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directives concerning third-country nationals have been adopted on such issues as
high-skilled labour migration and family reunification, and a draft directive on
seasonal workers is being negotiated. The European Union migration policies also
have an external dimension through the Global Approach to Migration and Mobility.
67. Despite the high level of integration, the individual European Union member
States continue to have the jurisdiction to decide on the number of migrants they
wish to admit to their territory. The European Union thus provides an interesting
example of how States’ sovereignty can be maintained while at the same time
engaging in significant joint governance processes in the field of migration. While
there are serious issues that require improvement in the European Union, including
in relation to border management and the human rights of migrants in an irregular
situation, 7 European Union initiatives have led to some important advances,
particularly for regular migrants.
68. While other regions have already implemented, to varying degrees, free
movement zones, the European Union’s free movement for citizens of European
Union member States can serve as an illustrative example for other regional
organizations in terms of exploring how to enhance free movement within their
region.
Regional consultative processes 8
(b)
69. Unlike the European Union, which adopts binding legislation and decisions
with which its member States need to comply and whose implementation is
monitored by the Court of Justice of the European Union, regional consultative
processes provide forums for discreet informal and non-binding dialogue and
information exchange on migration-related issues. Regional consultative processes
bring together representatives of States, often with some international organizations
as observers. They address a wide range of issues, such as migration and
development, labour migration, the social integration of migrants, smuggling and
trafficking, migration and health, and trade and migration, offering States a
cooperation process that excludes creating new norms or formal commitments.
70. The first regional consultative process, the Intergovernmental Consultations on
Asylum, Refugee and Migration Policies in Europe, North America and Australia,
was organized in 1985 and involved 17 countries. Other major regional consultative
processes include the Budapest Process; the Puebla Process; the South American
Conference on Migration; the Mediterranean Transit Migration Dialogue; the Bali
Process; the Colombo Process; the Abu Dhabi Dialogue; the Western Mediterranean
Forum; the Migration Dialogue for West Africa; the Migration Dialogue for
Southern Africa; the Intergovernmental Asia-Pacific Consultations on Refugees,
Displaced Persons and Migrants; and the Intergovernmental Authority on
Development Regional Consultative Process on Migration.
71. Some of the regional consultative processes are driven by external actors, with
funding coming from States of the global North, often channelled through IOM.
IOM participates in most of the major regional consultative processes as a partner or
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7
8
13-42115
Some of these questions are explored in the Special Rapporteur’s report to the Human Rights
Council on the management of the external borders of the European Union and its impact on the
human rights of migrants (A/HRC/23/46).
See www.iom.int/cms/en/sites/iom/home/what-we-do/regional-processes-1/rcps-by-region.html.
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