Global compact for safe, orderly and regular migration

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Logo used by the UN for public relations in connection with the conclusion of the contract
Vote at the UN General Assembly, December 19, 2018.
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  • The Global Compact for safe, orderly and regular migration (English original: Global Compact for Safe, Orderly and Regular Migration ( GCM ), shortly Global Compact for Migration ; German often short UN or UN migration pact ) is an international agreement falling Leadership of the General Assembly of the United Nations to cover all dimensions of global migration - apart from those that are already covered by the Global Compact on Refugees on refugee problems.

    The drafting of the text began in April 2017. The states signing the pact undertake to work together to ensure that the situation of potential migrants in their countries of origin is made more adequate on the one hand so that they can stay there if possible, and on the other - during and after the if any migration takes place - en route and in the countries of arrival their human rights are protected. Since the obligations resulting from the pact are not legally binding for the signatory states, the implementation remains dependent on the political constellations and requirements at the national level.

    In the expectation and on the grounds that the pact could additionally promote unwanted migration , the US under Donald Trump announced its withdrawal from the project in December 2017. Since October 2018, other states have announced that they will not support him either.

    Core objectives

    According to the International Organization for Migration , the framework for the objectives of the Pact is set by the 2030 Agenda for Sustainable Development and the New York Declaration for Refugees and Migrants : All aspects of international migration should be covered and an important contribution to cooperation in dealing with global migration flows should be achieved. To this end, declarations of intent are to be formulated and a roadmap for their implementation drawn up.

    According to Tagesspiegel , the first main objective of the migration pact is to educate those willing to migrate about everything that concerns their “path” - including the foreseeable risks. However, the populations of the possible transit and receiving countries should also receive objective and fact-based information about the advantages and disadvantages of migration in order to remove any misleading factors that encourage negative perceptions of migrants.

    In the countries of origin of migrants, factors that prevent them from building a sustainable existence at home are to be eliminated as far as possible and living conditions there improved. Those who leave their country anyway should receive care and support as well as access to justice in addition to respect for their human rights so that they can fight for their rights if necessary. Your life is to be protected as far as possible, for example by sea ​​rescue .

    Since the migration problem cannot be dealt with on a national basis, international cooperation between all relevant actors in the field of migration should be promoted. The sovereignty and obligations of the individual states under international law are to be preserved.

    Different names in the national and international context

    In the German-speaking countries, different terms are used for the contract both in official traffic and in political discussion. The official English name of the contract is Global Compact for Safe, Orderly and Regular Migration - this is being used by the Scientific Service of the German Bundestag as a global contract for safe, orderly and regulated migration , by the Austrian Wiener Zeitung , the Schweizer Neue Zürcher Zeitung and the translation service translated by the UN itself as a Global Compact for Safe, Orderly and Regular Migration . The Austrian Ministry of Foreign Affairs , on the other hand, translates the name as a global pact for safe, regulated and planned migration .

    In the discussion, the abbreviated and imprecise terms UN or UN Migration Pact (and partially Germanized UN Migration Pact ) are in use, and at the beginning of the reporting there is also a World Migration Treaty .

    Development process

    The trigger for the pact project was the refugee crisis in Europe from 2015 , when over a million people came to Europe from Syria , Afghanistan , Somalia and other countries. This showed that the Geneva Refugee Convention did indeed have rules for dealing with refugees, but not for other migrants. The Europeans therefore urged the United Nations to develop global guidelines for migration policy . In 2015 the number of migrants worldwide was 244 million, in 2017 according to the Migration Data Portal of the International Organization for Migration (IOM) 257.7 million.

    In view of the increasing global movements of refugees and migrants, the UN General Assembly met on September 19, 2016 on the topic - the 193 member states adopted the New York Declaration for Refugees and Migrants . In it, the states reaffirmed the existing international protection agreements in a document. In order to be able to cope better with the refugee problem, they commissioned the UN Refugee Agency to create a "Global Compact" ("Global Agreement") by 2018 to better share responsibility for refugees and a second "Global Compact for Safe, Orderly and Regular Migration" ( GCM) for dealing with migrants and migration.

    The basics of the GCM were developed by the Ambassador of Switzerland to the United Nations, Jürg Lauber, the Ambassador of Mexico , Juan José Gómez Camacho, and the Special Representative for International Migration, Louise Arbor , on behalf of the President of the UN General Assembly between spring 2017 and summer 2018 negotiated with the involvement of the UN member states. Louise Arbor explained in July 2018 that the pact was an agreement between member states to work together on a number of goals and initiatives. The aim is to ensure safe, orderly and regulated migration as well as to curb unsafe, chaotic, illegal and irregular migration. Even if the agreement is not legally binding, it would be a big step if the member states seriously pursued the 23 goals at international level, which, according to Arbor, would lead to better results in the foreseeable future.

    Departure of the USA

    The US Ambassador to the UN, Nikki Haley , told the UN Secretary-General in 2017 shortly before the start of the UN Conference in Puerto Vallarta that the US would no longer adhere to the New York Declaration, as Trump believes it will -Government is incompatible with US state sovereignty.

    Elaboration of the coordinated draft

    According to the International Organization for Migration (IOM), the pact was developed in an open, transparent and inclusive process of consultations. Contrary to previous official statements by the Foreign Office (AA), parts of the pact were negotiated in camera.

    Under the chairmanship of Germany and Morocco , diplomats, politicians and various interest groups met in 2017 and 2018 as part of several events of the Global Forum on Migration and Development (GFMD) in Vienna , Rabat , Geneva and Berlin to develop recommendations for the Global Compact from many of which were later adopted in the draft of the document. Meetings such as the “Civil Society Days GFMD 2017” in Berlin and webinars were held as support, at which various activist groups developed recommendations for the GFMD.

    For the GCM itself, the UN member states agreed on a procedure and a schedule at the beginning of 2017:

    • From April to December 2017, phase 1 consultations were held at six conferences in Geneva, New York and Vienna with stakeholders from global, regional, national and local levels. Another five conferences followed at regional level for Africa, the Caribbean, Latin America, Western Asia and the Asia and Pacific region.
    • In the course of phase 2 , the various points of view and the collected material were thematically compiled and discussed at the Puerto Vallarta conference in December 2017.
    • During phase 3 , a first draft contract was distributed on February 5, 2018, from which a coordinated draft contract for the planned conference of Morocco on December 10-11, 2018 was drawn up by July 11, 2018 in the context of intergovernmental negotiations .
    Positions on the draft

    Cities and regional authorities from Africa, Asia, Europe (including the Council of European Municipalities and Regions ), North, Central and South America as important participants in the migration process bundled their demands for better coordinated migration at the local level and in cities in the declaration of Mechelen from November 2017.

    Draft outcome document of the conference

    The Global Compact for Migration is based on a. based on the guiding principle of international cooperation: "The Global Compact is a legally non-binding cooperation framework that recognizes that migration cannot be controlled by any state alone, as the phenomenon is by nature cross-border and thus cooperation and dialogue on an international, regional and bilateral basis Level requires. The authority of the pact is based on its consensus character, its credibility, its collective sponsorship and its joint implementation, follow-up and review (cf. GCM 15 a). "

    structure

    The result document is divided into 6 sections with 54 points:

    • Preamble (1 to 7)
    • Our vision and guiding principles (8 to 15)
    • Our framework for cooperation (16)
    • Goals and Commitments (17 to 39)
    • Implementation (40 to 47)
    • Follow-up and Review (48 to 54)

    23 goals for a safe, orderly and regular migration

    The key points of the draft results document negotiated on July 11, 2018 for the conference in Marrakech (Morocco) on December 10 and 11, 2018 are 23 goals and obligations for safe, orderly and regular migration, which are initially listed (No. 16) in summary become. These are each explained in the following text and further elaborated in several sub-items (see No. 17 to 39).

    The 23 goals for a safe, orderly and regular migration are therefore:

    1. Collection and use of accurate and disaggregated data as a basis for policy making based on evidence.
    2. Minimizing adverse drivers and structural factors that drive people to leave their countries of origin.
    3. Providing correct and timely information in all phases of the migration.
    4. Ensure that all migrants have proof of legal identity and adequate documents.
    5. Improving the availability and flexibility of the routes for a regular migration.
    6. Promote fair and ethical labor recruitment and ensure conditions for decent work.
    7. Coping with and reducing precarious situations in the context of migration.
    8. Saving lives and establishing coordinated international action on missing migrants.
    9. Strengthen the cross-border fight against migrant smuggling .
    10. Preventing, combating and eradicating human trafficking in the context of international migration.
    11. Integrated, secure and coordinated border management.
    12. Strengthening legal certainty and predictability in migration procedures to ensure appropriate review, assessment and referral.
    13. Deprivation of liberty for migrants only as a last resort and search for alternatives.
    14. Improving consular protection and assistance and cooperation throughout the migration cycle.
    15. Ensure migrants have access to basic services.
    16. Empowering migrants and societies to achieve full inclusion and social cohesion.
    17. Eliminate all forms of discrimination and promote evidence-based public discourse to shape the perception of migration.
    18. Investing in education and training and facilitating mutual recognition of skills, qualifications and competencies .
    19. Creating conditions under which migrants and diasporas can fully contribute to sustainable development in all countries.
    20. Creating opportunities for faster, safer and cheaper remittances and promoting the financial inclusion of migrants.
    21. Working together to enable safe and dignified return and readmission as well as sustainable reintegration.
    22. Establish mechanisms for transferring social security and acquired benefit entitlements.
    23. Strengthening international cooperation and global partnerships for safe, orderly and regular migration.

    In the Federal Government's report on cooperation between the Federal Republic of Germany and the United Nations and individual, globally operating international organizations and institutions within the framework of the UN system in 2016 and 2017 , the migration pact “is not legally binding, but political designed to be mandatory ".

    Implementation and review assessments

    For the peoples rights activist Nora Markard migration pact so-called "soft law" (creates soft law ), with the primary purpose of providing a basis for discussion to agree. Only when such a declaration is actually implemented in practice, as Markard explains using the example of the Universal Declaration of Human Rights , can it become customary law.

    According to the legal scholar Christoph Vedder , all “obligations” from the migration pact are subject to national policy and national law. His conclusion: “The 'obligations' are therefore not real legal obligations.” However, they are “soft obligations” that cannot be sued, but which could nonetheless have political and moral effects.

    Roman Lehner describes the template as a kind of declaration of self-commitment. Nothing that is mentioned in the contract, no matter how specific, is enforceable; and it is not a violation of the law if the states do not adhere to it. In the opinion of the Federal Government, the GCM will not create a new legal framework and this will not contain any obligations “that go beyond the existing legal framework under international, Union or national law”.

    According to the political scientist Petra Bendel, the global pact for migration has advantages for all sides, and the sovereignty of the individual states remains intact, although the pact is more than a mere declaration of will. Sanctions are not provided, but the pact includes a review mechanism: "Every four years, a check should be made to see which of the goals are being implemented by the individual states and which are not". To review the goals, a “Review Forum for International Migration” will be set up, which is to take place every four years from 2022. In contrast to the critics of the pact, Bendel sees only two risks: “that individual states will withdraw and that governments will simply ignore the recommendations and the results of the review”.

    The lawyer Thomas Gammeltoft-Hansen from the Raoul Wallenberg Institute said in 2017 that the pact still to be formulated at the time could develop an important role as "soft law". He also referred to a report by Peter Sutherland , according to which a migration pact could bundle generally accepted norms and principles in a global framework agreement with partly non-binding, partly binding elements and identify possible further developments. Gammeltoft-Hansen also emphasized that it was not certain that such a pact would actually improve the human rights situation, because the assumption that the law would always be further consolidated in the manner of a cascade was incorrect. Rather, a codification of norms as “soft law” can also be used to block a later further development of these norms into binding law (hard law).

    Former United Nations Secretary General , Ban Ki-moon , assumes that the pact will have a big effect. It is good practice in the international community "that agreements that are not legally binding are also respected."

    In its decision of 7 December 2018 on applications for an interim injunction against the consent of the Federal Government, the Federal Constitutional Court found that the pact was not a treaty under international law and that it could not trigger any domestic legal effects.

    Discussion and criticism

    In Germany

    The press criticized the Foreign Office for a lack of communication with regard to the migration pact. “An embarrassed silence when asked why the document has only been available in German since October 11th. It was finally negotiated in New York in July ”. Only since the beginning of November 2018, according to the " Tagesspiegel ", have "the most common prejudices and corrections" been read on the websites of the Federal Foreign Office and the coalition parties, although the right-wing populists have been "focused against the UN migration pact" since mid-September. dragged. For their part, representatives of the office complained at the beginning of November 2018 that attempts were being made to mobilize public opinion against the agreement with “misleading information”. They contradict representations that the pact is expected to accelerate and multiply immigration. Such predictions are dubious. They agree to the pact and want to promote its implementation. The Foreign Office was also criticized in November 2018 by the “Tagesspiegel” for not publishing the federal government's negotiating positions and for not wanting to explain why the final version of the pact contained a sentence that described migration unreservedly positive, while in a previous version only the possibility of positive effects was mentioned.

    As of September 2018, 21 online petitions against the UN Migration Pact were submitted to the Petitions Committee of the German Bundestag. The first petition against the migration pact with the Petitions Committee of the Bundestag was from an employee of AFD - German MPs . In this petition were formulations such as: “This pact is an instrument for the gradual erasure of our identity!” The pact would “ promote migration to the countries of the West , whose national identities are blurred, create a multi-ethnic and multicultural society .” The publication of this The petition was rejected on the grounds that "it seems suitable to burden social peace, international relations or intercultural dialogue." On November 21, 2018, the Petitions Committee decided to send one of the 21 petitions, Petition 85565, to its website put. Within three days she reached the quorum of 50,000 online signatories. The petition is supported and promoted by the AfD . The comment function on the petition was deactivated on November 30th at the instigation of the petition committee chairman, because the forum "was marked by a large number of contributions that violated the usage guidelines requiring approval and proper moderation was not possible due to the high number of such contributions" be.

    In a Bundestag debate in early November 2018, representatives of the AfD made it clear that their party was unanimous in rejecting the UN migration pact. In doing so, they received vehement opposition from the other groups; they were accused of conspiracy theories , since Germany had long been meeting the standards of the pact. Representatives of the left drew attention to the fact that the AfD is now playing as a critic of the pact, but had rejected the possibility of a discussion in New York in May. Representatives of the Bundestag traveled to the USA in May to deliberate on the UN agreement, but Petr Bystron from the AfD declined because he saw "no use for the Foreign Affairs Committee in this trip". SPD, FDP, Greens and Left are in favor of the agreement. However, the Greens, the Left and the FDP accused the government in the Bundestag of providing insufficient information about the pact. The Free Voters of Bavaria reject the pact because of "design flaws". In contrast, the Greens see a need for adjustment, in particular the requirements for normal to low-skilled labor migration are too high, while the influx of highly qualified labor migrants must be slowed down. The Greens parliamentary group introduced a motion to the Bundestag calling for the pact's guidelines to be implemented quickly.

    In the CDU, Federal Health Minister Jens Spahn called for a discussion and vote on the UN migration pact at the CDU federal party conference in early December 2018. CDU General Secretary Annegret Kramp-Karrenbauer , his competitor for the party chairmanship, joined the idea. While the CDU regional association Saxony-Anhalt rejects the pact, leading Union politicians see no reason for a rejection. Thomas Strobl, for example, said that “one shouldn't let the populist hysteria of the right drive you crazy.” CSU politician Peter Ramsauer spoke out against the UN pact: “Throughout the document there is an attitude, migration as something To look at normal and even desirable things [...] That opens the door to the flow of refugees to Europe and Germany. ”Ramsauer's party friends, Interior Minister Horst Seehofer and Alexander Dobrindt, on the other hand, support the agreement.

    At the end of October, the CDU politician and international lawyer Matthias Herdegen criticized the “gray area of ​​legal non-binding nature” of the agreement in the German daily Die Welt , which nevertheless gave the impression of binding force. The pact would create expectations among those willing to migrate, but they would not face reliable structures. His party friend Christoph de Vries has a different opinion, who regretted "that the Austrian Chancellor Kurz had withdrawn from the agreement under pressure from his right-wing populist coalition partner. Gabor Steingart certifies the authors of the pact naivety by using migration merely as a source of prosperity, innovation and more sustainable Development described without considering crime and the smuggling industry. Steingart referred to Silke Launert's criticism of the pact in a closed parliamentary group meeting of the CDU / CSU. In an interview with Steingarts with Stefan Aust , who published an article on the UN migration pact on November 25, 2018, Aust said that an official report by the federal government stated that the migration pact was not legally binding, but designed to be politically binding. This shows all the assurances of politicians that the pact is not legally binding, at least in the area of ​​half-truth. The legalization of illegal immigrants with full access to the benefits of the welfare state is likely to result in the increasing number of immigrants endangering the stability of the welfare state. "The rights of the population of a target state play practically no role."

    Analysts from the Berlin-based company Botswatch published a statement according to which the debate on the pact on the Internet had been heavily influenced by bots and 28% of the German-language messages on Twitter had come from social bots . The study was presented as a fact by some media and was taken up by Justice Minister Katarina Barley , among others . However, other experts denied the assessment and complained about the poor methodology behind the Botswatch study. In the Neue Zürcher Zeitung newspaper, Jonas Hermann located Botswatch's management personnel in the environment of the German ruling party CDU . According to Hermann, the study could be used to discredit critics of the pact.

    In mid-May 2019, the Tagesspiegel enforced the required information from the Federal Foreign Office via the Freedom of Information Act , which revealed that previous claims by the office that the pact had been publicly negotiated were untrue. Interstate rounds of negotiations in New York were only "partially public" and there were "upstream and downstream non-public meetings". The office had partially censored the documents handed over to the journalists, so that it initially remained unclear which states were putting Germany / the European Union under pressure and thus reaching far-reaching concessions.

    In an international context

    For Robert Muggah, urban developer and co-founder of the Brazilian think tank Igarapé Institute , the compact does not go far enough and he explains in an interview in September 2018 why numerous cities around the world are in favor of a more far-reaching pact that makes it easier for cities to be more pragmatic with migration to deal with. The international trade union confederation of the public services complained about the weakening of the final text of the contract towards more restrictions on access to public support services for migrants and the subsequently added stronger distinction between illegal and legal migrants. The insistence of states on their sovereignty in relation to international human rights was also criticized.

    Marta Foresti from the Overseas Development Institute said she was disappointed that the "easy way" had been taken and that aid in the migrants' home countries had been given preference in the agreement, although there was no data to prove the effectiveness of such aid in curbing irregular migration. Nevertheless, she rated the agreement as a major success. The pact is a pragmatic and potentially very useful compilation of options that can be translated into concrete action. Patrycja Sasnal from the private American think tank Council on Foreign Relations called in mid-June 2018 to accept the pact because it defines common standards and norms for the first time, even if it is not binding. Public discourse is required to counter concerns through rational debates. The narrative that international cooperation on migration issues affects national sovereignty is wrong.

    Development economist and UNESCO coordinator for migration and development, Raul Delgado Wise describes it as uncertain what the pact will bring. He sees the nature of current migration, the still existing dominance of the neoliberal transnational historical bloc and the meager results of the pact as a bad omen. According to his research, it is a widespread position to portray migration as a triple-win situation for migrants, the receiving countries and the sending countries. However, this unrealistic scenario only serves the interests of the receiving countries. "If you look at the data, migration is subsidizing the north by the south." Left economists like Samir Amin are therefore calling for an auto-centered development of the global South to be made possible instead of a generous migration policy . Development policy voices from the school of dependency theory and world system theory are therefore opposed to the UN migration pact.

    The Austrian political scientist Arno Tausch formulates two critical aspects. On the one hand, he sees a displacement effect in the target countries and refers to a study by the Austrian Institute for Economic Research according to which the opening of the Austrian labor market in 2011 and 2014 drastically accelerated labor immigration. According to the study, four to eight of ten people who became unemployed during this period were the result of immigration. On the other hand, there was a brain drain in the countries of origin . He referred to a paper by Princeton sociologist Alejandro Portes from 1976 and an article in the British Medical Journal from 2002 according to which the exodus of doctors from developing countries had reduced the health chances of the local population at the time of the study.

    Former UN Population Division chairman Joseph Chamie thought the pact was a step in the right direction, but noted that the pact would not solve any of the major problems. He mentioned the "asymmetry of human rights" (in addition to the right to leave one's country , the lack of the right to enter another country), "demography" (too many migrants and little need for migration), "limited options for migration" (the majority of migrants have no right to legal migration) and the growing resistance to migration.

    The GCM aims to facilitate the transfer of money from migrant workers to their countries of origin. According to a study by the IMF , large-volume cash transfers from migrant workers can create a situation similar to the economic scenario of the Dutch disease , in that the money flows lead to an appreciation of the currencies of the countries of origin and thus to a loss of international competitiveness . This means that the countries of origin are becoming more and more dependent on the receiving countries. To avoid this, the countries of origin would have to ensure that the money transfers do not flow into consumption, but rather predominantly into investments. Countries of origin, whose economies are particularly dependent on cash transfers from migrant workers, include Nepal and Kyrgyzstan (estimated 30% of GDP) as well as Kosovo (15% of GDP) and Moldova (21% of GDP). This shows that such money transfers do not lead to positive economic development.

    supporter

    America

    Canada, Paraguay

    The adoption of Canada is a formality. Canada played a key role in drafting the agreement. Ahmed Hussen, immigration minister of Somali origin in the liberal government around Justin Trudeau , praised the UN pact.

    Paraguay accepted the migration pact. The Paraguayan Foreign Office stated that "there are more than a million Paraguayans living abroad, so it would be a moral imperative to support this position to ensure the well-being of these people."

    Europe

    Germany

    Chancellor Angela Merkel sees the agreement as a contribution to the containment of illegal immigration , the pact emphasizes the sovereignty of the states in immigration issues and is a basis for legal migration of skilled workers or for humanitarian reasons. The grand coalition stood behind the UN agreement and, in a motion for a resolution introduced to the Bundestag, pledged “the preservation of Germany's national sovereignty”. In addition, the coalition states in this resolution that the controversial UN migration pact "does not create any enforceable rights and obligations" and has "no legal change or legislative effect". Further points in the application are the request to the federal government to make a clear distinction between legal and illegal migration, to further strengthen the protection of the European external borders, to fight smugglers more strongly and to improve living conditions in the countries of origin. On November 29, the German Bundestag approved the motion for a resolution. A little later, the CDU federal party congress also supported the agreement with a large majority. Chancellor Merkel will personally attend the conference in Marrakech.

    Belgium, France, Netherlands, Portugal, Spain, United Kingdom

    In Belgium , the largest coalition partner, the Flemish nationalist Nieuw-Vlaamse Alliantie (N-VA), declared their rejection of the pact in December 2018. Prime Minister Charles Michel from the Walloon Mouvement Réformateur (MR) described a possible termination of the government by the N-VA because of the pact as "irresponsible". On December 7th, the Belgian parliament voted 107 to 36 in favor of the UN agreement. Michel then announced that he would give Belgium's support for the UN pact on behalf of Parliament. The N-VA, alongside which the Vlaams Belang party also spoke out in parliament against Belgium's participation in the pact, then declared that it saw “no point” in further participation in the government. After the N-VA left the governing coalition, Prime Minister Michel reshuffled his government on December 9, 2018, replacing the N-VA ministers and state secretaries with members of the remaining parties in the minority government . The behavior of the N-VA was judged by its critics as an election maneuver.

    French President Emmanuel Macron supports the agreement. The contract "is not mandatory, but an important stage in international cooperation, including in the fight against smuggling networks". Furthermore, "the solutions proposed in the agreement would be precisely in line with Europe's values ​​and European interests".

    The Netherlands are in favor of the UN pact. Foreign Secretary Mark Harbers emphasized the positive aspects of the UN agreement. "The pact can help to reach further agreements with other countries, for example on the return of migrants," Harbers is quoted as saying. After a parliamentary debate on the agreement initiated by the FvD , a vote of no confidence was held against the government. 18 MPs support it, 117 rejected it.

    In Spain's experience , no country can cope with the multiple challenges of international migration on its own. That is why it announced on November 12th that it would support the pact.

    Portugal supports the pact. President Marcelo Rebelo de Sousa will personally attend the conference in Marrakech.

    Alistair Burt, Conservative Minister of the Foreign and Commonwealth Office announced that the United Kingdom supports the UN agreement. Among other things, the pact is suitable as a further step in international cooperation to combat illegal migration.

    Denmark, Finland, Norway, Sweden

    According to the Ministry of Migration and Integration, the Danish government intends to join the pact. Prime Minister Lars Løkke Rasmussen defended the pact against criticism from the opposition. "The government would never dream of signing anything that weakens our ability to implement the strict immigration policy in Denmark," said Rasmussen in a parliamentary debate.

    In Finland , at the request of the right-wing "True Finns", a parliamentary debate took place with the UN pact as a topic, in which the government tried to dispel doubts. The government supports the agreement as the aim is "to curb illegal migration". Foreign Minister Timo Soini reiterated that this is not a contract that has to be signed, but a document that is accepted by the UN General Assembly in the normal resolution process.

    On November 13, Norway announced ratification of the UN pact. “Migration is a major challenge for countries around the world. Because of this, we need a common ground for political efforts to deal more effectively with migration. There is broad consensus that irregular migration must be managed and controlled more effectively, Prime Minister Erna Solberg is quoted as saying. The Norwegian government pointed out, however, that it is dissatisfied with the interpretation of some text passages in the agreement, which is why support will be linked to a declaration by Norway to the United Nations. "

    The Swedish interim government led by the acting Prime Minister Stefan Löfven confirmed Sweden's approval of the agreement on November 22nd. “In the EU, Sweden has actively promoted global cooperation between countries of origin, transit and destination. Sweden welcomes the balanced text and intends to support the migration pact at the Marrakech conference in December ”, stated a government communication.

    Albania, Bosnia-Herzegovina, Estonia, Croatia, Lithuania, Montenegro, Romania, Slovenia

    Albania accepts the UN pact. For Albania, President Ilir Meta will attend the conference.

    Also, Bosnia and Herzegovina supports the agreement.

    The government in Estonia first announced that it would not sign the migration pact. “When we formed the government coalition, we agreed that we should only make decisions in agreement. The government failed to reach an agreement at the cabinet meeting today on support for the UN pact on immigration. Therefore, the government will not join the agreement, ”Prime Minister Jüri Ratas of the left-wing populist Center Party was initially quoted as saying. In a parliamentary session on November 26, 2018, 41 MPs spoke out in favor of supporting the pact and only 27 parliamentarians against. Ratas then announced that the government would be guided by the vote of the people's representatives. The background to the vote was a government crisis surrounding the agreement between the triple coalition of the Center Party, Social Democrats and the conservative Isamaa party .

    The Croatian government Andrej Plenković stands by the negotiated contract. The State President Kolinda Grabar-Kitarović , who had already signed up for the signing ceremony in Marrakech, said in early November to participate, and did not want to sign, according to press reports and is quoted: "I am neither against it nor I support the document". The president's change of heart is attributed by the opposition and political observers to a nervousness ahead of the upcoming presidential elections. Croatia finally accepted the pact.

    Lithuania's government is in favor of the pact. Interior Minister Eimutis Misiūnas said that the UN Migration Pact is important on a global level and a declarative, non-binding document. Lithuanian President Dalia Grybauskaitė publicly supported the agreement. “This pact will help to address the global problem of illegal migration,” Grybauskaitė is quoted as saying.

    Montenegro's Foreign Ministry said it supports the UN pact. It is "the first United Nations agreement on a common concept for international migration". Montenegro supports "a global agreement that seeks to make progress in this area, with strict respect for international law and the standards promoted by the United Nations".

    The Romanian government around President Klaus Johannis supports the agreement.

    Slovenia will approve the pact through State Secretary Sandi Čurin in Marrakech, said the Slovenian government.

    United Nations, European Union and International Community

    In addition to the United Nations and the European Union, which, however, are not part of the agreement, numerous other countries support the Global Migration Compact. At the General Assembly of the United Nations on September 26, 2018, a preparatory meeting “Road to Marrakech” was organized by the UN missions from Bahrain, Brazil, Canada, Indonesia, Mexico, the Philippines, Rwanda, Turkey and Germany. UN Secretary General António Guterres also took part in this meeting.

    Catholic Church

    In addition to various religious and non-religious non-governmental organizations that had been involved in the process in the run-up to the diplomatic negotiations via a church-organized network, the Representation of the Holy See at the United Nations also advocated certain positions in the migration pact. In October 2018 , Archbishops Bernardito Cleopas Auza and Ivan Jurkovič , who were appointed permanent observers of the Holy See at the United Nations, assessed the achievements of the church negotiating group as positive. Archbishop Auza saw certain formulations in the pact as particular successes of his church. For example, it was prevented that sexual and reproductive health were also mentioned in Goal 15, "Access to basic services", but that the wording was weakened and only general reference was made to the recommendations of the World Health Organization . On the initiative of the church, it was also possible to install "religious organizations" under item 44 of the pact as "relevant stakeholders" to be involved in the implementation. In August 2018, the Pope himself presented a 20-point action plan for governments with which he wanted to create the basis for the adoption of the migration and refugee pacts. The key messages were "Welcome", "Protect", "Promote" and "Integrate". The ultimate goal is to create an inclusive, sustainable home for everyone. The dignity and personal well-being should take priority over the security of a country.

    After the pact was accepted, Archbishop Auza named the remaining reservations of the church: she had always called for the removal of references to any documents that were not the result of intergovernmental negotiations, and "sexual and reproductive health" should be understood holistically and not extended Abortion or abortion-causing agents, the “minimum initial service package” proposed by the WHO should be rejected for the same reason and “gender” should be understood in the biological sense as either male or female.

    no agreement

    On December 10, 2018, in addition to the USA, 27 other states that had previously stood by the treaty text in July did not agree to the pact.

    America

    Brazil, Dominican Republic, United States of America

    The newly elected government in Brazil announced on December 11th that it would terminate the pact in January 2019. On December 19, Brazil voted in the UN General Assembly to accept the pact. On January 9, 2019, right-wing President Jair Bolsonaro declared his intention to pull Brazil out of the pact.

    The Dominican Republic initially rejected the agreement. "Signing the pact would place an economic burden on the state and create border situations that could not be managed," a government legal adviser was quoted as saying. The Dominican Republic did not vote in the UN General Assembly on December 19, 2018.

    The US government under Donald Trump had already refused to participate in the drafting of the migration pact in December 2017 because it interfered with American sovereignty and ran counter to US immigration policy. The American Mission to the UN stated that the agreement contained numerous provisions that were incompatible with the US immigration and refugee policy and the immigration principles of the Trump administration. The US Ambassador to the United Nations, Nikki Haley , said: “… our decisions about immigration policy must always be made by Americans… We will decide how we can best control our borders and who can enter our country. The global approach of the pact is incompatible with US sovereignty. "

    Asia

    Israel

    The Israeli Prime Minister Netanyahu , who has been pursuing immigration-critical policies since taking office, announced on November 20, 2018 that his country would not accept the migration pact. Israel is obliged to secure its borders against illegal immigration. Israel voted against the treaty at the UN General Assembly on December 19.

    Europe

    Poland, Slovakia, Czech Republic, Hungary

    The four Visegrád states of Poland, Slovakia, the Czech Republic and Hungary, all of which have restrictive immigration policies, all reject the agreement. The Polish government rejects the agreement because, according to Prime Minister Mateusz Morawiecki ( PiS ), national sovereignty has top priority. The government sees the sovereign right of states to decide who is admitted to their territory not sufficiently guaranteed in the document. In addition, they are dissatisfied with the lack of distinction between legal and illegal migration. Poland voted against the pact at the UN General Assembly on December 19.

    The Slovak Prime Minister Peter Pellegrini announced at the EU summit on November 25, 2018 that his country would not support the agreement. Slovakia did not take part in the vote in the UN General Assembly on December 19.

    Czech Prime Minister Andrej Babiš announced in mid-November 2018 that his government had rejected the pact. The reason given was the lack of important points, such as a clear distinction between legal and illegal migrants or a declaration that illegal migration was undesirable. The Czech Republic voted against the pact at the UN General Assembly on December 19.

    The Hungarian Orbán government of the right-wing national Fidesz Party declared that it did not want to support the agreement. The Hungarian Foreign Minister Péter Szijjártó described the pact as "the worst possible response the UN can give to the challenges of migration". One should not encourage escape movements, but turn them away and work better on eliminating their causes. Hungary voted against the pact at the UN General Assembly on December 19.

    Abstentions

    Bulgaria, Italy, Latvia, Austria

    Bulgaria announced in mid-November 2018 that it did not want to join the UN migration pact. This was announced by the deputy chairman of the ruling GERB party , Tsvetan Tsvetanov , after a ministerial meeting. Bulgaria abstained from voting at the UN General Assembly on December 19th.

    The Italian Prime Minister Giuseppe Conte and Foreign Minister Enzo Moavero (both non-party) had initially promised their support for the pact at a UN conference in September. "The migration pact is absolutely in line with our immigration policy," Conte was quoted as saying on November 28th. The interior minister Matteo Salvini of the right-wing populist Lega, however, said that he is “absolutely against the agreement”. The government of Lega and the left-wing populist five-star movement finally decided not to attend the UN conference. Parliament will decide in a vote whether Italy accepts the agreement. The decision not to take part in the conference is seen as a further concession on the part of Conte and Vice-Prime Minister Luigi Di Maio , who, like Conte, was in favor of the agreement, to Salvini. "The real head of government is Salvini, as has now been shown again, with the recent change of course, Italy is losing further credibility", criticized opposition politician and ex-minister Graziano Delrio . Italy abstained from voting at the UN General Assembly on December 19.

    The government of Latvia initially supported the agreement, but a vote in parliament on December 6th, in which 43 MPs voted against and 31 MPs in favor of Latvia, decided on support for the Baltic state. Similar to the neighboring state of Estonia, the government is committed to the parliamentary vote. Latvia abstained from voting at the UN General Assembly on December 19.

    The Austrian federal government considers the agreement to be unsuitable for regulating migration issues and fears the loss of state sovereignty and a dilution of the boundaries between legal and illegal migration. The Federal Government Kurz I therefore declared Austria's withdrawal from the agreement at the end of October 2018 . At the time, Austria was the third country to withdraw from the migration pact and was seen as a pioneer for other countries that followed Austria's example. Vice-Chancellor Heinz-Christian Strache from the FPÖ referred to the expertise of international law expert Michael Geistlinger, who pointed out the risk of customary international law arising from the pact. A total of 17 points of the UN migration pact are rejected that go beyond the current Austrian legal situation, including a .: Facilitating the change of status of regular-irregular migrants; Facilitation of family reunification; Settlement options for climate refugees or the ban on collective deportations. This decision was criticized by Federal President Alexander Van der Bellen and the MEP and ÖVP politician Othmar Karas . NEOS criticized the fact that the current Chancellor Sebastian Kurz had been involved in the negotiations on the pact in 2016 as Foreign Minister. Austria abstained from voting at the UN General Assembly on December 19.

    Australia

    The leadership in Australia , along with the United States, was one of the first to fundamentally refuse to accept the agreement. Peter Dutton , Australia's interior minister until August 2018, said Australia would not accept the pact "in its current form". For example, the country bumped into a section stating that immigration detention should only be used as a last resort. The government of Prime Minister Scott Morrison said on November 21, 2018 that the pact could encourage “illegal” immigration to the country. This threatens hard-won successes in the fight against people smuggling. The migration pact is not in Australia's interest. Australia abstained from voting at the UN General Assembly on December 19.

    Switzerland

    The Federal Council decided on October 10, 2018 to approve the migration pact. Resistance to the pact first formed in the SVP . Later, however, representatives of the CVP and FDP were skeptical or even negative. Lucien Scherrer concluded in the Neue Zürcher Zeitung that the pact could be used by left-wing parties and non-governmental organizations as a means of pressure for ever more extensive social, migration and media policy demands. The pact is not strictly legally binding, but entitles migrants in the receiving countries to claims that in part affect the law. If these were not met, the signatory states would have to justify themselves. On November 2, the National Council's State Political Commission recommended that the Federal Council not sign the migration pact by a vote of 15 to 9. In the commission it was undisputed that the pact is not legally binding. According to Commission President Kurt Fluri , the majority of the Commission is convinced that the pact is politically binding and that the demands contained therein would be accepted by politicians or organizations. The view of the Federal Council that there is no need for action because Switzerland is already largely fulfilling the objectives of the pact was not shared by the majority of the Commission. The commission also stuck to its motion to submit the migration pact to parliament as a federal resolution for discussion. On November 21, the Federal Council announced that Switzerland would not approve the migration pact for the time being, as it was still being discussed in parliament. A later approval is not excluded. Corresponding parliamentary proposals were dealt with on November 29 in the Council of States and on December 6 in the National Council. The debate in the National Council was canceled due to lack of time. The Council of States rejected the proposal of a definitive rejection of the migration pact by Hannes Germann ( SVP ) with 22 to 14 votes with 4 abstentions, but approved approaches with 25 to 15 votes, which transfer the decision-making authority over the pact to parliament. As a result, Switzerland stayed away from the Marrakech conference and abstained from voting at the UN General Assembly on December 19.

    Chile

    The Chilean government did not support the Global Compact on Migration. Government representatives were quoted as saying that the UN agreement “makes no distinction between regular and irregular migration”. Chile abstained from voting at the UN General Assembly on December 19.

    Adoption of the migration pact

    In Marrakech, 164 member states of the UN accepted the pact on December 10, 2018.

    The voting result of the UN General Assembly on December 19, 2018 in detail:

    • 152 Pro-votes: Egypt, Albania, Andorra, Angola, Equatorial Guinea, Argentina, Armenia, Azerbaijan, Ethiopia, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Bhutan, Bolivia, Bosnia-Herzegovina, Brazil, Burkina Faso, Burundi, China, Costa Rica, Denmark, Democratic Republic of the Congo, Germany, Dominica, Djibouti, Ecuador, El Salvador, Ivory Coast, Eritrea, Estonia, Fiji, Finland, France, Gabon, Gambia, Georgia, Ghana, Grenada, Greece, Great Britain, Guatemala, Guinea- Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iraq, Iran, Ireland, Iceland, Jamaica, Japan, Yemen, Jordan, Cambodia, Cameroon, Canada, Cape Verde, Kazakhstan, Qatar, Kenya, Colombia, Comoros, Congo, Croatia, Cuba, Kuwait, Laos, Lesotho, Lebanon, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Morocco, Marshall Islands, Mauritania, Mauritius, Macedonia, Mexico, Moldova, Monaco, Mongolia, Montenegro, Mozambique, Myanmar, Namibia, Nauru, Nepal , New Zealand, Nicaragua, Netherlands, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Papua New Guinea, Peru, Philippines, Portugal, Rwanda, Russian Federation, Saint Kitts and Nevis, Saint Vincent and Grenadines, Solomon Islands, Samoa, San Marino , Santa Lucia, Saudi Arabia, Zambia, Sweden, Senegal, Serbia, Sierra Leone, Zimbabwe, Slovenia, Spain, Sri Lanka, South Africa, Sudan, South Korea, South Sudan, Suriname, Swaziland, Syria, Tajikistan, Tanzania, Thailand, Togo, Chad, Tunisia, Turkey, Tuvalu, Uganda, Uruguay, Uzbekistan, Venezuela, United Arab Emirates, Vietnam, Belarus, Central African Republic, Cyprus
    • 12 abstentions: Algeria, Australia, Bulgaria, Chile, Italy, Latvia, Libya, Liechtenstein, Austria, Romania, Switzerland, Singapore
    • 5 votes against: Israel, Poland, Czech Republic, Hungary, United States
    • 24 member countries did not take part in the vote.

    See also

    literature

    • Clemens Knobloch : From the mother of all problems to the answer to all questions: The UN migration pact as a symbol. kultuRRevolution , spring 2019, pp. 38 - 42

    Web links

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