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Rule of law and due process

GCM Guiding Principles

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.