IMRF: Explanation of Position

Explanation of Position on the Progress Declaration from the International Migration Review Forum, delivered on behalf of a group of countries by Special Representative Haakon Gram-Johannessen

President,
I have the honour to deliver this statement on behalf of the Cyprus, Estonia, Iceland, Malta, Kingdom of the Netherlands, the United Kingdom, Norway and Sweden.

We thank the co facilitators, Kenya and Luxembourg, for their transparent and inclusive approach throughout the negotiations, and we appreciate the constructive engagement of all delegations.

Migration is a global reality that presents both opportunities and challenges. These require effective multilateral cooperation, and we view the Global Compact for Safe, Orderly and Regular Migration and the Progress Declaration as important frameworks for such cooperation.

We support the adoption of the Progress Declaration, which we consider a balanced outcome. We welcome in particular that:

  • The Declaration is non legally binding and does not alter the commitments made under the Global Compact. It does not create new legal obligations nor seek to interpret existing international law.
  • It reaffirms the obligation of all States to respect, protect and fulfil the human rights of all migrants, regardless of status, and highlights the importance of child sensitive and gender responsive migration policies.
  • It reiterates the obligation of States to receive and readmit their own nationals, in full respect of the human right to return to one’s country, and underscores the importance of sustainable reintegration. This includes cases of safe and dignified, non-voluntary returns, following an individual assessment and due process.
  • To ensure the return of individuals without a legal right to stay, we need to explore new ways of cooperating on migration. These new arrangements should be consistent with states’ international human rights obligations.
  • It recognizes the need for well managed borders and migration systems, in line with obligations under international law, and the importance of combating irregular migration, migrant smuggling and trafficking in persons, including through international cooperation and protection of victims.

We would also like to clarify the following points:

  • Decisions regarding regular pathways remain the sovereign prerogative of States.
  • Efforts to address disinformation must not restrict freedom of expression, which remains a fundamental human right.
  • Children should not be subject to arbitrary arrest or arbitrary detention based solely on their migration status, and that the deprivation of the liberty of migrant children should be a measure of last resort. Our domestic legislation sets out clear safeguards in this regard.
  • States retain the right to apply criminal law provisions to those who commit offences, for example related to migrant smuggling, including when such actions contribute to the operations of smuggling networks. While we acknowledge the positive contributions that regular migration can bring, we also note that challenges related to integration persist and should be reflected in our collective efforts.

President,
We regard the Global Compact and the Progress Declaration as valuable tools for strengthening international cooperation on migration. We call on all States to continue advancing their implementation in a balanced and effective manner.