Developing Comprehensive Migration Policy and Legislation:Effective Migration Management

Jillyanne RedpathInternational Organization for MigrationSeminar on the Development of Migration LegislationGuatemala City15-16 February 2007

Objectives

Consider the essential elements of migration legislation

Highlight international norms affecting those involved in the migration process, and the necessity of their incorporation into migration legislation

Opportunity to reflect upon possible improvements to national legislation

Opportunity for discussion and exchange of experience.

Migration Policy

Manage the entry, transit, departure and return of foreigners

Who should enter, on what conditions, for what purposes, and with what rights/responsibilities;

Facilitate integration Maintaining links with nationals abroad Ensure respect for refugee protection principles; Combat irregular migration

Migration Policy

Core values upon which policy could be based: Non-discrimination Contribution to the national economic and social

interest; Achievement orderly and efficient migration

management Facilitation of family reunion Contribution to the resettlement of those most in

humanitarian need; and Participation of all relevant stakeholders

Comprehensive Migration Policy

Increased coordination International cooperation Inclusion of all stakeholders Gathering of statistics

Comprehensive Migration Legislation Legislation should cover whole migration

process Based on

Non-discrimination Balance of control and facilitation Balance of economic and humanitarian interests Balanced approach to irregular migration International obligations

Comprehensive Migration Legislation Should be consistent with states legal

framework Should establish rights and responsbilities

of Migrants and agents, Those acting on behalf of state

Should provide clear statements of purpose

Comprehensive Migration Legislation Procedural requirements for entry into the state, and exit where

applicable The conditions and procedures of entry Procedures for determining merits of claims to refugee status/

admission or based on humanitarian grounds Removal of non-nationals who breach visa or overstay permission to

remain Provisions responding to irregular migration Responsibilities of carriers and penalties for failing to fulfil those

obligations Exit requirements Professional obligations of state officials Administrative structures Right of appeal

Comprehensive Migration Legislation Accountable and transparent use of

discretion Interplay of primary and secondary

legislation Establish and reflect national migration

institutional framework

Administrative Structures

“Whole of government” approach Does current administrative system

Deliver desired results?Ensure speed and efficiency in

implementation of policy and legislationAll effective coordination between government

departments

Conclusion What are the most important domestic and international

interests? How well does legislation serve the State’s policy objectives? How well does legislation strike an appropriate balance

between conflicting values/policy objectives? To what extent does legislation support implementation of

clear transparent operational policy for migration management?

To what extent does legislation ensure that the obligations of individuals are clearly defined and consistent with their rights under national and international law?

Is there a greater need for harmonization of migration legislation/policy Puebla process countries?