THE PRESIDENT OF THE
GENERAL
ASSEMBLY
11 July 2018
Excellency,
I have the honour to transmit a letter dated 11 July
2018 from H.E. Mr. Juan José Gómez-Camacho, Permanent Representative of Mexico
and H.E. Mr. Jürg Lauber, Permanent
Representative of Switzerland, co-facilitators of 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, conveying the final text of the Global Compact for Safe,
Orderly and Regular Migration.
As a reminder, the co-facilitators will convene a
meeting on Friday 13 July in the Trusteeship Council Chamber at 11 a.m.
Please accept, Excellency, the assurances of
my highest consideration.
All Permanent Representatives
and Permanent Observers to the United Nations New York
New York, 11 July 2018
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
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
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).
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
4 Adopted under the UNFCCC in
FCCC/CP/2015/10/Add.1, decision 1/CP.21.
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.