On December 13, 2018, overcoming the opposition of nationalist governments, the agreement for the global compact for migration was reached[i]. This project represents an important global step forward for cooperation and coordination in the management of migratory phenomena. It wants to fight illegal immigration that, left in the hands of organized crime, endangers the lives of migrants, and strengthens the legal avenues.
The idea of tackling this emergency globally was launched at the UN in 2016 by President Obama: a Protocol “for safe, orderly and regular migration”. Faced with 258 million migrants in the world living outside their country of birth who, for various reasons, have left their country of origin, the protocol, signed by 193 countries, proposed to “introduce elements of governance and rationalization of the phenomenon”. No one, it was claimed, just for having chosen to emigrate, must lose his fundamental rights ... to security, dignity, physical integrity, international protection, and a fairly paid job.
Countries favoring this protocol committed themselves ... to cooperate to save lives and prevent the death or wounding of migrants, through joint or individual search-and-rescue operations ... They committed to strengthen global cooperation between States and International Organizations to manage migratory phenomena and help the countries most exposed to the phenomenon in both directions, inward- and outward-bound. With regard to the former, it was proposed to set up support programs aimed at ... minimizing the detention measures of irregular migrants ... and ensuring that they have access to basic services; and also at fostering their full social integration ... and at eliminating ... any form of discrimination, and fighting any expression of racism, intolerance and xenophobia”. With regard to the latter, it proposed to facilitate, in collaboration with the countries from which the migrations come, the readmission agreements, and at the same time promote programs of economic and social development.
After 18 months of consultations and negotiations between governments, experts, civil society, refugees, on 10-13 December 2018, in Marrakech, an international conference was convened by the UN. The aim of the summit was not only to confirm the consensus on the agreements reached in New York in September 2016, but above all to take decisions on the operational level.
The Global Compact for Migration has substantially confirmed the objectives mentioned in the 2016 protocol. 164 countries have signed the “Global pact for safe, orderly and regular migration”. The document is based on 23 objectives aimed at improving migration management at local, national, regional and global levels. With all the limits deriving from the intergovernmental nature of the agreement, the Global Compact opens an important road to the cooperative management of immigration, reception and asylum, which will also contribute to make the behavior of the actors involved more transparent. Although the agreement does not limit state sovereignty, about fifteen sovereignist governments have denied their adhesion. They accuse it of “destroying borders and national states, and of encouraging uncontrolled immigration”. They rely on the citizens' fear of the stranger to close their borders, erect walls, and pass special laws.
The document approved in Marrakech, therefore, assumes a high political and moral value. The agreement was challenged by the United States, Australia, the Dominican Republic. The decision was postponed by Italy, Switzerland, Bulgaria, Estonia, Israel, Slovenia, Austria, Hungary, the Czech Republic, Poland, Slovakia, Latvia. In Belgium, the adhesion has led to the fall of the government.
The countries of the European Union have not found a common agreement. By not signing the agreement they severely damaged the unitary image of Europe. Furthermore, choosing isolation, they risk being more exposed and weaker in the face of the phenomenon. Only cooperation, as the global compact for migration indicates, can open and strengthen the legal avenues for migration.
Similarly to what is emerging worldwide, in Europe the theme of the increase in migrations is at the center of the political debate.
Among the many studies and proposals that have come to light in recent years, the Delors Foundation, chaired by Enrico Letta, in view of the upcoming elections to the European Parliament (24-26 May 2019) has launched the project “For a policy of asylum, migration and mobility in Europe “. Starting from the observation that the theme of immigration has upset the equilibrium of the old continent, it makes a series of proposals on the European measures necessary to tackle this problem. It is addressed to both the candidates in the next European elections and the citizens. It emphasizes the need for the phenomenon to be tackled from a continental and non-national point of view. On the operational level it proposes: 1) European harmonization of the conditions for access to asylum; 2) the protection of the European external borders, with a federal plan integrating national capacities; 3) the strengthening of the legal immigration of workers coming mainly from Africa; 4) the creation of a Europe-Africa partnership for the development and management of immigration. To achieve these objectives, the Delors Foundation indicates the establishment of a “European solidarity pool”, a pact between a group of EU countries which decide to share the measures and procedures to be adopted with respect to immigration. The instrument of enhanced cooperation (as stipulated in the Treaties) allows the member countries in favor to act without being blocked by the dissenting countries.
Europe, says the Delors Foundation, must prepare itself to rationally face the next foreseeable emergencies linked to immigration and cannot do so without adopting common regulatory measures. The moment is favorable, because migratory flows have diminished. Jérome Vignon, author of the report, is optimistic about the possibility that the proposed measures can overcome the obstacles at European level and be quickly adopted, as they do not require to amend the current European Treaties, with the ensuing long procedures.
Translated by Lionello Casalegno
[i] https://www.un.org/pga/72/wp-content/uploads/sites/51/2018/07/180713_Agreed-Outcome_Global-Compact-for-Migration.pdf