A/59/377
C.
Towards a rights-based migration management
47. Exploring new forms of migration management is currently a priority on the
international political agenda of the many intergovernmental consultative processes
established to that end. The Special Rapporteur therefore considers that it would be
a good idea to share with the General Assembly a number of thoughts on the matter.
48. The objective of these forums, which are generally informal in nature, is to
adopt legally non-binding political frameworks that facilitate effective cooperation
among States in the management of migratory flows. Consultative processes have
given a multilateral perspective to migration management, which until recently has
been dominated by bilateral agreements; they encompass almost all the regions of
the world, with the exception of central and eastern Africa, the Middle East and the
Caribbean. The most important of these forums include: Migration Dialogue for
Southern Africa and Migration Dialogue for Western Africa; Regional Conference
on Migration, also known as the Puebla Process, and South American Conference
on Migration (Lima Declaration Process); Budapest Group and Conference of the
Commonwealth of Independent States (CIS); Conference on Western Mediterranean
Cooperation (Five plus five); Manila Process, Intergovernmental Asia-Pacific
Consultations on Refugees, Displaced Persons and Migrants, Bali Ministerial
Conference on People Smuggling, Trafficking in Persons and Related Transnational
Crime (Bali Conference); Intergovernmental Consultations on Asylum, Refugee and
Migration Policies in Europe, North America, and Australia.9
49. In addition, as the European Union completes its process of harmonizing
immigration and asylum policies under the close watch of non-governmental
organizations, two highly significant projects will publish their final reports in the
coming months: the Berne Initiative and the Global Commission on International
Migration. The former, which is backed by the Swiss Government and for which
IOM serves as secretariat, seeks to be a forum for intergovernmental cooperation on
migration management at the global level. On 2 and 3 July 2003, the Berne
Initiative consultations were held in the Swiss capital; these consultations were the
first step towards drawing up a framework of governing principles to facilitate
cooperation among States with a view to managing international migration. This
framework — known as the International Agenda for Migration Management — is
being drawn up through a series of regional consultations during 2004 and will, in
principle, be adopted at the end of the year during the Second International
Symposium on Migration (Berne II). The Agenda will include a set of common
principles on migration identified by States and other stakeholders, as well as a
compilation of effective migration management practices.10 Unlike the Berne
Initiative, which is a State-owned process, the Global Commission on International
Migration is an independent body, and its co-Chairs and commissioners carry out
their duties with complete independence. The overall aim of the Commission, which
was officially launched on 9 December 2003, is to provide the framework for the
formulation of a coherent, comprehensive and global response to international
migration. One of the key areas of its mandate, which was developed by a Core
Group of States, is to analyse gaps in current migration policies. By mid-2005, the
Global Commission will present, for the attention of the United Nations SecretaryGeneral and other stakeholders, a series of recommendations aimed at strengthening
international governance of migration at the national, regional and global levels.11
15