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Rule of law and due process

Cross-cutting theme in the Global Compact for Migration

The Global Compact for Safe, Orderly and Regular Migration (GCM) is based on a set of cross-cutting and interdependent guiding principles. This page provides resources for the guiding principle of 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." (GCM, 2018:  para. 15)


Rule of law and due process in the text of the Global Compact

The guiding principle of Rule of law and due process is also mentioned in the following sections of the GCM:

  • Objective 2, para. 18(b): Minimize the adverse drivers and structural factors that compel people to leave their country of origin
  • Objective 3, para. 19(d): Provide accurate and timely information at all stages of migration
  • Objective 7, para. 23(c)(g): Address and reduce vulnerabilities in migration
  • Objective 8, para. 24(a): Save lives and establish coordinated international efforts on missing migrants
  • Objective 10, para. 26(e)(h): Prevent, combat and eradicate trafficking in persons in the context of international migration
  • Objective 11, para. 27(c)(f): Manage borders in an integrated, secure and coordinated manner
  • Objective 13, para. 29(c)(d)(e)(f): Use immigration detention only as a measure of last resort and work towards alternatives
  • Objective 21, para 37(e)(h): Cooperate in facilitating safe and dignified return and readmission, as well as sustainable reintegration

The Global Compact for Migration (GCM) report is available in AR, ZH, EN, FR, RU, ES.

 

Resources

The Principles seek to help judges and lawyers, as well as legislators and other government officials, better secure human rights and the rule of law in the context of large movements of refugees and migrants.
Date of publication:
01 May 2017
These Principles and Guidelines provide concrete and operational guidance to assist States to design, implement and monitor migration governance measures that respect and protect the human rights of migrants in vulnerable situations.

Videos

A presentation which details what the GCM means with regards to international law, and its impact on States and international organizations.
The portability of social security rights and entitlements is a concern for many transitional workers worldwide.

Projects

A Spanish-language project that collects information on migration policy, laws and human rights in the United States-Mexico-Central American region.
The REFRAME project is a European Union-funded global action aiming at preventing and reducing abusive and fraudulent recruitment practices, and maximizing the protection of migrant workers in the recruitment process and their contribution to development.

Events

Knowledge Week aims to stimulate a discussion on the most salient issues around human trafficking and migrant smuggling with the support of experts and based on recent UNODC publications and tools.
4 October 2021, 12:00 PM to 8 October 2021, 2:00 PM

About the Migration Network Hub

What is the Migration Network Hub?

The Hub is a virtual “meeting space” where governments, stakeholders and experts can access and share migration-related information and services. It provides curated content, analysis and information on a variety of topics.

The Hub aims to support UN Member States in the implementation, follow-up and review of the Global Compact for Migration by serving as a repository of existing evidence, practices and initiatives, and facilitating access to knowledge sharing via online discussions, an expert database and demand-driven, tailor-made solutions (launching in 2021).

What content is displayed in the Hub?

The Hub aims to help you find information on migration, ranging from policy briefs and journal articles, existing portals and platforms and what they offer, to infographics and videos. The different types of resources submitted by users undergo peer review by a panel of experts from within the UN and beyond, before being approved for inclusion in the Hub. To provide guidance to users based on findings of the needs assessment, the content is ordered so that more comprehensive and global resources are shown before more specific and regional ones. Know a great resource? Please submit using the links above and your suggestion will be reviewed. Please see the draft criteria for existing practices here.

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Content submitted to the Migration Network Hub is first peer reviewed by experts in the field from both the UN and beyond. Applications are welcomed to join the roster on an ongoing basis. Learn more here.

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