1 Essentials of Migration Management for Policy Makers and Practitioners Section 1.7 International Cooperation

Essentials of Migration Management 2 Section 1.7 International Cooperation Learning Objectives increase your knowledge of the modes and mechanisms for international cooperation in the area of migration management understand the benefits of international cooperation in managing migration improve your ability to identify modes and mechanisms of international cooperation that are relevant to the needs of your State

Essentials of Migration Management 3 Section 1.7 International Cooperation Topic Titles Topic One: The Basis for International Cooperation Topic Two: Forms of International Cooperation Topic Three: Realizing the Benefits of International Cooperation

Essentials of Migration Management 4 Section 1.7 International Cooperation Terms and Concepts Consultative process:A cooperative mechanism that offers participating States the opportunity to share experiences with other States usually in the same geographic region and to engage in discussion and information-sharing on issues, policies, and programmes of common interest, including consideration of the benefits of common approaches. Regional Consultative Processes (RCPs) are attractive because they connect participants with common interests, and participation is informal and non-binding.

5 International Cooperation Topic One The Basis for International Cooperation

Essentials of Migration Management 6 Topic One The Basis for International Cooperation Important Points 1.Capitalizing on migration to benefit development can best succeed through cooperative efforts. 2.Effective management of migration can only begin to be achieved if there is a clear understanding of the trends and flows in migration movement (based on the collection, sharing, and analysis of migration data between States) 3.International cooperation makes a difference in managing labour migration. 4.In order to address trafficking in persons, States need to share law enforcement information to understand and follow patterns, and to break up organized crime networks. (Continued)

Essentials of Migration Management 7 Topic One The Basis for International Cooperation 5.Effective migration management requires cooperation and dialogue, not only among States, but also among all interested stakeholders, including international organizations, non-governmental organizations, and the private sector. 6.Effective migration management is achieved through balanced consideration of economic, social, political, humanitarian, developmental, and environmental factors, taking into account the root causes of migratory flows. 7.Migration management requires partnerships and responsibility sharing. Cooperation may develop where: there are similar problems to resolve there are similar challenges to manage there are different migration-related interests and goals, but it is in a State’s political interest to find a cooperative solution there are some common interests and other conflicting interests.

8 International Cooperation Topic Two Forms of International Cooperation

Essentials of Migration Management 9 Topic Two Forms of International Cooperation Bilateral cooperation For many years, cooperation between governments in the management of migration has taken place through bilateral agreements. Early agreements were primarily in the area of labour migration between States facing labour shortages and those with a labour surplus. In recent years, there has been increasing focus on bilateral agreements dealing with the return and readmission of persons without authorization to stay, sometimes including other forms of cooperation or assistance. Other bilateral cooperation arrangements have included management of a common border.

Essentials of Migration Management 10 Topic Two Forms of International Cooperation Regional cooperation Regional arrangements for international cooperation have existed for decades. During the 1990s, and continuing into this century, multilateral Regional Consultative Processes (RCPs) are emerging as an effective mechanism to carry forward cooperative efforts in regional or international migration management, offering the participating States: the opportunity to share experiences with other States of the same geographic region. participation is informal and non-binding. (Continued)

Essentials of Migration Management 11 Topic Two Forms of International Cooperation There is a growing convergence of ideas among most Regional Consultative Processes regarding many of the key elements and principles that can guide international migration management, including safeguarding migrant rights, refugee protection, border management, and addressing root causes of migration. Currently, Regional Consultative Processes exist in most regions of the world, and an increasing number of governments participate in one or more of these processes. Trends towards regional economic integration and political cooperation in many parts of the world increasingly include consideration of migration.

Essentials of Migration Management 12 Topic Two Forms of International Cooperation Interregional cooperation Mechanisms for regional cooperation are expanding to include cooperation with other regions where there are specific shared interregional interests.

Essentials of Migration Management 13 Topic Two Forms of International Cooperation Global cooperation There is no global consensus on how to address the complexities of international migration. Chapter X of the Cairo Declaration on Population and Development is devoted to migration, refugees, asylum-seekers, and displaced persons, offering a comprehensive overview of the challenges linked to the movement of persons. The 2001 Durban World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and the 2002 Johannesburg World Summit on Social Development are two of the more recent conferences where concluding declarations include significant sections devoted to migration issues. (Continued)

Essentials of Migration Management 14 Topic Two Forms of International Cooperation The Berne Initiative is a States-owned consultative process with the goal of obtaining better management of migration at the national, regional, and global levels through cooperation between States. A number of international norms for global cooperation relate to migration in the form of conventions or treaties.

Essentials of Migration Management 15 Topic Two Forms of International Cooperation Multilateral cooperation in the labour and trade sectors GATS – The General Agreement on Trade in Services provides for the movement of natural persons as service providers based upon specific government commitments. NAFTA – As of 2004, professionals from Canada, US, and Mexico in designated occupations may work in the other North American Free Trade Agreement countries without being subject to the numerical limits imposed on other foreign nationals. MERCOSUR – The Southern Common Market Agreement is similar to the GATS. Provisions relating to access to labour markets and right of entry and stay of foreigners are regulated by the individual member States. (Continued)

Essentials of Migration Management 16 Topic Two Forms of International Cooperation APEC - The APEC Business Travel Card is intended to provide a balance between the integrity of national borders and the need to simplify procedures to boost competitiveness and trade amongst APEC member economies. CSME – The Caribbean Community Single Market & Economy intends to provide an open market without cross-border restrictions and therefore seeks to facilitate the free movement of final products, goods, labour, and services. The Labour Migration Ministerial Consultations for Countries of Origin in Asia is a forum for Asian labour-sending States to share experiences, discuss issues, and identify areas for activities. Other forms of multilateral cooperation provide a variety of migration-related arrangements for participating States.

Essentials of Migration Management 17 Topic Two Forms of International Cooperation Cooperation in the health sector Health has long been a dimension of managed migration. The International Health Regulations, adopted in 1971 by the World Health Organization and currently under revision, are the only international regulatory health instrument, and they are used as an international standard. The Commonwealth Code of Practice for the International Recruitment of Health Workers, adopted at a meeting of Commonwealth Health Ministers in Geneva in 2003, is a consensus approach to dealing with the problem of international recruitment of health workers.

Essentials of Migration Management 18 Topic Two Forms of International Cooperation Cooperation concerning migration and development There is a close relationship between migration and development; properly managed, that relationship can reap benefits for the development of States. A connection between migration and development is increasingly being made in international fora, in Regional Consultative Processes, and in bilateral and multilateral agreements.

19 International Cooperation Topic Three Realizing the Benefits of International Cooperation

Essentials of Migration Management 20 Topic Three Realizing the Benefits of International Cooperation Important Points 1.Agreements should be balanced and will normally require some give-and- take by all parties. 2.The benefits of the agreement for each party should be meaningful, but realistic and financially feasible. 3.Cooperative approaches should include regular evaluation. 4.Cooperative agreements should address long-term needs, and not be limited to short- and medium-term goals. (Continued)

Essentials of Migration Management 21 Topic Three Realizing the Benefits of International Cooperation 5.New policies that result from cooperative agreements should be tested and assessed. 6.Inter-state cooperation may include the provision of assistance to some States by other States. 7.Parties to an agreement should strive for transparent and focused dialogue and exchange of information, particularly where countries share an interest in specific migratory patterns in order to facilitate possible responsibility-sharing arrangements. 8.Consideration should be given to developing equitable and effective responsibility-sharing arrangements that reduce the burdens on countries hosting large numbers of refugees and countries of first asylum.

Essentials of Migration Management 22 Topic Three Realizing the Benefits of International Cooperation National policies and international cooperation Effective national migration policy is challenged to find, and maintain, a balance between measures that address a number of migration-related areas, and to avoid favouring one area over other equally important areas. Effective national-level policy should include: policies that do not consider regular migration and irregular migration in isolation from each other (Continued)

Essentials of Migration Management 23 Topic Three Realizing the Benefits of International Cooperation consideration of the impact that national migration policy could have on a number of related areas: –economic growth –public services –social cohesion –public protection and national security –support for human rights –international development· coordination between responsible authorities at all stages in the migration process and, where appropriate, consideration for centralized migration management functions in a dedicated ministry.

24 Last Slide Section 1.7 International Cooperation