For the first time in its history, the UN adopted a Declaration for Migrants
and Refugees 2 on 19 September 2016 which calls for two Global Compacts: 3
one for safe, orderly and regular migration and the other for refugees. The
context of the New York Declaration is the ongoing large movements of
migrants and refugees, and the objective to achieve international agreement
on commitments to both safe, orderly and regular migration and refugees.
It contains three types of commitments – those relevant to migrants and
refugees, those specific to migrants and those relevant only to refugees.
The commitments to both migrants and refugees are to “people-centred,
sensitive, humane, dignified, gender-responsive and prompt reception for
all persons arriving in our countries”. 4 The international community’s commitment
to migrants is “protecting the safety, dignity and human rights and
fundamental freedoms of all migrants, regardless of their migratory status,
at all times” 5 and to refugees to address the issues which force people to
flee – to “work to address the root causes of such crisis situations and to
prevent or resolve conflict by peaceful means.” 6 Migration, both voluntary
and forced (that is of refugees) is a matter of substantial tension in the international
community. Put simply, one country’s migrant is another country’s
citizen. Thus the interests of States are not always in alignment regarding
how someone who is simultaneously a migrant in the state where he or she
is currently and a citizen of his or her home country with an entitlement to
consular protection by that state.