High-Level Dialogue on International Migration and Development
Sumario: High-Level Dialogue on International Migration and Development (5 September 2006, Brussels)
The High-Level Dialogue on International Migration and Development will take place on 14-15 September 2006 in New York at United Nations Headquarters during the sixty-first session of the General Assembly. The purpose of the High-Level Dialogue is to discuss the multidimensional aspects and linkages between international migration and development. The aim is to identify appropriate ways and means to maximize the development benefits of migration and to minimize its negative
impacts.
The High-Level Dialogue will result in a Chairman's summary. Any binding decisions shall not be negotiated.
In addition to the plenary meetings, the High-Level Dialogue will hold four interactive round tables, as follows:
Round table 1: Effects of international migration on economic and social development
Round table 2: Measures to ensure respect for and protection of the human rights of all migrants, and to prevent and combat smuggling of migrants and trafficking in persons
Round table 3: Multidimensional aspects of international migration and development, including remittances
Round table 4: Promoting the building of partnerships and capacity-building and the sharing of best practices at all levels, including the bilateral and regional levels, for the benefit of countries and migrants alike
The European Union has prepared an EU position as a contribution to the preparations for the High-Level Dialogue. The position was adopted at the General Affairs and External Relations Council on 17 July, 2006.
Preparation of the United Nations' High Level dialogue on International Migration and Development, (New York, 14-15 September 2006)
EU Position
I. INTRODUCTION
1. The European Union welcomes the organisation by the United Nations of the High Level Dialogue on International Migration and Development (HLD) and the report of the Secretary-General of 18 May 2006. With globalisation and demographic change we are facing a new era. Thus, with almost 200 million international migrants in the world it is necessary to enhance dialogue and cooperation between governments in order to act in a more coherent way. The EU firmly believes that the HLD can make an
important contribution to helping participating countries and organisations make migration work better for development.
2. The European Union is paying increased attention to the interrelationship between migration and development and considers migration both an integral part of the development agenda and the development aspects an important element in migration policies. An important step can be taken towards the ultimate goal which is migrants should be able to migrate out of choice rather than out of necessity. The EU is convinced that the links between migration and development are complex but that
migration, when managed effectively, can have a substantial positive impact both for the country of destination and for the country of origin. A coherent approach in this context is important. Internal and external policies cannot be approached separately.
3. The European Council, in its Conclusions on 15-16 December 2005, underlined the need for a balanced, global and coherent approach, in cooperation with third countries, harnessing the benefits of legal migration, and covering policies to combat illegal immigration. It recalled that migration issues are a central element in the EU's relations with third countries. The EU commitment to support the development efforts of countries of origin and transit is also part of a long-term process to
respond to the opportunities and challenges of migration. In this regard, the European Council recognised the importance of addressing the root causes of migration, for example through the facilitation of livelihood opportunities and the eradication of poverty in countries and regions of origin, good governance and the protection of human rights. Every government should see it as their responsibility to create and sustain a society where their citizens, in particular the youth, can secure a
livelihood and build a future. It must be a viable option to stay in one's country. Migration can become a voluntary decision only when freedom of choice and human rights are secured in the country of origin. The EU also recognises the need for short-term action in order to deal with trafficking and smuggling in human beings and other acute problems.
4. The Commission Communication setting out its contribution to the EU position for the HLD provided a useful contribution to this common position. It presents a synthesised overview of EU policies in the areas that will be addressed at the HLD and suggests some orientations concerning the follow-up to the HLD and in particular the proposed Global forum.
5. The European Union believes that it is important that the positive and negative aspects of migration are always considered both from the perspective of countries of origin, transit and destination as well as of migrants themselves. The HLD should address possibilities of generating policy coherence at international, regional and national levels, e.g. through promoting better integration of the impact of migration into development policies in respect of developing countries, and developmental
aspects into migration strategies. Non-state actors at all levels should also be consulted.
6. The EU believes that the HLD should focus on thorough discussion concerning the various issues and lessons learned on multidimensional aspects of international migration and development in order to identify appropriate ways and means to maximise the development benefits of migration and minimise its negative impacts. The planned round tables, with their less formal setting, should help achieve this objective. The following are the EU views on the key issues related to the four themes of the
Round Tables.
II. ROUND TABLE 1: THE EFFECTS OF INTERNATIONAL MIGRATION ON ECONOMIC AND SOCIAL DEVELOPMENT
7. Development cooperation is aimed at eradicating poverty and the achievement of the Millennium Development Goals (MDGs) including education and health, through sustainable development policies and promotion of good governance and human rights. The EU recognizes that, in the long term, development constitutes the most promising response, in term of sustainability, to the increasing movements of population.
8. Actions in support of the MDGs can address some of the structural causes of migration, and migration can positively influence the achievement of the MDGs. More consideration should be given both on how migration issues can be integrated into the poverty reduction strategies (PRSPs) or other national development strategies of the partner countries and on how donors can support partners' priorities in this respect.
9. Migration is strongly linked to a range of major policy issues such as trade and economy, employment, environment, health, security, agriculture and fisheries, urbanisation and regional planning. Thus better coherence of policies is needed and so is an enabling environment conducive to the promotion of investment, trade, employment and sustainable economic growth. Migration can benefit poverty reduction and development through the increased income potential of poor families with members
abroad by generating the investment potential of remittances and the skills and knowledge of returning migrants. Migrants´ initiatives for the development of their regions of origin are important. How well this potential can be tapped depends on the policies of governments in both countries of origin and destination.
10. While there is a need to maximize the contribution that migrants may make to poverty reduction and development in their countries of origin, the positive contribution that migrants make to the country of destination must also be recognized and enhanced.
11. The incorporation of a gender sensitive perspective in all policies and programmes on international migration and development is crucial in reinforcing the positive contributions that migrant women can make to the economies of their countries of origin and the countries of destination.
12. Opportunities for children and youth regarding education and for young adults regarding employment should be emphasised in the development policies. Education and professional formation are a key to development.
13. Migrant workers can contribute more easily to the development of their country of origin as well as of destination, when their human and labour rights are respected. Labour migration policies need to be supported by measures to prevent abusive practices and promote decent and productive work for all migrants. Temporary migration is a phenomenon which has an increasing role because of the rapidly changing labour markets. Better information should be promoted on the possibilities of legal
migration and the risks of illegal migration.
14. The EU emphasises that policy responses to brain drain need to be incorporated in poverty reduction and other development strategies and tailored to the specific needs and challenges of each affected country, working in partnership with the countries concerned. These responses could consist of more ethical and disciplined recruitment policies, development actions or training in the regions or sectors affected, and the use of circular migration possibilities. One of the key sectors is the
health worker mobility, which needs to be addressed through comprehensive national strategies as well as international action. Such action must commit to ensure that investments in developing countries support strengthening of the overall health system performance capacity, not just the building up of HIV/AIDS, TB and malaria services.
15. Circular migration can play a useful role in fostering the transfer of skills to developing countries. Mechanisms and channels that facilitate circular migration as well as recruitment policies that take into account the specific need of the countries of origin should be considered. Among the issues to be addressed in this area, is the question of how to effectively regulate and manage forms of circular migration. In addition, returned migrants can contribute to the economic and social
development of their countries of origin through investment, entrepreneurship, and through the application of experience gained abroad. Mechanisms such as training programmes and internships - which enable the professional growth and the strengthening and up-dating of competencies - should be promoted.
16. Large numbers of people continue to engage in 'south-south' migration, moving from one developing country to another. Capacity building in migration management should be provided to destination countries in the South in order to ease the problems caused by such migration and to maximise the benefits.
III. ROUND TABLE 2: MEASURES TO ENSURE RESPECT FOR AND PROTECTION OF THE HUMAN RIGHTS OF ALL MIGRANTS, AND TO PREVENT AND COMBAT SMUGGLING OF MIGRANTS AND TRAFFICKING IN PERSONS
17. The EU is committed to protect the human rights of migrants, particularly of women and children. This would allow for greater protection of women and girl migrants from violence, discrimination, trafficking, exploitation and abuse. The EU underlines the importance of the implementation and non-discriminatory application of the six core human rights instruments. As states are on the one hand sovereign to decide who enters and stays in their territories, they must, on the other hand, conduct
these decisions in line with international law and obligations, among those the right to apply for asylum.
18. The fight against illegal migration and in particular against trafficking and smuggling of human beings is central to protecting the human rights of migrants and to eradicate forced and bonded labour. States should enhance efforts to criminalize trafficking and smuggling in their national legislation and to punish the perpetrators of these crimes as well as to offer protection and rehabilitation to the victims of trafficking. The EU supports coordination and cooperation with international
and regional organizations and recognizes the importance of international legal instruments such as the relevant Protocols to the UN Convention on Transnational Organised Crime. If trafficking of people is to be effectively prevented, the causes of trafficking such as poverty, social exclusion, discrimination against women and girls and inequality need to be addressed. It is also necessary to address the demand factor for trafficked persons in receiving countries. Potential migrants should be
informed about the risks of irregular migration and trafficking.
19. The EU underscores that effective return policies are required. All such returns should be undertaken in a manner that is safe, dignified and humane, with full respect of human rights.
20. A very special case of international migration is the movement of refugees. Refugees, however, enjoy a special legal status in accordance with international law. The question of refugees and internally displaced persons is often a direct result of the violation of their human rights and can exert a great pressure on developing countries. In this context, development cooperation can contribute to open sustainable solutions for refugees, so that the burden of a long lasting refugee situation
on the local population can be alleviated. The European regional protection programmes support countries of origin and transit in building their capacities to protect people in need of international protection, in accordance with international law and standards. These programmes aim, among other goals, at local integration leading to the ability of refugees to cope with their economic and social future. They also facilitate voluntary return of refugees, as well as, alternatively, their
resettlement in a third country. Protection of refugees and internally displaced persons forms an integral part of migration policy.
IV. ROUND TABLE 3: THE MULTIDIMENSIONAL ASPECTS OF INTERNATIONAL MIGRATION AND DEVELOPMENT, INCLUDING REMITTANCES
21. The EU agrees on the importance of remittances and of exploring possibilities of enhancing their developmental impact, bearing in mind their private nature. Remittances must not be seen as a substitute to official development assistance (ODA).
22. The effects of remittances on long-term economic growth and development still need to be further researched, including from a gender perspective. On the one hand, to the extent that remittances can finance education, health, local infrastructure and increase investment, they might propel growth. On the other hand, there is also a risk that over-reliance on remittances may create dependency which would hamper development. Remittances are likely to be used more effectively in countries with a
good investment environment, sound financial and legal systems, and effective and accountable institutions.
23. The EU has identified two main areas for policy action on remittances: making transfers of remittances cheaper, faster and safer, and enhancing their development impact in recipient countries. There are a number of best practices and lessons learned worldwide that could contribute to a further development of the policies on remittances.
24. Besides the remittances, the EU pays special attention to the transfer of know-how, technology and institutional knowledge.
25. The EU recognises the diaspora as an important potential actor in the economic and social development of countries of origin. This role of diaspora needs to be facilitated, including through co-development actions, recognizing the importance of early actions which promote integration in this regard. Special emphasis is needed on co-development based on promoting development and integration in countries of origin, transit and destination, with migrants being able to have a leading
role.
26. Migrant entrepreneurs can make a positive impact in the development of countries of destination and, through contacts and investments, to the countries of origin as well. The diaspora networks can mediate between countries of origin and destination and, when well integrated, become an enrichment in the receiving societies. Policies are needed to facilitate integration including resolute action by governments against discrimination, racism and xenophobia.
27. The EU also supports programmes which foster the mobility and temporary return of members of the diaspora with the necessary skills in their countries of origin, in order to contribute to capacity building in their countries of origin in critical areas in which these countries identify important competence gaps, as for instance is done through the MIDA project of IOM and TOKTEN of UNDP. It is important that these members of the diaspora retain all their rights in the countries of
destination.
V. ROUND TABLE 4: PROMOTING BUILDING PARTNERSHIP AND CAPACITY-BUILDING AND SHARING BEST PRACTICES AT ALL LEVELS, INCLUDING AT THE BILATERAL, REGIONAL AND MULTILATERAL LEVELS, FOR THE BENEFIT OF COUNTRIES AND MIGRANTS ALIKE
28. The regional cooperation that has arisen through consultative processes is welcomed and should be enhanced. Consultative processes provide a level of informality that facilitates dialogue and exchange of information, and by bringing together countries of origin, transit and destination as well as different governmental departments foster coherence, coordination and cooperation internationally and nationally.
29. The EU pays special attention to regional approaches. Migration and development are increasingly discussed with the Mediterranean and African as well as with the ACP partners. The question is also on the agenda in the dialogue with Latin American and Asian partners. The latest successful initiative in this area was the Euro-African Conference on Migration and Development which was held in Rabat on 10-11 July, 2006.
30. Efforts to enhance consultation and coordination between states, including through the sharing of information and best practices, should be pursued regionally and internationally. Best practices and shared models of migration management need to be supported and implemented. In this respect, bilateral agreements between countries of origin and countries of destination, jointly managed technical assistance projects, as well as multilateral dialogues can play an important role. The regional
hearings of the Global Commission on International Migration (GCIM) were the first successful attempts to put the issue of migration on the international agenda. The HLD provides a welcome opportunity to discuss the issues of partnership and capacity building.
31. In line with the GCIM's recommendations, improved cooperation and more effective dialogue and cooperation between international organizations in the area of migration is necessary, especially with a view to coordinating the work in the field of migration and development to achieve a more coherent way of working and to avoid overlapping and duplicating of work. The Global Migration Group (GMG), which was set up to serve as an inter-agency coordinative body within the UN system should aim at
enhancing cooperation and coherence among the organisations. It is important that the GMG is a transparent, well-organised and well-functioning body, and it should aim at increased efficiency on migration issues across the international organisations.
32. The EU is committed to capacity building. Given the horizontal nature of migration, one major challenge is to identify common objectives and working arrangements between the different national administrations and all stakeholders, also fostering the interaction between national and European programmes. Capacity building can help the partner administrations, civil society and institutions to assume their responsibility for all aspects related to migration management and to engage in dialogue
with all stakeholders. Capacity building should be fostered and encouraged at all levels, especially with developing countries that have actual large migratory in- or out-flows or need support for proper management of migratory flows.
33. Participation of civil society organisations (NGOs, private sector, social partners, universities, diaspora communities, religious communities, etc.) in migration and development policy is of vital importance, not least since civil society often acts as an implementing partner of policy on migration and development. Civil society plays an important role, especially in promoting integration and employment, preventing discrimination as well as strengthening good ethnic relations in the
society.
VI. FOLLOW UP TO THE HIGH LEVEL DIALOGUE
34. The EU believes that the HLD should not be an end in itself, but is rather a part of continuing process. The issue of the follow-up to the HLD will therefore be a crucial one. Improved coordination between the various UN Agencies and other international and regional organisations that deal with migration is essential. In this respect, the EU would not support the creation of any new UN institutions but calls instead for a better use of existing UN institutions and processes. The General
Assembly and ECOSOC should also be invited to pursue the intergovernmental dialogue on international migration and development in a more effective manner.
35. There is also an important role to be played by the UN Member States as part of the follow-up to the HLD. In this respect, the EU would like to further discuss in more detail the suggestions contained in the Secretary-General's report about the proposed global forum. If consensus on establishment of an informal forum is reached, the EU believes that the forum should be informal, voluntary, and driven by interested UN Member States and participants. It should also be purely consultative,
focusing on exchange of experiences and good practices on how to make migration work for development, and should in no case lead to a negotiated outcome. It should also not duplicate the existing arrangements. The work of any forum that might be established should be closely coordinated with the work of GMG.
36. Furthermore, the EU believes that the overall follow-up of the HLD should be comprehensive and cover multiple aspects of international migration in the development context. All existing institutions are encouraged to develop their work on migration and development. The follow-up should, to start with, focus on a few, concrete issues.
37. The EU believes that such a follow-up process could help foster fruitful exchanges of experiences between countries and regions across the globe on how to respond to the opportunities and challenges of migration and in particular on how to make migration work for the development.
The Commission has also issued a Communication to the EU position for the High-level Dialogue.
Brussels, 14.7.2006
COM(2006) 409 final
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
Contribution to the EU Position for the United Nations' High Level Dialogue on Migration and Development
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
Contribution to the EU Position for the United Nations' High Level Dialogue on Migration and Development
1.INTRODUCTION
In recent years increasing attention has been paid to international migration, to its management and to its impact on economic and social development both in countries of origin of migrants and in their countries of residence - not least against the background of demographic change, ageing societies and skill shortages in the industrialised world, on the one hand, and strong population growth combined with often insufficient job creation potential, low career prospects and persistently high
unemployment in the developing world.
In addition, the consequences of migration on migrants themselves, their rights and their welfare, have also become an important concern for the international community. This has been reflected at the UN level: international migration and its links with development was one of the main subjects addressed during the 1994 Cairo Conference on Population and Development, and in the aftermath of the Conference this issue has been tackled on various occasions in the UN framework, notably in the
Economic and Social Council.
International migration is one of many expressions of the trend towards increasing globalisation. In this perspective, the European Union decided to progressively set up an EU policy on immigration and asylum, as common challenges call for common responses. With the coming into force of the Amsterdam Treaty on 1 May 1999, immigration policy became subject to EC decision-making rules. On that basis, the Tampere Programme, adopted by the European Council in 1999 , marked the start of the setting
up of a common EU policy on immigration and asylum. Five years later - in November 2004 - the Hague Programme took stock of the achievements and shortcomings so far while setting up an ambitious work programme for the coming five years. Implementation of the Hague programme is now well underway.
The European Community is an important actor in the global debate on international migration, not least because EU immigration policy includes a significant external dimension. In that framework, the European Commission, representing the Community, has started a comprehensive dialogue on migration-related issues with a broad range of third countries and regional organisations, covering issues that include the linkages between migration and development, the fight against illegal immigration and
human trafficking and the strengthening of protection for asylum seekers and refugees. More such dialogues will be launched in the near future. In addition, the Community is providing financial assistance to a number of non-EU countries to help them increase their capacity to manage international migration, notably in the framework of the AENEAS funding programme , and it is working - in partnership with the countries concerned - towards integrating migration concerns into its geographical
development and cooperation programmes, including by addressing the root causes of emigration, notably through an external programme for human and social development . Successful implementation of these and similar initiatives is done in close collaboration with Member States because only by working jointly and by pulling the resources together tangible results can be achieved.
The EU is committed to ensuring that fundamental rights of migrants and refugees are respected and that migrants in host societies are able to benefit from a mutual process of adaptation and integration. It supports the full implementation of UN conventions in the area of the fight against all sources of intolerances, of the promotion of the diversity of cultural expressions in societies, and more generally all UN initiatives aimed at nurturing a human rights culture based on education of
mutual respect and understanding between civilizations.
The Commission, on behalf of the Community, welcomes the decision of the General Assembly of the United Nations to organise a High Level Dialogue on Migration and Development on 14-15 September 2006, in the framework of its 61st session. In light of the increasing importance of international migration it considers this initiative as extremely timely. Through this paper the Commission wishes to share this experience on these topics and make some suggestions in the context of the High Level
Dialogue (hereafter HLD) .
2.IMPORTANT ISSUES TO BE ADDRESSED
On the basis of the documents prepared by the Secretariat-General of the United Nations and of preparatory discussions so far, the EU would like to address a number of issues. Most of these issues were also dealt with in the report by the Global Commission on International Migration (GCIM) . This report contains a number of useful recommendations that are a positive contribution to discussions in the framework of the HLD, for example on labour migration, the linkages between migration and
development, integration and the question how to respond to the challenges of illegal migration. Asylum issues, which do not feature prominently on the agenda of the HLD, are not addressed here. However, the EU regards these issues as very important and is developing a comprehensive policy to respond to the challenges they raise.
2.1.Partnerships for a shared responsibility
The EU believes that managing migration is a shared responsibility of countries of origin, transit and destination. This is all the more important as the distinction between these three categories of countries becomes increasingly blurred. Shared responsibility calls for enhanced cooperation between States to better manage migration, taking into account the interests and concerns of all countries involved. The Commission believes that such mechanisms offer a flexible, non-binding framework for
identifying solutions to shared challenges, from fighting trafficking in human beings to improving the channelling of migrants' remittances and fostering 'brain gain' and 'brain circulation'.
In the framework of its broader cooperation agreements, the EU has developed a dialogue on migration-related issues with various countries and regions in the world. The European Neighbourhood Policy, which covers countries in Eastern Europe and the Southern and Eastern Mediterranean, is a case in point, and other dialogue processes are underway with partners in Africa, Asia, Latin America and the Caribbean . Such dialogue typically covers a broad range of issues, including for example the
linkages between migration and development, integration and treatment of migrants in their countries of destination, economic migration, the fight against illegal migration and trafficking in human beings, the situation of asylum seekers and refugees, the impact of refugee situations on development and more generally joint efforts to better manage economic migration. It can also lead to the provision of EU assistance through thematic and country-specific programmes to help partner countries
build their capacity to better manage migration flows and to maximise the positive linkages between migration and development.
Capacity building underpins this political dialogue. Third Countries have to define common objectives and working arrangements between the different national administrations and all stakeholders including civil society to respond to the challenges of migration. They can be assisted in this process which could result in the emergence of national migration strategies and action plans with a clear time frame and related budgetary planning.
Working with African States and regional organisations is a current priority of the Community. The European Council Conclusions of December 2005 set out a list of priority actions to be implemented in the course of 2006, with a view to increasing dialogue and cooperation on the broad range of migratory issues between the EU and Africa . One specific initiative in this context is to bring together countries of origin, transit and destination, in particular those along a given 'migration route',
to address the challenges of migration..
2.2.Managing economic migration in the mutual interest of countries of origin and destination
The management of economic migration is closely linked to the debate on harnessing the synergies between migration and development. While economic migration, if well managed, benefits individual migrants and countries of destination, it can also make a positive contribution to the development of countries of origin - in the short term, through the transfer of remittances; in the medium or long term, through the valorisation of the skills, experience and social capital acquired by migrants in
host countries. This can be achieved through various means including voluntary return migration. However, definitive return is not always an attractive option for migrants, hence the current interest in the concept of circular migration with a view to promoting brain circulation. Such migration can take several forms, from temporary or seasonal migration to temporary or virtual migration schemes such as those managed by organisations including the International Organisation for Migration (IOM)
and the United Nations Development Programme (UNDP), and to which the Community and some of its Member States are actively contributing.
The Commission has set out orientations for facilitating voluntary return migration and encouraging circular migration in its Communication on migration and development and in its Policy plan on legal migration . The latter document, which sets out the Commission's work plan for the coming years in areas related to the admission of legal migrants, also includes other orientations that can be of interest to countries of origin, such as more accessible information on the possibilities and the
conditions for legal employment in the EU and the possibility of making assistance available to institutions that would provide training to would-be migrants in countries of origin, so that they can match the labour needs of EU Member States. Furthermore, the definition of clear and well-defined admission procedures for labour migrants should contribute to better managed migration flows in the interest of all parties concerned.
In some cases, however, economic migration to developed countries can create problems for countries of origin, by producing human resource bottlenecks in specific sectors or occupations. The Commission has started to identify possible responses, in particular mechanisms to discipline recruitment and promote ethical recruitment practices, monitoring mechanisms and support to partnerships between institutions in EU Member States and in developing countries. It has made more specific proposals
regarding the healthcare sector in a separate Communication . In addition, dealing with brain drain and mitigating the impact of skills losses will be one of the main topics in the dialogue on migration-related issues which the Community is launching with the African Union and a with number of individual countries in Africa, on the basis of article 13 of the Cotonou Agreement.
Moreover, economic migration is also a South-South reality, as it frequently occurs between developing countries, notably in the framework of regional integration initiatives, which the EU actively supports. While it can bring significant benefits, such migration also raises issues of administrative capacity in developing countries that call for adequate support.
Directly related activities include joint efforts to strengthen the social dimension of globalisation, to take full account of and mitigate employment and social impacts of trade policies and market liberalisation, and to promote decent work as a global goal.
2.3.Integration of third-country nationals
Effective integration policies are key to ensuring that migration works to the benefit of both host countries and the migrants themselves. As more and more countries in the world become host countries, the Commission believes that there is a case for encouraging exchanges of experiences on policies that work for integration.
The Community and its Member States have developed comprehensive policy approaches to the integration of migrants. A set of common principles has been identified by the Council and further developed by the Commission . The Commission has also published a Handbook on Integration for policy-makers and practitioners ; a new edition of this publication is foreseen towards the end of 2006.
In addition, several pieces of Community legislation which have recently come into effect will contribute to better integration of migrants, including the Directives on the status of third-country nationals who are long term residents and on family reunification . Further, Community legislation on discrimination is of direct relevance. The rules on racial and ethnic discrimination, in particular, cover a wide range of areas where unfair treatment against migrants might occur, including access
to jobs, working conditions, rates of pay and the rights and benefits linked to a job, access to education and training, to goods and services, social security benefits and health care.
Integration policies, and in particular the rights and treatment of third-country nationals, are already the subject of regular discussions between the Community and various third countries in the context of broader dialogue on migration-related issues. However, the Community is ready to share its experience and practices in this area with other interested countries and in international fora.
2.4.Combating illegal migration and human trafficking in full respect of fundamental rights
The distinction between legal and illegal migration is a fundamental feature of Community immigration policy. Combating illegal migration in all its dimensions is a necessary element of a managed migration programme.
Since 2001, a comprehensive approach has been developed that encompasses all stages of the migration chain, including cooperation with countries of origin and transit, border control, measures taken after illegal entry, and readmission and return policy. Such an approach is laid down in several Communications and Action Plans on illegal immigration, integrated border management and return policy.
An effective policy to reduce illegal immigration requires a mixed strategy, which contains measures aimed at both further harmonisation of Member States' legislation and at enhanced operational cooperation, as well as appropriate policies and incentives to promote economic growth and job creation in countries of origin. At the same time external factors are addressed through cooperation with countries of origin and transit. All measures proposed by the Commission in this field are subject to
an in-depth scrutiny to ensure that they are fully compatible with fundamental rights as general principles of Community law as well as international law, including refugee protection and human rights obligations derived from the European Convention on Human Rights. A particular emphasis is given to provisions dealing with procedural safeguards, family unity, and safeguards with respect to detention and coercive measures. The Commission is about to present a new Communication on illegal
immigration which will summarise EU policy in this area.
In order to effectively address human trafficking, an integrated approach is needed, taking into account its global nature and based on respect for fundamental human rights.
The persons concerned, their needs and rights are at the centre of the EU's policy against human trafficking. At the same time, the prevention of and the fight against human trafficking is an essential element of the Community's efforts to improve the checks and surveillance at the external borders and to enhance the fight against illegal immigration. Moreover, in accordance with Community legislation, Member States are encouraged - in order to improve the status of trafficked persons - to
grant to those third-country nationals who are victims of trafficking and who intend to testify against the traffickers a special residence permit and additional specific rights for the duration of the criminal proceedings . Finally, in this context, the Commission would recall its proposal for a Decision on the conclusion of the UN Protocols on human trafficking and migrant smuggling as soon as possible.
The EU is eager to intensify exchanges of experiences with other interested countries on best practices in the fight against human trafficking and in the treatment of victims thereof.
2.5.Making migration work for development
The potential for migrants to make a positive contribution to the development of their countries of origin is increasingly being recognised. The Commission believes that these issues, which have recently been the subject of discussions in various international fora, should be at the centre of the debates at the HLD.
Issues such as migrants' remittances and their possible contribution to the development of countries of origin, the role that can be played by diasporas and their members in contributing to the economic, social and human development of these countries, or the promotion of circular migration, are among those areas where the benefits of cooperation between countries of origin and destination can be greatest. For example, minimising the costs of remitting money can best be achieved if countries of
origin and destination work hand in hand. Likewise, Diaspora mobilisation is most effective if efforts are undertaken at both ends.
The Commission summarised the orientations it intends to follow in this area in a Communication adopted on 1 September 2005 . Whereas some of the orientations contained in this document can be introduced by the EU unilaterally (for example measures to increase competition and transparency in the market for remittance services, or measures in the area of residence rights), most can only be implemented in cooperation with interested countries of origin. With this Communication, the Commission
therefore proposes working with partner countries in the developing world to help them capitalise on the potential benefits that migrants can bring to their countries of origin. It is ready to integrate this objective in its development cooperation programmes with these countries, where appropriate and agreed. Funding has already been provided through the AENEAS programme, for example by supporting initiatives of Diaspora communities to contribute to the economic and social development of their
home communities and to facilitate the use of remittances for productive investments and development initiatives.
To really take advantage of these links and synergies it is important to ensure that short-term measures go hand in hand with a long-term approach, with migration policy and development policy properly integrated. In this context, migration is increasingly being incorporated into the Country and Regional Strategy Papers, which constitute the framework under which Community assistance to its developing country partners is programmed. This has contributed to a better understanding of the
migration and development dimension, and has allowed several developing countries to highlight issues such as addressing brain drain or the mobilisation of their Diasporas as priorities for future Community assistance.
Further, the availability of decent jobs, income opportunities and working conditions in sending countries, as well as the absence of conflict or of unsustainable pressures on the environment can help ensure that when an individual migrates, he or she does so out of choice. The EU's development policy addresses these and other push factors of migration, through its contributions - in partnership with developing countries - to poverty eradication, conflict prevention, economic development, trade
promotion, the promotion of human rights and good governance, the protection of the environment and its assistance towards attaining the Millennium Development Goals. The EU provides over half of the world's aid and has committed itself to further increase this assistance, together with its quality and effectiveness.
The Commission believes that the root causes of migration, as well as the way in which other development donors could increase their contribution to addressing them, should be discussed in the UN framework as well as the positive links and synergies that exist between migration and development policies. Indeed, the Commission believes that the links between migration and development offer significant potential for furthering development goals, without of course constituting a substitute for or
an alternative to Official Development Assistance.
3.AFTER THE HIGH-LEVEL DIALOGUE: THE WAY FORWARD
The Commission notes the Secretary-General's proposal to establish a Permanent Forum to share experiences as a follow-up to the HLD. The Commission believes that this Forum should take the form of an informal, voluntary and non-binding process under the auspices of the United Nations but driven by States and other relevant participants, in which views and experiences could be exchanged on a number of migration-related issues which have a direct impact on development and show a potential for
producing win-win outcomes for all participants in the migration chain, and in particular countries of origin.
The Commission believes that the various issues addressed in the report are relevant to improving the management of international migration. However, it also believes that the proposed forum would have greater added value if it were to concentrate its work as a matter of priority on those issues where there is a potential to achieve concrete progress for the development of countries of origin, based on the actual experiences of participating States and organisations, for instance:
- policies and actions to foster the contribution of migrants to the development of countries of origin, including through remittances;
- policies and actions to improve the management of economic migration - including South-South migration - in the mutual interest of countries of origin and destination;
- policies and actions to limit brain drain and to foster circular, temporary, seasonal and virtual migration;
-policies and actions to fight illegal migration and human trafficking;
-as well as initiatives aimed at helping build capacity in these various areas.
In addition, the Commission believes that it is important to concentrate on reinforcing the efforts that are already underway to improve coordination between the various UN agencies and other international organisations active in the area of migration management. In this respect, the Commission welcomes the setting up at the initiative of the Secretary-General of the Global Migration Group. It expects a simplification of the institutional setting, as well as a process of reinforced, regular and
transparent coordination of the main international organisations on migration related issues and would welcome further information on the role and functioning of this Group.
4.CONCLUSION
International migration has become an important issue on the policy agenda of the international community and this is likely to remain so for the foreseeable future. The Commission hopes that through political dialogue and exchange of best practices at the international level, the High Level Dialogue will start a process, towards a global consensus on how to improve the linkages between migration and development. In this perspective, it is ready to play an active role in the work of the High
Level Dialogue and to contribute to the debate on the kind of follow up that should be put in place.
High-level Dialogue web site
http://www.un.org/esa/population/hldmigration
Global Commission on International Migration
http://www.gcim.org/en/
- Ref: CL06-172EN
- Fuente UE: Consejo
- Foro NU:
- Fecha: 5/9/2006
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