Pacific Islands Civil Society Consultation on the Global Compact for Safe, Orderly and

Regular Migration November 2-3, 2017, Nadi, Fiji

Executive Summary This is the report of the Pacific civil society consultation on the Global Compact for Safe, Orderly & Regular Migration (GCM) held in Nadi, Fiji on the 2 – 3rd of November 2017. The consultation was organised and facilitated by the Pacific Island Association of Non – Government Organisations (PIANGO) and Citizens Constitutional Forum (CCF) with support from Migrant Forum Asia (MFA), and the Diplomacy Training Program (DTP). The consultation was held to provide an opportunity for voices from civil society organizations in the Pacific to be heard in the context of the development of the GCM. Representatives from over 30 civil societies’ organization (CSOs) and stakeholders from eight1Pacific Islands gathered for this first Pacific consultation. The consultation brought together policymakers, civil society, faith-based organisation, academia and experts in the Pacific region to consider issues of migration, the rights of migration and their expectations of the GCM. The two-day consultation aimed to;

• To inform Pacific Islands civil society about the GCM (and Migration in the UN Sustainable Development Goals – Agenda 2030)

• To enable Pacific Islands civil society representatives to provide their perspectives and input into the GCM process and outcomes.

• To contribute to the GCM preparatory process by proving recommendations and inputs from the Pacific Islands that are human rights based, and are actionable and practical.

The consultation provided inputs and recommendations to be taken into the official Asia-Pacific Regional Consultation on the GCM, hosted by UNESCAP in Bangkok (November 6-8). Participants were given the opportunity to share some of their perspectives and key issues around migration. These included;

• Historic dimensions of migration in the Pacific – intrinsic to Pacific cultures, spirit of reciprocity; experiences of forced migration (slavery/black-birding and from nuclear weapons testing)

1 11 countries of residence

• Climate-change induced migration/forced migration both internally within countries, between Island countries of the Pacific – and from the Pacific to Pacific rim countries such as Australia/USA

• Health Care and Migration – loss of key expertise/qualified workers to US/NZ/Australia

• Human Trafficking and Sexual Exploitation

• Relationships to land – the land as mother, with specific significance for specific communities and cultures;

• Advocacy and consultations with governments and receiving communities in the Pacific.

• Policy framing and formulation. Identifying the gaps and needs for research based documentation.

• Training and support for migrants and receiving communities

• The need to use existing spaces and networks to “Amplify the Pacific Voices “in the international stage

• The relationship between agreements on climate change and migration

• Seasonal labour migration schemes and exploitation

• Migration for sports – the luring of elite athletes

• Militarization - Private security companies and the employment of the ex-military including in migrant detention facilities established by Australia/with Australian funding in PNG and Nauru

• Australia’s detention centres on Nauru and Manus Island (PNG) and their negative impacts on these countries and on the detainees

• Inward migration from beyond the Pacific is becoming an increasing issue – construction workers being imported by companies to work on roadbuilding and other infrastructure projects – being housed separately, unclear how national labour law applies etc

Following introductions and opening welcome statements, Patrick Marega Castellan, the Deputy Regional Representative of the Office of the High Commissioner for Human Rights then provided an overview of the human rights of migrants and the relationship between human rights and development, including the obligations of states to respect, protect and fulfill human rights. Patrick placed a special focus on the human rights of migrants in vulnerable situations.

For most of the remaining two days of the consultation, participants worked in small groups to discuss further the issues of concern that they had identified and that they wanted addressed in the GCM – including through an outcome statement (see attached). The following report provides some more information on the content of the discussions. The organisers express their appreciation to the funders (IOM and Justice & Peace, Germany) for making the consultation possible.

Program Description

• Day 1: November 2nd – Opening Session – Introductions and Welcomes:

Ms Emele Duituturaga, Chief Executive Officer of PIANGO began the program by asking the participants to introduce themselves and to give their perspectives and experiences on migration issues. This was a very rich session that grounded and provided context for subsequent discussions. Following these introductions, the organizing partners were invited to give some words of welcome and to provide some context to the consultation:

Ms Emele Duituturaga, highlighted that while migration is not a specific policy issue that PIANGO has traditionally focused on, PIANGO sees the need for Pacific Civil Societies to raise their voices in spaces that are available, and to provide spaces for these voices that would not otherwise exist. Partnerships with others are crucial and Emele acknowledged the offer of collaboration and partnership from MFA to take Pacific voices to the regional and global stage. Mr Sara Bulutani Matai, Chief Executive Officer of CCF officially welcomed all the participants and acknowledged the land owners in which the hotel is located. Mr Bulu shared his appreciation towards all the participants representing different organizations, backgrounds and sectors. He highlighted that the first objective of the consultation has been met - that is to bring people together and to start sharing information and ideas of migration. CCF reconfirmed their support towards the consultation and to all organizations represented and to assist participants to connect the dots and to meet the objectives of the consultations. Patrick Earle, Executive Director of DTP provided background on DTP’s work since 1990 to help strenghten the voice of civil society and build its capacity to engage in different processes in relation to migration and other human rights issues. Patrick stressed the importance of sharing knowledge and Pacific stories and perspectives in relation to migration to guide the group during the two-day consultation. Mr Stuart Simpson, North Pacific Regional Director of IOM, discussed the solutions and challenges of migration globally. He highlighted the need for governments to work with civil society groups to improve protection measures for migrants, particularly migrants in vulnerable situations. He added that we need to treat migrants how we want to be treated. He highlighted the issues of migrants in the fishing industry, including on boats involved in illegal fishing. He also emphasized the importance of engaging with Diaspora communities.

Nicola Piper, Founding Director of SAPMiC provided a comprehensive Introduction to the GCM2. Nicola provided an overview of global migration and a background on the GCM. Migration is as old as human history, but more people are on the move today than ever before – because of lack of educational or employment opportunities, hunger and lack of hope among other reasons. Governments want to control this movement of people, and gain the economic benefits of migration, while often ignoring the vulnerability and pain experienced by migrants themselves. Management of migration was moving up the global agenda and civil society need to ensure that migrant rights were promoted and protected. There was a need to link migration management with the commitments of the SDGs. NGOs need to have an action plan to take their concerns forward. The consultation provides a space for Pacific civil societies, to begin to discuss and identify their concerns and pushing forward their key messages to the GCM process.

2 Nicola’s powerpoint presentation was circulated to participants and is available on request

Dr Eberhard Weber, University of the South Pacific – Pacific Migration in Times of Climate Change3. Dr Webber presented an overview of the Pacific Islands migration and mobility. Communities and countries of the Pacific Islands should be proud of their mobility and their mixing over the centuries. Great voyages of migration are the stories of legend and creation of societies and of cultural exchange. Colonization included forced migration – Britain bringing indentured labour from India to Fiji, Australian “black birding” – bringing slave labour from the Pacific to work on Australian cane plantations and then expelling their descendants under the “White Australia” policy. The nuclear testing in the North Pacific also led to forced migration/expulsions – and made lands uninhabitable for humans forever. Today migration in the Pacific is driven by employment or the lack of it, by the desire for education opportunities, by tourism. Climate change induced migration has also become a fact as communities are forced to leave lands that can no longer sustain them. Rising sea levels have led to salination, loss of fresh water, loss of crops and loss of land. Communities have become more vulnerable to the increasing number of extreme weather events e.g. Cyclone Winston in Fiji. The poorest are hardest hit and have fewest options. Patrick Castellan, Deputy Regional Representative, Office of the High Commissioner for Human Rights – UN Presentation, What is a human rights based approach to migration4: Patrick provided an overview of the UN human rights system. Patrick emphasized that all migrants have all human rights – the human rights recognized in the nine core UN human rights conventions – wherever they are and wherever they move to. The obligations of the state to Respect, Protect and Fulfill human rights also remains the same for all governments – and in relation to all migrants. The New York Declaration that called for the drafting of the GCM acknowledged and emphasized human rights and fundamental freedoms. Migrants are however vulnerable to abuses - and action is required to address this vulnerability. Some actions are straightforward – preparing people before migration – with orientation and training, and providing orientation and support after their arrival in a new country. OHCHR has developed briefing papers on key issues for the GCM and developed policy papers in relation to the situation of vulnerable migrants.

William Gois, Regional Coordinator of MFA. William Gois outlined how civil society had engaged with the GCM process – participating in the regional and thematic discussions, seeking to ensure that the rights of migrants are on the agenda and protected and that migration is seen as a human process and not just an economic one. They have tried to make sure that the GCM consultations provide a common space for coming together of governments and civil society to discuss and deliberate on the challenges migration governance. The Pacific has to start claiming their space on discussions around migration, the issues that affect the peoples of the Pacific and including programs and principals that are binding or non-binding. Civil society globally wants a concrete commitment from governments including on transparency and accountability. He added that there needs to be a lot of consultations with government to discuss key issues and policies, challenges and opportunities.

The reminder of the first day included discussions from the participants on various topics around climate change induces migration, other drivers of migration, circular and temporary migration & remittances. Discussions raised by the participants include the need to have an outcome statement at the end of the workshop and a critical analysis on the pacific migration and journey.

3 Powerpoint presentation was circulated to participants and is available on request 4 Powerpoint presentation was circulated to participants and is available on request

Notes on Group Discussions - Global Compact on Safe, Orderly and Regular Migration The group discussion included several main questions, listed below along with some of the key responses: Climate Induced Migration: Concerns - Sovereignty of island states being undermined and ignored - Land – cultural and spiritual connections are special and affect

relocation strategies and approaches - the peoples concerns in migration policy have not been

included - Peoples wishes to not migrate have been ignored - Loss and damage of climate change impacts have not been

addressed or compensated for - Migration issues are often over shadowed by adaptation

demands and strategies Engagement on global national and regional process - Lobby member countries (SID) to ratify to ratify the Pacific

Climate Treaty - Climate change migration needs to be prioritised in

governments agenda - Call for stronger partnerships and collaborations among

countries, govet, NGO,CSO etc - Engage in advocacy more regularly. Actions - Include climate change induced migration as a driver in the

GCM - Ratification of Pacific Climate Change Treaty - Inclusion and recognition of climate change migrants/refugees

by UN - Push Pacific Island Countries to have representatives in the UN

GCM dialogues/consultations - The most vulnerable must not be neglected. Other Drivers of Migration - Military Coups have resulted in repression and instability

driving some to leave

- Lack of Employment Opportunities

- Lack of Education Opportunities

- Sense of greater opportunities elsewhere – sports players are

being lured by promise of lucrative contracts; same with

health/care workers

Concerns

- Lack of focus on creating employment opportunities/reliance on remittances - Individuals not informed of risks/real situation

- Once people leave they stay away, don’t return - Loss of skills/knowledge - Damage to culture/social infrastructure – not enough players for community sports teams - Exploitation in seasonal work schemes – non-payment of wages, lower pay/higher expenses

Actions - More regulation of sports emigration - players should have

orientation process/counselling on return

- Promote bilateral agreements with rights content

- Protect rights over native resources to be used for benefit

of people

- CSO s use the UN’s Universal Period Review Process to

highlight concerns

- Engage CSOs in Forums and seminars on the national and

international migration policies

How do we engage? - Lobbying with the government/Be vocal/Marching for

migrants’ rights/Establish a working committee, capacity building

of the committees/Collect and disseminate lived testimonies

Temporary Migration Schemes & Remittances Concerns - Re integration of migrants on their return - Lack of support

- Lack of social security and pensions

- Excess of health workers migrating

- Lack of protections for Seafarers

Actions

- Monitoring and evaluation

- Evidence based research

- Human rights protection

Migration and Development - Policy emphasis should be on enhancing wellbeing of people and their aspirations

- Need to address the push and pull of migration – so that migration is free choice not an act of

desperation

- Recognition that past/existing models of economic

development is the cause of climate change leading to

(forced/climate change induced) migration

- Migration can undermine the SDGs, or strengthen the SDGs

Conclusions Participants in the program selected representatives to work together on drafting an outcome statement that reflected the rich discussions of the groups – and that could be taken forward to the regional GCM consultation in Bangkok the following week. The outcome statement is included below as appendix. The island peoples of the Pacific will increasingly be forced to move by the impacts of climate change that they have not contributed to, but which affect them disproportionately. They are driven to migrate by processes and polices of development imposed on them, that have served to marginalise them. The individuals who migrate are made more vulnerable than ever by negative public attitudes and punitive migration policies. There was a strong-sense from the participants in this program of the value of coming together, of sharing knowledge and experience and that there are distinctive Pacific perspectives on migration that are valuable and important and that need to be considered by others as the GCM is negotiated. These perspectives include the sense that the Pacific Island nations have something important to contribute to the discussions, as nations that have been shaped by migration processes, as cultures that have a deep and spiritual attachment to the land, as peoples who believe in and practice reciprocity. These values of shared human dignity and generosity of spirit need to guide civil society and government engagement in the GCM. A steering group representing development and human rights NGOs, faith based groups and trade unions volunteered to keep working on these issues going forward.

OUTCOME STATEMENT

Mata ki mua Mata ki tua Monu Tagaloa…Tee-oooh-hoo-hoo…

Niue Blessing

This Pacific Outcome Statement is a response by civil society stakeholders strongly

endorsing dignity for safe, orderly and regular migration into and from our region. The

regional consultation was co-convened in Fiji on 2nd and 3rd November 2017, by leading civil

society organizations and thought leaders from the Pacific. The consultation mobilised

representatives from NGOs, trade unions, education and researchers, businesses, youth

group, faith-based groups and others to consider the key issues, priorities, human rights,

indigenous concerns and governance issues pertinent to the preparatory process of the UN

Global Compact on Migration (GCM).

1.0 Pacific Introduction

1.1 The sounding of the Conch Shell5 from Pacific island countries on the issues of

migration, self-determination, development, and rising sea levels due to climate change is a

call to the global community to be on high alert, listen and pay attention to our voice.

1.2 Appreciating the co-conveners of the Pacific Consultation for ensuring the Pacific

contribution to the GCM: the Pacific Islands Association of Non-Governmental

Organizations (PIANGO), the Citizens’ Constitutional Forum (CCF), Diplomacy Training

Program (DTP), Migrant Forum in Asia (MFA), and the Sydney Asia Pacific Migration

Centre (SAPMiC).

1.3 Recalling all international instruments and declarations,6 and events7 relevant to

migration and the Pacific that have occurred recently that give support to the UN Global

Compact for Safe, Orderly and Regular Migration.

2.0 Pacific Guiding Values

2.1 Aligning with our Pacific values of reciprocity, resilience, consultation, dialogue,

we support that stronger partnerships should be fostered between Pacific countries,

governments, regional organizations, NGOs, CSOs, trade unions, youths, private sectors,

educational and researchers, migrant organizations, and faith based organizations to

5 Conch Shell- https://www.youtube.com/watch?v=Lw6-OfHZ89U 6 The New York Declaration for Refugees and Migrants, (19 September 2016) adopted by the High-Level Plenary Meeting of the United Nations General Assembly on large movements of refugees and migrants in September 2016 (A/RES/71/1); and the Colombo Statement (23 Feb 2017).; the 2030 Agenda for Sustainable Development and the Addis Ababa Action Agenda; the Declaration of the 2013 High-Level Dialogue on International Migration and Development; ILO Multi-Lateral Framework on Labour Migration (2006). 7 The Bali Process, the African, Caribbean and Pacific Group of States (ACP)-European Union (EU) Dialogue on Migration, the European Union-Latin America and the Caribbean Structured and Comprehensive Bi-regional Dialogue on Migration

strengthen cooperative collaborations that facilitate and ensures inclusive safe, orderly and

regular Pacific migrations; and that the Pacific voice should be heard in all pertinent

dialogues and processes governing climate change induced migration at the national,

regional and global levels corresponding with binding instruments8.

2.2 We believe in our Pacific principles, philosophical tenets, protocols, processes and

paradigms that are the foundational pillars that construct the respective worldviews of the

sovereign nations and associated territories of the Pacific region. We remember, value and

uphold the narratives of our ancestors, strengths of our wisdom holders and migration

warriors that have passed on. We believe that our relational worldview emphasizes the spirit

and spirituality of our peoples. We support that knowledge is holistic, cyclic, and dependent

upon relationships and connections to living and non-living beings and entities; and that the

land and Ocean is sacred. Migrations in and out of the region affects the equilibrium of these

relationships.

3.0 Pacific Action Priorities

3.1 Historic legacies

Historical legacies of colonization shaped our first waves of forced migration including black

birding, nuclear testing9, militarization, and illegal occupations of Indigenous lands10. The

Global Compact on Migration must acknowledge that the first step in resolution of our

historic legacies requires the global community to recognize root causes, which further

perpetuate global ideologies of neo-liberalism and capitalism resulting in genocide of our

most vulnerable. Through the recognition and resolution of historical legacies, Small Island

Developing States (SIDS) have the potential to offer solutions toward safe, regular, and

orderly migration while maintaining sovereignty and Indigenous rights.

3.2 Human Rights of migrants

Human Rights are sacrosanct; and likewise, firm protections for the safety, dignity and

fundamental freedoms of all Pacific migrants at all times, entering and exiting the region.

Several key issues include: seasonal workers; contractual violations; no social security;

exploitative placements; gender inequalities; low pay; and privatization of public services

and commodification. We strongly emphasize protections against smuggling and trafficking

of persons, including vulnerable unaccompanied minors and women, forced labour and

contemporary forms of slavery. We rail against all forms of discrimination and intolerance;

8 United Nations Declaration of Human Rights (10 December 1948), Global Compact for Safe, Orderly and Regular Migration (GCM SORM) focused on giving effect to human dignity, human security and human rights consistent with the Declaration on Indigenous Rights and the United Nations Declaration on the Rights of Indigenous Peoples, 2007; the 2030 Agenda for Sustainable Development, the Sendai Framework for Disaster Risk Reduction 2015-2030, the Paris Agreement within the United Nations Framework Convention on Climate Change (UNFCCC) 2015 and the Samoa Pathway for SIDS 9 10 In West Papua; and the Enjebi community of Enewetak Atoll in the Marshall Islands, who experienced devastating loss as a result of nuclear testing reverberating through generations as internal displacement, famine, ill health, and disrupted social structures

and support social cohesion and inclusion of marginal communities such as persons with

disabilities and the LGBQTI. Pacific Islands Forum Secretariat and UN Human Rights

Committee member Australia must address the disregard for human dignity of migrants/

asylum seekers/refugees on Manus and Nauru. In addition, CSOs and development partners

must continue to advocate for the most vulnerable of our Pacific region such as West Papua

and Kanaky.

3.3 Climate change induced migration

Climate change induced migration is a critical concern for Pacific Island countries. It poses

existential threats such as - loss of land due to coastal erosion and flooding, self-

determination, loss of access to water and compromised food sovereignty, and the uprooting

and displacement of Pacific people who are spiritually and culturally connected to their land

and sea. This is reflected in the burial of umbilical cords in the land and the birthrights of

Pacific people that signify the deep relationship they have with the land and ocean. Pacific

Island governments need to prioritize climate change induced migration and to push for its

recognition and inclusion in the Global Compact for Safe, Orderly and Regular Migration.

3.4 Circular and Temporary Migration schemes and remittances

Circular and temporary migrations have occurred throughout Pacific histories of people

movement; and we recognize the value of temporary Migration to our developments and

improvements of livelihoods through remittances and its negative impacts on our people and

communities. We recognize and strongly encourage sustained dialogue concerning

contributions of migrants and diaspora in all dimensions of sustainable development,

including remittances and portability of earned and social benefits. Our Pacific

governments, other PIFS members and observers must recognize the impact of historical

legacies on circular and temporary migration without considering remittances as

development options.

3.5 Migration and development in the context of the Sustainable Development

Goals

Pacific SIDS are vulnerable to drivers of migration, including adverse effects of natural

hazards and human-made crises, if they are not included in dialogues towards collective

resolution. Our Pacific governments must rethink and mobilize resources, appropriate

mechanisms and technologies for best protection and assistance, sustainable development,

poverty eradication and conflict prevention underpinned by Pacific values. The Rights and

Dignity of our Pacific People and those integrated into our island communities shall be

paramount in all aspects of migration schemes.

We are committed to the initiation and continuation of this process in constructive dialogue

and collaboration with our Traditional Leaders and governments to ensure that our Pacific

Voices are heard and included at all levels. We acknowledge the contributions of the Pacific

regional consultations.

ANNEX 2

Participants of the Pacific Islands Civil Society Consultation on Safe, Orderly and

Regular Migration

S.No. Name Organisation

1 Amele Ravutu Muatabu Fiji Nursing Association

2 Brooke Takala Abraham Elimon̄dik

3 Eberhard Heinrich Weber University of the South Pacific

4 Emele Duituturaga Pacific Islands Association of Non-Governmental

Organisations

5 James Bhagwan Methodist Church in Fiji

6 John Corcoran Pacifica Migration Services

7 Jone Dakuvula Pacific Dialogue

8 Jone Temo Dialogue Fiji

9 Laitia Tamata Pacific Islands Association of Non-Governmental

Organisations

10 Lucrisha Nair Citizens Constitutional Forum

11 Maureen Penjueli Pacific Network on Globalisation

12 Michael Young

National Union of Hospitality Catering & Tourism Industries

Employees

13 Muriel Theresa Lui Caritas Samoa

14 Nanang Ibrahim International Young Christian Workers (Asia Pacific team)

15 Patrick Niebo Ombudsman Commission of PNG

16 Patrick Teitiaua Missionaries of the Sacred Heart

17 Pefi Kingi PacificWIN

18 Penina Waqatabu School of Social Science, University of the South Pacifc

19 Peter O'Neill Missionary Society of St.Columban

20 Rangi Tiari Cook Island Workers Association

21 Raymond Ton Caritas Papua New Guinea

22 Sara Bulutani

Mataitawakilai

Citizens Constitutional Forum

23 Sister Senolita Caritas Tonga

24 Tammy Tabe University of the South Pacific

25 Teresa Thorp Caritas Aotearoa New Zealand

26 Varanisese Nasilasila Citizens Constitutional Forum

27 Viniana Cakau Citizens Constitutional Forum

28 Georgina Young Ecumenical Centre for Research, Education and Advocacy

29 Rusila Rauce University of the South Pacific

30 Viliame Kasanawaqa Pacific Island Development Forum