B Explanatory memorandum
by Mr Nicos Tornaritis, rapporteur
1 Introduction
1. Migration is a phenomenon that
has always existed and will always exist. However, since 2000, migration
has increased by 49% and currently, 3.4% of the world population
are migrants.
Note Good governance of this phenomenon
is therefore needed in order to safeguard human dignity in the face
of the scale of migratory flows, especially in the context of conflict
and persecution. Armed conflict and climate change are increasing the
number of forcibly displaced people
Note in
the world surpassing the mark of 79.5 million individuals
Note. Refugees currently number over
25 million worldwide, of whom 60 % are accommodated by only 10 countries.
Based on the available data, the proportion of women and girls in
the refugee population was 48% in 2018, similar to the past few
years
Note.
Research shows that migrants and refugees make a significant contribution
to host and origin countries and that they contribute more to economic
growth by paying taxes than they receive in individual benefits.
Note
2. Adopted in 2018, the United Nations Global Compact for Safe,
Orderly and Regular Migration (GCM) and the Global Compact on Refugees
(GCR) emerged and have been negotiated in parallel as a concrete commitment
to give substance to the New York Declaration for Refugees and Migrants
adopted by the UN General Assembly in December 2016. The compacts
are voluntary, non-binding instruments that do not introduce any
additional obligations for States.
3. The whole process was a good example of how to actively engage
parliamentarians in major UN deliberations. Now parliamentarians
have a key role in the implementation of both compacts,
Note as well as in holding their governments
accountable for putting the provisions into practice.
Note This report aims to suggest future action
that could be taken to effectively implement the two compacts, bearing
in mind the challenges States might face in implementing them.
4. The challenges are numerous, but as popular wisdom has it,
some challenges are given to us in order to reveal our humanity.
Europe must become stronger in that sense. It must be better not
in building frontiers, but in preserving the values of humanity
in all areas, in mitigating power interests to protect people in
the best way possible, and in ensuring the most effective translation
into practice of world-level agreements in order to reach peace
and prosperity for all.
2 The New York Declaration for Refugees
and Migrants
5. The United Nations New York
Declaration for Refugees and Migrants
Note contains a wide range of commitments
by member States to strengthen and enhance mechanisms to protect
people on the move. In adopting the New York Declaration, member
States expressed profound solidarity with those who are forced to
flee. They reaffirmed their obligations to fully respect the human
rights of refugees and migrants and agreed that protecting refugees
and supporting the countries that shelter them are shared international
responsibilities and must be borne more equitably and predictably.
Member States pledged robust support to countries affected by large
movements of refugees and migrants, agreed upon the core elements
of a Comprehensive Refugee Response Framework, and committed to
work towards the adoption of a Global Compact on Refugees and a
Global Compact for Safe, Orderly and Regular Migration.
6. The Declaration lists a series of specific commitments for
refugees and migrants. As regards the commitments for refugees,
member States reaffirmed
inter alia the respect
for the institution of asylum and the right to seek asylum, as well
as the respect for and adherence to the fundamental principle on
non-refoulement in accordance with international refugee law.
Note The
Declaration acknowledges the “extraordinarily generous contribution
by countries that host large refugee populations”. This being said,
it recognises that “refugee camps should be the exception and, to
the extent possible, a temporary measure in response to an emergency”.
As regards the resettlement of refugees, States that have not yet
established resettlement programmes are encouraged to do so, and
States that have already done so, are encouraged to increase the size
of their programmes.
7. The Declaration also reiterates that Member States “are committed
to protecting the safety, dignity and human rights and fundamental
freedoms of all migrants, regardless of their migratory status,
at all times”.
Note It refers, in particular,
to the development of “non-binding guiding principles and voluntary
guidelines, consistent with international law, on the treatment
of migrants in vulnerable situations, especially unaccompanied and separated
children, who do not qualify for international protection as refugees
and who may need assistance. In that context, I am happy to note
that the Council of Europe provided such guidelines: “Promoting
child-friendly approaches in the area of migration: standards, guidance
and current practices” was published in December 2019.
NoteNote I should stress that, following
the available age-disaggregated data in 2018, out of the 31,5 million
refugees and displaced persons for whom such data was available,
16,3 million – 52% – were children under the age of 18.
Note
3 The
Global Compact on Refugees (GCR)
8. The GCR was adopted and endorsed
by the United Nations General Assembly on 17 December 2018. In contrast
to the GCM, the GCR has been widely supported so far by the international
community, with the exception of the USA and Hungary.
Note The GCR emanates from fundamental
principles of humanity and international solidarity, and seeks to
operationalise the principles of burden- and responsibility-sharing
to better protect and assist refugees and support host countries
and communities.
Note It is grounded in the international refugee
protection regime, centred on the cardinal principle of non-refoulment,
and at the core of which is the 1951 Convention
Note and its 1967 Protocol.
Note
9. The GCR represents the political will and ambition of the
international community as a whole for strengthened co6operation
and solidarity with refugees and affected host communities. It is
a framework for a more predictable and equitable responsibility-sharing
between governments, international organisations and other stakeholders.
It constitutes a unique opportunity to transform the way the world
responds to refugee situations, benefiting both refugees and host
communities, recognising that sustainable solutions can only be achieved
through collective action, empowerment and meaningful participation
of refugees.
10. The GCR seeks to enhance humanitarian responses, while also
providing a basis for the early activation of development co-operation
to provide additional support with direct benefits for host communities
and refugees. It recognises the importance of addressing forced
displacement from a holistic approach by preventing internal displacement
and statelessness and assisting those who nonetheless become displaced or
stateless. It engages a wide range of States and other partners
that are ready to respond to large refugee situations, both new
and protracted. It seeks to foster the resilience and self-reliance
of refugees, in a manner that also benefits host communities, by
facilitating access to livelihood opportunities and national systems
and services, backed up by appropriate support from the international
community.
Note In addressing
the key tools for effective burden and responsibility-sharing, the
GCR sets out specific objectives and lists actions to meet these objectives.
These include funding and effective and efficient use of resources
(as regards humanitarian assistance, development co-operation and
on maximising private sector contributions). It draws attention
to the importance of the multi-stakeholder and partnership approach
involving refugees and host community members, the humanitarian
and development actors, local authorities, faith-based actors, academic
networks, sports and cultural networks, public-private partnerships
and the United Nations system, as a whole.
11. There is widespread global recognition of the need for change
in responding to refugee situations. The GCR is an opportunity to
chart a new, more sustainable way forward for refugees and the communities
that host them. In recognition of the need to broaden the base of
support for refugee situations, we are seeing unprecedented engagement
in the efforts of States by refugees themselves, development actors,
parliaments, city networks and local authorities, private sector,
civil society organisations faith-based actors, academic institutions,
as well as deepened engagement with international organisations.
The GCR identifies areas in need of support, namely the reception
and admission of refugees (early warning, preparedness and contingency
planning, immediate reception arrangements, safety and security
arrangements, and registration and documentation), the actions to
meet the needs of and to support host communities (namely education,
jobs and livelihoods, food security, climate change, nutrition,
accommodation etc.). The GCR also pays specific attention to the
needs of vulnerable populations, including children. Finally, it
includes proposals for possible solutions with references to support
for countries of origin and voluntary repatriation schemes, resettlement, complementary
pathways for admission to third countries, and local integration
of refugees.
12. Follow-up and review under the GCR will be primarily conducted
through the Global Refugee Forum (held every four years unless otherwise
decided); high-level officials’ meeting (held every two years between forums);
as well as annual reporting to the United Nations General Assembly
by the United Nations High Commissioner for Refugees.
Note The UNHCR will co-ordinate the implementation
of the GCR.
13. The inaugural forum, held in Geneva in December 2019, was
an opportunity for States and other stakeholders to make more than
1 400 concrete pledges towards the implementation of the GCR – financial, technical
or policy related. The forum provides the central arrangement for
the implementation of the GCR. The pledges are a first milestone
in the implementation of pledges until the next forum in 2023. These
pledges will require parliamentary action and involvement – whether
legislative, budgetary, or linked to oversight or awareness raising
amongst members of society. The Council of Europe also has submitted
multiple substantive pledges, amongst which is a commitment to promote
the accession of all its member States to the European Convention
on Nationality (ETS No. 166) and to the Convention on prevention
of statelessness in relation to State succession (CETS No. 200).
4 The
Global Compact for Safe, Orderly and Regular Migration (GCM)
14. The GCM was adopted at a conference
held in Morocco on 10-11 December 2018 and endorsed by the UN General
Assembly on 19 December
Note.
15. The GCM is a global agreement setting out a common framework
based on 23 objectives with different commitments and actions under
each objective, which are considered best practices. The Member
States agree to:
- “Collect and
utilize accurate and disaggregated data as a basis for evidence-based
policies;
- Minimize adverse driver and structural factors that compel
people;
- Provide accurate and timely information at all stages
of migration;
- Ensure that all migrants have proof of legal identity
and adequate documentation;
- Enhance availability and flexibility of pathways for regular
migration;
- Facilitate fair and ethical recruitment and safeguard
conditions that ensure decent work;
- Address and reduce vulnerabilities in migration;
- Save lives and establish coordinated international efforts
on missing migrants;
- Strengthen the transnational response to smuggling of
migrants;
- Prevent, combat and eradicate trafficking in persons in
the context of international migration;
- Manage borders in an integrated, secure and coordinated
manner;
- Strengthen certainty and predictability in migration procedures
for appropriate screening, assessment and referral;
- Use migration detention only as a measure of last resort
and work towards alternatives;
- Enhance consular protection, assistance and cooperation
throughout the migration cycle;
- Provide access to basic services for migrants;
- Empower migrants and societies to realise full inclusion
and social cohesion;
- Eliminate all forms of discrimination and promote evidence-based
public discourse to shape perceptions of migration;
- Invest in skills development and facilitate mutual recognition
of skills, qualifications and competences;
- Create conditions for migrants and diasporas to fully
contribute to sustainable development in all countries;
- Promote faster, safer and cheaper transfer of remittances
and foster financial inclusion of migrants;
- Cooperate in facilitating safe and dignified return and
readmission, as well as sustainable reintegration;
- Establish mechanisms for the portability of social security
entitlements and earned benefits; and
- Strengthen international cooperation and global partnerships
for safe, orderly and regular migration”.
16. The GCM will be implemented through enhanced bilateral, regional
and multilateral co-operation. It has been decided to establish
a capacity-building mechanism in the UN, building upon existing
initiatives. A United Nations’ Network on migration was established
to ensure effective and coherent system-wide support for the implementation
of the GCM. The International Organization for Migration (IOM) serves
as a co-ordinator and secretariat for the network. The Global Forum
on Migration and Development will provide a platform for advancing
the international dialogue and co-operation. Finally, the High-level
Dialogue on International Migration and Development scheduled to
take place every four sessions of the General Assembly starting 2022,
and renamed “International Migration Review Forum”, will serve as
the primary intergovernmental global platform for member States
to discuss and share progress on the implementation of the GCM.
5 GCM
and GCR implementation from a human rights perspective
17. The 2030 Agenda for Sustainable
Development, adopted by the UN General Assembly on 25 September
2015, acknowledged the need to include all nations and all peoples
in achieving the Sustainable Development Goals (SDGs). Sustainable
development, security and peace are three interconnected concepts, and
the only way to reach them is by leaving no one behind and ensuring
the human rights of everyone. This includes migrants, internally
displaced people and refugees, who need to be included in the national development
frameworks.
18. The GCR and the GCM highlight the need for international co-operation
between States, but also with other stakeholders such as international
organisations, parliaments, city networks, civil society, faith-based actors,
private sector, philanthropic and academic institutions. Considering
that frameworks that protect migrants and refugees are already in
place, the added value of the compacts is that both are frameworks
for better co-operation in managing migration flows and refugee
integration. Migrants and refugees’ human rights can only be ensured
by including the whole international community in measures. By signing
the GCR and the GCM, States have acknowledged that they are all,
to some extent, countries of origin, transit and destination. Currently,
85% of migrants and refugees are in developing countries, which
is a huge burden, considering vulnerabilities that local communities
already face.
19. The GCR calls upon States and other stakeholders to tackle
the root causes of large refugee situations, including through heightened
international efforts to prevent and resolve conflict, and to promote,
respect, protect, and fulfil human rights and fundamental freedoms
for all (paragraphs 8 and 9). Prevention and addressing the root
causes is a key element of the notion of burden and responsibility-sharing
and was identified as one of the areas that could be strengthened
for the next Global Refugee Forum.
20. The role of a human rights-based approach, which should take
into account the specific needs according to age, gender and diversity
considerations,
Note is
key for the effective implementation of the GCR and the achievement
of its objectives: promotion of rule of law, good governance, building
stronger institutions. It is crucial to deal with the potential
drivers of displacement (impunity, gender-based violence), especially
in fragile and conflict-affected situations.
21. Globalisation means that action taken in one State has consequences
everywhere. In an interconnected world, multilateralism is not an
option but the only way forward. Hence, the importance of parliamentary diplomacy,
which is a very useful way to work on migration and refugee issues.
Nevertheless, some states are praising “sovereignism” lately and
are rejecting multilateralism. Far-right movements are using migration
in order to increase fear in citizens and are creating a division
between “us”, the native-born citizens and the “others”, migrants
and refugees.
22. Hate speech against migrants and refugees undermines their
human dignity and is dangerous for the cohesion of society, especially
coming from political leaders. Assembly
Resolution 2275 (2019) acknowledges the huge impact of parliamentarians’ discourse.
Lately, some States have also been implementing more restrictive
migration policies based on prejudices against migrants and refugees.
Several studies show that the contribution of migrants and refugees
in the economy of the host community is bigger than the benefits
the individuals may themselves receive.
23. Data collection is still a problem when it comes to better
managing migration flows and assessing refugee integration. Therefore,
there is a need for countries to improve their capacity to generate
meaningful reporting on migration and refugee integration in the
context of the SDGs. Steps must be taken to improve capacity to
generate timely, reliable, and comparable data on migration and
asylum to help guide policy makers in devising evidence-based policies
and plans of action. Mechanisms to centralise all data collected
and better data sharing between various levels of government and
amongst countries will also improve policy coherence.
24. I would like to emphasise the need to uphold migrants and
refugees’ human rights and respect their human dignity. Ensuring
respect for human rights is an obligation for every State. Furthermore,
it had been proven that social cohesion is the best security measure
for a society. When refugees have access to education, health system
and the labour market, they can become self-reliant and can contribute
to the local economy. It has been proven that when refugees are
given the opportunity to support themselves and their families,
they can make a positive contribution to the host society, empowering
each other.
25. The situation of refugees and migrants is even more difficult
in times of severe crises, such as the Covid-19 pandemic. The closing
of borders has led to new irregular migration movements, with even
longer and more perilous journeys at a time when search and rescue
at sea has been curtailed, the risk of pushbacks has increased and
disembarkation has become political bone of contention. Irregular
migrants and asylum seekers have also had to face prolonged periods
of detention in cramped conditions with severe risk of rampant epidemic
spread. Women and children have become even more vulnerable to domestic
violence while living in complicated stress situations. Specific
measures must be put in place, therefore, to alleviate that pressure.
In that regard, national parliaments should follow-up the recommendations
agreed upon by the Assembly in its
Resolution 2340 (2020) “Humanitarian consequences of the Covid-19 pandemic
for migrants and refugees”.
26. The European Economic and Social Committee has published an
opinion concerning the cost of non-immigration and non-integration.
It acknowledges that without immigration to Europe, member states’ economies
would suffer substantially and that demographic challenges would
be aggravated. Migration comes in different forms: labour migration,
education, migrants coming for a temporary humanitarian migration
and irregular migration. All of them can make potential contribution
to our societies. Refugees and migrants are not a threat, but an
opportunity for host communities.
6 Institutional
framework for the implementation of the GCM and GCR
6.1 United
Nations agencies
27. Two UN agencies were responsible
for leading the negotiation process of both compacts: the IOM was responsible
for the GCM, and the UNHCR for the GCR. The United Nations, to support
the implementation of the GCM, has created the UN Network on Migration,
Note a collaborative community of United
Nations entities tasked with providing effective and co-ordinated
support to member States and other partners in carrying forward
the objectives agreed to in Marrakesh. It engages with external
partners, including migrants, civil society, migrant and diaspora
organisations, faith-based organisations, local authorities and
communities, the private sector, employers’ and workers’ organisations,
trade unions, parliamentarians, National Human Rights Institutions,
academia, the media and other relevant stakeholders at global, regional
and national levels.
28. The Inter-Parliamentary Union had stressed the importance
of bringing a parliamentary dimension to the GCM prior to its adoption
in Marrakesh, at the parliamentary conference held in Rabat on 6-7
December 2018. According to Senator Gabriela Cuevas Barrón, the
IPU President, it was paramount that parliamentarians used their
power “to protect migrants, particularly those in vulnerable situations,
through the ratification and implementation of relevant international
human rights treaties […] and to see to it that […] governments
uphold their rights.”
Note The responsibility of parliamentarians
to protect migrants did not end with promoting their legal protection.
Members of parliaments had to do their utmost “to stop the worrying
trend in some quarters of holding foreigners responsible for home-grown
problems that are not of their making”, avoiding language that stokes
the flames of xenophobia, using legislative power to punish the
advocates of racism and other forms of discrimination, setting the
right example and using political platforms to promote evidence-based
narratives and policies offering balanced views about migration.
“These views should foster mutual understanding and respect between
migrants and the host society, as a two-way responsibility, as well
as migrants’ integration in society”, she said.
29. A year later, at the Global Refugee Forum in December 2019,
Mr Martin Chungong, the IPU Secretary General, speaking about the
GCR, highlighted that parliament’s role was “to represent and defend
the rights of all, without exception”. “The Global Compact for Refugees
could not succeed without parliaments putting in place the right
legislation, monitoring its impact, and holding governments to account
for their actions”, he said.
Note Mr. Chungong further emphasized
during IPU-UNHCR Partnership Talks in February 2020 that “Parliamentarians,
as representatives of the people, are well placed to listen to the
people and to ensure that all voices are heard and taken into account”
and crucial to promote comprehensive responses that bring on board
all stakeholders, including refugees and communities. He noted IPU’s
work in partnership with UNHCR
Note and strategy to focus on information-sharing
with parliamentarians on international commitments assumed by their
countries, building internal structures, knowledge and skills so
that parliamentarians can play an active role in building national
and regional partnerships for targeted action.
30. The UN General Assembly, in its Resolution adopted on 4 September
2020, on the “Interaction between the United Nations, national parliaments
and the Inter-Parliamentary Union”, “Invites the Inter-Parliamentary Union
and the relevant bodies of the United Nations system to continue
and enhance their cooperation in supporting governments in facilitating
the orderly, safe, regular and responsible migration and mobility
of people, including through the implementation of planned and well-managed
migration policies, and recalls the contribution of the Inter-Parliamentary
Union in the preparatory process for the Global Compact for Safe, Orderly
and Regular Migration (
Resolution
73/195)”.
Note
6.2 Council
of Europe
31. The Council of Europe is implementing
a series of projects to facilitate the integration of migrants and refugees
in member States. For example, in order to unify the qualification
and education assessment of migrants and refugees, the Council of
Europe has started to implement the Pilot Project on the European Qualifications
Passport for Refugees.
Note It is an assessment on the holder’s
higher education qualifications, work experience and language proficiency,
which provides reliable information for integration and progress towards
employment and admission in education programmes. The Council of
Europe is also developing the Linguistic Integration of Adult Migrants
(LIAM),
Note which provides assistance to member
States in order to implement effective policies on linguistic support
to adult migrants. The Council of Europe Action Plan on Protecting
Refugee and Migrant Children in Europe (2017-2019)
Note was structured through the Office
of the Special Representative of the Council of Europe Secretary
General on migration and refugees.
Note
32. The Council of Europe is well-positioned to play a strategic
role in contributing to the implementation of the GCM, including
through:
- advocacy for the elimination
of statelessness and the protection of stateless persons within
its member States, also based on the pledges and contributions made
to the High-Level Segment on StatelessnessNote and the Global Refugee Forum;Note
- enhancing and scaling up the European Qualification Passport
for Refugees project;
- ensuring the effective protection of refugees and asylum
seekers and the elaboration of inclusive policies and programmes.
The Council of Europe could use its competence in the promotion
and protection of human rights. This includes an effective mainstreaming
of refugee rights in the implementation of the European Convention
on Human Rights (ETS No. 5), as referred to in Article 1 (securing
everyone within their jurisdiction the rights and freedoms defined
in Section I and in its protocols), as well as in the European Social
Charter (revised) (ETS No. 163);
- helping address the root causes of forced displacement
by promoting human rights and rule of law within its member States,
including supporting the efforts to avoid externalising international
protection, as well as by offering technical support and expertise
in building stronger institutions and promoting good governance
in countries of origin of forced displacement.
33. The Council of Europe closely followed and contributed to
both global compacts. The Special Representative of the Secretary
General on migration and refugees participated in the consultation
phase of both compacts orally and in writing during 2017, and engaged
with the negotiation process in 2018 with the submission of written
comments on the Global Compact on Refugees, underlining the importance
of placing human rights protection at the heart of the text and
the key role that the Council of Europe can play in helping European
States especially achieve the objectives and actions envisaged in
the Compact.
Note Speaking of Europe, as whole, I
would like to stress that all Council of Europe member States should
get involved in the implementation of both compacts at national,
regional and world levels.
34. The Parliamentary has already devoted attention to these issues
in reports and recommendations to member States and to the Committee
of Ministers.
Resolution
2275 (2019) highlights “The role and responsibilities of political
leaders in combating hate speech and intolerance”, including hate
speech against migrants and refugees.
Resolution 2244 (2018) “Migration from a gender perspective: empowering women
as key actors for integration” highlights the importance of putting
integration issue on the political agenda, as investing in refugee
women’s integration means investing in integration for future generations
and development of peaceful, inclusive and cohesive societies based
on respect for diversity.
Resolution
2176 (2017) “Integration of refugees in times of critical pressure:
learning from recent experience and examples of best practice” includes
examples of good practices used by member States to integrate migrants
and refugees in the economic, social and cultural life of the host
community.
Resolution
2175 (2017) “Migration as an opportunity for European development”
challenges the common misconception that migrants are a threat to local
populations and provides examples of how migrants contribute to
increasing economic growth and to creation of national wealth.
6.3 European
Union
35. During the GCM and GCR negotiations,
the European Parliament
Resolution
2018/2642 (RSP) highlighted the importance of the European Union and
its member States taking a leading role in securing a strong people
centred and human rights-based text. International human right treaties
already recognise the human rights of all human beings, and therefore,
EU member States need to uphold these rights paying attention to
those most vulnerable. It also stated the importance of having a
single EU position on this issue.
36. In June 2016, the Council of the European Union endorsed a
New Migration Partnership Framework that fully integrated migration
in the EU’s foreign policy. The new approach rethought how all concerned
actors – the European Union’s member States, the EU institutions,
and third countries – work together to better manage migration flows
and strive for well-managed migration. It established a results-oriented
approach to mobilise and focus all EU and member States’ tools and
resources for that purpose. The objective of the Framework was saving
lives and breaking the business model of smugglers, preventing illegal
migration and enhancing co-operation on returns and readmission
of irregular migrants, as well as stepping up investments in partner countries
Note. The New Migration Partnership Framework
contained similar ideas to those set out in the GCM.
37. On 23 September 2020, the European Commission presented a
proposal for a new Pact on Migration and Asylum,
Note which should be, subsequently, approved
by the European Parliament. It includes:
- a Communication on a New Pact on Migration and Asylum;
- a Proposal for a Regulation introducing a screening of
third country nationals at the external border;
- an Amended proposal for a Regulation on the establishment
of Eurodac (comparison of biometric data);
- an Amended proposal for a Regulation establishing a common
procedure for international protection in the Union;
- a Proposal for a Regulation on asylum and migration management;
- a Proposal for a Regulation addressing situations of crisis
and force majeure in the field of migration and asylum;
- a Commission Recommendation on an EU mechanism for Preparedness
and Management of Crises related to Migration;
- a Commission Recommendation on cooperation among member
Sates concerning operations carried out by vessels owned or operated
by private entities for the purpose of search and rescue activities;
- a Commission Guidance on the implementation of EU rules
on definition and prevention of the facilitation of unauthorised
entry, transit and residence;
- a Commission Recommendation on legal pathways to protection
in the EU.
38. The international community follows the developments in the
European Union with great attention. The impact of EU decisions
on the future implementation of the two compacts cannot be underestimated.
In her address to the Human Rights Council on 14 September 2020,
the UN High Commissioner for Human Rights, Ms Michelle Bachelet,
encouraged “the European Commission and EU Member States to enhance
genuine solidarity and strengthen human rights safeguards at EU
external borders in the upcoming EU Pact on Migration and Asylum”.
“Reports of pushbacks and collective expulsions at the sea and land
borders of EU States – in violation of legal obligations and with
grave consequences for the lives and rights of migrants – call for
independent monitoring and verification”, she said and recalled
to all countries “their obligation to cooperate in ensuring that
migrants' lives are protected, and their human rights upheld, regardless
of their administrative status”. She underscored that taking human
rights norms as a basis for policy making in this area is key, as they
“provide the tested guidance that can help States de-escalate grievances,
deliver appropriate protection, establish a sound foundation for
development and security, and ensure justice, freedom and rights”.
NoteNote
39. This being said, the European Union cannot – on its own –
face all the challenges related to migration. It cannot do it in
isolation from the rest of the world. Migratory pressure will not
ease with time and taking action in common with all other regions
of the world is the only viable solution in response to future crisis
situations. European countries should take action in a concerted
manner, together with the rest of the world. Hence the importance
of getting involved in the implementation of both compacts as soon
as possible.
40. The EU has the capacity to make a strong impact on the success
of GCR and GCM, provided it does the “right things”. We, as members
of national parliaments, need to remain vigilant to ensure that
these “right things” – the way we see them in our respective countries
– are guided by the universally accepted principles of solidarity,
respect for human rights and fundamental freedoms, and the rule
of law.
41. In addition to the above, the European Parliament and the
Parliamentary Assembly of the Council of Europe have strategic institutional
roles to play in the implementation of the two compacts by promoting
strong co-operation between the Council of Europe and the European
Union as regards political dialogue, legislative work and co-ordination
with national parliaments on European affairs.
42. Our committee held an exchange of views on the European Commission’s
new Pact on Migration and Asylum on 16 October 2020. The aim was
to discuss future action by national parliaments and future Parliamentary
Assembly initiatives.
43. We should identify key policies that can have a positive impact
on human rights protection of migrants and refugees in Europe, including
in Council of Europe member States, which are not EU members. Enhanced co-operation
between EU and non-EU member States might be necessary to create
a new, truly pan-European solidarity mechanism, involving all Council
of Europe member States – especially with regard to refugee protection.
Co-operation between all Council of Europe member States is also
necessary to better address the root causes of irregular migration
and to combat migrant smuggling. Finally, States should do more
to support children and the vulnerable, as it is proposed in the
new EU Pact on Migration and Asylum, and European co-operation programmes
should support such actions.
7 Next
steps on the implementation and review of the GCM and GCR
44. The Global Forum on Migration
Development (GFMD) hosted several events on the implementation of the
GCM during 2019 with the participation of State representatives
and members of international organisations.
Note
45. On adoption of the GCM, the High-level Dialogue on International
Migration and Development was transformed into the International
Migration Review Forum, which will serve as the primary intergovernmental global
platform for signatories to discuss and share progress on the implementation
of all aspects of the GCM, including in relation to the 2030 Agenda
for Sustainable Development. The Forum is to be held every four years,
beginning in 2022. Consultations to determine the modalities and
organisational aspects are ongoing.
46. The GCR’s follow-up and review will primarily be conducted
through the Global Refugee Forum (GRF) every four years, an annual
high-level officials’ meeting held every two years between forums,
and the High Commissioner’s annual report to the General Assembly.
The first Global Refugee Forum took place on the 17-18 December
2019 in Geneva. This was an opportunity for UN Member States and
other stakeholders to announce concrete contributions and pledges
towards the objectives of the Global Compact to achieve tangible
benefits for refugees and host communities. The pledges submitted
at the forum are the first GCR milestone; implementation of pledges
is the next step and will require parliamentary action and involvement.
47. Notable commitments were made by global and regional parliamentary
bodies and organisations through pledges submitted by the IPU, the
Pan-African Parliament (PAP) and the Inter-Parliamentary Assembly
of Member Nations of the Commonwealth of Independent States (IPA
CIS) during the GRF
Note and High
Level Segment on Statelessness
Note:
- IPU
pledged to mobilise engagement of members of parliament on refugee
and statelessness issues; committing to raise awareness of parliaments,
at each IPU Assembly, on progress and challenges in developing comprehensive
refugee responses: engage MPs, and in particular young parliamentarians and
women parliamentarians, and support them in taking action in support
of refugees and host countries. The IPU further committed to collect,
with the UNHCR, good parliamentary practices and disseminate them
to the parliamentary community; and organise, with UNHCR, dialogue,
training and capacity building initiatives for MPs in legislative
work, in addition to national pledges.
- PAP committed to advocate, within their constituencies,
for the accession to the UN Conventions on Refugees and Statelessness,Note as well as the ratification
of the African Union Convention on refugee and internal displaced
persons in Africa. The PAP further committed to develop training
opportunities and model laws on the protection of refugees and stateless
persons, and to promote responsibility sharing arrangements to support
countries that receive large numbers of refugees.
- IPA CIS committed to develop and adopt a model law on
refugees, to be submitted to CIS member parliaments as templates
for improving national legislation with international, primarily
European, legal standards adjusted to the CIS environment. The model
laws adopted by the Interparliamentary Assembly are submitted to
the CIS Member Nations as templates for improving national legislation.
The issues of migration, including forced migration, are particularly
relevant in the Post-Soviet space. The development and adoption
of the IPA CIS Model Law on Refugees will help establish minimum standards
for parliaments in further developing or finalising national legislation
relating to asylum.
48. Implementation of pledges is underway through UNHCR’s partnership
with global and regional parliamentary bodies and organisations.
Some practical examples of collaboration include recent joint initiatives
by the IPU and UNHCR, such as a series of Guidance Notes for Parliaments
on Covid-19,
Note a roundtable
on parliamentary responses to forced displacement in the region
of the Intergovernmental Authority on Development (IGAD);
Note bringing together members of parliament
from countries of the East and Horn of Africa and from the European
Parliament for strengthening North-South parliamentary co-operation
and effective parliamentary engagement in support of the GCR and comprehensive
refugee responses at the national and regional levels.
Note
49. Developing parliamentary action plans to accompany the implementation
of the pledges would also allow parliaments to plan and map out
key actions required, and identify capacity needs to perform tasks efficiently.
Members of parliaments can follow-up and contribute to the implementation
of pledges through the
GCR digital platform,
Note and
iBelong Campaign,
Note which has a clear goal of ending
statelessness by 2024.
50. The UNHCR and its partners stand ready to support parliaments
in implementing the GCR. Such partnership have already translated
into action in Africa through the Midrand Declaration.
Note The Declaration was adopted during
the “African Regional Parliamentary Conference on Comprehensive
Responses to Refugee Situations” organised by the IPU, the PAP and
the UNHCR in 2019. The Midrand Declaration includes the commitments
of participating members of parliaments on the implementation of
the GCR.
51. In addition to law making and securing the funding for the
implementation of international agreements of that kind, parliaments
can and should do more to drive and monitor their governments’ actions
to ensure migrants’ and refugees’ human rights protection through
the implementation of the two compacts. Parliamentary involvement
is also instrumental for raising awareness and sensitising local
populations on the plight of forcibly displaced persons and migrants.
Participating – as members of national delegations – in the meetings
of the relevant UN committees responsible for the implementation
of the global compacts might be useful for collecting data and making
specific recommendations on the GCM and GCR from a human rights perspective.
52. Such participation, however, may be difficult, given the fragmentation
of the current intergovernmental architecture for discussing migration
and asylum, and the limited awareness of international commitments undertaken
by States at the national level. The adoption of the two compacts
should lead to a better system, but this will take time. As stressed
by the UN Secretary General, Mr António Guterres, in his report
“Making migration work for all”,
Note there are a number
of forums in which member States address migration globally: the High-level
Dialogue on International Migration and Development; the Second
and Third Committees of the General Assembly; the Economic and Social
Council, and, under it, the Commission on Population and Development
and other relevant commissions; the high-level political forum on
sustainable development; and the Human Rights Council. In addition,
there are migration-relevant discussions in the governing bodies
of many United Nations agencies, funds and programmes, alongside
the governing body of the IOM. Finally, there is the current Global
Forum on Migration and Development and the forthcoming International
Migration Review Forum that will start meeting in 2022.
53. Member States should guide the direction of the work of the
United Nations and oversee the commitments made in the two compacts.
The UN Secretary General had urged member States to explore the possibility
of rationalising some of the current oversight mechanisms with a
view to maximising clarity over both governance and policy guidance
on this issue. Parliamentarians, should, therefore, follow-up on
this request, check the position of their national delegation on
this issue, and see to it that progress be made to create a better
oversight system worldwide. Developing a parliamentary action plan
to accompany the implementation of State pledges made at the Global
Refugee Forum would allow parliamentarians to plan and map action required
and identify capacity needs for respective legislative reform.
54. An issue that will definitely need the attention of members
of the Assembly, is the issue of conditionality of international
aid. This issue should be addressed with respect to, on one hand,
international aid to countries of origin of migrants and refugees,
and, on the other, with respect to the international support mechanism, including
the use of the European Structural Funds and the EU External Action
support mechanisms, for member States of the Council of Europe that
receive migrants and refugees. Generally speaking, coherence between
EU internal and external relations regarding human rights is required.
NoteNote I am thinking about the recent reports
of problems at the border between Croatia and Bosnia and Herzegovina
and then evictions from the Bira centre in the town of Bihac and
the transferring of people to a tent camp in Lipa in Bosnia and
Herzegovina, which is extremely worrying and should stop. It is
also worrying to see much evidence of refoulement happening in EU
member States and other European countries.
55. To help prevent refoulment, measures to ensure equitable burden
and responsibility sharing should be put in place at European level.
In this respect, the European Union should push its member States
for a more efficient migration and asylum policy, including greater
solidarity towards frontline countries. A Union should act as a
Union, united to face current and future challenges. More needs
to be done to alleviate the pressure on frontline countries, including
by supporting emergency accommodation for asylum seekers, assisting
in voluntary resettlements, returns and reintegration, as well as
preventing migrant smuggling, using all the means available to the
European Union.
56. Even more worrying is the escalation of conflicts in the Council
of Europe member States, including the most recent conflict between
Armenia and Azerbaijan. I hope that members of the Assembly and
their national parliaments, can take a stronger stand in promoting
dialogue and peace in the region.
