Existing and emerging international frameworks for migrants’ rights Christian Wolff, ACT Alliance CEC-CCME Summer School on Human Rights ‘Rights Under Threat - Stand up for Refugees’ and Migrants’ Rights’ 2.6 July 2017 – Palermo, Italy

Definitions & numbers A migrant is a person “outside his or her country of birth” 244 million worldwide, about half are labour migrants About 3% of the world’s population – growth in overall numbers but not in percentages Most international migration occurs within and between countries in the Global South International migration is dwarfed by internal migration Many migrants move regularly, are well integrated, contribute to host and home societies Problems occur primarily for those fleeing conflict, as well as for labour migrants in semi- and lower-skilled sectors, many of whom face exploitation and abuse These issues have been brought into more recently through the growth of mixed movements

International instruments “There is no international framework governing migration” – not quite: Several instruments protect the human rights of all, including migrants: UDHR ICCPR ICESCR CEDAW CRC CERD

International instruments ii Several other instruments and mechanisms more specifically address the concerns of migrants: International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families(1990) – implementation through Committee on Migrant Workers (CMW): 50 ratifications ILO Conventions - adoption at ILC, monitoring through ILO complaints procedures: 97 (Migration for Employment, 1949): 49 ratifications 143 (Migrant Workers – Supplementary Provisions, 1975): 23 ratifications 189 (Decent Work for Domestic Workers, 2011): 24 ratifications UN Special Rapporteur on the Human Rights of Migrants – reports to HRC Global Forum on Migration and Development (GFMD) – annual, state-led, non- binding process (GCIM, HLD)

Global compact on safe, orderly and regular migration New York Summit on large movement of refugees and migrants & adoption of New York Declaration, Sep 2016 2-year process for adoption of separate Global Compacts on Refugees and on Migrants Current consultation process split into themes and regions Expected adoption at the end of 2018 through an intergovernmental conference Many uncertainties about scope, nature, impact

Global compact: issues Expected Format: between binding and non-binding / global approaches vs mini- multilateralism / RCPs Linkages with 2030 Agenda for Sustainable Development Basic problems with the ‘migration management’ approach Returns, readmission and reintegration – highly controversial between states & CS, and between sending and receiving states Legal / regular pathways – to what extent will states be prepared to commit across a wider spectrum of sectors? ‘Drivers’ of migration – to what extent will the GC be able to set useful & implementable goals for addressing issues like climate change, conflict, and poverty – and/or, how will this be linked to other existing frameworks (Paris; Sendai) Implementation