New York Declaration for Refugees and Migrants

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The New York Declaration on Refugees and Migrants (English: New York Declaration for Refugees and Migrants ), which also briefly as New York Declaration is referred to, is a resolution of the UN General Assembly which accepted it on 19 September 2016 by the 193 member countries unanimously has been.

It addresses the question of how the international community should best deal with the growing global phenomenon of large refugee and migration flows. Regarding this, it was noted: In 2015 there were more than 244 million migrants and their number is growing faster than the world population. But there are also around 65 million displaced people, including more than 21 million refugees, 3 million asylum seekers and over 40 million internally displaced people .

Essential parts of the New York Declaration are the creation of a comprehensive framework plan for refugee aid measures on the one hand, which forms the first part of the Global Compact for Refugees (UN Refugee Pact ), and on the other hand a complementary Global Compact for Safe, Orderly and Regular Migration (UN Migration Compact ) . This is intended to strengthen the existing international obligations and at the same time ensure better global coordination and cooperation.

The signatory states reaffirmed their commitment to fully respect the human rights of refugees and migrants and pledged support for countries affected by large-scale refugee movements.

This resolution is part of the implementation of the goals set in the UN Agenda 2030 for Sustainable Development (English: Transforming our world: the 2030 Agenda for Sustainable Development )

background

On 1 January 2016, the time set by the UN in 2000 were the Millennium Development Goals (. English Millennium Development Goals, MDG ) by the agreement of the UN agenda in 2030 for sustainable development replaces, in which the target 10.7 is: An orderly, safe , facilitate regular and responsible migration and mobility of people, including through the application of a well-planned and well-managed migration policy .

The starting points for the 2030 Agenda and its goals for sustainable development were, on the one hand, the Rio Conference in 1992 with the Agenda 21 adopted there, and on the other hand, the Millennium Summit of 2000 and the subsequently formulated MDGs. At the UN Conference on Sustainable Development (Rio + 20) in June 2012, the governments took up the criticism of the limited focus of the Millennium Development Goals and decided to formulate more comprehensive goals for sustainable development (Sustainable Development Goals, SDGs) in the 2030 Agenda .

Back in 2007 was Global Forum on Migration and Development ( Global Forum on Migration and Development , GFMD) created.

Subject of the New York Declaration

So far, the only international agreement on dealing with people who leave their homeland has been the UN's 1951 Geneva Refugee Convention . It regulates the protection and rights of people who flee to other countries because of their persecution for political, racial and other reasons. The wording of the Geneva Convention has not been changed in recent decades, but its application has been expanded to include people who leave their homeland as a result of wars and other violent conflicts. This currently applies to around 5.5 million Syrian refugees abroad. For people who emigrate from their country of birth for other reasons - mostly in the hope of finding work and a better life abroad - there have so far been no international rules and agreements. However, according to UN figures from December 2017, the number of these migrants has risen by 49 percent since 2000 to almost 260 million. That is around 3.4 percent of the world's population.

Large flows of refugees and migrants have political, economic, social, development-related, humanitarian and human rights implications that cross all borders. These are global phenomena that require global approaches and global solutions. No state can handle such flows on its own. Neighboring or transit countries, mostly developing countries, are disproportionately affected. In many cases, their capacities are stretched to the limit, affecting their own social and economic cohesion and development.

In addition, long-term refugee crises are the order of the day today, with the corresponding long-term consequences for those involved and their host countries and communities. Greater international cooperation is needed to support host countries and communities.

Large flows of refugees and migrants must be accompanied by comprehensive political support, assistance and protection in accordance with the obligations of states under international law.

Demonizing refugees or migrants shakes the foundations of the dignity and equality of all people - values ​​to which the United Nations, the cradle and guardian of these universal values, is committed, deeply disapproves of all manifestations of xenophobia, racial discrimination and intolerance. The United Nations will take a number of steps to counter such attitudes and behaviors, in particular towards hate crime, hate speech and racist violence.

While their treatment is subject to separate legal frameworks, refugees and migrants enjoy the same general human rights and fundamental freedoms.

All refugees and migrants have rights. The goals and principles of the Charter of the United Nations , the Universal Declaration of Human Rights and the fundamental international human rights treaties are mentioned in particular .

Refugees and migrants are entitled to the same general human rights and fundamental freedoms, which must always be respected, protected and guaranteed. However, they are different groups, subject to separate legal frameworks. Only refugees have a right to the specific international protection provided for by international refugee law.

Appendix I contains a comprehensive framework for refugee assistance and sets out measures to achieve a global compact for refugees in 2018, while Appendix II sets out measures to achieve a global compact for safe, orderly and regular migration in 2018. The framework plan in Appendix I represents the first part of the Global Compact for Refugees.

Implementation of the New York Declaration

The United Nations High Commissioner for Refugees has been mandated to create a draft global pact for refugees based on the Framework for Refugee Aid Measures listed in Appendix I of the New York Declaration, so that it can be dealt with at the General Assembly in 2018.

Based on the measures listed in Appendix II of the New York Declaration to achieve a global pact for safe, orderly and regular migration, the UN migration pact was approved by the UN ambassador for Switzerland and Mexico and the special envoy for international migration, Louise Arbor , in Commissioned by the President of the UN General Assembly between spring 2017 and summer 2018 and with the involvement of the UN member states. So that this can then be adopted at an intergovernmental conference in 2018.

Due to the adoption of the UN Refugee Pact every four years is one in Geneva from 2019 to coordinate global refugee Forum ( Global Refugee Forum ) days of senior officials in the government to bring aid proposals, make financial and other commitments. Each state would be able to determine its own commitments and contributions. To this end, the High Commissioner will prepare an annual report for the General Assembly.

The UNHCR is working with the Member States, the Special Representative of the UN Secretary General for Migration, IOM together and the UN Secretariat to ensure that there is consistency and clarity between the two pacts. This applies above all to cross-thematic areas such as people smuggling, sea rescue and data analysis.

UN migration pact

Appendix II of the New York Declaration sets out measures to achieve a global pact for safe, orderly and regular migration in 2018, the UN migration pact .

It is the first intergovernmental agreement negotiated under the auspices of the United Nations that regulates all dimensions of international migration holistically and comprehensively.

The pact contains a number of principles and obligations between member states on international migration. This is intended to create the prerequisites for safe, orderly and regular migration.

This pact has three key objectives:

  1. The realignment of national development policy and international development cooperation with regard to migration.
  2. Strengthening international cooperation against people smugglers and human traffickers and protecting their victims.
  3. The call to all states worldwide to expand the possibilities of legal migration routes.

The UN Migration Pact is the first global framework for a common approach to international migration in all its forms was adopted on December 10, 2018 at the General Assembly of the United Nations in Marrakech, Morocco with 152 votes in favor, 12 abstentions and 5 against, 24 member states took part did not attend the conference.

UN refugee pact

Appendix I of the New York Declaration contains a comprehensive framework for refugee aid measures and specifies measures to achieve a global pact for refugees in 2018.

This pact has four key objectives:

  1. Reduce pressure on receiving countries.
  2. Promote the independence and resilience of refugees.
  3. Expand access to resettlement and other humanitarian admission programs in third countries.
  4. Promote the conditions that enable people to return to their home country in safety and dignity.

On December 17th, the refugee pact was adopted by 181 of the 193 member states at the UN General Assembly in New York.

Differentiation between refugees and migrants in the pacts

Since there is overlap and confusion, e.g. B. '' Because of the refugee crisis in Europe from 2015 onwards , the UN migration pact was drawn up '' or '' the UN refugee pact falls under migration policy , immigration and law, '' the UN published a definition.

Distinction by the UN

  • Refugees are people who are outside their country of origin for reasons of feared persecution, conflict, violent violence or other circumstances that have seriously impaired public order and who are in need of international protection. The definition of refugees can be found in the Geneva Refugee Convention of 1951 and the regional refugee instruments as well as in the statute of the United Nations High Commissioner for Refugees .
  • While there is no formal legal definition of an international migrant , most experts agree that an international migrant is someone who changes his or her habitual residence regardless of the reason for migration or legal status. In general, a distinction is made between short-term or temporary migration, which includes movements lasting between three and twelve months, and long-term or permanent migration, which relate to a change of residence of a year or more.

More detailed information is available on the UN website under 'Refugees' and 'Migrants' - Frequently Asked Questions (FAQs)

The UN Refugee Germany answered this question:

  • The Refugee Pact and the Migration Pact were both adopted by the New York Declaration. But both have little to do with each other.
  • In terms of content , migrants are clearly differentiated from refugees in both pacts .
  • The negotiations on the migration pact is a process led by UN member states under the leadership of Mexico and Switzerland.
  • For the pact for refugees, the UNHCR was commissioned to lead the consultation process with the states and to develop a consensus document in close cooperation with them.

In the New York Declaration

While their treatment is subject to separate legal frameworks, refugees and migrants enjoy the same general human rights and fundamental freedoms . They also face many common problems and are exposed to similar risks, even in the context of large crowds.

Both a set of obligations applicable to refugees and migrants and a set of obligations each applicable to refugees and migrants were adopted.

In the UN migration pact

Together, the two Global Compacts form complementary international frameworks for cooperation, the respective mandates of which are to be fulfilled in accordance with the New York Declaration for Refugees and Migrants, which recognizes that migrants and refugees face many common problems and are exposed to similar risks.

Refugees and migrants are entitled to the same general human rights and fundamental freedoms, which must always be respected, protected and guaranteed. However, they are different groups, subject to separate legal frameworks. Only refugees have a right to the specific international protection provided for by international refugee law.

In the UN refugee pact

It is based on the international refugee protection system, the core of which is the cardinal principle of non-refoulement and the Geneva Refugee Convention of 1951 and its Protocol of 1967 . Some regions also have specific agreements that apply to their specific situation. The global compact is based on the relevant international human rights conventions, international humanitarian law and other international agreements, where applicable. It is supplemented by conventions for the protection of stateless persons .

Refugee definition in the Geneva Refugee Convention

The Geneva Refugee Convention of 1951 is the basis of international refugee law , which was supplemented on January 31, 1967 by the protocol on the legal status of refugees . Article 1 of the Geneva Refugee Convention defines a refugee as a person who is outside the country of which he or she is a national or in which he is permanently resident and who is because of his or her race, religion, nationality, membership of a particular social group or because of it political conviction has a well-founded fear of persecution and cannot avail himself of the protection of this country or cannot return there because of this fear of persecution.

criticism

These two pacts are not international treaties with binding obligations for the signatory states. Rather, they represent an operational instrument to promote international cooperation and coordination between the member states. They merely formulate goals and intentions on which the states have agreed. How these goals would be implemented is up to them.

According to the preamble, both the UN Refugee Pact and the UN Migration Pact are not legally binding and therefore not justifiable. This means that neither refugees nor migrants can invoke these pacts in a lawsuit in court.

Soft law instruments, i.e. legal instruments that cannot be directly enforced, are considered to be of little meaning in Europe or they are seldom a guide to action. This is also where the criticism of the process comes in regularly: the objective of (merely) a global pact without legally binding character can contribute very little to the global protection of refugees and migrants, and is therefore impractical.

The UN migration pact led to heated public discussions in the immigration countries, as it is not binding and at the same time the goals were explicitly formulated as an obligation (“we commit ourselves”). It was feared that the pact could become binding under international law at a later date, which would cause them to lose their national sovereignty.

See also

Web links

Commons : Refugees  - Collection of pictures, videos and audio files
Commons : Migration (human)  - collection of images, videos and audio files

Individual evidence

  1. ↑ a b c New York Declaration for Refugees and Migrants Resolution of the General Assembly, adopted on September 19, 2016 (pdf, German)
  2. ^ New York Declaration UN Refugees and Migrants
  3. ^ Towards a global compact on refugees UNHCR
  4. ↑ New York Declaration see p. 1, para. 2
  5. ↑ New York Declaration see p. 1, para. 3
  6. ↑ a b c International agreements for the protection of refugees and migrants UNO refugee aid Germany
  7. ↑ a b UNO General Assembly (2015): Transforming our world: the 2030 Agenda for Sustainable Development (pdf, English)
  8. ↑ UN Doc. A / RES / 70/1 (pdf, English)
  9. ↑ Report 2015 German.pdf United Nations (2015b): Millennium Development Goals Report 2015. New York. (pdf, German)
  10. ↑ Global Compact for Migration IOM International Organization for Migration , quote: '' The Global Compact is framed consistent with target 10.7 of the 2030 Agenda for Sustainable Development ''.
  11. ↑ The Agenda 2030 Global Future Goals for Sustainable Development , p. 99, Goal 10 Reduce inequality within and between countries
  12. ↑ New York Declaration see p. 4, para. 16
  13. ^ Website of the Global Forum on Migration and Development
  14. ↑ German GFMD engagement media release Global Forum for Migration and Development: German-Moroccan Co-Chair 2017–2018 of the Foreign Office from January 9th, 2017
  15. ↑ Why does migration have to be regulated internationally at all? In: Infosperber by Andreas Zumach, Geneva on Nov 6, 2018
  16. ↑ New York Declaration see p. 2, para. 7th
  17. ↑ New York Declaration see p. 3, para. 11
  18. ↑ New York Declaration see p. 3, para. 14th
  19. ↑ New York Declaration see p. 3, para. 14th
  20. ↑ New York Declaration see p. 2, para. 5
  21. ↑ UN Migration Pact see preamble p. 2, para. 4th
  22. ↑ New York Declaration see p. 5, no. 21st
  23. ↑ The Global Compact for Refugees. UNHCR, accessed December 28, 2018 .
  24. ↑ New York Declaration see p. 22, para. 19th
  25. ^ "Negotiations on framework for global coordination of migration successfully completed" Swiss Federal Council on admin.ch from July 13, 2018
  26. ↑ "'Historic moment' for people on the move, as UN agrees first-ever Global Compact on migration" UN-News from 13 July 2018
  27. ↑ New York Declaration see p. 12, para. 63 and
  28. ↑ UN Refugee Pact p. 5, No. 19th
  29. ↑ UNHCR Towards a global compact on refugees
  30. ↑ Global Compact on Refugees
  31. ↑ a b c What is the Global Compact for Safe, Orderly and Regular Migration (UN Migration Compact)? UNHCR Germany, UN Refugee Pact and UN Migration Pact
  32. ↑ UN News - General Assembly officially adopts roadmap for migrants to improve safety, ease suffering UN-News 19 December 2018
  33. ↑ What is the Global Compact for Refugees (UN Refugee Pact)? UNHCR Germany, UN Refugee Pact and UN Migration Pact
  34. ↑ UN affirms 'historic' global compact to support world's refugees UN News 17 December 2018
  35. ↑ a b c Global Compact on Refugees: How is this different from the migrants' pact and how will it help? UN News, December 19, 2018
  36. ^ Statute of the United Nations High Commissioner for Refu-gees
  37. ↑ UNHCR 'Refugees' and 'Migrants' - Frequently Asked Questions (FAQs)
  38. ↑ UN Refugee Pact and UN Migration Pact UNHCR Germany, faq "Are the Migration Pact and the Pact for Refugees the same?"
  39. ↑ New York Declaration see p. 2, para. 6th
  40. ↑ New York Declaration see p. 5, no. 21st
  41. ↑ UN Migration Pact see preamble p. 2, para. 3
  42. ↑ UN Migration Pact see preamble p. 2, para. 4th
  43. ^ Refugee Convention of the Organization for African Unity The Convention of the Organization of African Unity of 1969 adopted in Addis Ababa to regulate the specific aspects of refugee problems in Africa ( United Nations Treaty Series , Vol. 1001, No. 14691)
  44. ↑ Cartagena Declaration on Refugees Cartagena Declaration on Refugees from 1984
  45. ↑ Article 78 of the Treaty on the Functioning of the European Union
  46. ↑ Article 18 of the Charter of Fundamental Rights of the European Union
  47. ↑ Bangkok Principles on the Status and Treatment of Refugees Bangkok Principles on the Status and Treatment of Refugees of December 31, 1966 (in its final version of June 24, 2001)
  48. ↑ Universal Declaration of Human Rights in which, among other things, Art. 14 anchors the right to seek asylum
  49. ↑ UN Refugee Pact p. 8, No. 5
  50. ^ Refugee Convention UNHCR
  51. ↑ a b The global pact for refugees: On the way to a new way of dealing with refugee migration? In: Young Science in Public Law eV Hamburg, by Constantin Hruschka on December 15, 2017