The Global Compact on Refugees and the Global Compact for Migration

Abstract

In a statement, Secretary-General António Guterres welcomed the Global Compacts, by calling them ‘a significant achievement’. He said it reflected ‘the shared understanding by Governments that cross-border migration is, by its very nature, an international phenomenon and that effective management of this global reality requires international cooperation to enhance its positive impact for all’. The twin Compacts have propagated the idea of migration as a positive feature, a potential for growth evolved which is a significant departure from the idea of migration as a human tragedy or as an existential threat to the receiving societies. The Compacts have created strong initial momentum in areas not addressed before by earlier Conventions and which would have clear potential to change the lives of migrants and refugees. In this vein, the primary objective of this chapter is to identify the interactions between the two Global Compacts and look for possible solutions to existing challenges that vulnerable refugees and migrants face. The central thesis of this chapter is to provide the solutions that would outweigh the potential shortcomings of the twin Compacts and, as a result, enhance compliance of States with the Compact’s ‘guiding principles’ which are, inter alia, people-centeredness, international cooperation, national sovereignty, rule of law and due process, and sustainable development. In this pursuit, the chapter alludes to India’s decision to sign on to both the Compacts, which came as a real surprise in the face of the country’s persistent historical reluctance to sign international conventions relating to migration and refugee law issues. Even though India has been the home for a large number and variety of refugees throughout the past, India has dealt with the issues of ‘refugees’ on a bilateral basis. In conclusion, this chapter suggests that by championing the objectives and ‘guiding principles’ of the two Compacts, India now has the opportunity of advancing its foreign policy goals by steadfastly committing itself towards the defence of human rights in the near neighbourhood.