As the world grapples with the complexities of migration, which is increasingly recognised as a non-traditional threat to security in the National Security Strategies of countries from the United States to the Philippines[i], collective action is more needed now than ever. The first landmark inter-governmental framework on international migration, the Global Compact for Safe, Orderly and Regular Migration (hereafter GCM), adopted by the United Nations in December 2018, represents a commitment to the multilateral management and governance of migration.[ii]
Five years post-adoption, and following its first periodic review in 2022, this special report delves into a critical evaluation of the GCM's significance, milestones, and hurdles. Through a critical evaluation, it explains the varied reception of the GCM. It argues that GCM has a long way to go in balancing realpolitik and a multilateral approach to addressing migration as a policy dilemma.
I. OVERVIEW OF GCM:
The GCM is a landmark international document on migration that is borne out of a decade of initiatives at the international level on migration and development – from the UN High-level Dialogue on International Migration and Development in 2006 and 2013 to the annual Global Forum on Migration and Development (GFMD)[iii] beginning in 2007.[iv] The UNGA unanimously adopted the New York Declaration for Refugees and Migrants 2016 proposed a comprehensive framework to address voluntary migration and shifting mobility patterns.[v] The GCM became the first non-binding, state-led comprehensive framework on international migration and was adopted by the UNGA on December 19, 2018. [vi] The purpose has been to better facilitate international migration, develop an understanding of the positive contribution of migration and provide a roadmap for member states to have innovative ways to deal with migration.
It is also presented as a case for multilateralism. The former UNGA President, María Fernanda Espinosa Garcés of Ecuador, hailed the GCM as a testament to multilateral efforts, stating, “multilateralism has been strengthened today.”[vii] GCM calls for shared responsibility among nations and a comprehensive approach encompassing a whole-of-government and whole-of-society approach to regulating migration effectively.[viii] The GCM reflects a common understanding shaped out of diverse voices and respective realities. Three underlying premises have contributed to its significance and have sustained its progress. Firstly, GCM is based on mutual partnership, maintains the national sovereignty of member states, and is committed to solving contemporary challenges borne out of migration. Secondly, despite being state-led, the development and implementation process of the GCM is notable for its inclusivity, bringing together a diverse array of stakeholders—from the private sector to trade unions, civil society, lawmakers, academics, and migrants.[ix] Thirdly, the GCM incorporated a system of checks and balances. The GCM mandated the International Migration Review Forum (IMRF) to serve as a plenary to review the progress and share good practices and challenges in implementing the GCM. The Forum, scheduled to meet quadrennially, is also open to non-signatories of the GCM.
II. OBJECTIVES:
The GCM retains its significance through its aspirational objectives and versatile framework that guides member states in understanding migration and mobility dynamics. The 23 objectives of the GCM (see Fig. 1) focus on the drivers of migration, human rights of migrants, contribution of migrants and diaspora, international cooperation and governance of migration, smuggling, trafficking and contemporary slavery and irregular migration pathways. [x] Objectives focus on predictability in migration procedure, evidence-based public discourse, consular protection, management of borders, and enhancing pathways for regular migration.
FIG. 1: Global Compact for Migration (23 Objectives)[xi]
The Compact provides a flexible framework. Each State may prioritise these objectives based on national interest, relevance, and capacity. These objectives guide Member States to prioritise a human rights and migrants-centric approach to address the complexities of migration. It seeks to protect migrants from risks and enhance governance with gender and child-sensitive policies. Finally, GCM embeds migration within the broader context of sustainable development. By committing to the GCM, Member States reaffirm their commitments to achieving UN SDGs.[xii] GCM expands on its understanding that migration is a multidimensional reality that has significant implications for the sustainable development of the nations of origin, transit, and destination and that calls for well-thought-out solutions.[xiii]
III. POSITIONS OF UN MEMBER STATES:
Adopting the Compact led to discussions within and outside parliaments, especially in migrant-receiving states.[xiv] Of the 193 member states in the UNGA, 152 countries voted in favour, and 12 countries abstained, including Switzerland, Algeria, Australia, Austria, Bulgaria, Chile, Italy, Latvia, Libya, Liechtenstein, Romania, and Singapore. Five countries that voted against it include the USA, Poland, Israel, Hungary, and the Czech Republic.[xv]
The countries that abstained from the vote argued that the GCM lacks a clear differentiation between regular and irregular migration. Countries like Bulgaria, which abstained from voting for the GCM, recognise the benefits of the Compact but have concerns over proposed visa liberalisation (Objective 5), which will lead to less control over the flow of migrants. The proposed visa liberalisation advocates for flexible pathways for regular migration through schemes, including labour mobility cooperation frameworks.[xvi]
Arguments made by countries that voted against include concern over a potential breach of sovereignty through the Compact’s overlapping Objectives. In 2017, the U.S. government opted out of negotiations for the GCM, citing a misalignment with its immigration principles and concerns over a potential compromise of sovereignty.[xvii] The official statement by the American government notes that “the Compact and the process that led to its adoption, including the New York Declaration, represent an effort by the United Nations to advance global governance at the expense of the sovereign right of States to manage their immigration systems in accordance with their national laws, policies, and interests.”[xviii] Another key destination country, Poland, rejected the Compact over issues with the detention criteria (Objective 13), which says that immigration detention should only be used as a last resort if all other alternatives fail. This does not align well with Poland’s national interests. According to a statement released by the Ministry of Internal Affairs, “the agreement is contrary to the priorities of the Polish government, which are the security of Polish citizens and the maintenance of control over migration flow.[xix][xx]
On the other hand, there was overwhelming support from countries that disagreed with the above arguments and recognised the positive contribution of migration and the need for a shared responsibility. The vast majority of countries in favour, including India, the United Kingdom, Russia, China, Japan, the United Kingdom, the Philippines, UAE, Nigeria and South Africa, have reaffirmed support for the Global Compact and added that the Compact addresses the causes of migration-related challenges.
For instance, the United Kingdom's written statements in support of the GCM noted that “the GCM would enhance international co-operation to “tackle uncontrolled migration” whilst “reaffirming the sovereign right of all countries to control their borders”. [xxi] The statement also addressed that “while the GCM emphasises that migrants are entitled to the same universal human rights as any other person, it “does not create any new ‘rights’ for migrants”. The Compact, therefore, was not in dissonance with the UK Government's domestic policies or raised concerns over compromised sovereignty. China’s delegate at the adoption of the Compact remarked that “China welcomes the reaffirmation in the Compact the purposes and principles of the UN Charter and the clear inclusion of the principle of respect for national sovereignty as a guiding principle…. Countries should, per their domestic laws, relevant international law and humanitarian principles, properly address the issue of irregular migration and bolster cross-border law enforcement and security cooperation against smuggling and human trafficking. Since migrants and refugees fall under different legal categories, the non-refoulement principle should not be applied to migration issues.” The adoption of the Compact by China, a major migrant-sending country, also signifies the Compact’s holistic vision of international migration.
IV. REVIEW OF THE IMPLEMENTATION AND PROGRESS:
Five years on, the progress and impact of the GCM have garnered mixed responses. Regional Reviews and reports submitted by the Secretary-General to the UNGA regarding the progress of the Compact laid the groundwork for the first International Migration Review Forum (IMRF). The IMRF, constituted by the GCM, conducted the first comprehensive review from May 17 to 20, 2022. The IMRF concluded with the UNGA’s unanimous adoption of the Progress Declaration.[xxii]
These Regional Reviews and the Progress Declaration highlighted key achievements and challenges that affected the implementation of the Compact.
On the positive side, a key milestone includes Member States’ adoption of the GCM by making migration and mobility a cross-cutting subject in their national development plans. A key example is the inclusion of the principles and philosophy of the GCM through National Implementation Programs as recommended in the GCM. For instance, Germany in 2018, formulated their respective National Action Plan on Integration, focusing on social cohesion.[xxiii] Bangladesh also included migration as an integral component of their national development plan under their Seventh Five Year Plan (FY 2016—FY 2020), fulfilling Objectives 1, 22, 14, and 15 of the GCM.[xxiv]
Secondly, there has been notable progress in regional initiatives to develop credible data sources on migration (Objective 1). The African Migration Observatory (AMO), set up in July 2018 by the African Union at the African Union Summit of Heads of States and Government held in Nouakchott, Mauritania, reaffirmed the commitment to utilising accurate and disaggregated data for evidence-based policies. AMO aims to collect data and develop information on migration within Africa, implement migration policies per the AU Migration Policy Framework for Africa (MPFA) and their harmonisation throughout Africa, and interact with partners abroad.[xxv]
Thirdly, in order to provide Member States with efficient, prompt, and well-coordinated system-wide support to implement the GCM, the UN created a United Nations Network on Migration in 2018. The Network will prioritise the rights and welfare of migrants as well as the communities in which they are arriving, leaving, and transiting in the course of executing its mandate. In this regard, there have been notable achievements of the United Nations Network on Migration that have added to the progress of the GCM.
It constituted two capacity-building mechanisms [xxvi]:
These initiatives have helped disseminate information and exchange good migration governance. However, despite these achievements, the following challenges have been noted. The IMRF Progress Declaration recognises the uneven pace of implementation, with more proactive initiatives undertaken by some countries and lukewarm responses by other Member States compounded by COVID-19's unprecedented impact and potential gaps from resource limitations, national capacity, and coordination shortfalls.[xxix]
Scholarly assessment of the GCM has pointed out the need for more credible data sources on migration.[xxx] Quantitative data on migration are essential to provide a clear overview. However, these need to be supplemented with qualitative data to understand better the opportunities, challenges, and psychosocial impacts on migrants in transit. Firstly, increasing the scope and funding of the Migration Multi-Partner Trust Fund (M-MPTF) that supports need-based pilot projects in Member States can drive more ground-level impact of the Compact. The Progress Declaration notes that the funding of M-MPTF has been insufficient to meet the strong demand from member states and other stakeholders to execute pilot projects.[xxxi] The target of raising $70 million by 2022 could not be met.[xxxii] Only 22 stakeholders are currently contributing (see Fig. 2). While not a signatory to the GCM, the US is the fourth largest contributor to the Fund. Ensuring that more member-states contribute to the M-MPTF will ensure the even implementation and progress of GCM. It will inculcate the spirit of shared responsibility and support the whole-of-society approach outlined in the GCM’s guiding principles. Secondly, the UN Migration Network Hub which is a virtual space for Member States to access and share information on good practices. It could be developed further to include ethnographic accounts that highlight the lived experiences of migrants.
FIG. 2: Contributors to the Migration Multi-Partner Trust Fund (Migration MPTF)[xxxiii]
Finally, academic assessment of the GCM accounts that despite being seen by many as a significant advancement, providing a practical framework for managing global migration, the Global Compact for Migration is an overly idealistic and apolitical narrative that obscures the complex issues surrounding migration politics.[xxxiv] According to Pécoud, A. (2021), the inherent depoliticised language of the GCM ‘hides the dilemmas raised by migration politics’ and brings out a hierarchical structure driven by geopolitics.[xxxv] He adds that the spirit of multilateralism embodied by the GCM focuses on cooperation on ‘how’ to govern migration but doesn’t elaborate on ‘what’ should be done.[xxxvi]
V. INDIA’S POSITION:
For India, signing the GCM is a defining moment for its migration policy discourse. It has not ratified notable UN-led Conventions on migration, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. As a major migrant origin, transit and destination country, a commitment to the GCM will leverage India’s position in the global migration framework.
Throughout the development stages of the GCM and during the latest IMRF review, India's representation consistently advocated recognising migration as a positive phenomenon and called for protecting migrants' rights abroad. India played a consistent role in refining the draft resolution of GCM. At the Intergovernmental Negotiations on the Global Compact for Migration in 2018 in New York, India’s position aligned with the Compact’s fundamental principles but stressed the need for a clear definition of migration and its related data. [xxxvii] India has urged acknowledging the historical roots of underdevelopment, advocating for collaboration in line with SDG 17 on Global Partnership for Sustainable Development. The representation highlighted the multi-directional nature of migration, challenging the oversimplified view of migration as merely from developing to developed countries and showcasing its complexity influenced by globalisation. [xxxviii] India’s successful negotiation led to the inclusion of Objective 23, which is on Global Partnerships and International Cooperation – a step further to strengthen the multilateral approach to migration governance.[xxxix]
India’s longstanding work on safe, orderly and regular migration predates the GCM. India has been a member of multilateral cooperation on migration since its inception, including the Colombo Process in 2003 and the Abu Dhabi Dialogue in 2008.[xl] Both initiatives reflect India's longstanding engagement in global cooperation and policymaking related to migration, emphasising its commitment to addressing the challenges and opportunities arising from labour mobility.
The GCM gives the flexibility to its Member States to prioritise Objectives and make plans that serve their national interest best. As Minister of State, Shri V. Muraleedharan, summarised India’s implementation strategy in the GCM review forum (IMRF) last year: “The key pillars of our migration policy are safe, secure and skilled migration.”[xli]
The key initiatives and programmes undertaken by the Indian Government include[xlii] [xliii]:
The Global Agenda on Migration can benefit from including migration and mobility as a separate theme in discussions at regional blocs. For instance, the G-20 has not established a dedicated migration and mobility working group under the Sherpa track. Including migration and mobility as separate tracks in regional groups can strengthen multilateral migration governance. Moving forward, India's strategy may involve broadening the reach of its migrant welfare policies in destination countries and focusing on skilling through a comprehensive policy approach. Integrating migration and mobility policy approaches with national development plans can also be explored. As India focuses on skilled migration and meeting labour demands in the world with its bourgeoning young population, the government may ensure policies that strengthen mobility over migration. To better understand the needs and issues of destination and origin countries arising from migration and mobility, more innovative policy options could be explored. One such policy approach, as Khadria (2013) suggests, is ‘Equitable Adversary Analysis’[xlvi] (EAA), which seeks to balance the interests and benefits among three main stakeholders involved in the migration process: the countries of origin, the destination countries, and the migrants themselves. EAA, as a policy option, promises a ‘triple win’, i.e., the migration policy involves crafting strategies and regulations that do not disproportionately favour one party over the others.[xlvii] He explains that India may work with destination countries on policies that protect the rights and welfare of Indian migrants abroad while also ensuring that this migration supports the development goals of India and fulfils the labour market needs of the host countries. This would also align with Objective 19 of the GCM which creates conditions for migrants and diasporas to fully contribute to sustainable development in all countries.
VI. CONCLUSION
This special report critically evaluates the Global Compact for Safe, Orderly and Regular Migration (GCM) adopted by the UNGA in 2018, underscoring its pivotal role in international migration discourse. The GCM, while championing multilateralism and cooperation, has been criticised as aspirational, highlighting the need for concrete policymaking and data clarity. India, as a major origin country for migrants, has actively contributed to the GCM, advocating for the rights of migrants and seeking clear definitions and data for informed policy. Despite some achievements, the GCM is urged to foster more focused policy discussions. India continues to promote a positive migration narrative and prioritises the welfare of its migrant population through various programs. The report recommends a more integrated approach through which India can leverage its influence in global migration governance, contributing to a process that ensures migration is safe, orderly, and respectful of migrants’ rights and agency, benefiting India and the international community.
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*Ambi is a Research Associate at the Centre for Migration, Mobility and Diaspora Studies (CMMDS) under the Indian Council of World Affairs (ICWA) in New Delhi.
Disclaimer: Views expressed are personal.
Endnotes
[[i]] The Indian Express (2023, November 6), India to bring in a National Security Strategy: What is it, why is it important?. Available at: https://indianexpress.com/article/explained/india-to-bring-in-a-national-security-strategy-what-is-it-why-is-it-important-9014489/ (Accessed on November 10, 2023)
[[ii]] UN Press. (2018), General Assembly Endorses First-Ever Global Compact on Migration, Urging Cooperation among Member States in Protecting Migrants. Available at: https://press.un.org/en/2018/ga12113.doc.html (Accessed on November 5, 2023)
[[iii]] GFMD - Former UN Secretary- General proposed the ideas of creating a global consultative forum on Migration and Development at the first High-Level Dialogue on International Migration and Development (HLD) held on 14-15 September 2006 during the UN General Assembly.
[[iv]] GCM Development process. (2020, June 9). Migration Data Portal. Available at: https://www.migrationdataportal.org/themes/gcm-development-process (Accessed on November 10, 2023)
[[v]] Migration Data Portal. (2020, June 9). GCM Development process. Available at: https://www.migrationdataportal.org/themes/gcm-development-process (Accessed on November 10, 2023)
[[vii]] Seventy-Third United Nations General Assembly. Press Release (2018). Available at: https://press.un.org/en/2018/ga12113.doc.htm (Accessed on November 10, 2023)
[[viii]] Dworkin, A., & Gowan, R. (2019). RESCUING MULTILATERALISM. European Council on Foreign Relations. Available at: http://www.jstor.org/stable/resrep21495 (Accessed on November 10, 2023)
[[ix]] Consultation Session with Academics Held Ahead of Global Compact for Migration Continental Review for Africa. (n.d.). Available at: https://mena.iom.int/news/consultation-session-academics-held-ahead-global-compact-migration-continental-review-africa (Accessed on November 10, 2023)
[[x]] Global Compact for Migration: Data recommendations from the six thematic consultations in 2017. (2017). Migration Data Portal. Available at: https://www.migrationdataportal.org/infographic/global-compact-migration-data-recommendations-six-thematic-consultations-2017 (Accessed on November 9, 2023)
[[xii]] Migration Data Portal. (SDG). Available at: https://www.migrationdataportal.org/sdgs (Accessed on November 10, 2023)
[[xiii]] United Nations (2018) Global Compact for Safe, Orderly and Regular Migration. Available at: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://refugeesmigrants.un.org/sites/default/files/180711_final_draft_0.pdf (Accesed on November 10, 2023)
[[xiv]] Akhil, C. S. (2019). India and the Global Compact for Migration. 54(11). Available at: https://www.epw.in/journal/2019/11/commentary/india-and-global-compact-migration.html (Accessed on November 16, 2023)
[[xv]] Fella, S. (2023). The United Nations Global Compact for Migration. Available at: https://commonslibrary.parliament.uk/research-briefings/cbp-8459/ (Accessed on November 16, 2023)
[[xvi]] UN Press. (2018, December 19). General Assembly Endorses First-Ever Global Compact on Migration, Urging Cooperation among Member States in Protecting Migrants. Available at: https://press.un.org/en/2018/ga12113.doc.htm (Accessed on November 16, 2023)
[[xviii]] National Statement of the United States of America on the Adoption of the Global Compact for Safe, Orderly, and Regular Migration - United States Mission to the United Nations. (2021, February 18). United States Mission to the United Nations. Available at: https://usun.usmission.gov/national-statement-of-the-united-states-of-america-on-the-adoption-of-the-global-compact-for-safe-orderly-and-regular-migration/ (Accessed on November 16, 2023)
[xx] Polish Press Agency. (2018, November 25) Poland will not support UN pact on migration. Accessed on November 29, 2023, from https://www.pap.pl/en/news/news%2C360992%2Cpoland-will-not-support-un-pact-migration.html
[xxi] Ibid. Refer (xv)
[[xxii]]United Nations Network on Migration. (2022, August 24). Progress Declaration of the International Migration Review Forum. United Nations Network on Migration. Available at: https://migrationnetwork.un.org/resources/progress-declaration-international-migration-review-forum (Accessed on November 21, 2023)
[[xxiii]] European Commission. (n.d.). Governance of migrant integration in Germany. Available at: https://ec.europa.eu/migrant-integration/country-governance/governance-migrant-integration-germany_en (Accessed on November 15, 2023)
[[xxiv]] Human Development Research Centre. (2017) Bangladesh National Strategy and Action Plan on Migration and Development and Monitoring and Evaluation Framework. Available at: https://www.hdrc-bd.com/wp-content/uploads/2018/12/12.-IOM-National-Strategy.pdf (Accessed on November 15, 2023)
[[xxv]] Scalabrini Institute for Human Mobility in Africa. (2021). The African Observatory for Migration and Development: For the benefit of whom? Available at: https://sihma.org.za/Blog-on-the-move/the-african-observatory-for-migration-and-development-for-the-benefit-of-whom (Accessed on November 15, 2023)
[[xxvi]] United Nations Network on Migration. (2022, November 3). Migration Network Hub. Available at: https://migrationnetwork.un.org/hub (Accessed on November 21, 2023)
[[xxvii]] United Nations Network on Migration. (2023, August 9). Multi-Partner Trust Fund for Safe, Orderly and Regular Migration. United Nations Network on Migration. Available at: https://migrationnetwork.un.org/mptf (Accessed on November 21, 2023)
[[xxx]] Kraly, E. P., & Hovy, B. (2020). Data and research to inform global policy: The global compact for safe, orderly and regular migration. Comparative Migration Studies, 8(1), 11. Available at: https://doi.org/10.1186/s40878-019-0166-y (Accessed on November 21, 2023
[[xxxii]] Secretary-General, U. (2021, December 27). Global Compact for Safe, Orderly and Regular Migration: report of the Secretary-General. United Nations Digital Library System. Available at: https://digitallibrary.un.org/record/3955629?ln=en (Accessed on November 21, 2023)
[[xxxiii]] United Nations Network on Migration. “Multi-Partner Trust Fund for Safe, Orderly and Regular Migration.” United Nations Network on Migration, August 9, 2023. https://migrationnetwork.un.org/mptf.
[[xxxiv]] Murphy, S. P. (2023). Hard borders and soft agreements: Evaluating governance within the Global Compact for Migration. Third World Quarterly, 44(3), 460–477. https://doi.org/10.1080/01436597.2022.2153662 (Accessed on November 21, 2023)
[[xxxv]] Pécoud, A. (2021). Narrating an ideal migration world? An analysis of the Global Compact for Safe, Orderly and Regular Migration. Third World Quarterly, 42(1), 16–33. https://doi.org/10.1080/01436597.2020.1768065 (Accessed on November 21, 2023)
[xxxvii] Permanent Mission of India to the UN, New York. (2018, February 20). India, Mission Statement. https://www.pminewyork.gov.in/IndiaatUNGA?id=MzY2MQ,, (Accessed on November 21, 2023)
[[xxxix]] Permanent Mission of India to the UN, New York. (2018, June 4). India, Mission Statement. https://www.pminewyork.gov.in/IndiaatUNGA?id=MzY2MQ,, (Accessed on November 21, 2023)
[[xl]] Ministry of External Affairs India. (n.d.). MEA | Multilateral Co-operation. Available on 20 November 2023, from https://www.mea.gov.in/multilateral-co-operation.htm (Accessed on November 21, 2023)
[[xli]] International Migration Review Forum 2022 (2022, May 22). India, Mission Statement. United Nations Migration Network. Available at November 14, 2023, from https://migrationnetwork.un.org/system/files/docs/India%20Plenary%20statement.pdf (Accessed on November 21, 2023)
[[xliii]] International Migration Review Forum 2022 (2022, May 22). India, Official Statement. United Nations Migration Network. Available on November 14, 2023, from https://migrationnetwork.un.org/system/files/docs/India.pdf (Accessed on November 21, 2023)
[xliv] Press Information Bureau. (2023). English rendering of PM’s address at the 37th National Games in Goa. https://pib.gov.in/pib.gov.in/Pressreleaseshare.aspx?PRID=1971735 (Accessed on November 21, 2023)
[[xlv]] Singh, Dr. Surabhi (2023, March 15). “Expanding Horizons of Mobility- the New Age Migration Agreements of India - Indian Council of World Affairs (Government of India).” Indian Council of World Affairs, March 15, 2023. (Accessed on November 29, 2023)/show_content.php?lang=1&level=3&ls_id=9177&lid=5959.
[[xlvi]] Equitable Adversary Analysis (EEA) – an approach to come up with new innovative ideas and policies and mitigate differences in migration by looking at problems from the other State’s perspective and resolving issues with mutual empathy. The word “Adversary”, in this context, is likely used to denote different stakeholders (origin, destination and migrants themselves) with distinct, and sometimes competing, interests: Khadria, B., Thakur, N., Nicolas, I., Lee, T., Yang, J., & Jang, Y. (2019). The UN Global Compact for Safe, Orderly and Regular Migration: Its Impact on Asia. International Migration, 57(6), 286–302. https://doi.org/10.1111/imig.12654
[[xlvii]] India Centre for Migration. (2013). CARIM India - India-EU Migration and Mobility: Prospects and Challenges. In Indian Council of World Affairs. Available at November 15, 2023, from https://icwa.in/pdfs/Untitled12.pdf (Accessed on November 21, 2023)https://icwa.in/pdfs/Untitled12.pd