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National sovereignty

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 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” (GCM, 2018: para. 15)

National sovereignty is a core principle of international law governing international relations, which affirms States’ independence and authority to govern their domestic jurisdiction, subject to their international law obligations by virtue of customary international law and the treaties they have ratified. While the Global Compact for Migration is not a legally binding instrument, it provides a policy framework for international cooperation while respecting States’ sovereignty and the human rights of all. National sovereignty entails that States have the authority on internal matters, including the right to determine who can enter and stay on their territory, and under which conditions, in accordance with international law, including international human rights law, which also offers protection to the human rights of migrant populations regardless of their status. The Global Compact on Migration is thus a tool that facilitates at the policy and practice level the operationalization of international law norms that States have committed through treaty ratifications, and also under international customary law and the principle of good faith which applies to all States. Migration is, has always been and will always be a global human phenomenon, and “no State can address migration alone” (GCM, 2018: para. 7). 


National sovereignty in the text of the Global Compact

The guiding principle of national sovereignty is also mentioned in the following sections of the GCM:

  • Preamble, para. 7
  • Unity of purpose, para. 15
  • Objective 11, para. 27: Manage borders in an integrated, secure and coordinated manner

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

Documents

World Migration Report 2020: Chapter 11 – Recent Developments in The Global Governance of Migration: An Update to the World Migration Report 2018

A chapter which provides a descriptive analysis of the GCM before examining its effect on the global migration governance architecture and the challenges for its implementation, including as they relate to sovereignty.
Date of publication:
01 January 2019
Source:
International Organization for Migration (IOM)
Information Type:
Report

World Migration Report 2018: Chapter 5 – Global Migration Governance: Existing Architecture and Recent Developments

A chapter which outlines how international agreements such as the GCM can contribute to more effective global governance of international migration.
Date of publication:
01 January 2017
Source:
International Organization for Migration (IOM)
Information Type:
Report
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Events

Controlling irregular migration: can a market for Temporary Foreign Work Permits help?

Prof.
, -

Online Briefing with CA Member States and other GCM stakeholders and CA UNMN members to discuss the new IOM policy for the full spectrum of return, readmission, and reintegration

On October 22, 2021 the IOM Sub-regional Office for Central Asia, together with the IOM Regional Office for South-Eastern Europe, Eastern Europe and Central Asia (Vienna, Austria) and the IOM Mission in Tajikistan, held a regional information briefing to discuss the new IOM policy for the full
Kazakhstan
, -
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Projects

Intergovernmental Authority on Development Regional Consultative Process on Migration (IGAD-RCP)

The Intergovernmental Authority on Development Regional Consultative Process on Migration or IGAD-RCP (also known as the Migration Dialogue for the IGAD Region or MiD-IGAD) aims to promote the common position of the IGAD Member States and African Union (AU) as provided in the AU's Migration Policy

European Union Diaspora Facility (EUDiF)

EUDiF is the first EU-funded project that works towards fostering an informed, inclusive and impactful diaspora-development ecosystem on a global scale.
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Training and guidance

Mainstreaming Migration into Development Planning: A Handbook for Policy-makers and Practitioners

This Handbook, initiated by the International Organization for Migration (IOM) and further developed with the contributions of the Global Migration Group (GMG), is the result of a collaborative and fruitful cooperation between the 16 GMG agencies.
Date of publication:
12 October 2015
Source:
International Organization for Migration (IOM)
Information Type:
Guidelines/Toolkits/Manuals

Implementing the Global Compact for safe, orderly and regular migration: Guidance for governments and all relevant stakeholders

Recognizing there is no one-size-fits all approach to implementation of the Global Compact, this flexible, self-guided reference document provides a methodology and resources to support member states and stakeholders with GCM implementation, whether through the development of a dedicated national...
Date of publication:
13 May 2022
Source:
UN Network on Migration
Information Type:
Guidelines/Toolkits/Manuals
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Videos

Guy Goodwin-Gill on Migrants' Rights

A presentation of migrants’ rights, including their relationship with national sovereignty by Mr. Guy S. Goodwill Gill, Emeritus Fellow, All Soul's College, University of Oxford, UK and Emeritus Professor of International Refugee Law.

Vincent Chetail: The Global Compact for Migration

A presentation which details what the GCM means with regards to international law, and its impact on States and international organizations.
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About the Migration Network Hub

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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.

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*References to Kosovo shall be understood to be in the context of United Nations Security Council resolution 1244 (1999).