Developing Comprehensive Migration Policy and Legislation: Effective Migration Management Jillyanne Redpath International Organization for Migration Seminar on the Development of Migration Legislation Guatemala City February 2007

Objectives Consider the essential elements of migration legislation Highlight international norms affecting those involved in the migration process, and the necessity of their incorporation into migration legislation Opportunity to reflect upon possible improvements to national legislation Opportunity for discussion and exchange of experience.

Migration Policy Manage the entry, transit, departure and return of foreigners Who should enter, on what conditions, for what purposes, and with what rights/responsibilities; Facilitate integration Maintaining links with nationals abroad Ensure respect for refugee protection principles; Combat irregular migration

Migration Policy Core values upon which policy could be based: Non-discrimination Contribution to the national economic and social interest; Achievement orderly and efficient migration management Facilitation of family reunion Contribution to the resettlement of those most in humanitarian need; and Participation of all relevant stakeholders

Comprehensive Migration Policy Increased coordination International cooperation Inclusion of all stakeholders Gathering of statistics

Comprehensive Migration Legislation Legislation should cover whole migration process Based on  Non-discrimination  Balance of control and facilitation  Balance of economic and humanitarian interests  Balanced approach to irregular migration  International obligations

Comprehensive Migration Legislation Should be consistent with states legal framework Should establish rights and responsbilities of  Migrants and agents,  Those acting on behalf of state Should provide clear statements of purpose

Comprehensive Migration Legislation Procedural requirements for entry into the state, and exit where applicable The conditions and procedures of entry Procedures for determining merits of claims to refugee status/ admission or based on humanitarian grounds Removal of non-nationals who breach visa or overstay permission to remain Provisions responding to irregular migration Responsibilities of carriers and penalties for failing to fulfil those obligations Exit requirements Professional obligations of state officials Administrative structures Right of appeal

Comprehensive Migration Legislation Accountable and transparent use of discretion Interplay of primary and secondary legislation Establish and reflect national migration institutional framework

Administrative Structures “Whole of government” approach Does current administrative system  Deliver desired results?  Ensure speed and efficiency in implementation of policy and legislation  All effective coordination between government departments

Conclusion What are the most important domestic and international interests? How well does legislation serve the State’s policy objectives? How well does legislation strike an appropriate balance between conflicting values/policy objectives? To what extent does legislation support implementation of clear transparent operational policy for migration management? To what extent does legislation ensure that the obligations of individuals are clearly defined and consistent with their rights under national and international law? Is there a greater need for harmonization of migration legislation/policy Puebla process countries?