Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe,Orderly and Regular Migration

The Global Compact for Safe, Orderly, and Regular Migration (GCM) was to be “guided by human rights law and standards” in recognition of the rights of international migrants, who are currently protected by an overlapping patchwork of treaties and international law. The GCM contains many laudable commitments that, if implemented, will ensure that states more consistently respect, protect, and fulfil the rights of all migrants and also that states incorporate data on migration into a more cohesive governance regime that does more to promote cooperation on the issue of international migration. However, many concerns remain. Using a legal analysis and cross‐national policy data, we find that the GCM neither fully articulates existing law nor makes use of international consensus to expand the rights of migrants. In its first section, this article provides a concise analysis of the GCM's compliance with a set of core principles of existing international human rights law regarding migrants. In the second section, we apply a novel instrument to create an objective, cross‐national accounting of the laws protecting migrants’ rights in various national legal frameworks. Focusing on a sample of five diverse destination and sending countries, the results suggest we are close to an international consensus on the protection of a core set of migrants’ rights. This analysis should help prioritize the work necessary to implement the GCM.     

Migration Governance and Policy in the Global South: Introduction and Overview

Building knowledge about migration governance and policy in the Global South is a priority for research and policy. The studies in this special section offer both new empirical insights and new frameworks for analysis, with key policy implications, that can enrich our discussion of these topics. They focus on issues that relate to national and sub‐national level governance and policy, speaking both to the impact of diverse governance structures and policies on the well‐being of migrants and host communities, and of the policy‐making process itself and the factors influencing that process. In so doing, they point toward promising directions for future work on these topics and underscore the value of multidisciplinary, interdisciplinary, and cross‐regional analysis. This essay provides an introduction to the studies included in this collection, framing their contributions in the context of research in development and ongoing global discussions on migration policy.     

The Global Compacts on Refugees and for Safe,Orderly and Regular Migration: Introduction to the Special Issue

In December 2018, the UN General Assembly adopted two Global Compacts: The Global Compact on Refugees (GCR) and the Global Compact for Safe, Orderly and Regular Migration (GCM). These two compacts, while non‐binding and aspirational in nature, offer the first widely‐accepted new normative frameworks on the movement of people since the ratification of the 1951 refugee convention and its 1967 protocol. This special issue of International Migration aims to analyse the way in which these two compacts were negotiated, examine their potential impact in a number of areas, and compare the way they deal with common themes such as gender, civil society and security. This introductory article describes the background and the process of negotiating the global compacts, provides a short summary of the articles included in this special issue, and highlights gaps in the two compacts that are not elsewhere discussed herein.     

Interdisciplinary bar for the public interest: What CSR and NGO frameworks contribute to the public relations of British and European activists

This paper outlines the ways in which various literatures and exemplary organizations (Business for Social Responsibility, the Global Alliance for Public Relations and Communication Management, and the Global Compact) define, set principles, and provide frameworks for corporate social responsibility (CSR). It also explores British broadcasters’ accountability mechanisms and the extent to which U.K. broadcasting activist NGOs view them as adequate CSR. The activists studied were six British broadcasting-centered and Scottish cultural NGOs that lobby in the EU and at home. The data suggested that these activists’ public relations has pro-social, pro-democratic effects and that the CSR/NGO literatures and organizational frameworks provided may enable broadcasting activists and targets to more effectively pursue CSR.     

Shortcomings and/or Missed Opportunities of the Global Compacts for the Protection of Forced Migrants

The Global Compact for Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR) are norm‐creating exercises, in the sense of being international legal documents for a new framework that reinforces existing structures and attempt to renew migration governance globally. They were expected to further develop the protection of all migrants. However, despite some progress, there are shortcomings and/or missed opportunities in what they were able to achieve, especially in the case of the protection of forced migrants. Understanding these shortcomings and/or missed opportunities as being conceptual and institutional in nature, and to assess both these sets, this article presents the idea of forced migration and the lack of international protection of forced migrants (part 1), describes the protection of forced migrants achieved by the Compacts (part 2), and ends by assessing the shortcomings and/or missed opportunities in both Compacts (part 3).     

The European Union and the Background of the Global Compacts

This article explores the influence of the European Union in shaping and promoting the discourse, theoretical bases and political practices that make up the Global Compact on Refugees and the Global Compact on Safe, Orderly, and Regular Migration. It analyses the experiences and dynamics of European Union policies in its most recent history, and explores its operational, discursive and practical dimensions, focusing on the example of the EU's partnership with Turkey.     

International Travel Security and the Global Compacts on Refugees and Migration

This article examines the security dimension of the Global Compact on Refugees and the Global Compact for Migration and explains how the global compacts expand international cooperation on travel security. Although the Global Compact on Refugees contains relatively few security‐related provisions, many of the Global Compact for Migration's commitments are largely devoted to increasing security by strengthening border controls, improving travel documents, collecting data, using new technologies, like biometrics, and sharing data. By agreeing to increase cooperation on international travel security aimed at reducing irregular migration, migrant origin states have won commitments from migrant destination states to improve conditions for their nationals working abroad. Given that both global compacts are non‐binding and states may take actions to realize some of the compacts’ commitments but not others, the actual consequences of the compacts may vary greatly and lead to unanticipated outcomes.     

The UN Global Compact for Safe,Orderly and Regular Migration: Its Impact on Asia

This article focuses on the Global Compact for Safe, Orderly and Regular Migration (GCM), a landmark international document that builds on the momentum of a decade of initiatives at the international level on migration governance, and its impact on Asia from the perspective of South Asia, Southeast Asia, China, and South Korea. While none of these countries voted against the adoption of the GCM, there are significant differences in how individual countries approached the commitments made in the GCM. These perspectives were articulated in a webinar hosted by Metropolis Asia on 20 June 2018 and in governmental statements made at the UN international conference when the GCM was adopted. This article also discusses the challenges confronting the implementation of the GCM. While the Compact resulted from inclusive and intensive negotiations and many compromises, the road towards realizing its goals will be at least as challenging as the road that led to its adoption. In spite of these challenges, the GCM is a ground‐breaking representation of the first multilateral framework for migration governance. Its success rests upon the recognition that addressing the challenges and maximizing the benefits of migration require true international cooperation, renewed commitment and meaningful action on the commitments agreed to.     

New governance of labour rights: the perspective of Cambodian garment workers’ struggles

Globalization has implied the transfer of industrial work to countries of the Global South, where labour rights are seldom effectively protected by legal frameworks. New forms of governance that go beyond state-centred legal regulation are presented as an alternative to fill in ‘governance gaps’. This paper analyses ‘new governance’ from the perspective of Cambodian garment workers and labour movements’ struggles. Drawing on the literature on governance and private regulation and research data from Cambodia, it argues that a technocratic approach makes governance initiatives ignore the economic conflict between labour and capital but also the possible political conflict between labour and government. By ignoring trade union rights, power-blind initiatives might end up weakening both the labour movement and democratic accountability, instead of complementing state’s regulatory roles. This might serve the overlapping interests of the powerful actors both in Cambodia and internationally.     

The Global Compact for Migration: what could it mean for women and gender relations?

ABSTRACT

Under half of international migrants throughout the world are women. While large movements of people, human rights and humanitarian crises, and migrant deaths are not new, the public attention given to the arrivals of refugees and migrants to the shores of Europe has compelled governments to engage in a multilateral manner. In September 2016, the United Nations General Assembly held its first-ever summit dedicated to large movements of refugees and migrants, reaffirming the importance of existing legal instruments to protect refugees and migrants, and also foreseeing the development of two new Global Compacts: one on refugees, and the other for safe, orderly and regular migration. This article examines the process to elaborate the Global Compact for Safe, Orderly and Regular Migration from a gender-responsive perspective. It takes into consideration the advocacy role that the Women in Migration Network and other civil society stakeholders have played in its development, identifies the various opportunities and gaps within the Global Compact, and explores how women’s organisations and development organisations can promote change for women in migration under the new Global Compact.     

Immigration Detention under the Global Compacts in the Light of Refugee and Human Rights Law Standards

The article explores how immigration detention is addressed in the Global Compact on Refugees (GCR) and Global Compact for Safe, Orderly and Regular Migration (GCM) and investigates the potential implications of the compacts on the existing legal framework regulating the use of immigration detention. While Objective 13 of the GCM largely reflects detention‐related standards under international human rights law, the GCR makes only scarce references to detention in §60. Overall, the compacts risk inhibiting gradual endorsement of the norm of non‐detention of children. On the other hand, they rightly restate the priority for alternatives to detention for adults. States should implement the provisions of the compacts in line with their obligations under international human rights and refugee law. The compacts cannot be used as a pretext to lower domestic detention‐related standards or to diminish the validity of the existing framework governing immigration detention.     

The Global Compact for Safe,Orderly and Regular Migration: What's Next

The Director General of IOM reflects on the next steps to implement the Global Compact for Migration, IOM's new responsibility as Coordinator of the UN Migration Network, and the role that research can play in realizing the Compact's potential.     

A Local Dimension of Integration Policies? A Comparative Study of Berlin,Malmö, and Rotterdam

This study examines three theses on local integration policies by a qualitative comparative case study of integration policies in three cities in three different countries (Berlin, Malmö, and Rotterdam). We found little evidence of a congruent local dimension of integration policies. Local policies resemble their national policy frameworks fairly well in terms of policy approaches and domains. Our multi‐level perspective shows that this is not the result of top‐down hierarchical governance, but rather of a multilevel dynamic of two‐way interaction. Local policy legacies and local politics matter and national policies are also influenced by local approaches of integration.     

Steering the Poverty‐Environment Nexus in Central Asia: A metagovernance analysis of the Poverty‐Environment Initiative (PEI)

The close and reciprocal ties between poverty and environmental degradation present significant potential for simultaneous improvement of the livelihood of the poorest along with increased opportunities and enhanced resilience of the environment and natural resources. By supporting governments and other stakeholders in designing and implementing development plans that tackle environmental and poverty concerns in a joint manner, the globally operating UNDP‐UNEP Poverty‐Environment Initiative (PEI) addresses a major governance challenge for sustainable development (SD) and the Sustainable Development Goals (SDGs) in particular. Focusing on Central Asia, and specifically Tajikistan, a country outside the spotlight of studies concerned with SD governance mechanisms, and through the analysis of PEI programme documents and stakeholders’ interviews, this article probes into the governance and governance co‐ordination (metagovernance) settings for SD. The article closes by presenting a set of recommendations to improve governance co‐ordination, while achieving more inclusive decision‐making and ultimately increasing the impact of PEI on the society and the environment. Specifically, it argues for improved information policy and enhanced integration of endogenous knowledge. Furthermore, national and local development planning and private initiatives should be better linked, and the different levels of governance for poverty‐environment mainstreaming should be more coherent. The solutions discussed are of relevance for wider Central Asia and the global community engaged in moving the SDGs into the mainstream of governance and policy frameworks.     

The Cartagena Protocol: Implications for Regional Trade and Technology Development in Africa

The majority of African countries have ratified or acceded to the Cartagena Protocol on Biosafety, and many have received support through the Global Environment Facility and the UN Environment Programme for development of their National Biosafety Frameworks. This article examines the extent to which these frameworks are aligned with the goals of the Regional Economic and Regional Research Communities of which they are members. Many national approaches lack alignment with regional trade, economic, science and technology policies. The strict application of the precautionary principle and the imposition of costly administrative hurdles are likely to hinder intra‐regional trade and technology development.     

The inspiration of Corporatism to Governance of China's Urban Community

At present, Many countries have attach great importance to the governance of society. Community, the most basic unit in the governance of urban society, is a vital content to promote the development of the national governance system and the modern management capacity. This paperanalyzes the main problems and causes of urban community governance, and tries to provide a new way of governance for China's urban community governance through the Corporatism.     

Security a la Mexicana: on the particularities of security governance in México’s War on Crime

Social scientists from different fields have identified security as a future-oriented mode of governance designed to preserve the social order from diverse types of global risk through international cooperation, militarization and privatization of the state security apparatus, surveillance technologies, community policing, and stigmatization of identities and behaviors deemed dangerous. This literature has largely been limited to English-speaking countries in the Global North, however, that are relatively “secure.”. To understand how security operates in a different context, this article focuses on the current War on Crime in México using newspaper and magazine articles, government documents, and extant academic research. In México, it is argued, the basic elements of security governance (international cooperation, militarized police, surveillance technologies, law, etc.) are present, but in modified form. Rather than focusing on external risks that could develop into future threats, security in México is turned inward against traditional forms of national economic, political, and cultural life thought to produce harm in the present. This, in turn, underscores security’s unique purpose in the country, which is not to preserve the prevailing social order, but to transform an emergent social order that through globalization has come to threaten the state’s legitimacy. These observations suggest an international divide in the operation of security that leaves those most vulnerable in the Global South to bear the greatest costs.     

The Governance of Forced Labour in the Global Economy

Abstract

The problem of forced labour in the contemporary global economy is attracting increasing attention in global governance debates and policy circles. The effectiveness of governance initiatives depends on underlying understandings of the root causes of the problem. We explore how the root causes of forced labour in global production networks (GPNs) are framed in global governance debates. Focusing on the dominant frameworks mobilized by international institutions, with some attention to cognate national-level and corporate governance strategies, we identify certain limitations to dominant interpretations, which derive from their ‘residual’ character and their associated neglect of the manner in which the roots of forced labour reach deeply into the organization of GPNs, the forms of exploitation which are integral to them, and the connections between exploitation and poverty. We set out an alternative, ‘relational’ perspective on the roots of forced labour in GPNs, based on the concept of ‘adverse incorporation’, and consider the implications of the insights generated by this perspective for contemporary governance frameworks.     

Challenge of multi-level governance in developing countries and possible GIS applications

Of the three most prominent issues in governance discourse—the horizontal coordination of markets, government hierarchies and networks, global governance and multi-level governance—this paper argues that the last, developing and sustaining structures of multi-level governance, constitutes the most profound governance challenge for most developing countries.The paper identifies the major forces promoting change in favor of multi-level governance in developing countries. Using the growing literature and comparative national experiences (illustrated with the examples of India, the Philippines, Colombia and Nigeria), it highlights the key achievements of democratic decentralization as well as its nagging problems in these countries. Finally, the paper demonstrates the significance of these developments for democracy and development in these countries and shows some of the ways by which external partners—especially experts associated with the Geographic Information Systems for Developing Countries can assist and possibly benefit from this process.     

Using big data for evidence based governance in child welfare

Numerous approaches are available for improving governance of the child welfare system, all of which require longitudinal data reporting on child welfare clients. A substantial amount of agency administrative information – big data – can be transformed into knowledge for policy and management actions through a rigorous information generation process. Important properties of the information generation process are that it must generate accurate, timely information while protecting the confidentiality of the clients. In addition, it must be extensible to serve an ever-changing policy and technology environment. Knowledge discovery and data mining (KDD), aka data science, is a method developed in the private sector to mine consumer data and can be used in public settings to support evidence based governance. KDD consists of a rigorous 5-step process that includes a Web-based end-user interface. The relationship between KDD and governance is a continuous feedback cycle that enables ongoing development of new information and knowledge as stakeholders identify emerging needs. In this paper, we synthesis the different frameworks for utilizing big data for public governance, introduce the KDD process, describe the nature of big data in child welfare, and then present an updated KDD architecture that can support these frameworks to utilize big data for governance. We also demonstrate the role KDD plays in child welfare management through 2 case studies. We conclude with a discussion on implications for agency–university partnerships and research-to-practice.