Statelessness as a Product of Slippery Statecraft
procedure. The Global Compact for Safe, Orderly and Regular Migration was
created through an extensive series of consultations and intergovernmental
negotiations, led by the Special Representative for International Migration, Louise
Arbour, and with prominent influence of the International Organization for
Migration (‘IOM’), which officially became a UN-related agency at the New York
Summit in 2016. 126 The final draft of the Global Compact on Migration was
released in July 2018, and was adopted at an intergovernmental conference in
Marrakech, Morocco in December 2018. 127
Consultation proceedings and notes from participant observation during this
process suggest that the ongoing tension between neoliberal migration
management and human-rights based approaches to migration governance
continue to play out. Whereas the IOM approach emphasises safe and orderly
migration in line with neoliberal concerns, OHCHR, International Labour
Organization (‘ILO’), UN Women and NGO coalitions came together in the first
of six thematic sessions to discuss ‘[h]uman rights of all migrants, social inclusion,
cohesion, and all forms of discrimination, including racism, xenophobia and
intolerance’. 128 Child statelessness featured in the issue brief prepared for that
session, as a specific need related to the human rights of migrants in vulnerable
situations: ‘For children born in a migratory context, there may be a risk of
statelessness due to the additional hurdles they may face in establishing their
nationality’. 129 Yet again, the corresponding solution put forth in the co-chairs’
summary report was narrow in focus, in line with UNHCR’s action points: issue
birth certificates to avoid statelessness.
Relevant language on ensuring all migrants have proof of legal identity and
adequate documentation did make it into the final draft. This includes
strengthening measures to reduce statelessness by registering migrants’ births. 130
At the same time, the final wording limits states’ commitment to ‘fulfil the right
of all individuals to a legal identity by providing all our nationals with proof of
nationality and relevant documentation’. 131 During the intergovernmental
negotiations on the zero draft of the compact, the Israeli delegation was observed
to be leading a chorus of states pushing back against a clause calling for universal
birth registration for migrants’ children, claiming that their duty was only to
nationals. 132 While the Global Compact on Migration is an important
complementary framework for protecting the right to a nationality, this kind of
contradictory language may water it down considerably. Upholding a humanrights based approach, while also respecting state sovereignty has never been a
straightforward task. As this paper suggests, some states continue to affirm the
latter in order to shirk their responsibility for upholding the human right to a
nationality.
126 United Nations ‘Global Compact for Migration’ <https://refugeesmigrants.un.org/migration-
compact>.
127 ibid.
128 Issue Brief 1: Human Rights of All Migrants, Social Inclusion, Cohesion and all Forms of
129
130
131
132
Discrimination, Including Racism, Xenophobia and Intolerance (Brief, United Nations, May
2017).
ibid 5.
Global Compact on Migration (n 117) [20](e).
ibid [20].
Participant Observation Notes (International Migration Research Centre, New York, April
2018).
151