Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi
Yazarlar: Esra YILMAZ EREN
Konular:Hukuk
Anahtar Kelimeler:Global Compact on Migration,New York Declaration,Immigration,UN 2030 Sustainable Development Agenda,National sovereignty of states
Özet: “The Global Compact on Safe, Orderly and Regular Migration”, is the first international document signed with broad participation to manage migration in international level and protect the rights of migrants, which constitute 3.6% of the world population. The Compact deals with various controversial subjects ranging from regulating migration from a development perspective to balancing the countries’ desire to keep their authority arising from their sovereign rights regarding border management or preserving the distinction of regular and irregular migration. Moreover, the Compact reflects a highly innovative perspective by emphasizing the rights of migrants regardless of their status and recognizing disaster and climate change-related migration. The bindingness issue, which constitutes the most important reservation of the states, was resolved with a clear statement, and no further concrete responsibility was imposed on the states other than monitoring the implementation of the Compact within the scope of the Global Migration Monitoring Forum. Today most of the states accept that international migration urges to be managed by international cooperation. Nevertheless, due to different reasons as national interests, foreign relations, security and economic concerns, many conflicts arise between states regarding the responsibilities towards asylum seekers, migration control and readmission. Therefore activities of the states are stuck between the universal definition of human rights theory and the requirements of state sovereignty. Although the Compact is criticized for not being binding in its current form and therefore being far from establishing a comprehensive and effective migration management, the compacts in general, and the cooperation mechanisms they bring with, can open the door to different studies in the long term. Especially by the inclusion of different actors, and additional support, compacts -at least- can conduce to the preservation of the current stage reached. In addition, with broad support from states, the Compact has the capacity to lay the ground for international management of migration, and provides the appropriate basis for future binding attempts. The Compact reflects the intention and the beginning of the effort to deal with one of the biggest problems of today as an international community. Thus it provides a roadmap and a menu of options from where States can choose the one that best fits their unique situation in order to achieve each goal it sets. However, in the final analysis, the process will be shaped by the efforts of the states -that do not want to make any further international commitments and see border control as a sovereign power- and how they will implement the objectives of the Compact.