Answer By law4u team
The Global Compact for Safe, Orderly and Regular Migration (GCM), adopted by the United Nations in 2018, is the first comprehensive global framework addressing international migration management. It aims to promote cooperation, safeguard human rights, and ensure safe and legal migration pathways. However, it is a non-binding agreement that respects national sovereignty. India’s stance on the GCM reflects its emphasis on sovereign decision-making, pragmatic and development-focused migration policies, and cautious engagement with international frameworks.
India’s Stand on the Global Compact on Migration
Strong Emphasis on Sovereignty and National Jurisdiction
India insists that migration policies are a sovereign prerogative of every nation. It emphasizes that no international agreement should undermine a country’s right to formulate and enforce its migration, border, and refugee policies independently.
Support for the Non-binding Nature of the Compact
India appreciates that the GCM is a voluntary, non-binding framework. It stresses that the Compact should serve as a guiding document rather than a treaty imposing legal obligations or constraints on national policies.
Differentiation Between Migration and Refugee Issues
India clearly distinguishes between migration and refugee matters. It does not support conflating the two within the Compact, arguing that refugee protection falls under the mandate of other treaties like the 1951 Refugee Convention and regional frameworks, which India has its own position on.
Concerns on Inclusion of Climate Migrants and Other Categories
India has expressed reservations about the inclusion of climate-induced displacement and other emerging categories of migrants under the Compact, viewing these as complex issues that require separate, more specialized international attention.
Focus on Safe, Orderly, and Regular Migration
India supports the promotion of safe, orderly, and regular migration channels that enhance economic growth, protect migrant workers, and reduce vulnerabilities such as trafficking and exploitation.
Human Rights and Development Linkage
While supporting protection of migrants’ human rights, India highlights the need to balance rights with responsibilities and national interests. India sees migration as a driver of development both for origin and destination countries and advocates policies that harness these benefits.
Promotion of International Cooperation With Flexibility
India encourages cooperation on migration governance through bilateral, regional, and multilateral platforms. However, it insists such cooperation should respect diverse national contexts, capacities, and policy preferences.
Non-alignment With Countries Opposed to the Compact
India maintains a middle ground, not fully endorsing nor outright rejecting the Compact. It chose not to co-sponsor the Compact during UN negotiations and did not formally adopt it in the final plenary, reflecting a cautious and sovereign-centric approach.
Focus on Practical Solutions
India focuses on pragmatic measures such as improving migrant welfare, skill development, information sharing, and combating human trafficking, rather than binding commitments.
Impact of India’s Stand
- Reinforces India’s policy of sovereign control over migration, especially relevant given its complex internal migration dynamics and large diaspora.
- Reflects India’s cautious approach to international treaties that could limit policy flexibility.
- Positions India as a country willing to engage in international dialogue without compromising its core interests.
- Encourages other countries to respect sovereign rights in migration governance.
- Strengthens India’s role in regional migration frameworks such as SAARC and BIMSTEC.
Example
Imagine a UN forum discussing global migration challenges, including the GCM. India advocates for promoting migrant welfare and combating human trafficking but insists that each country should retain the right to decide who enters or leaves its borders without external imposition. India also stresses the need for clear separation of refugee issues and climate migrants from general migration governance.
Steps India follows in international migration cooperation:
- Participates actively in bilateral talks with labor-exporting and labor-importing countries.
- Implements domestic policies protecting migrant workers’ rights and improving skill training.
- Advocates for international cooperation based on mutual respect and sovereign equality.
- Rejects legally binding obligations that may interfere with national policy autonomy.
- Encourages sharing best practices and technology for managing migration safely.
