Identifying Gaps in Migration Governance and Addressing the Impacts

On the 18th of December 2020, celebrating the International Migrants Day, Global Research Forum on Diaspora Transnationalism [GRFDT], Cross-Regional Centre for Refugees and Migrants [CCRM], Migrant Forum in Asia [MFA] and The Civil Society Action Committee [CSAC] held an online event under the theme Global Celebration of Our Rights and Our Struggle for Justice. The programme was packed with different activities and panel discussions highlighting the theme of the day. One of the events included a panel discussion commemorating the 2nd Anniversary of the Adoption of the Global Compact for Migration. The panel discussion was moderated by Mr William Gois, Regional Coordinator, Migrant Forum in Asia, with Mr Fernando Mora, Coordinator for Social, Economic, Human Rights and Humanitarian Affairs at the Permanent Mission of Mexico to the United Nations; Mr Jonathan Prentice, Head, Secretariat of the UN Network on Migration; Mr Shabari Nair, Labour Migration Specialist for South Asia, ILO; Mr Shahidul Haque, Former Foreign Secretary of Bangladesh; Ms Sophie van Haasen, GFMD Mayors Mechanism Coordinator and Ms Tendayi Bloom, Lecturer in Politics and International Studies, University of Birmingham, as the panellists.

Political Attitudes Towards GCM

Mr Fernando Mora discussed the challenges and successes experienced by GCM since its adoption. He stated that in multilateral issues, “success isn’t how far you get, but the distance you travelled from where you started”. He pointed out that the GCM has experienced political fallout and resistance. But GCM was never meant to be an end but a beginning, where a 360-degree vision is established to change the paradigm on how we understand migration and do it all based on evidence and facts. Mr Mora acknowledged that there has been progress since the adoption of GCM.

“What we now have that we didn’t have when we started, is genuine consensus that no country can manage migration on its own”: Mr Fernando Mora

Three powerful words that underpin GCM are that migration should be safe, orderly and regular. These three words are also part of the SDG agenda, but GCM tells us how to achieve this. GCM is now up and running, with countries drafting implementation plans. The report prepared by the Secretary General on the implementation of GCM identified good practices as well as areas where we need to act more. Mr Fernando Mora concluded his address by projecting that the next two years might see a consolidation of the ecosystem in the UN surrounding migration with the regional reviews of GCM and the international migration forums being the centre of gravity for all discussions around migration. The reviews of GCM are expected to align with the 10 guiding principles of GCM.

Achievements of GCM

Mr Jonathan Prentice began his address by stating that International Migrants Day was a day to realise many grievous challenges that migrants continue to face and remember the fundamental urgency of our work. GCM provided the first common and comprehensive framework for discussing all aspects of migration. Heavily grounded on human rights, the GCM provided us “with a shared lexicon, point of focus in day-to-day events”, and tried to implement its 10 guiding principles through a myriad of ways, including developing a multi-partner trust fund that has a human rights marker, to assist migrants.

“One of the GCM achievements is that it does not view migrants simply on transactional terms, as in, what you are bringing to society. Nor does it simply focus on migration as a part of the development agenda. It views migrants as individuals and rights bearers, no different from anyone else”: Mr Jonathan Prentice

Mr Prentice observed that the pandemic has showcased vulnerabilities of migrants and provided an impetus to accelerate ways to reduce these vulnerabilities. The presentation was wrapped up with the statement that  GCM has lent voice to the vulnerable and reminded that multilateral solutions only arise when there is a problem demanding to be addressed.

Looking Back at the GCM Negotiations

Mr Shabari Nair deliberated the challenges and hurdles faced in the making of GCM and stated that the GCM was not only politically binding but also morally building. Mr Nair highlighted how there were tensions during the negotiation of the GCM, for instance, the discussions in the corridor between the African group and the European group were tense because the African group introduced Objective 23 on International Cooperation, which was interpreted by the European counterparts as demand for aid.

The issues addressed during negotiations were diverse, ranging from regular and irregular migration, refoulement, forced returns, issues around firewall systems, and alternatives to detentions, all deeply rooted in human rights.

The GCM did not necessarily bring new ideas but it brought things together for everyone to go work on”: Mr Shabari Nair

Mr Shabari Nair highlighted how these principles can be linked to each other through implementation, for instance, fair recruitment highlighted by Objective 6 can be linked to skill development of Objective 18, which can also be employed in the reintegration of migrants.  Mr Shabari bemoaned the selective application of the 10 guiding principles of the GCM, recalling how in one regional meeting he had attended, one government representative had remarked that out of the 10 guiding principles, the most important for him was national sovereignty. He observed that the ‘government’ approach came off as imposed while the ‘society’ approach was seen as important. He concluded by stating that as a result of these and other factors, regional cooperation took a back foot compared to bilateral cooperation.

Road to Adopting GCM

Mr Shahidul Haque stated that the Compact was faced with several opposing voices, but there was resilience as there was a gap in migration issues that needed to be addressed.

“GCM was a child born out of crisis; had there been no massive movement of population in Europe, there probably wouldn’t have been a compact for migration or refugees. There is always a possibility within a crisis.”: Mr Shahidul Haque

There was a rise in the ultra-right movement in Europe and America which was manifested in anti-immigrant rhetoric. “These sentiments went against the whole idea of having a compact for migrants, that continues to remain a marginal issue in the UN system except in the Human Rights Council. In terms of holding states accountable for violation of migrant rights, there are no takers,” observed Mr Haque.

Mr Shahidul Haque also highlighted the impact of COVID-19 on the compact. COVID-19 brought to the forefront a concept that was never linked with migration- immobility. Immobility disrupted migration, leading to a trapped population abroad.

“The pandemic was never considered as a factor in the GCM”: Mr Shahidul Haque

Mr Haque concluded his presentation by asking an important question: Is the Compact still relevant in the post-COVID-19 era? If yes, it needs to be revisited in the context of nations. If no, what do we do with it?

Need for Partnerships in Addressing Migration Issues

Ms Sophie van Haasen spoke of the role of the civil society in the making of GCM. She concurred with previous speakers that the making of the GCM was marred by political tensions during the negotiation process. There was a lot of back and forth talking and negotiations amongst the civil society but that did not resolve all the issues. The first year saw states figuring out ways to implement GCM Objectives, and the second year shall be defined by the impact of COVID-19, and regional reviews emerge as vital to understand the position of states at this juncture.

Ms Sophie van Haasen noted that it is important to listen and to see how countries are organising COVID-19 response and recovery through migration lenses. She observed that the IMRF will be a landmark opportunity for civil society to collectively organise a round to reflect on what has happened and what to do going forward.

“Partnerships are very important in keeping this Compact going and civil society has so much to bring in that conversation, and it’s doing that already”: Ms Sophie van Haasen

One of the partnerships worth noting is between civil society, UN and national governments on child detention forum. Partnerships like that are important in moving agenda issues ahead.  She concluded her presentation by pointing out that the GCM Champions Initiative is very important as mayors try to bring in local governments at the forefront of migration issues.

Impact of Migration Policies

Ms Tendayi Bloom began by observing that there are two major issues that need to be discussed, one being the question of what a migrant is, and whether we are talking about migration at all while justifying policies based on migration management.

“They are a large number of populations around the world that have been affected by migration policies without ever crossing the border”: Ms Tendayi Bloom

When you are stateless, you are effectively a foreigner in every country. As a result of migration policies, such individuals will not be able to access the labour market and may even be at risk of immigration detention. However, some migrants who have crossed the border may never encounter the complications of migration policies. Ms Tendayi Bloom observed that these two factors raise the question around governance across the board on how we talk about migration governance and the micro aspects within.

How a migrant is defined is important- who gets to participate in international mobility, or selecting who gets to be part of a national community. Ms Bloom pointed out that there are a lot of elements the Compact can clarify better by addressing, such as the question of proof of legal identity.

“As we move forward, the main task we need to undertake is interrogating the meaning of migrant and auditing these processes that have been promoted around the Compact such as providing proof of legal document”: Ms Tendayi Bloom

Ms Tendayi Bloom concluded her presentation by asserting that the people that can tell us most about these issues are not part of the process. People who are affected by migration governance should be involved as they understand the system in a way that others don’t.

This session of the International Migration Day was concluded by the panellists giving their final round of comments on the prospects of the Compact, during which there was an agreement that there is a need to re-evaluate the Compact in light of the effects of COVID-19 on migration.

Inomusa Ndlovu is a student of M.A. in Political Science at Lucknow University, India. She is a feminist, creative writer (focus on social activism) and her academic and professional interests are in Migration and International Relations. She can be reached on Twitter @InomusaCN

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