The Human Rights of Non-citizens
7
The United Nations has recognized this crisis of global governance regarding
international migration and systematic violations of non-citizens’ rights taking place
around the world. In September 2016, the United Nations initiated a summit to
convene world leaders and representatives of UN and nongovernmental organizations to make international migration, and particularly the situation of refugees, an
international priority. The New York Declaration created a framework for future
deliberations and, by late 2018, many UN member states had developed and agreed
to a Global Compact for Safe, Orderly and Regular Migration (GCM) and a Global
Compact on Refugees (GCR).27 Although these compacts have been heralded as
important steps in international law, it remains to be seen how they will guide
international migration policy and practice at the national and supranational
levels. The GCM highlights that human rights norms and processes are fundamental to the compact:
The Global Compact is based on international human rights law and upholds the
principles of non-regression and non-discrimination. By implementing the Global
Compact, we ensure effective respect for and protection and fulfilment of the
human rights of all migrants, regardless of their migration status, across all stages
of the migration cycle. We also reaffirm the commitment to eliminate all forms of
discrimination, including racism, xenophobia, and intolerance, against migrants
and their families.28
The UN General Assembly passed a resolution affirming the Global Compact on
Refugees on December 17, 2018.29 The preamble highlights that the agreement
demonstrates states’ and other stakeholders’ “political will and the ambition to
operationalize the principle of burden- and responsibility-sharing” and to “mobilize
the international community as a whole.”30 Peter Nyers charges that these compacts
reflect a form of “humanitarian hubris” by assuming the need to “manage migration
and asylum in the first place” and that “governments and international agencies are
capable of managing global movements in a ‘safe, orderly, and regular’ manner.”31
Nyers points to another source of hubris as “the precept that protecting the interests
of host states – states of refuge – should be a leading objective of the global
compacts.”32 This latter critique is a central concern running through the chapters
United Nations, “Global Compact for Safe, Orderly and Regular Migration, A/RES/73/195,”
December 19, 2018, www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/73/195; “ILO
and IOM Sign Agreement to Strengthen Collaboration on Migration Governance,” October
23, 2020, www.iom.int/news/ilo-and-iom-sign-agreement-strengthen-collaboration-migrationgovernance.
28
United Nations, “Global Compact.”
29
Ibid.
30
Ibid., p. iii.
31
Nyers, “Humanitarian Hubris,” p. 172.
32
Ibid.
27
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press