Discussion Spaces

Florence Kim 

Drawing on existing summaries of the wealth of information available (for example regional review outcomes, round table background notes, summaries of IMRF dialogues, inputs from stakeholders) can provide guidance on progress evaluation using language that is relatively concise, representative of key issues, member States and stakeholders, and covering all objectives.

Florence Kim 

We could create a dashboard illustrating the evaluation per country as well as a ranking of the countries/ champions.

The detailed progress report could be annexed to the main report.

Florence Kim 

The global consequences of the COVID-19 pandemic have once again demonstrated the vital role migrants’ investments and remittances play for the wellbeing of hundreds of millions of families back home, who otherwise would have struggled to survive the current health and economic crisis.

Still, migrants’ economic contribution to development, in particular through the remittances they send and the investment they make, risk to remain a secondary priority in the international agenda, in the discussions at IMRF and in the progress declaration, if not sufficiently addressed and fostered.

The SDG target 10.c on remittance cost reduction by 2030 is far from being achieved. Objective 20 of the GCM provides a sound set of actionable measures but needs increased efforts to be adequately implemented.

We would therefore warmly welcome that sufficient attention is given in the progress declaration to the role of migrants as key agents for development.

Reflecting on possible recommendations I would like to refer to two main processes that took place recently and suggest to take advantage of the work already done in these contexts:

1. The Remittance Community Task Force (RCTF), which in its blueprint for action came out with a set of very detailed proposed actions for both governments, regulators and the industry to support remittances. The work of the Task Force was the basis for the discussions on remittances at the G20 GPFI last year and at the Financing for Development Initiatives in the Era of Covid-19 and Beyond
2. The last Global Forum on Remittances, Investment and Development, held virtually on June 2021 in the occasion of the bbservance of the International Day of Family Remittances (GFRID), which gathered over 600 global practitioners and experts in the field of remittances, and came out with a set of recommendations to achieve SDG 10.c and facilitate access and use of remittances while promoting financial inclusion. Both processes are promoted in GCM objective 20 as key platforms for discussions on how to improve the remittances ecosystem (GFRID2021 proceedings)

More can be done to promote the full inclusion of migrants. In this regard, and while acknowledging that migrants still struggle to gain access to basic services, the significant role of education is often underplayed or undocumented. States must put education at the forefront of migrant inclusion and recovery policy in order to meet the objectives of the GCM.

As States and stakeholders are encouraged to pledge concrete actions for the implementation of the Compact, ahead of the International Migration Review Forum, systematic and participatory review mechanisms should be in place to ensure that these promote the human rights of migrants, and in particular the right to quality inclusive education.

In the context of their pledges and efforts to implement the GCM, Education International urges governments to systematically assess the impact of the full/partial closures of schools on the most vulnerable students, teachers, and education support personnel, including those with a migrant background/status, and urgently address the key equity issues that have been aggravated by the pandemic.

Education International call for diverse actors to “engage together in dialogue and analysis and inculcate cooperation and partnerships to act in solidarity with and for all people, as part of the collective work to realize the benefits of migration for all.” Trade unions are critical actors in understanding the needs of all workers, and must not be left out of policy decisions, particularly around fulfilling the labour rights of migrants.

A lack of immediate action on migrant inclusion in quality education systems and decent work condemns millions to a lifetime of hardship. National governments and the international community have a legal and moral obligation to all migrants. Immediate action is imperative.

Solidarity Center works closely with the Council of Global Unions, and is a member of the Women in Migration Network, Global Coalition on Migration, and the Civil Society Action Committee. With these coalition partners and together with our hundreds of labor partners around the world at this moment of drafting the Global Compact declaration, we are saying (emphatically) that it is time for coherence in migration governance. Regular pathways must be developed hand in hand with regularization of the undocumented, climate change responses, and humanitarian needs. The labor movement is calling for a new approach to migration that centers long-term regular pathways around the human rights of migrants, breaking down the artificial separation between refugee/asylum-seekers on the one hand and migrants on the other. All people on the move have rights and should have regular pathways, regardless of the incoherent categories created by migration systems. In their efforts to promote regular pathways, states should focus on restoring and expanding humanitarian resettlement options, rather than misdirecting desperate migrants into flawed and abusive temporary labor programs. And decent work must be the driving principle for development - with an emphasis on the creation of decent work in origin countries so that migration is a choice and not an economic necessity - and ensuring that all regular pathways meet decent work criteria so that workers and their families that move across borders do so with full respect of their agency and humanity.

Strategies enacted in response to the Global Compact must protect and empower workers in origin, transit and destination countries, and produce positive labor market outcomes for all working people, regardless of race, gender, or immigration status. In order to effectively integrate a worker rights lens into policy frameworks, workers need and expect a seat at the table as these policies are being developed and implemented. We have had enough of siloed, ineffective tweaks to an unjust migration system, and instead call for policy coherence that incorporates migration governance into broader economic, social, racial and gender justice initiatives. The global labor movement's call for a new social contract is an excellent frame for this.

We must recognize that a worker is a worker is a worker. All workers, regardless of their migration status, whether the are in the informal or formal economy, identify as male or female, are Black or brown, are identified as asylum seekers or refugees, climate migrants, economic migrants or a mix of all of the above, must be treated the same under the protection of labor laws, and in particular we must move beyond the flawed language in the global compact and instead adhere to the ILO principle that ALL workers have the freedom of association, right to organize and collectively bargain. Workers agency to have a say in migration processes and their wages and working conditions must be recognized fully and without condition. And states must eliminate the use of temporary (circular, sponsorship, or guest-worker) labor migration programs that systematically and structurally expose migrant workers to exploitation by recruiters, employers and others. Temporary migration programs should not be used as a solution to labor shortages, humanitarian crisis, climate change, or irregular migration.

Given that serious humanitarian concerns gave rise to the GCM, and the serious humanitarian crisis we currently face globally, implementation strategies should prioritize regularization schemes and rights-based channels—which allow migrants the freedom to move, settle, work, and fully participate in civic life—over expanding temporary work programs. States should promote regular migration pathways that ensure full worker rights, facilitate social and family cohesion, and provide options for permanent residence.

Florence Kim 

Equality of treatment is a key issue for the Progress Declaration. The COVID-19 pandemic exposed the major inequalities of treatment faced by migrant workers and members of their families caused by weaknesses in labour migration governance. To prevent a recurrence of this scenario, the Progress Declaration could call for migrants and returnees at all skills levels to be fully-integrated in the recovery with equality of treatment in law and practice, access to social protection and justice, enabling them to be both beneficiaries and agents of recovery.

A renewed push for international labour standards-based international labour migration governance which centres on decent work and social protection for all, regardless of migration status, will be critical to achieving this inclusive recovery.

Labour migration remains the most important migration flow in the world. 70 per cent of all migrants of working age are migrant workers. The GCM rests on the ILO Conventions on decent work and migrant workers.

Rights-based solutions empower all migrant workers, and enable them to contribute to sustainable development. They are needed across policy domains as varied as ensuring safe and regular pathways for labour migration; fair recruitment; decent work, including for migrant workers in irregular situations; social protection; eradicating trafficking in persons by ending forced labour; skill development of migrant workers; and ensuring sustainable reintegration of returning migrants.

Freedom of association for migrant workers is a critical enabler of progress. So, too, is a strong voice for businesses which have been deeply negatively affected by the pandemic’s impacts, and who are best-placed to identify skills needs going forward. Therefore, social dialogue, recognizing that employers’ and workers’ organizations are essential to developing and implementing solutions, is essential to develop appropriate solutions.

Finally, experience on the ground and consultations have shown that addressing climate change-related migration is critical, and will become more so in the coming years. Integrating the guidance emerging from the UNFCCC Task Force on Displacement and the Platform for Disaster Displacement and linking it to the GCM, could be a key contribution of the Progress Declaration to strengthening the response to this challenge.

Florence Kim 

Florence Kim 

One of the key challenges for migrant workers is on freely exercising their rights to join unions for collective bargaining and systemic wage theft.  The Member States of GCM must ensure that this right is fully guaranteed through enforceable policies and programmes with strong participation of trade unions as social partner.  The pervasiveness of wage theft must be mitigated. This calls on for New Social Contract. 

While business is steadily rebounding, businesses should not continue the old ways on stepping on the backs of workers who are still struggling with the impact of the pandemic.

1. Work towards the creation of a New Social Contract for Migrant Workers between governments, workers and employers. This New Social Contract should include a universal guarantee for all workers, regardless of nationality, sector or status, that all labor rights are to be respected and universally applied, particularly the freedom of association, right to join unions and bargain collectively, that jobs are decent, social protection is universal, due diligence and accountability are driving business operations, and that social dialogue ensures just transition measures for climate and technology. 

2. Strict adherence to all international labor standards and rights as enumerated in International Labor Organization (ILO) conventions and principles for all workers, regardless of status. Recognizing workers agency, the freedom of association, right to organize and join unions and bargain collectively for decent work, the right to strike, and protections from the worst forms of child labor, should be guaranteed for all workers regardless of their migration status or sector, and should be built into all regular pathways. Migrant workers right to safe workplaces and occupational safety and health should be respected regardless of their status or work sector. 

3. In close collaboration with civil society and trade unions, establish formal in-country and cross-border mechanisms for access to justice, regardless of status, including for wage theft and other failure to pay or transfer earned benefits. 

4. Bring all workers, especially agriculture and domestic workers, under full coverage of national labor laws and protections that are consistent with international labor standards, including ILO Domestic Workers Convention (C189), ILO Violence and Harassment Convention (C190), and ILO Worst Forms of Child Labor Convention (C182), without discrimination against migrants among them. 

5. Establish social protection for all migrant workers, and for migrants who return to countries of origin (portability of social protections) and with immediate health coverage upon return. 

6. Eliminate the use of temporary (circular, sponsorship, or guest-worker) labor migration programs that systematically and structurally expose migrant workers to exploitation by recruiters, employers and others. Temporary migration programs should not be used as a solution to labor shortages, humanitarian crisis, climate change, or irregular migration.

One of the key challenges for migrant workers is on freely exercising their rights to join unions for collective bargaining and systemic wage theft.  The Member States of GCM must ensure that this right is fully guaranteed through enforceable policies and programmes with strong participation of trade unions as social partner.  The pervasiveness of wage theft must be mitigated. This calls on for New Social Contract. 

While business is steadily rebounding, businesses should not continue the old ways on stepping on the backs of workers who are still struggling with the impact of the pandemic.

1. Work towards the creation of a New Social Contract for Migrant Workers between governments, workers and employers. This New Social Contract should include a universal guarantee for all workers, regardless of nationality, sector or status, that all labor rights are to be respected and universally applied, particularly the freedom of association, right to join unions and bargain collectively, that jobs are decent, social protection is universal, due diligence and accountability are driving business operations, and that social dialogue ensures just transition measures for climate and technology. 

2. Strict adherence to all international labor standards and rights as enumerated in International Labor Organization (ILO) conventions and principles for all workers, regardless of status. Recognizing workers agency, the freedom of association, right to organize and join unions and bargain collectively for decent work, the right to strike, and protections from the worst forms of child labor, should be guaranteed for all workers regardless of their migration status or sector, and should be built into all regular pathways. Migrant workers right to safe workplaces and occupational safety and health should be respected regardless of their status or work sector. 

3. In close collaboration with civil society and trade unions, establish formal in-country and cross-border mechanisms for access to justice, regardless of status, including for wage theft and other failure to pay or transfer earned benefits. 

4. Bring all workers, especially agriculture and domestic workers, under full coverage of national labor laws and protections that are consistent with international labor standards, including ILO Domestic Workers Convention (C189), ILO Violence and Harassment Convention (C190), and ILO Worst Forms of Child Labor Convention (C182), without discrimination against migrants among them. 

5. Establish social protection for all migrant workers, and for migrants who return to countries of origin (portability of social protections) and with immediate health coverage upon return. 

6. Eliminate the use of temporary (circular, sponsorship, or guest-worker) labor migration programs that systematically and structurally expose migrant workers to exploitation by recruiters, employers and others. Temporary migration programs should not be used as a solution to labor shortages, humanitarian crisis, climate change, or irregular migration.

One of the key challenges for migrant workers is on freely exercising their rights to join unions for collective bargaining and systemic wage theft.  The Member States of GCM must ensure that this right is fully guaranteed through enforceable policies and programmes with strong participation of trade unions as social partner.  The pervasiveness of wage theft must be mitigated. This calls on for New Social Contract. 

While business is steadily rebounding, businesses should not continue the old ways on stepping on the backs of workers who are still struggling with the impact of the pandemic.

1. Work towards the creation of a New Social Contract for Migrant Workers between governments, workers and employers. This New Social Contract should include a universal guarantee for all workers, regardless of nationality, sector or status, that all labor rights are to be respected and universally applied, particularly the freedom of association, right to join unions and bargain collectively, that jobs are decent, social protection is universal, due diligence and accountability are driving business operations, and that social dialogue ensures just transition measures for climate and technology. 

2. Strict adherence to all international labor standards and rights as enumerated in International Labor Organization (ILO) conventions and principles for all workers, regardless of status. Recognizing workers agency, the freedom of association, right to organize and join unions and bargain collectively for decent work, the right to strike, and protections from the worst forms of child labor, should be guaranteed for all workers regardless of their migration status or sector, and should be built into all regular pathways. Migrant workers right to safe workplaces and occupational safety and health should be respected regardless of their status or work sector. 

3. In close collaboration with civil society and trade unions, establish formal in-country and cross-border mechanisms for access to justice, regardless of status, including for wage theft and other failure to pay or transfer earned benefits. 

4. Bring all workers, especially agriculture and domestic workers, under full coverage of national labor laws and protections that are consistent with international labor standards, including ILO Domestic Workers Convention (C189), ILO Violence and Harassment Convention (C190), and ILO Worst Forms of Child Labor Convention (C182), without discrimination against migrants among them. 

5. Establish social protection for all migrant workers, and for migrants who return to countries of origin (portability of social protections) and with immediate health coverage upon return. 

6. Eliminate the use of temporary (circular, sponsorship, or guest-worker) labor migration programs that systematically and structurally expose migrant workers to exploitation by recruiters, employers and others. Temporary migration programs should not be used as a solution to labor shortages, humanitarian crisis, climate change, or irregular migration.

Florence Kim 

There are one billion people without legal identification. Objective 4 has not been implemented by many countries, not even for their own nationals.

The United Nations has supported the development of digital ID for refugees in Myanmar, for example. Why is the same type of solutions not implemented for refugees without legal identification in Latin America?

Why can only countries like Costa Rica issue 2'000 travel documents for foreigners financed by third parties so that Venezuelans with expired passports can access basic services that allow them to exercise their human rights? Why is this document or passport not offered by other countries in Latin America?

Why only Colombia was supported to create the Registry for the issuance of biometric document for Venezuelan beneficiaries of the temporary status?

Why only a country like Uruguay issues passports to its resident citizens that does not grant nationality, but clearly identifies the person? Couldn't this type of documents be issued by other Latin American countries?

Why countries that have signed the Geneva Conventions of 1954 (Refugees) and of 1961 (stateless) do not issue travel documents to refugees with expired passports or without legal identification and issues a travel document to "de facto stateless children" born in their territory, who are not registered because their parents are irregular migrants or do not have legal identity documents?

Why the International Red Cross does not issue humanitarian passports to refugees without legal identity documents?

Why are these many possible solutions for the issuance of an identity document not implemented? Why can't those who for reasons beyond their control do not have a national passport or legal identity document receive a travel document from the state where they reside?

Why is self-sovereign digital identity not researched further? Side events or working groups on this issue with identity experts, security experts, etc. should become part of the activities of the GCM implementation review events.

Have UNHCR and IOM though about implementing a solution to support states to comply with their duty established under objective 4?  

Florence Kim 

The main challenge for diaspora and migrant organisations is the recognition, visibility and support of their contribution to origin/destination countries.

Lean, efficient and swift, they constitute a network of development agents who are the first to send humanitarian assistance and who are present in fragile areas where even INGOs cannot operate anymore. Their results are sustainable as their actions rely on strategic partnerships with the local authorities and local NGOs.

Financing diaspora activities would significantly tackle the raise of poverty in Africa we see since the COVID pandemics.

However, less than 0.1% of development aid is channeled to diaspora development projects or capacity building.

The Progress declaration should highlight that no progress has been made in financing diaspora organisations and that should become a priority as it contribute to several SDG and GCM goals, notably the the GCM2 and GCM19.

During the IMRF, ADEPT will share a study on Diaspora organisations' contribution to local development in Africa.

Florence Kim 

Dear UN Network on Migration Secretariat,

Please see in the enclosed document FAO's inputs (in track and change) to the IMRF Progress Declaration zero draft.

Respectfully,

Ion Bulgac, Rural Migration Specialist, FAO

Florence Kim 

Member States should develop and implement bilateral labour migration agreements and regional freedom of movement agreements grounded in international labour standards and human rights, developed based on social dialogue

States should develop bilateral, regional and multi-regional social protection agreements to ensure social protection for all migrant workers, regardless of status, in line with relevant international labour standards

States should engage with and deepen dialogue cooperation with employers’ and workers’ organizations as well as recruitment agencies along migration corridors to enable coordinated action to ensure fair recruitment and decent work for migrant workers, especially ensuring zero-cost recruitment

States and stakeholders, especially the private sector and trade unions, could accelerate implementation of skills partnership approach to enable rights-based and equitable skill development and labour migration

Florence Kim

In addition to the remarks from the virtual townhall meeting, which we have posted separately , GAATW would also like to submit the following recommendations on trafficking in writing (see attached).

Thank you for your attention,

Nadia Afrin

Florence Kim 

There is a significant body of evidence that can be drawn from through the following sources:

• Regional review outcomes
• Voluntary national reviews
• The Secretary-General’s Report
• ILO Multilateral Framework on Labour Migration
• Reports submitted by stakeholders including business and trade unions
• Key resources from the UN Network on Migration (e.g. Tackling the Socio-Economic Consequences of COVID-19 on Migrants and Communities: Why Integration Matters)
• Data produced by UN agencies (e.g. UN-DESA Population Division estimates, ILO Migrant worker estimates, The migrant pay gap: Understanding wage differences between migrants and nationals)
• Publications from UN agencies on key issues (e.g. Protecting the Rights of Migrant Workers in an Irregular Situation and Addressing Irregular Labour Migration: A Compendium)

Drawing from this wealth of data can ensure that the Declaration is evidence-based

To ensure that the Declaration is action-oriented, the co-facilitators could similarly draw on practical guidance produced by agencies and the Network such as:

• UN System Guidance on Bilateral Labour Migration Agreements
• Extending Social Protection to Migrant Workers, Refugees, and their Families: Guide for Policymakers and Practitioners
• General principles and operational guidelines for fair recruitment and definition of recruitment fees and related costs, which inter alia highlight the roles and responsibilities of different actors including governments, recruiters and employers in ensuring fair recruitment

Florence Kim in anything we doing in life, if we involve the affected people is always gonna be possible and easy to find solutions I believe, let's involve and invite migrants, survivors, victims etc in Platforms like this, people like me i do my best to get this Platforms so that i will be participating and involve myself so that i can help others by telling my story as a victim/survivor of human trafficking, all we need is to be involve so that we can help in the work

Thanks

Florence Kim 

The GCM preamble confirms that the Compact rests squarely on human rights principles and highlights the importance of safeguarding the rights of all migrants, regardless of migration status. However, neither the GCM nor UN General Assembly (UNGA) Resolution 73/326, which set forth the format and the organizational aspects of the IMRF, specifies how State implementation will be evaluated for human rights compliance. By emphasizing only “that the Global Compact is to be implemented in a matter that is consistent with our rights and obligations under international law”, the GCM appears to leave open for interpretation the methods by which its objectives are to be realized. This leeway could empower States to pursue GCM objectives through actions that restrict migrant rights and civic space.

The GCM lists supportive actions that States should undertake to realize each objective. A few of these listed actions do necessitate support for civic freedoms and civic space. For example, section 22 of the GCM recommends “provid[ing] migrant workers engaged in remunerated and contractual labour with the same labour rights and protections extended to all workers in the respective sector, such as the rights to […] freedom of peaceful assembly and association . . . .” in order to realize Objective 6 (facilitate fair and ethical recruitment and safeguard conditions that ensure decent work). However, many of the GCM objectives are not supported by actions that necessarily promote human rights and, to the contrary, could be pursued in ways that are restrictive of migrant freedoms and civic space. For instance, States have already used the goal of countering migrant smuggling and trafficking (Objectives 9 and 10) as justification for cracking down on migrant-allied CSOs providing humanitarian services at the borders or at sea.

The danger inherent in an international instrument failing to specify how human rights principles will meaningfully be used to evaluate implementation is not mere speculation. A similar contest has played out over the past few decades in the field of counter-terrorism. Although UN Security Council Resolutions and other UN instruments have generally required States to ensure that any measures taken to combat terrorism comply with human rights law, they have persistently lacked “a comprehensive assessment of the human rights impact of the required measures.” As a result, States have continued to use their counter-terrorism obligations under international instruments as justification to restrict individuals’ civic freedoms and civic space. State pursuit of GCM objectives could follow a similar trajectory if a proper rights-respecting framework for evaluating implementation is not put into place at the first IMRF and in the Progress Declaration. The Progress Declaration should therefore confirm that all State action in pursuit of GCM objectives must be rights-respecting and that State implementation of each of the GCM objectives should be evaluated through human rights metrics at future IMRFs.

In addition, to effectively assess the further implementation of the Global Compact, the UN Network on Migration and General Assembly should:

1. Request that States explain how their implementation of GCM objectives protects and promotes human rights, including by safeguarding civic space and migrants’ civic freedoms.
2. In consultation with migrants and civil society, develop and incorporate human rights indicators into IMRF background notes, to be used as the basis for review of State implementation during the voluntary GCM reviews; the multi-stakeholder hearings; and the IMRF policy debates and round tables.
3. Select the importance of meaningful incorporation of human rights into GCM implementation as a theme for one of the webinars in the Dialogue series.

Florence Kim 

An inclusive system of monitoring of progress could be developed, engaging all stakeholders and the UN system through the Network at global, regional and national levels, drawing on existing indicators and voluntary reporting of key initiatives by States. The process of reporting could be centralized on the migration network hub.

Potential means of assessment include:

• Strengthened monitoring of migration-related SDG indicators (e.g. SDG indicators 8.8.1, 8.8.2, 10.7.1 etc)
• Status of ratifications of key international labour standards related to migration
• Number of bilateral and multilateral labour migration agreements based on UN System guidance entered into

Florence Kim 

We need to assess against targets, so we need to define targets/ progress indicators for each of the 23 goals

Florence Kim 

We need to assess against targets, so we need to define targets/ progress indicators for each of the 23 goals

The Office of the UN High Commissioner for Human Rights (OHCHR) appreciates that REV 1 draft responds to many of the comments provided to the Zero Draft.

To further advance an ambitious and human rights-based Progress Declaration, we would recommend the following:

• Adopt a more explicitly people-centred and human rights-based approach. In several places we have encouraged language which more explicitly adopts a people-centred approach. While the document notes well the positive contributions of migrants to countries of origin, transit and destination, it would be important to reinforce the perspective of migrants as human beings and as rights-holders, regardless of their contributions.

• Consider how to better incorporate and mainstream the GCM guiding principles throughout the text. We greatly appreciate that the GCM guiding principles are reaffirmed in the Introduction and have been strengthened in several parts of the text. We have made suggested edits considering how to better mainstream them across all sections of the document, in particular the guiding principles on people-centered, rule of law and due process, human rights, gender-responsive and child-sensitive, as these have particular international human rights law implications.

• Uphold the commitment to non-regression. It is important not to re-open the GCM negotiations and to ensure the Progress Declaration does not re-open binding international treaty instruments. In many cases the GCM guiding principles, Objectives or actions reflect existing international law obligations. Where these are discussed/re-committed to in the text, it will be important not to inadvertently backtrack these obligations (examples in the attached doc). We also suggest retaining the commitment to draw from the GCM "actions" as important elements “to realize the [GCM] commitments” in compliance with international law.

• Communicate the GCM’s overwhelmingly positive and transformative agenda on migration governance. We believe this is an important aspect of communicating that migration is a normal and overwhelmingly positive human phenomenon consistent with the GCM, the NYD and SG reports.

• Strengthen the 360-degree approach. We appreciate the steps that have already been taken to strengthen the 360-degree approach, by highlighting all 23 GCM Objectives. However, in our view there are still some GCM Objectives, or aspects of the Objectives, that would benefit from further strengthening. To this end, we have suggested language to further strengthen some Objectives (examples in the attached doc).

• Consolidate and strengthen the commitment to enhanced implementation of the GCM through concrete language, in line with the guidance of GA resolution 73/326 establishing the IMRF modalities wherein it was decided to include in the Progress Declaration “recommendations on the implementation of the Global Compact”. We suggest strengthening the text further on the development, implementation and monitoring of national implementation plans, and similarly to strengthening concrete mechanisms of follow-up and review at the global and regional levels including through committing to report progress on implementation of the GCM within the reviews of the Universal Periodic Review of the Human Rights Council.

Enclosed you will find, for your kind consideration, OHCHR's specific comments and language suggestions.

OHCHR stands ready to provide any support needed on the human rights-related elements of the Progress Declaration.

Florence Kim 

CELS (Centro de Estudios Legales y Sociales) Comments on the REV 1 Draft

We thank the co-facilitators for making this space available to submit written comments. We hope that the contributions submitted here will help to working towards an ambitious, effective and human rights based progress declaration.

Thank you

Please find attached the written inputs from the Lawyers Beyond Border (LBB) network to the Progress Declaration Rev. 1.

Thank you.

Florence Kim 

Hereby, FAO submits the inputs/suggestions to the REV1 Draft of the Progress Declaration and we remain hopeful that our contribution will be taken on board and ultimately enrich the text of the declaration with the agriculture, rural development and food security considerations.

Kind regards,

Ion Bulgac,

Rural Migration Specialist, Decent Rural Employment Team, Inclusive Rural Transformation and Gender Equality Division (ESP), Economic and Social Development Stream

Migrant Forum in Asia (MFA) is sharing its written inputs on the issue of wage theft to the first revision of the Progress Declaration that was also raised during yesterday's third Townhall meeting.

Save the Children appreciate the significant efforts and provision in Rev1 of the declaration and the increase of recognition of the rights of children in migration in this version. And we welcome the inclusion of Paras 9ter and 42bis as well as increased references to children throughout the document. 

in the spirit of collaboration and our common ambition to accelerate the implementation of the GCM in line with its guiding principle of child sensitiveness and the best interests of children,  in the below comments, we would like to highlight and recognise the parts of the document where children are more visible and offer recommendations to ensure children are at the heart of a declaration that fully reflects the child-focussed spirit of the GGM.

Please find our full recommendations of text in the attached file. 

Save the Children appreciate the significant efforts and provisions in Rev 1 of the declaration and the increased recognition of the rights of children in migration in this version. In our previous comments, we recommended the inclusion of specific paragraphs on children, and we welcome the inclusion of paras 9ter and 42bis as well as increased references to children throughout the document.

In the spirit of collaboration and our common ambition to accelerate the implementation of the GCM in line with its guiding principle of child sensitiveness and the best interests of children,  in the below comments, we would like to highlight and recognise the parts of the document where children are more visible and offer recommendations to ensure children are at the heart of a declaration that fully reflects the child-focussed spirit of the GGM.

Please find Save the Children's suggestions of text in the attached file. 

Florence Kim 

Save the children welcomes the Rev 1 Draft of the Progress Declaration and offers its comments and recommendations.

PICUM's submission (8 April 2022) on Rev 1 of the Zero Draft of the Progress Declaration concerns the following areas:

- Children in migration
- Detention
- Migrant smuggling and return
- Racism
- Labor rights, regular pathways, and regularisation
- Access to services

Florence Kim 

On behalf of the Global Unions, Public Services International respectfully submits the attached document as our input to Rev 1 of the Progress Declaration. Thank you. 

AFFORD - comments to Rev 1.

We thank the co-facilitators for making multiple spaces available for submitting comments.  Please find the attached submission for wording as it relates to the inclusion of 'diaspora' in the IMRF Progress Declaration Rev 1. 

Thank you

Proposal: add the following paragraph to the Progress Declaration:
 

56 a. We request the Secretary General to examine the possibility of preparing a global conference to negotiate  a global legal framework instrument to facilitate the procedural and administrative aspects of cooperation regarding temporary labor migration movements.

This suggestion follows up on the final Article (22) of the Resolution on Mass Migration adopted by the Institut de Droit International (https://www.idi-iil.org/en/) at its 2017 Hyderabad session, which calls on States "to negotiate a basic legal instrument, of a universal character, governing direct cooperation between States of Origin and Host States of mass migration flaws, including temporary migratory flows".

The attachment sets out the proposal in more detail. Note that it (1) focuses on temporary (including circular or repetitive) migration and (2) is strictly limited to facilitating cross-border administrative coordination and cooperation, to assist in the implementation of any (bilateral) temporary migration programs as may be agreed between States of Origin and Host States.

The Proposal focuses on temporary labor migration, because of the urgent need to enhance cooperation in this field (see reports on abuses of workers from Bangladesh etc. involved in FIFA construction work in Qatar), but lends itself also to other forms of temporary migration, e.g. for education purposes.

The proposal leaves it entirely to the sovereign policies and decision-making processes of the States to negotiate the content (criteria for admission and entry, duration of the temporary schemes, working conditions) of the temporary labor agreements. However, certain practical coordination and cooperation aspects will apply in all cases, and these aspects (only) are the subject of this proposal.

Hans van Loon, Member Institut de Droit international, Former Secretary General, Hague Conference on Private International Law 

Florence Kim UNICEF's comments on Rev1 are included in the attached file

Correction to my previous comment. I sent you as an attachment an earlier version of my proposal. Please ignore it and refer only to the attached file

Apologies, thank you very much  Hans van Loon  

We thank the co-facilitators for advancing on the Progress Declaration and in particular for the quick turnaround in producing a revised version.

Please find attached further written input on the REV 1 Draft by the Envoy of the Chair of the PDD and the PDD Secretariat.

The Building and Wood Workers' International hereby endorses and respectfully shares the input on the issue of wage theft to the first revision of the Progress Declaration, as part of the Justice for Wage Theft Campaign.

Florence Kim 

Input of the International Federation of Medical Students’ Associations (IFMSA) to the revised draft of the International Migration Review Forum 2022 Progress Declaration

Florence Kim 

Hello Ms. Florence Kim: 

Following my suggestions made verbally in the townhall meeting on 6th April to the Co-facilitators Amb Maes and Amb Fatima, here is my written submission on Rev 1 of the Progress Declaration:

1. Please add the third and the most important dimension of the mission approach at hand - the "Whole of Migrant" approach (implying all types and kinds of migrants are included) to the "Whole of Government" approach and the "Whole of Society" approach. This would also make the overall approach of IMRF a truly balanced one, ensuring that none of the people on the move - the diaspora, the refugees (despite there being the GCR), the trafficked, the smuggled, the white collar workers right up to the STEM professionals, the blue-collar workers, the minors (both accompanied and un-accompanied), the children, the youth, the women, the elderly and any other - that the various spokespersons voiced their worries about being left out - i.e., "no one is left behind" when the IMRF addresses their interests to be protected by the member states and other stakeholders over the next four years;

2. There should be a Preamble to the Progress Document, incorporating the generic terms like " Wage Theft" - elaborating what categories of deprivations and exploitation of the waged labour the IMRF would strive to eliminate or minimize, and the "Whole of Migrant" approach - what all categories of migrants and their families the IMRF would specifically take in its fold while upholding their various rights. The Preamble should highlight all such terms that would be all pervasive and crucial for the Progress Document to lay the path forward concretely for the Member States to adhere to with confidence and follow in letter and spirit, even if not binding and not treading on any state's sovereignty; 

3. A Glossary of Terms should be provided so as to incorporate various relevant meanings and operational significance when more than one interpretation of the same terminology could possibly be made, leading to deviation from the intended path;

4. The Progress Document should be of as high a quality as any other refereed or peer-reviewed publication, whether for the academia or any other learned circles, be it of the policy and law makers, judiciary or the high executive. It should be truly a Guide Book that would be cited and referred to over a time horizon and generations stretching far beyond the next four years - beyond assessment of what was aimed for and what could be achieved by 2026. Then only the noticeably growing inclusivity (of stakeholders and well as their diverse voices and views) and the collective authorship facilitated by the Co-Facilitators through the zero draft and Rev 1 would have a lasting value and a lasting impact on the Societies, the Governments and above all the Migrants.

I hope the essence of the above four suggestions would be incorporated in the finale revised draft of the Progress Document. I shall be happy to extend any assistance or editing or clarification required for the purpose.

Submitted by Professor Binod Khadria, President, Global Research Forum on Diaspora and Transnationalism (GRFDT) and former Professor, Jawaharlal Nehru University, New Delhi; Co-editor of World Migration Report 2020 (IOM) and Thematic Expert, Second Informal Thematic Debate on Drivers of Migration at UNHQ, New York in May 2017 in the run up to the signing of the GCM Agreement in Dec 2018.

I may be contacted at: bkhadria@gmail.com

Input of the International Federation of Medical Students’ Associations (IFMSA) to the revised draft of the International Migration Review Forum 2022 Progress Declaration

Florence Kim 

The Initiative for Child Rights in the Global Compacts is happy to share input on Rev 1 of the Progress Declaration. 

Many thanks for this opportunity to comment.

The Office of the UN High Commissioner for Human Rights (OHCHR) appreciates the continued commitment to ensuring the Progress Declaration enhances and builds upon the existing GCM commitments.

Enclosed you will find, for your consideration, OHCHR's comments to the REV 2 of the GCM Progress Declaration. In these, we have focused primarily on ensuring the Progress Declaration upholds the GCM's commitment to the principle of non-regression while also seeking to strengthen the important final section on recommendations to accelerate GCM implementation.

We remain available to provide technical advice on any of the human rights-related elements of the Progress Declaration.

UNICEF thanks the Co-facilitators for Rev2 of this document, with many amendments in this version that we have welcomed in the attached. Please find attached UNICEF's comments and proposals with regards to Rev2 of the Progress Declaration.

Best regards,

Melanie Teff - UNICEF

Attached please find comments on Rev 2 from the Women in Migration Network.  

Attached please find comments on Rev 2 from AFFORD.

Please find attached below the language proposal submission for REV2 of the Climate, Migration, and Displacement Platform, a global coalition of more than 30 organizations and individuals working at the intersection of climate change, migration, and displacement.

You will note that we focus our recommendations on paras 10, 21, 23, and several of the 43s.

Apologies for the delay in submission to this discussion space.

Florence Kim 

Hereby, FAO submits the inputs/suggestions to the REV2 Draft of the Progress Declaration.

Kind regards,

Ion Bulgac - FAO

UN Women would like to thank the Co-facilitators for the opportunity to provide inputs to Rev 2. Our contributions focus on further strengthening the inclusion of gender equality considerations in line with the guiding principle of gender-responsiveness. 

PICUM’s comments (22 April 2022) on Rev 2 of the Progress Declaration, cover the following areas:

• Children in migration
• Women
• Immigration detention
• Migrant smuggling
• Return policies
• Access to services
• Racism
• Labor rights

Please find attached a few inputs with regards to Rev2 of the Progress Declaration from the UN World Food Programme, with language suggested for paragraphs 23, 33 and 42-ter.

Best regards,

Cristina Benvenuti – WFP Geneva Global Office

As a member of ECOSOC and co-chair of the Bangladesh United Nations Network on Migration (BDUNNM) technical working group, Institute of Informatics and Development (IID) has always strived to bring the voice of civil society to the global arena. 

IID extends appreciation as the Progress Declaration ensures continued development based on the multiple rounds of comments and feedback.

Enclosed you will find IID's recommendations on the REV2 of the Progress Declaration

Dear colleagues,

With many thanks to the co-facilitators and their teams for the excellent work on Rev 3, UNHCR would like to submit 2 additional suggestions in relation to the distinction between migrants and refugees (in line with para. 4 of the GCM) and to strengthen the para on migrants rescued at sea.

With many thanks for your kind consideration.

Many thanks for sharing this third draft. Please find attached a few inputs from the UN World Food Programme, with language suggested for paragraphs 23, 33 and 42-ter.

Best regards,

Cristina Benvenuti – WFP Geneva Global Office

Florence Kim 

As set forth in the UN Secretary General’s report (UN Doc. No. A/76/642, sec. III(A)) and in the Civil Society Action Committee’s 12 Key Ways document, ensuring migrant inclusion and participation in the decision-making that affects them should be a priority for the IMRF because it is a crucial ingredient in ensuring safe, orderly and regular migration. The successful pursuit of GCM objectives requires migrant perspectives, which will be impossible to obtain if migrants are not invited to participate in the development, delivery, and review of policy.

Rev.1 and Rev. 2 of the Progress Declaration included strong recommendations that States commit to ensuring migrants’ right to participate in the policy-making processes. Many States have been very supportive of this participation language. El Salvador, for instance, speaking on behalf of Argentina, Bolivia, Costa Rica, Guatemala, Honduras, Mexico, Peru, Uruguay and others, welcomed the inclusion of the new paragraphs on migrant participation during 3rd round of informal consultations (2nd reading) held on 7-8 April. Portugal also commended the valuable addition of “meaningful participation.”

A commitment to meaningful migrant participation is of paramount importance for civil society. Not only was migrants’ agency and voice and civil society engagement included as two out of civil society’s 12 priorities in the 12 Key Ways platform, but the inclusion of language around participation has been widely applauded by civil society in all of the virtual Townhall Meetings.

Unfortunately, Rev. 3 edits have greatly watered-down crucial language around participation. Paragraph 38’s substitution of “discussions” for “processes” and paragraph 39bis’s substitution of “participation in” for “contribution to” weaken States’ commitment to ensuring that migrants are empowered to meaningfully influence migration-related policies. Participation merely in policy “discussions” gives no guarantee that migrants’ input will be taken into account during formal policymaking. Rather, the vague commitment only to migrant participation in “discussions” does not require States to avail migrants with a formal opportunity to contribute to the legal frameworks that affect them.

“Participation” has a meaning that has been fleshed out through various international instruments (see e.g., General Comment 25); it is understood as a broad concept requiring engagement of individuals, civil society organizations and civil society at large in decision-making processes by public authorities. Moreover, meaningful participation obliges a State to ensure that certain pre-conditions are in place, such as an environment of openness and transparency, empowerment and education, equality and non-discrimination, and that participants enjoy access to information and effective remedies to any participation blockages.

Unlike “participation”, “contribution” has no widely understood meaning under international law or best practices. By substituting “participation” for “contribution” therefore, the Progress Declaration weakens a standard that would empower migrants and civil society to influence the processes that shape their lives.  In doing so, the Progress Declaration is also removing a commitment that critical stakeholders can input into important migration-related policies and decisions, thus depriving migration policies of key expertise and risking the success of such policies and achievement of GCM goals.

For these reasons, the Progress Declaration should revert to the Rev. 2 language on participation in paragraphs 38 and 39bis.

Florence Kim 

Kindly find herewith some inputs on language and content, from Fundación Migra (Argentina). 

Thank you for your time and assistance. 

Paula Carello

President - Fundación Migra

www.fundacionmigra.org / @fundacionmigra