National Policies on Immigration Detention and the Global Compacts: A Comparative Analysis of Canada and France

Abstract

ABSTRACT The adoption of the Global Compacts on Migration and Refugees in 2018 marked a turning point in international migration governance. According to objective 13 of the Global Compact for Migration, States Parties have committed to use immigration detention as a measure of last resort and work towards alternatives. As for the Global Compact on Refugees, States Parties and relevant stakeholders also pledged to contribute to the development of non-custodial and community-based alternatives to detention, particularly with respect to children. Five years later, the enhancement of human rights protection for migrants, refugees, and asylum seekers within national territories remains a challenge. We argue that two states of the Global North – Canada and France – are actually using the Global Compacts to push forward their own agenda on the international scene, as a tool to influence other states. Even if Canada and France have engaged in multilateral discussions on the regulation of migration and the protection of refugees through soft law instruments, we find that national practices have not been altered since 2018. As such, this paper will demonstrate that the implementation of the Global Compacts is, in fact, used to advance foreign national policy for both states.