and to allow migrants to fully
exercise their human rights
i) Provide
migrant workers engaged in remunerated and contractual labour with the same
labour rights and protections extended to all workers in the respective sector,
such as the rights to just and favourable conditions of work, to equal pay for
work of equal value, to freedom of peaceful assembly and association, and to
the highest attainable standard of physical and mental health, including
through wage protection mechanisms, social dialogue and membership in trade
unions
j) Ensure
migrants working in the informal economy have safe access to effective
reporting, complaint, and redress mechanisms in cases of exploitation, abuse or
violations of their rights in the workplace, in a manner that does not
exacerbate vulnerabilities of migrants that denounce such incidents and allow
them to participate in respective legal proceedings whether in the country of
origin or destination
k) Review
relevant national labour laws, employment policies and programmes to ensure
that they include considerations of the specific needs and contributions of
women migrant workers, especially in domestic work and lower-skilled
occupations, and adopt specific measures to prevent, report, address and
provide effective remedy for all forms of exploitation and abuse, including
sexual and gender-based violence, as a basis to promote gender-responsive
labour mobility policies
l) Develop and
improve national policies and programmes relating to international labour
mobility, including by taking into consideration relevant recommendations of
the ILO General Principles and
Operational Guidelines for Fair Recruitment, the United Nations Guiding
Principles on Business and Human Rights, and the IOM International Recruitment
Integrity System (IRIS)
OBJECTIVE 7: Address and reduce vulnerabilities in migration
23. We commit to
respond to the needs of migrants who face situations of vulnerability, which
may arise from the circumstances in which they travel or the conditions they face
in countries of origin, transit and destination, by assisting them and
protecting their human rights, in accordance with our obligations under
international law. We further commit to uphold the best interests of the child
at all times, as a primary consideration in situations where children are
concerned, and to apply a gender-responsive approach in addressing
vulnerabilities, including in responses to mixed movements.
To realize this commitment, we will draw from the following
actions:
a) Review relevant
policies and practices to ensure they do not create, exacerbate or
unintentionally increase vulnerabilities of migrants, including by applying a
human rights- based, gender- and disability-responsive, as well as an age- and
child-sensitive approach
b) Establish
comprehensive policies and develop partnerships that provide migrants in a situation of vulnerability, regardless of
their migration status, with necessary support at all stages of migration,
through identification and assistance, as well as protection of their human rights, in particular in cases
related to women at risk, children, especially those unaccompanied or separated
from their families, members of ethnic
and religious minorities, victims
of violence, including sexual and gender-based violence, older persons, persons
with disabilities, persons who are discriminated against on any basis,
indigenous peoples, workers facing exploitation and abuse, domestic workers,
victims of trafficking in persons, and migrants subject to exploitation and
abuse in the context of smuggling of migrants
c) Develop
gender-responsive migration policies to address the particular needs and
vulnerabilities of migrant women, girls and boys, which may include assistance,
health care, psychological and other counselling services, as well as access to
justice and effective remedies, especially in cases of sexual and gender-based
violence, abuse and exploitation
d) Review
relevant existing labour laws and work conditions to identify and effectively
address workplace-related vulnerabilities and abuses of migrant workers at all
skills levels, including domestic workers, and those working in the informal
economy, in cooperation with relevant stakeholders, particularly the private
sector
e) Account for
migrant children in national child protection systems by establishing robust
procedures for the protection of migrant children in relevant legislative,
administrative and judicial proceedings and decisions, as well as in all
migration policies and programmes that impact children, including consular
protection policies and services, as well as cross-border
cooperation frameworks, in order to ensure the best
interests of the child are appropriately integrated, consistently interpreted
and applied in coordination and cooperation with child protection authorities
f) Protect
unaccompanied and separated children at all stages of migration through the
establishment of specialized procedures for their identification, referral,
care and family reunification, and provide access to health care services,
including mental health, education, legal assistance and the right to be heard
in administrative and judicial proceedings, including by swiftly appointing a
competent and impartial legal guardian, as essential means to address their particular
vulnerabilities and discrimination, protect them from all forms of violence,
and provide access to sustainable solutions that are in their best interests
g) Ensure
migrants have access to public or affordable independent legal assistance and
representation in legal proceedings that affect them, including during any
related judicial or administrative hearing,
in order to safeguard that all migrants, everywhere, are recognized as persons before the law and that the
delivery of justice is impartial and non-discriminatory
h) Develop
accessible and expedient procedures that facilitate transitions from one status
to another and inform migrants of their rights and obligations, so as to
prevent migrants from falling into an irregular status in the country of
destination, to reduce
precariousness of status and related vulnerabilities, as well
as to enable individual status assessments for migrants, including for those
who have fallen out of regular status, without fear of arbitrary expulsion
i) Build on existing
practices to facilitate access for migrants in an irregular status to an
individual assessment that may lead to regular status, on a case by case basis
and with clear and transparent criteria, especially in cases where children,
youth and families are involved, as an option to reduce vulnerabilities, as
well as for States to ascertain better knowledge of the resident population
j) Apply
specific support measures to ensure that migrants caught up in situations of
crisis in countries of transit and destination have access to consular
protection and humanitarian assistance , including by facilitating cross-border
and broader international cooperation, as well as by taking migrant populations
into account in crisis preparedness, emergency response and post-crisis action
k) Involve
local authorities and relevant stakeholders in the identification, referral and
assistance of migrants in a situation of vulnerability, including through
agreements with national protection bodies, legal aid and service providers, as
well as the engagement of mobile response teams, where they exist
l) Develop
national policies and programmes to improve national responses that address the
needs of migrants in situations of vulnerability, including by taking into
consideration relevant recommendations of the Global Migration Group Principles
and Guidelines, Supported by Practical Guidance, on the Human Rights Protection
of Migrants in Vulnerable Situations
OBJECTIVE 8: Save lives and establish coordinated
international efforts on missing migrants
24. We commit to
cooperate internationally to save lives and prevent migrant deaths and injuries
through individual or joint search and rescue operations, standardized
collection and exchange of relevant information, assuming collective
responsibility to preserve the lives of all migrants,
in accordance with international law. We further commit to identify
those who have died or gone missing, and to facilitate communication with
affected families.
To realize this commitment, we will draw from the following
actions:
a) Develop
procedures and agreements on search and rescue of migrants, with the primary
objective to protect migrants’ right to life that uphold the prohibition of
collective expulsion, guarantee due process and individual assessments, enhance
reception and assistance capacities, and ensure that the provision of
assistance of an exclusively humanitarian nature for migrants is not considered
unlawful
b) Review the
impacts of migration-related policies and laws to ensure that these do not raise
or create the risk of migrants going missing, including by identifying dangerous
transit routes used by migrants, by working with other States as well as
relevant stakeholders and international organizations to identify contextual
risks and establishing mechanisms for preventing and responding to such
situations, with particular attention to migrant children, especially those
unaccompanied or separated
c) Enable
migrants to communicate with their families without delay to inform them that
they are alive by facilitating access to means of communication along routes
and at their destination, including in places of detention, as well as access
to consular missions, local authorities and organizations that can provide
assistance with family contacts, especially in cases of unaccompanied or
separated migrant children, as well as adolescents
d) Establish
transnational coordination channels, including through consular cooperation,
and designate contact points for families looking for missing migrants, through
which families can be kept informed on the status of the search and obtain
other relevant information, while respecting the right to privacy and
protecting personal data
e) Collect,
centralize and systematize data regarding corpses and ensure traceability after
burial, in accordance with internationally accepted forensic standards, and
establish coordination channels at transnational level to facilitate
identification and the provision of information to families
f) Make all
efforts, including through international cooperation, to recover, identify and
repatriate the remains of deceased migrants to their countries of origin,
respecting the wishes of grieving families, and, in the case of unidentified
individuals, facilitate the identification and subsequent recovery of the
mortal remains, ensuring that the remains of deceased migrants are treated in a
dignified, respectful and proper manner
OBJECTIVE 9: Strengthen the transnational response to
smuggling of migrants
25. We commit to
intensify joint efforts to prevent and counter smuggling of migrants by
strengthening capacities and international cooperation to prevent, investigate,
prosecute and penalize the smuggling of migrants in order to end the impunity
of smuggling networks. We further commit to ensure that migrants shall not become liable to criminal prosecution for the
fact of having been the object of smuggling, notwithstanding potential
prosecution for other violations of national law. We also commit to identify
smuggled migrants to protect their human rights, taking into consideration the
special needs of women and children, and assisting in particular those migrants
subject to smuggling under aggravating circumstances, in accordance with
international law.
To realize this commitment, we will draw from the following
actions:
a) Promote
ratification, accession and implementation of the Protocol against the
Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations
Convention against Transnational Organised Crime (UNTOC)
b) Use
transnational, regional and bilateral mechanisms to share relevant information
and intelligence on smuggling routes, modus operandi and financial transactions
of smuggling networks, vulnerabilities faced by smuggled migrants, and other
data to dismantle the smuggling networks and enhance joint responses
c) Develop
gender-responsive and child-sensitive
cooperation protocols along
migration routes that outline step-by-step measures to adequately
identify and assist smuggled migrants, in accordance with
international law, as well as to facilitate cross-border law enforcement and
intelligence cooperation in order to prevent and counter smuggling of migrants
with the aim to end impunity for smugglers and prevent irregular migration,
while ensuring that counter-smuggling measures are in full respect for human
rights
d) Adopt
legislative and other measures as may be necessary to establish the smuggling
of migrants as a criminal offence, when committed intentionally and in order to
obtain, directly or indirectly, a financial or other material benefit for the
smuggler, and include enhanced penalties for smuggling of migrants under
aggravating circumstances, in accordance with international law
e) Design,
review or amend relevant policies and procedures to distinguish between the
crimes of smuggling of migrants and trafficking in persons by using the correct
definitions and applying distinct responses to these separate crimes, while
recognizing that smuggled migrants might also become victims of trafficking in
persons, therefore requiring appropriate protection and assistance
f) Take
measures to prevent the smuggling of migrants along the migration cycle
in partnership with other States
and relevant stakeholders, including by
cooperating in the fields of development, public
information, justice, as well as training and technical capacity- building at
national and local levels, paying special attention to geographic
areas from where irregular
migration systematically originates
OBJECTIVE 10: Prevent, combat and eradicate trafficking in
persons in the context of international migration
26. We commit to
take legislative or other measures to prevent, combat and eradicate trafficking
in persons in the context of international migration by strengthening
capacities and international cooperation to investigate, prosecute and penalize
trafficking in persons, discouraging demand that fosters exploitation
leading to trafficking, and ending impunity of trafficking networks. We further
commit to enhance the identification and protection of, and assistance to migrants who have become victims of trafficking,
paying particular attention to women and children.
To realize this commitment, we will draw from the following
actions:
a) Promote,
ratification, accession and implementation of the Protocol to Prevent, Suppress
and Punish Trafficking in Persons Especially Women and Children, supplementing
the United Nations Convention against Transnational Organized Crime (UNTOC)
b) Promote the
implementation of the Global Plan of Action to Combat Trafficking in Persons
and take into consideration relevant recommendations of the UNODC Toolkit to
Combat Trafficking in Persons and other relevant UNODC documents when
developing and implementing national and regional policies and measures
relating to trafficking in persons
c) Monitor
irregular migration routes which may be exploited by human trafficking networks
to recruit and victimize smuggled or irregular migrants, in order to strengthen
cooperation at bilateral, regional and cross-regional levels on prevention,
investigation, and prosecution of perpetrators, as well as on identification
of, and protection and assistance to victims of trafficking in persons
d) Share
relevant information and intelligence through transnational and regional
mechanisms, including on the modus operandi, economic models and conditions
driving trafficking networks, strengthen cooperation between all relevant
actors, including financial intelligence units, regulators and financial
institutions, to identify and disrupt financial flows associated with
trafficking in persons, and enhance judicial cooperation and enforcement with
the aim to ensure accountability and end impunity
e) Apply
measures that address the particular vulnerabilities of women, men, girls and
boys, regardless of their migration status, that have become or are at risk of becoming
victims of trafficking in persons and other forms of exploitation by
facilitating access to justice and safe reporting without fear of detention,
deportation or penalty, focusing on prevention, identification, appropriate
protection and assistance, and addressing specific forms of abuse and
exploitation
f) Ensure that
definitions of trafficking in persons used in legislation, migration policy and
planning, as well as in judicial prosecutions are in accordance with international law, in order to distinguish between the crimes of
trafficking in persons and smuggling of migrants
g) Strengthen
legislation and relevant procedures to enhance prosecution of traffickers,
avoid criminalization of migrants who are victims of trafficking in persons for
trafficking-related offences, and ensure that the victim receives appropriate
protection and assistance, not conditional upon cooperation with the
authorities against suspected traffickers
h) Provide
migrants that have become victims of trafficking in persons with protection and
assistance, such as measures for physical, psychological and social recovery,
as well as measures that permit them to remain in the country of destination,
temporarily or permanently, in appropriate cases, facilitating victims’ access to justice, including redress and compensation, in accordance with
international law
i) Create
national and local information systems and training programmes which alert and
educate citizens, employers, as well as public officials and law enforcement
officers, and strengthen capacities to identify signs of trafficking in persons, such as forced,
compulsory or child labour, in countries
of origin, transit and destination
j) Invest in
awareness-raising campaigns, in partnership with relevant stakeholders, for
migrants and prospective migrants on the risks and dangers of trafficking in
persons, and provide them with information on preventing and reporting
trafficking activities
OBJECTIVE 11: Manage borders in an integrated, secure and
coordinated manner
27. We commit to
manage our national borders in a coordinated manner, promoting bilateral and
regional cooperation, ensuring security for States, communities and migrants,
and facilitating safe and regular
cross-border movements of people while preventing irregular migration. We
further commit to implement border management policies that respect national
sovereignty, the rule of law, obligations under international law, human rights
of all migrants, regardless of their migration status, and are non-discriminatory,
gender-responsive and child-sensitive.
To realize this commitment, we will draw from the following
actions:
a) Enhance international, regional
and cross-regional border
management cooperation, taking
into consideration the particular situation of countries of transit, on proper
identification, timely and efficient referral, assistance and appropriate
protection of migrants in situations of vulnerability at or near international
borders, in compliance with international human rights law, by adopting
whole-of-government approaches, implementing joint cross- border trainings, and
fostering capacity-building measures
b) Establish
appropriate structures and mechanisms for
effective integrated border management by ensuring comprehensive
and efficient border
crossing procedures, including through pre-screening of
arriving persons, pre-reporting
by carriers of passengers, and use of information and
communication technology, while upholding the principle of non-discrimination,
respecting the right to privacy and protecting personal data
c) Review and
revise relevant national procedures for border screening, individual assessment
and interview processes to ensure due process at international borders and that all migrants are treated in accordance
with international human rights law, including through cooperation with
National Human Rights Institutions and other relevant stakeholders
d) Develop
technical cooperation agreements that enable States to request and offer
assets, equipment and other technical assistance to strengthen border
management, particularly in the area of search and rescue as well as other
emergency situations
e) Ensure that
child protection authorities are promptly informed and assigned
to participate in procedures for
the determination of the best interests of
the child once
an unaccompanied or separated
child crosses an international border, in accordance with international law,
including by training border officials in the rights of the child and child-
sensitive procedures, such as those that prevent family separation
and reunite families
when family separation occurs
f) Review and
revise relevant laws and regulations to determine whether sanctions are
appropriate to address irregular entry or stay and, if so, to ensure that they
are proportionate, equitable, non-discriminatory, and fully consistent with due
process and other obligations under international law
g) Improve
cross-border collaboration among neighbouring and other States relating to the
treatment given to persons crossing or seeking to cross international borders,
including by taking into consideration relevant recommendations from the OHCHR
Recommended Principles and Guidelines on Human Rights at International Borders
when identifying best practices
OBJECTIVE 12: Strengthen certainty and predictability in
migration procedures for appropriate screening, assessment and referral
28. We commit to
increase legal certainty and predictability of migration procedures by
developing and strengthening effective and human rights-based mechanisms for
the adequate and timely screening and individual assessment of all migrants for
the purpose of identifying and facilitating access to the appropriate referral
procedures, in accordance with international law.
To realize this commitment, we will draw from the following
actions:
a) Increase
transparency and accessibility of migration procedures by communicating the
requirements for entry, admission, stay, work, study or other activities, and
introducing
technology to simplify application procedures, in order to
avoid unnecessary delays and expenses for States and migrants
b) Develop and
conduct intra- and cross-regional specialized human rights and trauma- informed
trainings for first responders and government officials, including law
enforcement authorities, border officials, consular representatives and
judicial bodies, to facilitate and standardize identification and referral of,
as well as appropriate assistance and counselling in a culturally-sensitive
way, to victims of trafficking in persons, migrants in situations of
vulnerability, including children, in particular those unaccompanied or
separated, and persons affected by any form of exploitation and abuse related
to smuggling of migrants under aggravating circumstances
c) Establish
gender-responsive and child-sensitive referral mechanisms, including improved
screening measures and individual assessments at borders and places of first
arrival, by applying standardized operating procedures developed in
coordination with local authorities, National Human Rights
Institutions, international organizations and civil society
d) Ensure that
migrant children are promptly identified at places of first arrival in
countries of transit and destination, and, if unaccompanied or separated, are
swiftly referred to child protection authorities and other relevant services as
well as appointed a competent and impartial legal guardian, that family unity
is protected, and that anyone legitimately claiming to be a child is treated as
such unless otherwise determined through a multi-disciplinary, independent and
child-sensitive age assessment
e) Ensure that,
in the context of mixed movements, relevant information on rights and
obligations under national laws and procedures, including on entry and stay
requirements, available forms of protection, as well as options for return and
reintegration, is appropriately, timely and effectively communicated, and
accessible
OBJECTIVE 13: Use immigration detention only as a measure of
last resort and work towards alternatives
29. We commit to
ensure that any detention in the context of international migration follows due
process, is non-arbitrary, based on
law, necessity, proportionality and individual
assessments, is carried out by authorized officials, and for the
shortest possible period of time, irrespective of whether detention occurs at
the moment of entry, in transit, or proceedings of return, and regardless of the type of place where the
detention occurs. We further commit to prioritize non- custodial alternatives
to detention that are in line with international law, and to take a human
rights-based approach to any detention of migrants, using detention as a
measure of last resort only.
To realize this commitment, we will draw from the following
actions:
a) Use existing
relevant human rights mechanisms to improve independent monitoring of migrant
detention, ensuring that it is a measure of last resort, that human rights
violations do not occur, and that States promote, implement and expand
alternatives to detention, favouring non-custodial measures and community-based
care arrangements, especially in the case of families and children
b) Consolidate
a comprehensive repository to disseminate best practices of human rights- based
alternatives to detention in the context of international migration, including
by facilitating regular exchanges and the development of initiatives based on
successful practices among States, and between States and relevant stakeholders
c) Review and
revise relevant legislation, policies and practices related to immigration
detention to ensure that migrants are not detained arbitrarily, that decisions
to detain are based on law, are proportionate, have a legitimate purpose, and
are taken on an individual basis, in full compliance with due process and
procedural safeguards, and that immigration detention is not promoted as a
deterrent or used as a form of cruel, inhumane or degrading treatment to
migrants, in accordance with international human rights law
d) Provide
access to justice for all migrants in countries of transit and destination that
are or may be subject to detention, including by facilitating access to free or
affordable legal advice and assistance of a qualified and independent lawyer,
as well as access to information and the right to regular review of a detention
order
e) Ensure that
all migrants in detention are informed about the reasons for their detention,
in a language they understand, and facilitate the exercise of their rights,
including to communicate with the respective consular or diplomatic missions
without delay, legal representatives and family members, in accordance with
international law and due process guarantees
f) Reduce the
negative and potentially lasting effects of detention on migrants by
guaranteeing due process and proportionality, that it is for the shortest
period of time, safeguards physical and mental integrity, and that, as a
minimum, access to food, basic healthcare, legal orientation and assistance,
information and communication, as well as adequate accommodation is granted, in
accordance with international human rights law
g) Ensure that
all governmental authorities and private actors duly charged with administering
immigration detention do so in a way consistent with human rights and are
trained on non- discrimination, the prevention of arbitrary arrest and
detention in the context of international migration, and are held accountable
for violations or abuses of human rights
h) Protect and
respect the rights and best interests of the child at all times, regardless of
their migration status, by ensuring availability and accessibility of a
viable range of alternatives
to detention in non-custodial contexts, favouring community-based care
arrangements, that ensure access to education and healthcare, and respect their
right to family life and family unity, and by working to end the practice of
child detention in the context of international migration
OBJECTIVE 14: Enhance consular protection, assistance and
cooperation throughout the migration cycle
30. We commit to
strengthen consular protection of and
assistance to our nationals abroad, as
well as consular cooperation
between States in order to better
safeguard the rights and
interests of all migrants at all
times, and to build upon the functions of consular missions to enhance
interactions between migrants and State authorities of countries of
origin, transit and
destination, in accordance with international law.
To realize this commitment, we will draw from the following
actions:
a) Cooperate to
build consular capacities, train consular officers, promote arrangements for
providing consular services collectively where individual States lack capacity,
including through technical assistance, and to develop bilateral or regional
agreements on various aspects of consular cooperation
b) Involve
relevant consular and immigration personnel in existing global and regional
fora on migration in order to exchange information and best practices about
issues of mutual
concern that pertain to citizens abroad and contribute to
comprehensive and evidence- based migration policy development
c) Conclude
bilateral or regional agreements on consular assistance and representation in
places where States have an interest in strengthening effective consular
services related to migration, but do
not have a diplomatic or consular presence
d) Strengthen consular
capacities in order to identify, protect and assist our nationals abroad who are in a situation of vulnerability,
including victims of human and labour rights violations or abuse, victims of
crime, victims of trafficking in persons, migrants subject to smuggling under
aggravating circumstances, and migrant workers exploited in the process of
recruitment, by providing training to consular officers on human rights-based,
gender- responsive and child-sensitive actions in this regard
e) Provide our
nationals abroad the opportunity to register with the country of origin, in
close cooperation with consular, national and local authorities, as well as
relevant migrant organizations, as a means to facilitate information, services
and assistance to migrants in emergency situations and ensure migrants’
accessibility to relevant and timely information, such as by establishing
helplines and consolidating national digital databases, while upholding the
right to privacy and protecting personal data
f) Provide consular
support to our nationals through advice, including on local laws and customs,
interaction with authorities, financial inclusion, and business establishment,
as well as through the issuance of relevant documentation, such as travel
documents, and consular identity documents that may facilitate access to
services, assistance in emergency situations, the opening of a bank account,
and access to remittance facilities
OBJECTIVE 15: Provide access to basic services for migrants
31. We commit to
ensure that all migrants, regardless of their migration status, can exercise
their human rights through safe access to basic services. We further commit to
strengthen migrant- inclusive service delivery systems, notwithstanding that
nationals and regular migrants may be entitled to more comprehensive service
provision, while ensuring that any differential treatment must be based on law,
proportionate, pursue a legitimate aim, in accordance with international human
rights law.
To realize this commitment, we will draw from the following
actions:
a) Enact laws
and take measures to ensure that service delivery does not amount to
discrimination against migrants on the grounds of race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth, disability or other grounds irrespective of cases where differential
provision of services based on migration
status might apply
b) Ensure that
cooperation between service providers and immigration authorities does not
exacerbate vulnerabilities of irregular migrants by compromising their safe
access to basic services or unlawfully infringing upon the human rights to
privacy, liberty and security of person at places of basic service delivery
c) Establish
and strengthen holistic and easily accessible service points at local level,
that are migrant inclusive, offer relevant information on basic services in a
gender- and disability- responsive as well as child-sensitive manner, and
facilitate safe access thereto
d) Establish or
mandate independent institutions at the national or local level, such as
National Human Rights Institutions, to receive, investigate and monitor
complaints about situations
in which migrants’ access to basic services is
systematically denied or hindered, facilitate access to redress, and work
towards a change in practice
e) Incorporate
the health needs of migrants in national and
local health care
policies and plans, such as by
strengthening capacities for service provision, facilitating affordable and
non-discriminatory access, reducing communication barriers, and training health
care providers on culturally-sensitive service delivery, in order to promote
physical and mental health of migrants and communities overall, including by
taking into consideration relevant recommendations from the WHO Framework of
Priorities and Guiding Principles
to Promote the Health of Refugees
and Migrants
f) Provide
inclusive and equitable quality education to migrant children and youth, as
well as facilitate access to lifelong learning opportunities , including by
strengthening the capacities of education systems and by facilitating
non-discriminatory access to early childhood development, formal schooling,
non-formal education programmes for children
for whom the formal system is
inaccessible, on-the-job and vocational
training, technical education, and
language training, as well as by fostering partnerships with all stakeholders
that can support this endeavour
OBJECTIVE 16: Empower migrants and societies to realize full
inclusion and social cohesion
32. We commit to
foster inclusive and cohesive societies by empowering migrants to become active
members of society and promoting the reciprocal engagement of receiving
communities and migrants in the exercise of their rights and obligations
towards each other, including
observance of national laws and respect
for customs of the country of destination. We further commit to strengthen the
welfare of all members of societies by minimizing disparities,
avoiding polarization and increasing public confidence in policies and
institutions related to migration, in line with the acknowledgment that fully
integrated migrants are better
positioned to contribute to prosperity.
To realize this commitment, we will draw from the following
actions:
a) Promote
mutual respect for the cultures, traditions and customs of communities of
destination and of migrants by exchanging and implementing best
practices on integration policies, programmes and activities, including on ways
to promote acceptance of diversity and
facilitate social cohesion and inclusion
b) Establish
comprehensive and needs-based pre-departure and post-arrival programmes that may include rights and
obligations, basic language training, as well as orientation about social norms
and customs in the country of destination
c) Develop
national short, medium and long term policy goals regarding the inclusion of
migrants in societies, including on labour market integration, family
reunification, education, non-discrimination and health, including by
fostering partnerships with
relevant stakeholders
d) Work towards
inclusive labour markets and full participation of migrant workers in the
formal economy by facilitating access to decent work and employment for which
they are most qualified, in accordance with local and national labour market
demands and skills supply
e) Empower
migrant women by eliminating gender-based discriminatory restrictions on formal
employment, ensuring the right to freedom of association, and facilitating
access to relevant basic services, as measures to promote their leadership and
guarantee their full, free and equal participation in society and the economy
f) Establish
community centres or programmes at the local level to facilitate migrant participation
in the receiving society by involving migrants, community members, diaspora
organizations, migrant associations, and local authorities in intercultural
dialogue, sharing of stories, mentorship programmes, and development of
business ties that improve integration outcomes and foster mutual respect
g) Capitalize
on the skills, cultural and language proficiency of migrants and receiving
communities by developing and promoting peer-to-peer training exchanges,
gender- responsive, vocational and civic integration courses and workshops
h) Support
multicultural activities through sports, music, arts, culinary festivals,
volunteering and other social events that will facilitate mutual understanding
and appreciation of migrant cultures and those of destination communities
i) Promote
school environments that are welcoming and safe, and support the aspirations of
migrant children by enhancing relationships within the school community,
incorporating evidence-based information about migration in education curricula,
and dedicating targeted resources to schools with a high concentration of
migrant children for integration activities
in order to promote respect for diversity and inclusion, and to prevent
all forms discrimination, including
racism, xenophobia and intolerance
OBJECTIVE 17: Eliminate all forms of discrimination and
promote evidence-based public discourse to shape perceptions of migration
33. We commit to
eliminate all forms of discrimination, condemn and counter expressions, acts
and manifestations of racism, racial discrimination, violence, xenophobia and
related intolerance against all migrants in conformity with international human
rights law. We further commit to promote an open and evidence-based public
discourse on migration and migrants in partnership with all parts of society,
that generates a more realistic, humane
and constructive perception in this
regard. We also commit to protect freedom of expression in accordance with
international law, recognizing that
an open
and free debate
contributes to a
comprehensive understanding of
all aspects of migration.
To realize this commitment, we will draw from the following
actions:
a) Enact,
implement or maintain legislation that penalizes hate crimes and aggravated
hate crimes targeting migrants, and train law enforcement and other public
officials to identify, prevent and respond to such crimes and other acts of
violence that target migrants, as well as to provide medical, legal and
psychosocial assistance for victims
b) Empower
migrants and communities to denounce any acts of incitement
to violence directed towards migrants by informing them
of available mechanisms for
redress, and ensure that those
who actively participate in the commission of a hate crime targeting migrants
are held accountable, in accordance with national legislation, while upholding
international human rights law, in particular the right to freedom of
expression
c) Promote
independent, objective and quality reporting of media outlets, including
internet- based information, including by sensitizing and educating media
professionals on migration-related issues and terminology, investing in ethical
reporting standards and advertising, and stopping allocation of public funding
or material support to media outlets that systematically promote intolerance,
xenophobia, racism and other forms of
discrimination towards migrants, in full respect for the freedom of the
media
d) Establish
mechanisms to prevent, detect and respond to racial, ethnic and religious
profiling of migrants by public
authorities, as well as systematic
instances of intolerance,
xenophobia, racism and all other multiple and intersecting forms of
discrimination in partnership with National Human Rights Institutions,
including by tracking and publishing trends analyses, and ensuring access to
effective complaint and redress mechanisms
e) Provide
migrants, especially migrant women, with access to national and regional
complaint and redress mechanisms with a view to promoting accountability and addressing
governmental actions related to discriminatory acts and manifestations carried
out against migrants and their families
f) Promote
awareness-raising campaigns targeted at communities of origin, transit and
destination in order to inform public perceptions regarding the positive
contributions of safe, orderly and regular migration, based on evidence and
facts, and to end racism, xenophobia and stigmatization against all migrants
g) Engage
migrants, political, religious and community leaders, as well as educators and
service providers to detect and prevent incidences of intolerance, racism,
xenophobia, and other forms of discrimination against migrants and diasporas
and support activities in local communities to promote mutual respect,
including in the context of electoral campaigns
OBJECTIVE 18: Invest in skills development and facilitate
mutual recognition of skills, qualifications and competences
34. We commit to
invest in innovative solutions that facilitate mutual recognition of skills, qualifications
and competences of migrant workers at all skills levels, and promote
demand- driven skills development to
optimize the employability of migrants in formal labour markets in countries of
destination and in countries of origin upon return, as well as to ensure decent
work in labour migration.
To realize this commitment, we will draw from the following
actions:
a) Develop
standards and guidelines for the mutual recognition of foreign qualifications
and non-formally acquired skills in different sectors in collaboration with the
respective industries with a view to ensuring worldwide compatibility based on
existing models and best practices
b) Promote
transparency of certifications and compatibility of National Qualifications
Frameworks by agreeing on standard criteria, indicators and assessment
parameters, and by creating and strengthening national skills profiling tools,
registries or institutions in order to facilitate effective and efficient
mutual recognition procedures at all skills levels
c) Conclude
bilateral, regional or multilateral mutual recognition agreements or include
recognition provisions in other agreements, such as labour mobility or trade
agreements, in order to provide equivalence or comparability in national
systems, such as automatic or managed mutual recognition mechanisms
d) Use
technology and digitalization to evaluate and mutually recognize skills more
comprehensively based on formal credentials as well as non-formally acquired
competences and professional experience at all skills levels
e) Build global
skills partnerships amongst countries that strengthen training capacities of
national authorities and relevant stakeholders, including the private
sector and trade
unions, and foster skills development of workers in countries of origin
and migrants in
countries of destination with a view to preparing trainees
for employability in the labour markets of all participating countries
f) Promote
inter-institutional networks and collaborative programmes for partnerships between
the private sector and educational institutions in countries of origin and
destination to enable mutually beneficial skills development opportunities for
migrants, communities and participating partners, including by building on the
best practices of the Business Mechanism developed in the context of the Global
Forum on Migration and Development
g) Engage in
bilateral partnerships and programmes in cooperation with relevant stakeholders
that promote skills development, mobility and circulation, such as student
exchange programmes, scholarships, professional exchange programmes and
trainee- or apprenticeships that include options for beneficiaries, after
successful completion of these programmes, to seek employment and engage in
entrepreneurship
h) Cooperate
with the private sector and employers to make available easily accessible and
gender-responsive remote or online skills development and matching programmes
to migrants at all skills levels,
including early and occupation-specific language training, on- the-job training
and access to advanced training
programmes, to enhance
their employability in sectors
with demand for labour based on the industry’s knowledge of labour market
dynamics, especially to promote the economic empowerment of women
i) Enhance the
ability of migrant workers to transition from a job or employer to another by
making available documentation that recognizes skills acquired on the job or
through training in order to optimize the benefits of upskilling
j) Develop and
promote innovative ways to mutually recognize and assess formally and
informally acquired skills, including through timely and complementary training
to job seekers, mentoring, and internship programmes in order to fully
recognize existing credentials and provide certificates of proficiency for the
validation of newly acquired skills
k) Establish
screening mechanisms of credentials and offer information to migrants on how to
get their skills and qualifications assessed and recognized prior to departure,
including in recruitment processes or at an early stage after arrival to
improve employability
l) Cooperate
to promote documentation and information tools, in partnership with relevant
stakeholders, that provide an overview of a worker’s credentials, skills and
qualifications, recognized in countries of origin, transit and destination, in
order to enable employers to evaluate the suitability of migrant workers in job
application processes
OBJECTIVE 19: Create conditions for migrants and diasporas
to fully contribute to sustainable development in all countries
35. We commit to
empower migrants and diasporas to catalyse
their development contributions, and to harness the benefits
of migration as a
source of sustainable development,
reaffirming that migration is a
multidimensional reality of major relevance for
the sustainable development of
countries of origin, transit and destination
To realize this commitment, we will draw from the following
actions:
a) Ensure the
full and effective implementation of the 2030 Agenda for Sustainable
Development and the Addis Ababa Action Agenda by fostering and facilitating the
positive effects of migration for the realization of all Sustainable
Development Goals
b) Integrate
migration into development planning and sectoral policies at local, national,
regional and global levels, taking into consideration relevant existing policy
guidelines and recommendations, such as the GMG Handbook on Mainstreaming
Migration into Development Planning, in order to strengthen policy coherence
and effectiveness of development cooperation
c) Invest in
research on the impact of non-financial contributions of migrants and diasporas
to sustainable development in countries of origin and destination, such as
knowledge and skills transfer, social and civic engagement, and cultural
exchange, with a view to developing evidence-based policies and strengthening
global policy discussions
d) Facilitate
the contributions of migrants and
diasporas to their countries of origin, including by establishing or strengthening government structures or
mechanisms at all levels, such
as dedicated diaspora offices or focal points, diaspora policy advisory
boards for governments to account for
the potential of migrants and diasporas in migration and development
policy-making, and dedicated diaspora focal points in diplomatic or consular
missions
e) Develop
targeted support programmes and financial products that facilitate migrant and
diaspora investments and entrepreneurship, including by providing
administrative and legal support in business creation, granting seed
capital-matching, establish diaspora bonds and diaspora development funds,
investment funds, and organize dedicated trade fairs
f) Provide
easily accessible information and guidance, including through digital
platforms, as well as tailored mechanisms for the coordinated and effective
financial, voluntary or philanthropic engagement of migrants and
diasporas, especially in
humanitarian emergencies in their countries of origin, including by
involving consular missions
g) Enable
political participation and engagement of migrants in their countries of
origin, including in peace and reconciliation processes, in elections and
political reforms, such as by
establishing voting registries for
citizens abroad, and by
parliamentary representation, in accordance with national legislation
h) Promote
migration policies that optimize the benefits of diasporas for countries of
origin and destination and their
communities, by facilitating flexible modalities to travel, work and invest
with minimal administrative burdens, including by reviewing and revising visa,
residency and citizenship regulations, as appropriate
i) Cooperate
with other States, the private sector and employers organizations to enable
migrants and diasporas, especially those in highly technical fields and in high
demand, to carry out some of their professional activities and engage in
knowledge transfer in their home countries, without necessarily losing
employment, residence status, or earned social benefits
j) Build
partnerships between local authorities, local communities, the private sector,
diasporas, hometown associations and migrant organizations to promote knowledge
and skills transfer between their countries of origin and countries of
destination, including by mapping the diasporas and their skills, as a means to
maintain the link between diasporas and their country of origin
OBJECTIVE 20: Promote faster, safer and cheaper transfer of
remittances and foster financial inclusion of migrants
36. We commit to
promote faster, safer and cheaper remittances by further developing existing
conducive policy and regulatory environments that enable competition,
regulation and
innovation on the remittance market and by providing
gender-responsive programmes and instruments that enhance the financial
inclusion of migrants and their families. We further commit to optimize the
transformative impact of remittances on the well-being of migrant workers and
their families, as well as on sustainable development of countries, while
respecting that remittances constitute an important source of private capital,
and cannot be equated to other international financial flows, such as foreign
direct investment, official development assistance, or other public sources of
financing for development.
To realize this commitment, we will draw from the following
actions:
a) Develop a
roadmap to reduce the transaction costs of migrant remittances to less than 3
per cent and eliminate remittance corridors with costs higher than 5 per cent
by 2030 in line with target 10.c of the 2030 Agenda for Sustainable Development
b) Promote and
support the United Nations International Day of Family Remittances and the IFAD
Global Forum on Remittances, Investment and Development as an important
platform to build and strengthen partnerships for innovative solutions on
cheaper, faster and safer transfer of remittances with all relevant
stakeholders
c) Harmonize
remittance market regulations and increase the interoperability of remittance
infrastructure along corridors by ensuring that measures to combat illicit
financial flows and money laundering do not impede migrant remittances through
undue, excessive or discriminatory policies
d) Establish
conducive policy and regulatory frameworks that promote a competitive and
innovative remittance market, remove unwarranted obstacles
to non-bank remittance service providers in accessing
payment system infrastructure, apply tax exemptions or incentives to remittance
transfers, promote market access to diverse service providers, incentivize the
private sector to expand remittance services, and enhance the security and
predictability of low-value transactions by bearing in mind de-risking
concerns, and developing a methodology to distinguish remittances from illicit
flows, in consultation with remittance service providers and financial
regulators
e) Develop
innovative technological solutions for remittance transfer, such as mobile
payments, digital tools or e-banking, to reduce costs, improve speed, enhance
security, increase transfer through regular channels and open up
gender-responsive distribution channels to underserved populations, including
for persons in rural areas, persons with low levels of literacy, and persons
with disabilities
f) Provide
accessible information on remittance transfer costs by provider and channel,
such as comparison websites, in order to increase the transparency and
competition on the remittance transfer market, and promote financial literacy
and inclusion of migrants and their families through education and training
g) Develop
programmes and instruments to promote investments from remittance senders in
local development and entrepreneurship in countries of origin, such as through
matching- grant mechanisms, municipal bonds and partnerships with hometown
associations, in order to enhance the transformative potential of remittances
beyond the individual households of migrant workers at skills levels
h) Enable
migrant women to access financial literacy training and formal remittance
transfer systems, as well as to open a bank account, own and manage financial
assets, investments and business as means to address gender inequalities and
foster their active participation in the economy
i) Provide
access to and develop banking solutions and financial instruments for migrants,
including low-income and female-headed households, such as bank accounts that
permit
direct deposits by employers, savings accounts, loans and
credits in cooperation with the banking sector
OBJECTIVE 21: Cooperate in facilitating safe and dignified
return and readmission, as well as sustainable reintegration
37. We commit to
facilitate and cooperate for safe and dignified return and to
guarantee due process, individual assessment and effective
remedy, by upholding the prohibition of collective expulsion and of
returning migrants when there is a real
and foreseeable risk of death, torture,
and other cruel, inhuman, and degrading treatment or punishment, or other
irreparable harm, in accordance with our obligations under international human
rights law. We further commit to ensure that our nationals are duly received
and readmitted, in full respect for the human right to return to one’s own
country and the obligation of States to readmit their own nationals. We also
commit to create conducive conditions for personal safety, economic empowerment,
inclusion and social cohesion in communities, in order to ensure that
reintegration of migrants upon return to
their countries of origin is sustainable.
To realize this commitment, we will draw from the following
actions:
a) Develop and
implement bilateral, regional and multilateral cooperation frameworks and
agreements, including readmission agreements, ensuring that return and
readmission of migrants to their own country is safe, dignified and in full
compliance with international human rights law, including the rights of the
child, by determining clear and mutually agreed procedures that
uphold procedural safeguards,
guarantee individual assessments
and legal certainty, and by ensuring they also include provisions that
facilitate sustainable reintegration
b) Promote
gender-responsive and child-sensitive return and reintegration programmes, that
may include legal, social and financial support, guaranteeing that all returns
in the context of such voluntary programmes effectively take place on the basis
of the migrant’s free, prior and informed consent, and that returning migrants
are assisted in their reintegration process through effective partnerships,
including to avoid they become displaced in the country of origin upon return
c) Cooperate on
identification of nationals and issuance of travel documents for safe and
dignified return and readmission in cases of persons that do not have the legal
right to stay on another State’s
territory, by establishing reliable and efficient means of identification of
own nationals such as through the addition of biometric identifiers in
population registries, and by digitalizing civil registry systems, with full
respect to the right to privacy and protection of personal data
d) Foster
institutional contacts between consular authorities and relevant officials from
countries of origin and destination, and provide adequate consular assistance
to returning migrants prior to return by facilitating access to documentation,
travel documents, and other services, in order to ensure predictability, safety
and dignity in return and readmission
e) Ensure that
the return of migrants who do not have the legal right to stay on another
State’s territory is safe and dignified, follows an individual assessment, is
carried out by competent authorities through prompt and effective cooperation
between countries of origin and destination, and allows all applicable legal
remedies to be exhausted, in compliance with due process guarantees, and other
obligations under international human rights law
f) Establish or
strengthen national monitoring mechanisms on return, in partnership with
relevant stakeholders, that provide independent recommendations on ways and
means to
strengthen accountability, in order to guarantee the safety,
dignity, and human rights of all returning migrants
g) Ensure that
return and readmission processes involving children are carried
out only after a determination of the best interests of the
child, take into account the right to family life, family unity, and that a
parent, legal guardian or specialized official accompanies the child throughout
the return process, ensuring that appropriate reception, care and reintegration
arrangements for children are in place in the country of origin upon return
h) Facilitate
the sustainable reintegration of returning migrants into community life
by providing them equal access to social protection and services,
justice, psycho-social assistance, vocational training, employment
opportunities and decent work, recognition of skills acquired abroad, and
financial services, in order to fully build upon their entrepreneurship, skills
and human capital as active
members of society and
contributors to sustainable development in the country of origin upon
return
i) Identify
and address the needs of the communities to which migrants return by including
respective provisions in national and local development strategies,
infrastructure planning, budget allocations and other relevant policy decisions
and cooperating with local authorities and relevant stakeholders
OBJECTIVE 22: Establish mechanisms for the portability of
social security entitlements and earned benefits
38. We commit to
assist migrant workers at all skills levels to have access to social protection
in countries of destination and profit from the portability of applicable
social security entitlements and earned benefits in their countries of origin
or when they decide to take up work in another country.
To realize this commitment, we will draw from the following
actions:
a) Establish or
maintain non-discriminatory national social protection systems, including social
protection floors for nationals and migrants, in line with the ILO
Recommendation 202 on Social Protection Floors
b) Conclude
reciprocal bilateral, regional or multilateral social security agreements on
the portability of earned benefits for migrant workers at all skills levels,
which refer to applicable social protection floors in the respective States,
applicable social security entitlements and provisions, such as pensions,
healthcare or other earned benefits, or
integrate such provisions into other relevant agreements,
such as those on
long-term and temporary labour migration
c) Integrate
provisions on the portability of entitlements and earned benefits into
national social security
frameworks, designate focal points in countries of origin, transit and
destination that facilitate portability requests from migrants, address the
difficulties women and older persons can face in accessing social protection,
and establish dedicated instruments, such as migrant welfare funds in
countries of origin that support migrant
workers and their families
OBJECTIVE 23: Strengthen international cooperation and
global partnerships for safe, orderly and regular migration
39. We commit to
support each other in the realization of the objectives and commitments laid
out in this Global Compact through enhanced international cooperation, a
revitalized global partnership, and in the spirit of solidarity, reaffirming
the centrality of a comprehensive and integrated approach to facilitate safe,
orderly and regular migration, and recognizing that we are all countries of
origin, transit and destination. We further commit to take joint action in
addressing the challenges faced by each country to implement this Global
Compact, underscoring the specific challenges faced in particular by African
countries, least developed countries, landlocked developing countries, small
island developing States, and middle-income countries. We also commit to
promote the mutually reinforcing nature between the Global Compact and existing
international legal and policy frameworks, by aligning the implementation of
this Global Compact with such frameworks, particularly the 2030 Agenda for
Sustainable Development as well as the Addis Ababa Action Agenda, and their
recognition that migration and sustainable development are multidimensional and
interdependent.
To realize this commitment, we will draw from the following
actions:
a) Support
other States as we collectively implement the Global Compact, including through
the provision of financial and technical assistance, in line with national
priorities, policies action plans and strategies, through a whole-of-government
and whole-of-society approach
b) Increase
international and regional cooperation to accelerate the implementation of the
2030 Agenda for Sustainable Development in geographic areas from where
irregular migration systematically originates due to consistent impacts of
poverty, unemployment, climate change and disasters, inequality, corruption,
poor governance, among other structural factors, through appropriate
cooperation frameworks, innovative partnerships and the involvement of all
relevant stakeholders, while upholding national ownership and shared
responsibility
c) Involve and
support local authorities in the identification of needs and opportunities for
international cooperation for the effective implementation of the Global
Compact and integrate their perspectives and priorities into development
strategies, programmes and planning on migration, as a means to ensure good governance
as well as policy coherence across levels of government and policy sectors, and
maximize the effectiveness and impact of international development cooperation
d) Make use of
the capacity-building mechanism and build upon other existing instruments to
strengthen the capacities of relevant authorities by mobilizing technical, financial
and human resources from States
international financial institutions, the private sector, international
organizations and other sources in order to assist all States in fulfilling the
commitments outlined in this Global Compact
e) Conclude
bilateral, regional or multilateral mutually beneficial, tailored and
transparent partnerships, in line with international law, that develop targeted
solutions to migration policy issues of common interest
and address opportunities and challenges of migration in accordance with the
Global Compact
IMPLEMENTATION
40. For the
effective implementation of the Global Compact, we require concerted efforts at
global, regional, national and local levels, including a coherent United
Nations system.
41. We commit to
fulfil the objectives and commitments outlined in the Global Compact, in line
with our vision and guiding principles, by taking effective steps at all levels
to facilitate safe, orderly and regular migration at all stages. We will
implement the Global Compact, within our own countries and at the regional and
global levels, taking into account different national realities, capacities,
and levels of development, and respecting national policies and priorities. We
reaffirm our commitment to international law and emphasize that the Global
Compact is to be implemented in a manner that is consistent with our rights and
obligations under international law.
42. We will
implement the Global Compact through enhanced bilateral, regional and
multilateral cooperation and a revitalized global partnership in a spirit of
solidarity. We will continue building on existing mechanisms, platforms and
frameworks to address migration in all its dimensions. Recognizing the
centrality of international cooperation for the effective fulfilment of
the objectives and commitments, we will
strive to reinforce our engagement in North-South, South- South and triangular
cooperation and assistance. Our cooperation efforts in this regard will be
aligned with the 2030 Agenda for Sustainable Development and the Addis Ababa
Action Agenda.
43. We decide to
establish a capacity-building mechanism in the United Nations, building upon
existing initiatives, that supports efforts of Member States to implement the
Global Compact. It allows Members States, the United Nations and other relevant
stakeholders, including the private sector and philanthropic
foundations, to contribute technical, financial and human resources on a voluntary basis in order
to strengthen capacities and foster multi-partner cooperation. The
capacity-building mechanism will consist of:
a) A connection
hub that facilitates demand-driven, tailor-made and integrated solutions, by:
i. advising
on, assessing and processing country requests for the development of solutions
ii. identifying
main implementing partners within and outside of the United Nations system, in
line with their comparative advantages and operational capacities
iii. connecting
the request to similar initiatives and solutions for peer-to-peer exchange and
potential replication, where existing and relevant
iv. ensuring
effective set-up for multi-agency and multi-stakeholder implementation
v. identifying
funding opportunities, including by initiating the start-up fund
b) A start-up
fund for initial financing to realize project-oriented solutions, by:
i. providing
seed-funding, where needed, to jump start a specific project
ii. complementing
other funding sources
iii. receiving
voluntary financial contributions by Member States, the United Nations,
international financial institutions, and other stakeholders, including the
private sector and philanthropic
foundations
c) A global
knowledge platform as an online open data source, by:
i. serving as
a repository of existing evidence, practices and initiatives
ii. facilitating
the accessibility to knowledge and sharing of solutions
iii. building on
the GFMD Platform for Partnerships and other relevant sources
44. We will
implement the Global Compact in cooperation and partnership with migrants,
civil society, migrant and diaspora organizations, faith-based organizations,
local authorities and communities, the private sector, trade unions,
parliamentarians, National Human Rights Institutions, the International Red
Cross and Red Crescent Movement, academia, the media and other relevant
stakeholders.
45. We welcome
the decision of the Secretary-General to establish a United Nations network on
migration to ensure effective and coherent system-wide support to
implementation, including the capacity-building mechanism, as well as follow-up
and review of the Global Compact, in response to the needs of Member States. In
this regard, we note that:
a) IOM will
serve as the coordinator and secretariat of the network
b) the network
will fully draw from the technical expertise and experience of relevant
entities within the United Nations system
c) the work of
the network will be fully aligned with existing coordination mechanisms and the
repositioning of the United Nations Development System
46. We request
the Secretary-General, drawing on the network, to report to the General
Assembly on a biennial basis on the implementation of the Global Compact, the
activities of the United Nations system in this regard, as well as the
functioning of the institutional arrangements.
47. Further
recognizing the important role of State-led processes and platforms at
global and regional levels in advancing the
international dialogue on migration, we invite the Global Forum on Migration
and Development, Regional Consultative Processes and other global, regional and
subregional fora to provide platforms to exchange experiences on the
implementation of the Global Compact,
share good practices on policies and cooperation, promote innovative
approaches, and foster multi-stakeholder partnerships around specific policy
issues.
FOLLOW-UP AND REVIEW
48. We will
review the progress made at local, national, regional and global levels in implementing the Global Compact in the
framework of the United Nations through a
State-led approach and with the
participation of all relevant stakeholders. For follow-up and review, we agree
on intergovernmental measures that will assist us in fulfilling our objectives
and commitments.
49. Considering
that international migration requires a forum at global level through which
Member States can review the implementation progress and guide the direction of
the United Nations’ work, we decide that:
a) The High-level
Dialogue on International Migration and Development, currently scheduled to
take place every fourth session of the General Assembly, shall be repurposed
and renamed “International Migration Review Forum”
b) The
International Migration Review Forum shall serve as the primary
intergovernmental global platform for
Member States to discuss and share progress on the implementation of all aspects of the Global Compact, including
as it relates to the 2030 Agenda
for Sustainable Development, and
with the participation of all relevant stakeholders
c) The
International Migration Review Forum shall take place every four years
beginning in 2022
d) The
International Migration Review Forum shall discuss the implementation of the
Global Compact at the local, national, regional and global levels, as well as
allow for interaction with other relevant stakeholders with a view to building
upon accomplishments and identifying opportunities for further cooperation
e) Each edition
of the International Migration Review Forum will result in an inter-
governmentally agreed Progress Declaration, which may
be taken into
consideration by the High Level
Political Forum on Sustainable Development
50. Considering
that most international migration takes place within regions, we invite
relevant subregional, regional and cross-regional processes, platforms and
organizations, including the United Nations Regional Economic Commissions or
Regional Consultative Processes, to review the implementation of the Global
Compact within the respective regions, beginning in 2020, alternating with
discussions at global level at a four year interval, in order to effectively
inform each edition of the International Migration Review Forum, with the
participation of all relevant stakeholders.
51. We invite the
Global Forum on Migration and Development to provide a space for annual
informal exchange on the implementation of the Global Compact, and report the
findings, best practices and innovative approaches to the International
Migration Review Forum.
52. Recognizing
the important contributions of State-led initiatives on international
migration, we invite fora, such as the IOM International Dialogue on Migration,
Regional Consultative Processes, and others to contribute to the International
Migration Review Forum by providing relevant data, evidence, best practices,
innovative approaches and recommendations as they relate to the implementation
of the Global Compact for Safe, Orderly and Regular Migration.
53. We encourage
all Member States to develop, as soon as practicable, ambitious national
responses for the implementation of the Global Compact, and to conduct regular
and inclusive reviews of progress at the national level, such as through the
voluntary elaboration and use of a national implementation plan. Such reviews
should draw on contributions from all relevant stakeholders, as well as
parliaments and local authorities, and serve to effectively inform the
participation of Member States in the International Migration Review Forum and other
relevant fora.
54. We request
the President of the General Assembly to launch and conclude, in 2019, open,
transparent and inclusive intergovernmental consultations to determine
the precise modalities and organizational aspects of the International
Migration Review Fora, and articulate how the contributions of the regional
reviews and other relevant processes will inform the Fora, as a means to further strengthen overall
effectiveness and consistency of the follow-up and review outlined in the
Global Compact.
1 International Convention on the Elimination of All Forms
of Racial Discrimination, Convention on the Elimination of All Forms of
Discrimination against Women, Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, Convention on the Rights of the
Child, International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, International Convention for the
Protection of All Persons from Enforced Disappearance, Convention on the Rights
of Persons with Disabilities.
2 Adopted under the UNFCCC in FCCC/CP/2015/10/Add.1,
decision 1/CP.21.
3 Migration for Employment Convention of 1949 (No.97),
Migrant Workers Convention of 1975 (No.143), Equality of Treatment Convention
of 1962 (No.118), Convention on Decent Work for Domestic Workers of 2011
(No.189).
4 Adopted under the UNFCCC in FCCC/CP/2015/10/Add.1,
decision 1/CP.21.
