The UN Global Compact for Safe, Orderly and Regular Migration: to what extent are human rights and sustainable development mutually compatible in the field of migration?

2020 ◽  
Vol 16 (3) ◽  
pp. 239-252
Author(s):  
Elspeth Guild

AbstractIn this contribution, I examine the links between the human rights basis of the UN Global Compact for Safe, Orderly and Regular Migration (GCM) and its embeddedness in the UN Sustainable Development Agenda 2030. While the GCM grew out of a development framework, it was rapidly incorporated into the UN human rights system. Even during the negotiation of the GCM, human rights took priority over development. The resistance that was manifested against the GCM on its endorsement by the UN General Assembly was directed not against its development links, but rather concerns about its human rights impact. This paper examines the placing of migration in this dual framework and the ways in which outcomes compatible with both are achievable.

Author(s):  
Riccardo Pavoni ◽  
Dario Piselli

This article explores the implications for international environmental law of the adoption of the Sustainable Development Goals (SDGs), which occurred at the 2015 United Nations Sustainable Development Summit. Following a summary of the main outcomes of the Summit, the paper evaluates the process and vision of the SDGs against both the Millennium Development Goals (MDGs) and the past efforts of the UN General Assembly (UNGA) in the field of sustainable development. The paper then examines how the environmental dimension of the SDGs is integrated into the general framework of the post-2015 development agenda and addresses two important questions which will most likely prove instrumental in the achievement of the Goals themselves. First, it the light of UN General Assembly Resolution 70/1, it discusses the normative value of the environmental obligations of States enshrined in the SDGs. Secondly, it deals with problems of implementation of the outcomes of the Summit, and accordingly attempts to identify the main legal challenges for the operationalization of the environmental component of the SDGs, in the wider context of the Agenda and taking the recent developments under the UN Framework Convention on Climate Change (UNFCCC) into account.


2019 ◽  
Vol 29 (1) ◽  
pp. 127-132
Author(s):  
Fabio Perocco

On 19 December 2018 the UN General Assembly approved the Global Compact for Safe, Orderly and Regular Migration (GCM), with 152 votes in favor, five against (Czech Republic, Hungary, Israel, Poland, United States), 12 abstentions (Algeria, Australia, Austria, Bulgaria, Chile, Italy, Latvia, Libya, Liechtenstein, Romania, Singapore, Switzerland), and 24 countries not voting (UN, 2018). The GCM builds on the 2030 Agenda for Sustainable Development (UN, 2015) and on the New York Declaration for Refugees and Migrants 2016 (of which it aims to implement Annex II) (UN, 2016). The article discusses the Global compact for migration, highlighting its potential and limits, supporters and detractors.


2017 ◽  
Vol 3 ◽  
pp. 205032451770677 ◽  
Author(s):  
Khalid Tinasti ◽  
Ann Fordham ◽  
David R Bewley-Taylor

The UN General Assembly Special Session on drugs held in April 2016 has been organized by the international drug control entities, but has confirmed the inclusion of other UN agencies in the global debates on drugs. Out of these, WHO and UNDP have played a major role in linking drug policy with the priorities of protecting human rights and promoting sustainable development. In May 2017, the leadership of both agencies will change. This letter reviews the aspiring leaders of these agencies’ positions on drug policies through existing literature, providing more clarity on their past or current commitment to the issue of drug policy and harm reduction stakeholders.


2018 ◽  
Vol 8 (3) ◽  
pp. 323-336 ◽  
Author(s):  
Robert Collinson ◽  
Alice Diver ◽  
Sharon McAvoy

PurposeThe purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.Design/methodology/approachThe critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.FindingsThe case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.Research limitations/implicationsThis is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.Practical implicationsThe paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.Social implicationsThe paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).Originality/valueThe discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.


2017 ◽  
Vol 5 (3) ◽  
pp. 682-693 ◽  
Author(s):  
Víctor Genina

On September 19th, 2016, the United Nations (UN) General Assembly adopted Resolution 71/1, the text of the New York Declaration for Refugees and Migrants (the “New York Declaration”). Resolution 71/1 is the outcome document of the high-level plenary meeting on addressing large movements of refugees and migrants, held at the UN headquarters. The New York Declaration reflects how UN member states have decided to address the challenge of large movements of people in two main legal categories: asylum seekers/refugees and migrants. Resolution 71/1 includes an annex titled “Towards a Global Compact for Safe, Orderly and Regular Migration” (the “global compact for migration” or “global compact”). This document is comprised of several thematic issues related to international migration that will be the basis of a globally negotiated agreement on how member states should respond to international migration at the national, regional, and international levels, as well as to issues related to international migration and development. The global compact for migration is intended to be adopted at a conference on international migration and development before the inauguration of the 73rd annual session of the UN General Assembly in September 2018. This paper addresses how UN member states should plan to address international migration in the future. It does not refer to refugees and asylum seekers: a global compact on refugees will be drafted by the United Nations High Commissioner for Refugees (UNHCR) in 2018, and to be presented to the UN General Assembly for states' consideration during its 73rd annual session, which starts in September 2018.1 For those who have been involved in migration issues within the United Nations, the fact that member states have finally agreed to convene an international conference on international migration represents a major achievement. It is the result of an extended process that started decades ago and was made possible by a long chain of efforts by many state delegations and other stakeholders. The global compact for migration will not be the first outcome document dealing exclusively with international migration. A declaration2 adopted at a high-level meeting at the United Nations in October 2013, for example, paved the way for the 2018 conference. Nonetheless, the global compact represents a unique opportunity to address international migration comprehensively and humanely. This paper contributes to the discussion on the elements that should be included in the global compact for migration. The paper is divided into two sections. The first section analyzes the main elements of Annex II, “Towards a Global Compact for Safe, Orderly and Regular Migration,” and the criteria that needs to be adopted in order to achieve a substantive outcome. In particular, participants in the negotiation process should aim to balance the concerns of states and the members of host societies, on one hand, with the needs and rights of migrants, on the other. The second section includes proposals to enrich the final global compact for migration and takes into account two documents written by two different actors within the UN system, the Special Representative of the Secretary-General on Migration, and the Special Rapporteur on the Human Rights of Migrants. In particular, the paper proposes that the global compact for migration: • sets forth principles that can inform the actions of governments in relation to international migration at all levels; • enunciates a clearer definition of state protection responsibilities in relation to migrants in crisis situations and so-called “mixed flows”3; affords a substantive role to civil society organizations, the private sector, and academic institutions in the global compact's follow-up and review process; • defines the institutional framework for the implementation and follow-up of the global compact within the United Nations, including through the work of the UN High-level Political Forum on Sustainable Development (HLPF); • establishes a mechanism to fund migration policies for states that lack enough resources to invest sufficiently in this task; and • builds a cooperation-oriented, peer-review mechanism to review migration policies. The paper has been conceived as an input for those who will take part in the negotiation of the global compact for migration, as well as those who will closely follow those negotiations. Thus, the paper assumes a level of knowledge on how international migration has been addressed within the United Nations during the last several years and of the complexities of these negotiation processes. The author took part in different UN negotiation processes on international migration from 2004 to 2013. The paper is primarily based on this experience.4


2021 ◽  
Vol 6 (9) ◽  
pp. 73-79
Author(s):  
Zakhro Jurayeva ◽  

The article is devoted to the review and analysis of the initiatives of Uzbekistan, voiced at the 76th session of the UN General Assembly. The author notes that these initiatives will contribute to further strengthening the image of Uzbekistan in the world arena, as well as solving global problems. Initiatives put forward by Uzbekistan at the 76th session of the UN General Assembly are aimed at creating new platforms for discussing global problems, as well as opening new areas of cooperation in the region of Central and South Asia.Keywords:UN, international initiatives, international cooperation, environmental problems, World Environmental Charter, Convention on Biological Diversity, human rights education


2017 ◽  
Vol 20 (1) ◽  
pp. 98-130
Author(s):  
Wiebke Ringel

On 3 May 2008, the Convention on the Rights of Persons with Disabilities (CRPD) entered into force. The CRPD is the first human rights treaty adopted by the UN General Assembly in the 21st century. It is also the first binding international law instrument that specifically and comprehensively addresses disability from a human rights perspective. Building on existing UN human rights treaties, the CRPD aims to strengthen the effective enjoyment of all human rights by persons with disabilities. Specifically, the new convention seeks to remedy the neglect and marginalization of the rights of persons with disabilities not just at the national level but also at the international level, most notably within the UN treaty system. In this regard, the new convention endorses innovative and new approaches relating to, inter alia, the notions of disability, nondiscrimination, and intersectionality. This article analyses selected emerging key issues, including the principle of reasonable accommodation and the intersectionality of disability and gender. A specific focus will be on the emerging jurisprudence of the responsible treaty body, the UN Committee on the Rights of Persons with Disabilities. While some of the aspects discussed may appear to primarily arise under a disability-specific perspective, it is suggested that they could potentially provide an impetus to advance the UN human rights system in general, beyond the context of disability.


Author(s):  
Thornberry Patrick

This chapter studies the Committee on the Elimination of Racial Discrimination (CERD), the oldest of the monitoring bodies of the UN ‘core’ treaties. Preceded by a Declaration on the Elimination of All Forms of Racial Discrimination in 1963, the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) was adopted by the UN General Assembly on 21 December 1965 and entered into force on 4 January 1969. CERD oversees the implementation of the Convention. The chapter evaluates how CERD has worked to deliver its mandate, where it has innovated, and where it has been able to draw upon the wider human rights acquis to ground its positions, and where it may have struggled to deliver. It focuses on a number of issues around the core principles: discrimination and the grounds thereof; special measures; segregation; and the problem of addressing hate speech.


Sign in / Sign up

Export Citation Format

Share Document