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Resolution 2379 (2021)
Role of parliaments in implementing the United Nations global compacts for migrants and refugees
1. Today, the number of forcibly displaced
people in the world exceeds 79.5 million individuals, 48% being women
and girls. Migration, as a worldwide phenomenon, has considerably
influenced the lives of millions of people and it will continue
to do so in the years to come. Refugees and migrants worldwide move
in search of a better place to live, fleeing conflicts, political
persecution, extreme poverty and environmental degradation. Facing
criticism for its lack of action that has led to migration crises,
the international community, under the auspices of the United Nations,
agreed to take measures to protect the lives and dignity of people
on the move.
2. The United Nations Global Compact for Safe, Orderly and Regular
Migration (GCM) and the Global Compact on Refugees (GCR), agreed
upon at the end of 2018, give substance to the 2016 New York Declaration
for Refugees and Migrants adopted by the United Nations General
Assembly. These voluntary, non-binding, international instruments
represent an unprecedented push forward for the protection of the human
rights of migrants and refugees. They create a better-defined framework
for co-operation and international development and set clear guidelines
for targeted actions and support programmes.
3. The GCM sets out a common framework based on 23 objectives,
each with different commitments and actions based on best practices.
These objectives refer to member States’ actions, inter alia to save lives and establish
co-ordinated international efforts on missing migrants; to strengthen
the transnational response to smuggling of migrants; to manage borders
in an integrated, secure and co-ordinated manner; to provide access to
basic services for migrants and also to ensure that all migrants
have proof of legal identity and adequate documentation.
4. The GCR emanates from the fundamental principles of humanity
and international solidarity. It seeks to enhance humanitarian responses.
It also seeks to operationalise the principles of burden and responsibility sharing
to better protect and assist refugees and to support host countries
and communities. Its key objectives are to ease the pressure on
host countries, enhance refugee self-reliance, expand access to
third-country solutions and support conditions in countries of origin
for the return of refugees in safety and dignity. The GCR is grounded
in the international refugee protection regime, centred on the cardinal
principle of non-refoulement, at
the core of which is the 1951 Geneva Convention relating to the
status of refugees and its 1967 Protocol.
5. The Parliamentary Assembly underscores the importance of international
co-operation to support the implementation of key United Nations
treaties and non-binding multilateral agreements aimed at fostering greater
protection of the human rights and dignity of individuals worldwide.
It reiterates its call to protect and promote the rights of people
on the move, in line with the international standards of humanitarian
protection, human rights, democracy and the rule of law.
6. The Assembly therefore calls upon national parliaments to
take steps towards the adoption and implementation of the GCM and
the GCR by all Council of Europe member States. The Assembly is
convinced that by joining forces, parliaments can make a difference
at the national, regional and global levels.
7. In doing so, members of parliaments should start by addressing
the root causes of displacement, by helping countries of origin
of refugees and migrants to recover through development co-operation,
and by strengthening international solidarity. Members of parliaments
should, in particular:
7.1. do their
utmost to understand and address the root causes of forced displacement
by looking at conflict resolution, peace building and reconciliation,
and by tackling issues relating to inequality, security and climate
change, which can lead to forced displacement of populations;
7.2. act to promote democracy, human rights and the rule of
law by offering their expertise in building stronger institutions
and promoting good governance in countries of origin of forced displacement; improve
their country’s contributions to the implementation of development
co-operation programmes in the countries of origin of migrants and
refugees;
7.3. promote a spirit of international solidarity on migration-
and asylum-related matters. More needs to be done, in particular,
to alleviate the pressure on frontline countries, including by supporting
the provision of emergency accommodation for asylum seekers, assisting
in voluntary resettlement, returns and reintegration, and in preventing
migrant smuggling. Parliaments should also be more vocal in promoting
international solidarity towards refugees and migrants by highlighting
the universal values of humanity and dignity for all. The tremendous
suffering of refugees and migrants should be acknowledged and actions
to alleviate human suffering should be supported;
7.4. bear in mind the numerous additional problems and pressures
on refugees and migrants in times of health pandemics and take specific
measures to alleviate those pressures. In this regard, they should follow
up the recommendations agreed upon by the Assembly in its Resolution 2340 (2020) “Humanitarian
consequences of the Covid-19 pandemic for migrants and refugees”.
8. Members of parliaments have many roles: they are constituency
representatives and local or quasi- ombudspersons, orators, lawmakers
and policy makers, and watchkeepers over the government. They enhance
the legitimacy of policy processes at local, national and international
levels. Members of parliaments should therefore support the implementation
of the two compacts though their daily work and functions:
8.1. as regards the representative
function, members of parliaments should:
8.1.1. strive to
make a difference by relaying to their constituencies the meaning
of the two United Nations global compacts. They should raise awareness
about the compacts, shape public opinion and relay their constituents’
views on the matters raised by the compacts. They should deal constructively
with the issues and concerns raised by those who speak against the
two compacts;
8.1.2. do more to combat hate speech against migrants and refugees
in political discourse. Hate speech undermines human dignity and
is dangerous for the cohesion of society, especially when it comes
from political leaders;
8.1.3. provide genuine leadership on human rights-related matters
in the face of changing public opinion on migration and asylum.
Parliamentarians’ link with citizens is of the essence in ensuring
that no one is left behind and that no voice is under-represented.
Building a common understanding, working towards a favourable, open,
inclusive societal environment, and addressing stereotypes and discrimination
are of the utmost importance;
8.2. as regards the legislative function, members of parliaments
should:
8.2.1. take into account the progress made in recent
years to protect human rights, democracy and the rule of law at
global level in their law-making actions, starting with the Sustainable Development
Goals contained in the United Nations 2030 Agenda for Sustainable
Development, through which countries from around the world committed
themselves to “leaving no one behind”, especially the most vulnerable;
8.2.2. act to build State systems that prevent and can respond
to human displacement tragedies by protecting people in transit
and on arrival. Legislation and legislative reform are two of the
primary tools for responding to needs and protecting those that
are fleeing as well as the host communities. Measures put in place
should be developed in consultation with host communities;
8.2.3. make sure that the development of legal frameworks is
inclusive and sensitive to the needs of the most vulnerable, especially
those of refugee and migrant children. In 2018, of the 31.5 million
refugees and displaced persons for whom age-disaggregated data were
available, 16.3 million – 52% – were children under the age of 18;
8.2.4. act to ensure that their country’s international commitments
based on the existing universal human rights treaties are respected.
In this respect, they should help fulfil the Council of Europe’s
substantive pledges to implement the GCR, amongst which is a commitment
to promote the accession of all its member States to the European
Convention on Nationality (ETS No. 166) and to the Council of Europe
Convention on the Avoidance of Statelessness in relation to State
Succession (CETS No. 200);
8.2.5. create the necessary legal frameworks to allow for the
implementation of best practices for refugee and migrant integration
through initiatives in education, employment and social cohesion.
This includes, for instance, the promotion and implementation of
European projects, such as the Council of Europe pilot project on
the European Qualifications Passport for Refugees;
8.3. as regards the oversight function, members of parliaments
should:
8.3.1. put in place parliamentary action plans to
accompany the implementation of State pledges made at the Global
Refugee Forum. This would allow parliamentarians to plan and map the
actions required and to identify capacity needs for the related
legislative reforms;
8.3.2. take part in and oversee the implementation of both compacts
using a multistakeholder partnership approach as a key tool for
burden and responsibility sharing, thus helping to combine efforts
to implement both compacts;
8.3.3. ask their government to include the needs of refugees
and forcibly displaced persons in multiannual national and regional
development planning, and to ensure regular monitoring of the implementation
of the relevant laws and budget allocations;
8.3.4. audit government expenditures during the yearly and other
budgetary debates to ensure that financial pledges for the implementation
of relevant international treaties and other agreements are disbursed
in a timely manner. Parliaments should further develop their technical expertise
as regards the follow-up of international pledges;
8.4. as regards international parliamentary diplomacy, members
of parliaments should:
8.4.1. use international parliamentary
diplomacy to promote their country’s adherence to the two compacts
and its participation in their respective follow-up mechanisms.
National parliaments should reinforce co-operation with the United
Nations High Commissioner for Refugees and the International Organization
for Migration as key organisations co-ordinating the implementation
of the two compacts, and participate in the United Nations Network
on Migration through their national delegation;
8.4.2. reinforce development co-operation to support countries
of origin and transit of refugees and migrants to build up State
systems that respond to refugees’ and migrants’ needs and protect those
fleeing;
8.4.3. identify avenues for co-operation with the European Parliament,
the European Commission and other European Union bodies for the
implementation of the New Pact on Migration and Asylum, building
synergies, where possible, with the relevant processes for the implementation
of both United Nations compacts;
8.4.4. ensure that they are informed about progress made in the
implementation of the two United Nations compacts at global level
and other initiatives that contribute to reaching the goals set
therein. Co-operation on these matters with the Inter-Parliamentary
Union (IPU) and other regional parliamentary assemblies could be
further enhanced.