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