04.2018
Ranjan Kurian, Helvetas Swiss Intercooperation
Andrew Samuel, Community Development Services
Helvetas Swiss
Intercooperation Sri Lanka and Community Development Services (CDS),
under the Swiss Agency for Development and Cooperation (SDC)-funded
Labour Migration Project, continue to play a key role in mobilizing
Civil Society Organizations (CSOs) across the island working on
migration to meaningfully engage in the Global Compact for Migration
(GCM).
A national consultation for CSOs was held along with IOM on the 8th and 25th August 2017 in Colombo with the primary objective of raising awareness on the GCM process.
From
a series of consultations with CSOs and IOM, and after receiving ground
evidence on the 6 themes, CDS compiled and wrote the Civil Society
National Input document that was submitted to the Sri Lanka government
and IOM. Subsequently in December 2017 a document reflecting collective
voices of Civil Society on GCM was sent directly to IOM that included
the need for better integrating migrant's health, migrant women and
migration throughout the migration cycle into the GCM.
CDS
together with CARAM Asia produced two facilitation papers at the first
regional civil society consultation on drivers of migration and climate
change and migration.
Helvetas and CDS took part in the Asia Pacific Regional Preparatory Meeting for the GCM at the UN-ESCAP in Bangkok, 6th to 8th November 2017. A conference report on the UN-ESCAP meeting was prepared by CDS covering the opening remarks and the 4 thematic areas namely
(1) Legal and orderly labor migration contributing towards sustainable
development, including decent work, labor mobility and recognition of
skills/qualification, (2) Addressing drivers of migration including
climate change, natural disasters and manmade crises, poverty
eradication, and conflict prevention, (3) Smuggling of migrants,
trafficking in persons, modern slavery and protection and assistance to
migrants and trafficking victims, (4) Regional cooperation, governance,
migration in all its dimensions including at borders, in transit, entry,
return, readmission, integration and reintegration. The report also
covered the side event on migration and health as an important
crosscutting issue to the themes.
As
part of the continuing engagement on the GCM, the regional consultation
phase brought together key regional organizations working on migration
related issues including trade unions and CSOs. This process was led and
facilitated by Migrant Forum in Asia (MFA). With the objective of
reviewing the GCM zero-draft, a reginal consultation was held in Manila,
Philippines from 11th & 12th February 2018
with participants from Bangladesh, India, Indonesia, Malaysia, Nepal,
Philippines, Singapore, Sri Lanka and Thailand.
The
outcome of the zero-draft discussions during the two-day consultation
includes the following: 1) Comments and observations received from
participants prior to the consultation as part of the preparatory work
which reflect different perspectives based on their respective work on
the ground and the different country contexts in which they are working,
and 2) Recommendations and observations of the two-day meeting.
Participants
felt overall, the Zero Draft to be a complete, comprehensive and
detailed presentation of the common understanding of the situation of
migrant workers and their families as well as the principles, objectives
and mechanisms for the management of safe, orderly and regular
migration. It furthermore presents a comprehensive and detailed
framework for non-binding international cooperation on migration
management.
The
zero draft appears to be impressive. Most of the issues and concerns on
migration stated in the Secretary General's report on "Making Migration
Work for All" were adopted in the Zero draft. The ACTIONABLE
Commitments in each of the twenty-two (22) objectives were clearly
elaborated. The emphasis on gender equality and addressing women and
migrant children on the move in the commitment is strongly commended.
The
Zero Draft states clearly that migration is a defining feature of a
globalized world, but we feel that the draft should have also presented a
comprehensive discussion on the relationship of, and impact of,
globalization on migration, as a driving force for migration. It is this
relationship between globalization and migration which we find missing
in the framework of the Zero Draft.
The
Zero Draft has made a comprehensive presentation of migrant workers,
their families rights and the roadmap to achieve them, but the
non-legally binding nature of Global Compact does not guarantee that
significant improvements in the legal rights of migrants and access to
justice is immediately forthcoming, and everything largely depends on
the national policy and priorities of each country.
While
the Zero Draft is a comprehensive index or list of what needs to be
done to ensure safe, orderly and regular migration, it does not give
weight to the critical issues that need to be addressed. As an example, a
Bilateral Agreement (BLA) is an important mechanism for labor migration
governance. The Zero draft must consider a BLA as a tool to address
interventions including independent legal assistance and representation.
GCM Zero Draft to some extent has the effect of trivializing some very
important issues such as addressing the adverse drivers and structural
factors that induce migration.
Some
other issues that need further clarity are: lack of commitment to
sustainable development in destination and countries of origin;
immediate access to justice in destination and origin countries; lack of
clear direction and resources for the involvement of local governments;
the need for a clear differentiation of migration victim and human
trafficking; strong commitment to coordination between states, lack of
public access to investigative report of human trafficking, and the role
and resource of civil and trade unions in collecting data, assisting
migrant workers and performing other social activities for migrants and
their families.
There
is no civil society participation in any follow-up and review
structures. Implementation mechanisms should be clear. There should be
review mechanisms at the national level where civil society is included.
There
is no mention about the International Convention on the Rights of
Migrant Workers and Members of their Families as a reference or a call
for its ratification. In the preamble and in succeeding sections,
conventions on trafficking, children, transnational crimes, etc. were
referred to. The Convention on Migrant Workers must be considered as an
important ratification by countries.
Cover Photo: IOM - Thierry Fallse
