The 2030 Sustainable Development Agenda was launched in 2015.v Migrant civil society successfully lobbied,
in conjunction with international agencies and other stakeholders, to ensure that migrants and migration would
appear explicitly in the Agenda. This is reflected in Target 10.7, to facilitate ‘safe, orderly and regular
migration’, and in references throughout the text to the need for non-discrimination according to migratory
status for example.
During this period, there was also growing concern about emergency migration. This led to the decision to
hold an emergency summit to respond to ‘large movements of refugees and migrants’ globally. It was held in
September 2016 at the UN Headquarters in New York. The New York Declaration, its outcome document, set
the parameters for the development of two ‘compacts’.vi The first would relate to refugees (GCR).vii The
second would be for ‘safe, orderly and regular migration’ (GCM). Neither of these will be binding treaties,
but rather statements of commitment.
The GCM has been developed in three phases: consultation, stock-taking, and negotiation. Following
consultation with a range of stakeholders, the zero draft of the GCM document was produced. The content of
this text was then negotiated from February to July 2018, to produce the final draft.viii This process will
culminate with a summit to adopt the final text in Marrakech in December 2018. As well as the creation of the
GCM and the GCR, this period represents a significant reorganisation of global migration governance
institutions. At the 2016 Summit, the International Organisation for Migration (IOM) was officially made into a
related agency to the UN. The IOM has played a driving role both in the GCM process and in re-designing
institutional structures, such as the ‘UN Migration Network’, the format of which will soon be announced. This
period of significant change represents an opportunity for advocacy and for reframing how statelessness is
addressed in global migration governance.
Statelessness in the Compact
Statelessness has long been largely absent from considerations relating to global migration governance. This
also reflects a broader absence of statelessness from global policy frameworks and relative ignorance of
statelessness among global actors.ix Yet statelessness is addressed in the New York Declaration and in the
drafts of both the global compacts. The annexed Table 1 shows the different ways this is done and how it has
changed through the drafting process. While the zero draft of the GCR addressed statelessness weakly, the
final draft is more extensive and takes a stronger, more explicit, rights-based focus. The evolution in the GCM
has gone in the other direction.
Published following the consultation period, the content of the zero draft of the GCM, while imperfect, was
stronger and more rights-focused than many observers anticipated. It formalised the consideration of
statelessness in the context of global migration governance. It also offered concrete ways to improve
conditions for stateless persons and those at risk of statelessness, and to avoid risk of statelessness. This
attention to statelessness is contained within Objective 4 of the GCM which relates to legal identity and
documentation. The final draft of the GCM differs in key ways.
There are some things to be celebrated in the final draft. For a start, it still recognises the need to consider
statelessness in global migration governance. The document also includes recognition of the obligation under
international law to eliminate gender discrimination in nationality laws. It will be important to build upon this,
as well as the material set out in the zero draft, during the implementation phase.
However, there is also reason for both disappointment and serious concern with the final draft of the GCM,
and specifically with regard to Objective 4 to ensure that all migrants have proof of legal identity and
adequate documentation. As can be seen in the annexed Table 1, it retracts in almost every dimension from
commitments in the zero draft both to protect the rights of stateless persons and to avoid the risk of
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