Intergovernmental Conference to Adopt the Global Compact for Safe, Orderly and Regular Migration Marrakech, Morocco, 10 and 11 December 2018
Item 10 of the provisional agenda*
Outcome of the Conference
Draft outcome document of the Conference
Note by the President of the General Assembly
1. In its resolution 72/244, the General Assembly reaffirmed its decision that the Intergovernmental Conference to Adopt the Global Compact for Safe, Orderly and Regular Migration would result in the adoption of an intergovernmentally negotiated and agreed outcome, entitled “Global Compact for Safe, Orderly and Regular Migration”, and that the outcome of the intergovernmental negotiations held pursuant to its resolution 71/280 would be transmitted by the President of the General Assembly to the Intergovernmental Conference for adoption.
2. The text of the agreed outcome of the intergovernmental negotiations held pursuant to resolution 71/280 and led by the co-facilitators, Juan José Gómez Camacho (Mexico) and Jürg Lauber (Switzerland), on Friday, 13 July 2018 (see annex), is hereby transmitted to the Conference for adoption, in accordance with paragraph 6 (b) of resolution 72/244.
1. This Global Compact rests on the purposes and principles of the Charter of the United Nations.
2. It also rests on the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the other core international human rights treaties;1 the United Nations Convention against Transnational Organized Crime, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air; the Slavery Convention and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the United Nations Framework Convention on Climate Change; the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa; the Paris Agreement;2 and the International Labour Organization conventions on promoting decent work and labour migration,3 as well as on the 2030 Agenda for Sustainable Development; the Addis Ababa Action Agenda of the Third International Conference on Financing for Development; the Sendai Framework for Disaster Risk Reduction 2015-2030; and
the New Urban Agenda.
3. Discussions about international migration at the global level are not new. We recall the advances made through the United Nations High-level Dialogues on International Migration and Development in 2006 and 2013. We also acknowledge the contributions of the Global Forum on Migration and Development, launched in 2007. These platforms paved the way for the New York Declaration for Refugees and Migrants, through which we committed to elaborate a global compact on refugees and to adopt this Global Compact for Safe, Orderly and Regular Migration, in two separate processes. The two global compacts, together, present complementary international cooperation frameworks that fulfil their respective mandates as laid out in the New York Declaration for Refugees and Migrants, which recognizes that migrants and refugees may face many common challenges and similar vulnerabilities.
4. Refugees and migrants are entitled to the same universal human rights and fundamental freedoms, which must be respected, protected and fulfilled at all times. However, migrants and refugees are distinct groups governed by separate legal frameworks. Only refugees are entitled to the specific international protection defined by international refugee law. This Global Compact refers to migrants and presents a cooperative framework addressing migration in all its dimensions.
5. As a contribution to the preparatory process for this Global Compact, we recognize the inputs shared by Member States and relevant stakeholders during the consultation and stocktaking phases, as well as the report of the Secretary-General entitled “Making migration work for all”.
6. This Global Compact is a milestone in the history of the global dialogue and international cooperation on migration. It is rooted in the 2030 Agenda for Sustainable Development and the Addis Ababa Action Agenda, and informed by the Declaration of the High-level Dialogue on International Migration and Development, adopted in October 2013. It builds on the pioneering work of the former Special Representative of the Secretary-General on Migration, including his report of 3 February 2017.
7. This Global Compact presents a non-legally binding, cooperative framework that builds on the commitments agreed upon by Member States in the New York Declaration for Refugees and Migrants. It fosters international cooperation among all relevant actors on migration, acknowledging that no State can address migration alone, and upholds the sovereignty of States and their obligations under international law.
8. This Global Compact expresses our collective commitment to improving cooperation on international migration. Migration has been part of the human experience throughout history, and we recognize that it is a source of prosperity, innovation and sustainable development in our globalized world, and that these positive impacts can be optimized by improving migration governance. The majority of migrants around the world today travel, live and work in a safe, orderly and regular manner. Nonetheless, migration undeniably affects our countries, communities, migrants and their families in very different and sometimes unpredictable ways.
9. It is crucial that the challenges and opportunities of international migration unite us, rather than divide us. This Global compact sets out our common understanding, shared responsibilities and unity of purpose regarding migration, making it work for all.
10. This Global Compact is the product of an unprecedented review of evidence and data gathered during an open, transparent and inclusive process. We shared our realities and heard diverse voices, enriching and shaping our common understanding of this complex phenomenon. We learned that migration is a defining feature of our globalized world, connecting societies within and across all regions, making us all countries of origin, transit and destination. We recognize that there is a continuous need for international efforts to strengthen our knowledge and analysis of migration, as shared understandings will improve policies that unlock the potential of sustainable development for all. We must collect and disseminate quality data. We must ensure that current and potential migrants are fully informed about their rights, obligations and options for safe, orderly and regular migration, and are aware of the risks of irregular migration. We also must provide all our citizens with access to objective, evidence-based, clear information about the benefits and challenges of migration, with a view to dispelling misleading narratives that generate negative perceptions of migrants.
11. This Global Compact offers a 360-degree vision of international migration and recognizes that a comprehensive approach is needed to optimize the overall benefits of migration, while addressing risks and challenges for individuals and communities in countries of origin, transit and destination. No country can address the challenges and opportunities of this global phenomenon on its own. With this comprehensive approach, we aim to facilitate safe, orderly and regular migration, while reducing the incidence and negative impact of irregular migration through international cooperation and a combination of measures put forward in this Global Compact. We acknowledge our shared responsibilities to one another as States Members of the United Nations to address each other’s needs and concerns over migration, and an overarching obligation to respect, protect and fulfil the human rights of all migrants, regardless of their migration status, while promoting the security and prosperity of all our communities.
12. This Global Compact aims to mitigate the adverse drivers and structural factors that hinder people from building and maintaining sustainable livelihoods in their countries of origin, and so compel them to seek a future elsewhere. It intends to reduce the risks and vulnerabilities migrants face at different stages of migration by respecting, protecting and fulfilling their human rights and providing them with care and assistance. It seeks to address legitimate concerns of communities, while recognizing that societies are undergoing demographic, economic, social and environmental changes at different scales that may have implications for and result from migration. It strives to create conducive conditions that enable all migrants to enrich our societies through their human, economic and social capacities, and thus facilitate their contributions to sustainable development at the local, national, regional and global levels.
Unity of purpose
13. This Global Compact recognizes that safe, orderly and regular migration works for all when it takes place in a wellinformed, planned and consensual manner. Migration should never be an act of desperation. When it is, we must cooperate to respond to the needs of migrants in situations of vulnerability, and address the respective challenges. We must work together to create conditions that allow communities and individuals to live in safety and dignity in their own countries. We must save lives and keep migrants out of harm’s way. We must empower migrants to become full members of our societies, highlight their positive contributions, and promote inclusion and social cohesion. We must generate greater predictability and certainty for States, communities and migrants alike. To achieve this, we commit to facilitate and ensure safe, orderly and regular migration for the benefit of all.
14. Our success rests on the mutual trust, determination and solidarity of States to fulfil the objectives and commitments
contained in this Global Compact. We unite, in a spirit of win-win cooperation, to address the challenges and opportunities of migration in all its dimensions through shared responsibility and innovative solutions. It is with this sense of common purpose that we take this historic step, fully aware that the Global Compact for Safe, Orderly and Regular Migration is a milestone, but not the end to our efforts. We commit to continue the multilateral dialogue at the United Nations through a periodic and effective follow-up and review mechanism, ensuring that the words in this document translate into concrete actions for the benefit of millions of people in every region of the world.
15. We agree that this Global Compact is based on a set of cross-cutting and interdependent guiding principles:
(a) People-centred. The Global Compact carries a strong human dimension, inherent to the migration experience itself. It promotes the well-being of migrants and the members of communities in countries of origin, transit and destination. As a result, the Global Compact places individuals at its core;
(b) International cooperation. The Global Compact is a non-legally binding cooperative framework that recognizes that no State can address migration on its own because of the inherently transnational nature of the phenomenon. It requires international, regional and bilateral cooperation and dialogue. Its authority rests on its consensual nature, credibility, collective ownership, joint implementation, follow-up and review;
(c) National sovereignty. The Global Compact reaffirms the sovereign right of States to determine their national migration policy and their prerogative to govern migration within their jurisdiction, in conformity with international law. Within their sovereign jurisdiction, States may distinguish between regular and irregular migration status, including as they determine their legislative and policy measures for the implementation of the Global Compact, taking into account different national realities, policies, priorities and requirements for entry, residence and work, in accordance with international law;
(d) Rule of law and due process. The Global Compact recognizes that respect for the rule of law, due process and access to justice are fundamental to all aspects of migration governance. This means that the State, public and private institutions and entities, as well as persons themselves, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and are consistent with international law;
(e) Sustainable development. The Global Compact is rooted in the 2030 Agenda for Sustainable Development, and builds upon its recognition that migration is a multidimensional reality of major relevance for the sustainable development of countries of origin, transit and destination, which requires coherent and comprehensive responses. Migration contributes to positive development outcomes and to realizing the goals of the 2030 Agenda for Sustainable Development, especially when it is properly managed. The Global Compact aims to leverage the potential of migration for the achievement of all Sustainable Development Goals, as well as the impact this achievement will have on migration in the future;
(f) Human rights. The Global Compact is based on international human rights law and upholds the principles of non-regression and non-discrimination. By implementing the Global Compact, we ensure effective respect for and protection and fulfilment of the human rights of all migrants, regardless of their migration status, across all stages of the migration cycle. We also reaffirm the commitment to eliminate all forms of discrimination, including racism, xenophobia and intolerance, against migrants and their families;
(g) Gender-responsive. The Global Compact ensures that the human rights of women, men, girls and boys are respected at all stages of migration, that their specific needs are properly understood and addressed and that they are empowered as agents of change. It mainstreams a gender perspective and promotes gender equality and the empowerment of all women and girls, recognizing their independence, agency and leadership in order to move away from addressing migrant women primarily through a lens of victimhood;
(h) Child-sensitive. The Global Compact promotes existing international legal obligations in relation to the rights of the child, and upholds the principle of the best interests of the child at all times, as a primary consideration in all situations concerning children in the context of international migration, including unaccompanied and separated children;
(i) Whole-of-government approach. The Global Compact considers that migration is a multidimensional reality that cannot be addressed by one government policy sector alone. To develop and implement effective migration policies and practices, a whole-of-government approach is needed to ensure horizontal and vertical policy coherence across all sectors and levels of government;
(j) Whole-of-society approach. The Global Compact promotes broad multi-stakeholder partnerships to address migration in all its dimensions by including migrants, diasporas, local communities, civil society, academia, the private sector, parliamentarians, trade unions, national human rights institutions, the media and other relevant stakeholders in migration governance.
16. With the New York Declaration for Refugees and Migrants, we adopted a political declaration and a set of commitments. Reaffirming that Declaration in its entirety, we build upon it by laying out the following cooperative framework, comprising 23 objectives, implementation, as well as follow-up and review. Each objective contains a commitment, followed by a range of actions considered to be relevant policy instruments and best practices. To fulfil the 23 objectives, we will draw from these actions to achieve safe, orderly and regular migration along the migration cycle.
Objectives for safe, orderly and regular migration
1. Collect and utilize accurate and disaggregated data as a basis for evidence -based policies
2. Minimize the adverse drivers and structural factors that compel people to leave their country of origin
3. Provide accurate and timely information at all stages of migration
4. Ensure that all migrants have proof of legal identity and adequate documentation
5. Enhance availability and flexibility of pathways for regular migration
6. Facilitate fair and ethical recruitment and safeguard conditions that ensure decent work
7. Address and reduce vulnerabilities in migration
8. Save lives and establish coordinated international efforts on missing migrants
9. Strengthen the transnational response to smuggling of migrants
10. Prevent, combat and eradicate trafficking in persons in the context of international migration
11. Manage borders in an integrated, secure and coordinated manner
12. Strengthen certainty and predictability in migration procedures for appropriate screening, assessment and referral
13. Use migration detention only as a measure of last resort and work towards alternatives
14. Enhance consular protection, assistance and cooperation throughout the migration cycle
15. Provide access to basic services for migrants
16. Empower migrants and societies to realize full inclusion and social cohesion
17. Eliminate all forms of discrimination and promote evidence-based public discourse to shape perceptions of migration
18. Invest in skills development and facilitate mutual recognition of skills, qualifications and competences
19. Create conditions for migrants and diasporas to fully contribute to sustainable development in all countries
20. Promote faster, safer and cheaper transfer of remittances and foster financial inclusion of migrants
21. Cooperate in facilitating safe and dignified return and readmission, as well as sustainable reintegration
22. Establish mechanisms for the portability of social security entitlements and earned benefits
23. Strengthen international cooperation and global partnerships for safe, orderly and regular migration
17. Collect and utilize accurate and disaggregated data as a basis for evidence -based policies
18. Minimize the adverse drivers and structural factors that compel people to leave their country of origin
19. Provide accurate and timely information at all stages of migration
20. Ensure that all migrants have proof of legal identity and adequate documentation
21. Enhance availability and flexibility of pathways for regular migration
22. Facilitate fair and ethical recruitment and safeguard conditions that ensure decent work
23. Address and reduce vulnerabilities in migration
24. Save lives and establish coordinated international efforts on missing migrants
25. Strengthen the transnational response to smuggling of migrants
26. Prevent, combat and eradicate trafficking in persons in the context of international migration
27. Manage borders in an integrated, secure and coordinated manner
28. Strengthen certainty and predictability in migration procedures for appropriate screening, assessment and referral
29. Use migration detention only as a measure of last resort and work towards alternatives
30. Enhance consular protection, assistance and cooperation throughout the migration cycle
31. Provide access to basic services for migrants
32. Empower migrants and societies to realize full inclusion and social cohesion
33. Eliminate all forms of discrimination and promote evidence-based public discourse to shape perceptions of migration
34. Invest in skills development and facilitate mutual recognition of skills, qualifications and competences
35. Create conditions for migrants and diasporas to fully contribute to sustainable development in all countries
36. Promote faster, safer and cheaper transfer of remittances and foster financial inclusion of migrants
37. Cooperate in facilitating safe and dignified return and readmission, as well as sustainable reintegration
38. Establish mechanisms for the portability of social security entitlements and earned benefits
39. Strengthen international cooperation and global partnerships for safe, orderly and regular migration
40. For the effective implementation of the Global Compact, we require concerted efforts at the global, regional, national and local levels, including a coherent United Nations system.
41. We commit to fulfil the objectives and commitments outlined in the Global Compact, in line with our vision and guiding principles, by taking effective steps at all levels to facilitate safe, orderly and regular migration at all stages. We will implement the Global Compact, within our own countries and at the regional and global levels, taking into account different national realities, capacities and levels of development, and respecting national policies and priorities. We reaffirm our commitment to international law and emphasize that the Global Compact is to be implemented in a manner that is consistent with our rights and obligations under international law.
42. We will implement the Global Compact through enhanced bilateral, regional and multilateral cooperation and a revitalized global partnership in a spirit of solidarity. We will continue building on existing mechanisms, platforms and frameworks to address migration in all its dimensions. Recognizing the centrality of international cooperation for the effective fulfilment of the objectives and commitments, we will strive to reinforce our engagement in North-South, South-South and triangular cooperation and assistance. Our cooperation efforts in this regard will be aligned with the 2030 Agenda for Sustainable Development and the Addis Ababa Action Agenda.
43. We decide to establish a capacity-building mechanism in the United Nations, building upon existing initiatives, that supports efforts of Member States to implement the Global Compact. It allows Member States, the United Nations and other relevant stakeholders, including the private sector and philanthropic foundations, to contribute technical, financial and human resources on a voluntary basis in order to strengthen capacities and foster multi-partner cooperation. The capacity-building mechanism will consist of:
(a) A connection hub that facilitates demand-driven, tailor-made and integrated solutions, by:
(i) Advising on, assessing and processing country requests for the development of solutions;
(ii) Identifying main implementing partners within and outside of the United Nations system, in line with their comparative advantages and operational capacities;
(iii) Connecting the request to similar initiatives and solutions for peer-to-peer exchange and potential replication, where existing and relevant;
(iv) Ensuring effective set-up for multi-agency and multi-stakeholder implementation;
(v) Identifying funding opportunities, including by initiating the start-up fund;
(b) A start-up fund for initial financing to realize project-oriented solutions, by:
(i) Providing seed funding, where needed, to jump-start a specific project;
(ii) Complementing other funding sources;
(iii) Receiving voluntary financial contributions by Member States, the United Nations, international financial institutions and other stakeholders, including the private sector and philanthropic foundations;
(c) A global knowledge platform as an online open data source, by:
(i) Serving as a repository of existing evidence, practices and initiatives;
(ii) Facilitating the accessibility of knowledge and sharing of solutions;
(iii) Building on the Global Forum on Migration and Development Platform for Partnerships and other relevant sources.
44. We will implement the Global Compact in cooperation and partnership with migrants, civil society, migrant and diaspora organizations, faith-based organizations, local authorities and communities, the private sector, trade unions, parliamentarians, national human rights institutions, the International Red Cross and Red Crescent Movement, academia, the media and other relevant stakeholders.
45. We welcome the decision of the Secretary-General to establish a United Nations network on migration to ensure effective and coherent system-wide support for implementation, including the capacity-building mechanism, as well as follow-up and review of the Global Compact, in response to the needs of Member States. In this regard, we note that:
(a) IOM will serve as the coordinator and secretariat of the network;
(b) The network will fully draw from the technical expertise and experience of relevant entities within the United Nations system;
(c) The work of the network will be fully aligned with existing coordination mechanisms and the repositioning of the United Nations development system.
46. We request the Secretary-General, drawing on the network, to report to the General Assembly on a biennial basis on the implementation of the Global Compact, the activities of the United Nations system in this regard, as well as the functioning of the institutional arrangements.
47. Further recognizing the important role of State-led processes and platforms at the global and regional levels in advancing the international dialogue on migration, we invite the Global Forum on Migration and Development, regional consultative processes and other global, regional and subregional forums to provide platforms to exchange experiences on the implementation of the Global Compact, share good practices on policies and cooperation, promote innovative approaches, and foster multi-stakeholder partnerships around specific policy issues.
48. We will review the progress made at the local, national, regional and global levels in implementing the Global Compact in the framework of the United Nations through a State-led approach and with the participation of all relevant stakeholders. For follow-up and review, we agree on intergovernmental measures that will assist us in fulfilling our objectives and commitments.
49. Considering that international migration requires a forum at the global level through which Member States can review the implementation progress and guide the direction of the work of the United Nations, we decide that:
(a) The High-level Dialogue on International Migration and Development, currently scheduled to take place every fourth session of the General Assembly, shall be repurposed and renamed “International Migration Review Forum”;
(b) The International Migration Review Forum shall serve as the primary intergovernmental global platform for Member States to discuss and share progress on the implementation of all aspects of the Global Compact, including as it relates to the 2030 Agenda for Sustainable Development, and with the participation of all relevant stakeholders;
(c) The International Migration Review Forum shall take place every four years beginning in 2022;
(d) The International Migration Review Forum shall discuss the implementation of the Global Compact at the local, national, regional and global levels, as well as allow for interaction with other relevant stakeholders with a view to building upon accomplishments and identifying opportunities for further cooperation;
(e) Each edition of the International Migration Review Forum will result in an intergovernmentally agreed Progress Declaration, which may be taken into consideration by the high-level political forum on sustainable development.
50. Considering that most international migration takes place within regions, we invite relevant subregional, regional and cross-regional processes, platforms and organizations, including the United Nations regional economic commissions or regional consultative processes, to review the implementation of the Global Compact within the respective regions, beginning in 2020, alternating with discussions at the global level at a four-year interval, in order to effectively inform each edition of the International Migration Review Forum, with the participation of all relevant stakeholders.
51. We invite the Global Forum on Migration and Development to provide a space for annual informal exchange on the implementation of the Global Compact, and to report the findings, best practices and innovative approaches to the International Migration Review Forum.
52. Recognizing the important contributions of State-led initiatives on international migration, we invite forums such as the IOM International Dialogue on Migration, regional consultative processes and others to contribute to the International Migration Review Forum by providing relevant data, evidence, best practices, innovative approaches and recommendations as they relate to the implementation of the Global Compact for Safe, Orderly and Regular Migration.
53. We encourage all Member States to develop, as soon as practicable, ambitious national responses for the implementation of the Global Compact, and to conduct regular and inclusive reviews of progress at the national level, such as through the voluntary elaboration and use of a national implementation plan. Such reviews should draw on contributions from all relevant stakeholders, as well as parliaments and local authorities, and serve to effectively inform the participation of Member States in the International Migration Review Forum and other relevant forums.
54. We request the President of the General Assembly to launch and conclude, in 2019, open, transparent and inclusive intergovernmental consultations to determine the precise modalities and organizational aspects of the International Migration Review Forums and articulate how the contributions of the regional reviews and other relevant processes will inform the Forums, as a means to further strengthen the overall effectiveness and consistency of the follow-up and review outlined in the Global Compact.