On 10 December, at a conference held under the auspices of the UN in Marrakech, 164 nations adopted a pact to manage the global migration crisis. The Global Compact for Safe, Orderly and Regular Migration is the first intergovernmental agreement that covers all dimensions of global migration. The non-legally binding pact aims to promote efforts to strengthen regular migration pathways and protect the human rights of migrants. Its objectives and commitments will help states and international agencies to coordinate migration policies and ensure that migration works for all. However, on the other hand, controversies and the non-participation of some significant players raise serious concerns about the future of the agreement.

According to the UN, approximately 258 million migrants are living outside their country of birth. Though they constitute merely 3.4 per cent of the global population, the burgeoning protests against migrants - mainly in Europe and the US - created a perception that they are threats to national economies. The resentment produced the impression that most of the migrants are settled in the developed world. However, the reality is that the developing world host more than half of the global migrant population. UN data also shows that since 2000, more than 60,000 migrants have died on the move.

Recognising the need for enhanced international cooperation and a comprehensive approach to migrants, all 193 members of the UN adopted a resolution called the New York Declaration in September 2016. It demanded the protection of “safety, dignity, human rights and fundamental freedoms of all migrants, regardless of their migratory status”. Combating racism, xenophobia and discrimination towards migrants, supporting the host countries and developing non-binding principles and guidelines for the treatment of migrants were the other proposals. In addition, the declaration recommended two separate compacts for refugees and migrants.

As proposed by the declaration, elaborations of the Global Compact for Migration took place through three phases - consultation, stocktaking and negotiation. In the first phase, six rounds of informal thematic sessions with aims to gather substantive inputs and solid recommendations for the Compact were held between April and December 2017. The human rights of migrants, drivers of migration, irregular migration, international cooperation, smuggling and trafficking, and the contribution of migrants were the main focus of the deliberations. In addition to this, UN regional consultations (Africa, Asia & Pacific, Latin America & the Caribbean and West Asia) also took place in 2017.

The second, stocktaking phase reviewed and analysed the information gathered during the consultations. The outcome was a ‘zero draft’ jointly prepared by Mexico and Switzerland, the co-facilitators of the process. In the third phase, intergovernmental negotiations were held between February and July 2018, before the final draft was released.

The final draft, which was agreed to by all 193 members of the UN, includes four sections - vision and guiding principles, objectives and commitments, implementation and follow-up.

Objectives and commitments

The Compact aims to ensure that migration “works for all” by setting out a common understanding and shared responsibilities. Its central principles are people-centeredness, national sovereignty, international cooperation, rule of law and sustainable development. The 23 objectives seek to minimise the factors that force people to leave their country, ensure legal identity and documentation, provide regular pathways, eradicate trafficking and facilitate the return and readmission of all migrants. Moreover, to achieve these objectives, it spelt out 187 actions and many commitments.

One of the alluring aspects of the Compact is the framing of migration in the logic of development. The significant case against migration is its perceived negative economic impact on host countries. However, migrants spend 85 per cent of their earnings in their host communities. Similarly, migrants across the globe sent approximately $600 billion in remittances in 2017. It is three times higher than the global Overseas Development Assistance. In this way, migrants contribute to the development of both the country of origin and host states. Accepting this known but buried fact and developing policies to utilise the potential of migrants, the Compact aims to minimise global resentment against migration.

In addition to this, the Compact puts the rights of migrant women and children at its heart by mainstreaming a gender perspective. Among the 258 million migrants around the world, more than 50 per cent are women and girls. Moreover, women constitute 74 per cent of international migrant domestic workers. The Compact has two guiding principles that specify the need of ‘gender-responsive’ and ‘child-sensitive’ migration policies. Its second objective also argues for “gender equality and the empowerment of women and girls”.

Similarly, the Compact aims to enhance global cooperation to avoid deaths during migration, fight against smuggling and trafficking - all of which are priorities for any government.

Climate change is another global problem contributing to the migration crisis and addressed by the Compact. It recognised climate change as a driver for migration and laid out a framework for dealing with the impending crisis. According to the World Bank, around 143 million people, especially in the developing world, could be forced to relocate within their countries by 2050. Another study shows that about 2 billion people may become climate change refugees by 2100. The Compact proposes building a Platform on Disaster Displacement and developing an Agenda for the Protection of Cross-Border Displaced Persons in the Context of Disasters and Climate Change to address the issue.

Prospects and challenges

With its comprehensive approach to migrants and their problems, the Compact provides both opportunities and challenges. First, it puts forth a balanced approach through framing goals that correspond to the interests of different stakeholders. For instance, while objective 20, promoting the transfer of remittances, serve the interest of the states of origin; objective 21, facilitating return and readmission, satisfy the benefits of receiving countries. While respecting national sovereignty and international law, the Compact acknowledged the prerogative of states to decide who they allow on to their territory. Therefore, it provides for enhanced cooperation among states to manage global migration.

Second, migration - provided it can be monitored appropriately - can positively contribute to the development of both the countries of origin and the host. However, the panic of host nations has created huge popular sentiments against migrants. The Compact and its evolutionary process show that this fear is baseless. Proper implementation of the Compact’s objectives will ensure that migration works for all and subsequently contribute to solving the global migration crisis.

Third, the non-binding nature of the Compact. Many see this as a challenge and most significant limitation. However, in international politics, the distinction between binding texts (hard law) and non-binding texts (soft law) is minimal because of the parties themselves (the states) enforce both. In addition to this, the soft law also ensures the support of the maximum members and fast process since it usually does not require voting in domestic Parliaments. Similarly, none of the objectives or commitments of the Compact proposes any new obligations. Instead, it reiterates existing treaties and conventions.

The key challenges before the Compact are the implementation and non-participation of a number of significant players. The Compact does not talk about who will coordinate, monitor and fund the implementation pact. Since member-states remain the frontline players, responsible for implementation, mere review and follow-up will not be enough to achieve the goals of the Compact. The refusal of many countries to adopt the Compact correspond with the rise of populism and anti-immigrant sentiment across the globe. These countries view the adoption of the pact as surrendering of sovereignty. Fixing this turmoil and filling the gap between reality and perception about migration and migrants will be a great challenge in the coming years.

Dr Rajeesh Kumar is an Associate Fellow at the Institute for Defence Studies and Analyses, New Delhi. The views expressed here are personal.