Global Compact for Safe, Orderly and Regular Migration (2018) — Treaty Brief

Overview

The Global Compact for Safe, Orderly and Regular Migration (GCM) is an intergovernmental agreement adopted in 2018 under the auspices of the United Nations. It represents the first comprehensive, cooperative framework aimed at improving international migration governance. The Compact sets out a non-binding, cooperative approach to managing migration in a way that respects human rights, promotes safe and regular migration pathways, and addresses the root causes of irregular migration. It emphasizes shared responsibility among states, international organizations, civil society, and migrants themselves, fostering partnerships to enhance migration management while recognizing the sovereignty of states over their migration policies.

Key Obligations

• Enhance availability and flexibility of pathways for regular migration (Objective 5): States commit to expanding legal avenues for migration, including labor mobility and humanitarian channels.
• Minimize and address the risks and vulnerabilities migrants face (Objective 7): States agree to protect migrants from exploitation, trafficking, and abuse, ensuring access to basic services and justice irrespective of status.
• Strengthen mechanisms for international cooperation (Objective 23): The Compact calls for enhanced bilateral, regional, and global cooperation to manage migration flows and share best practices (Article 36).
• Ensure migrants’ human rights and fundamental freedoms (Objective 15): States pledge to uphold migrants’ rights under international law, including access to education, health care, and due process (Article 14).
• Combat discrimination and promote social inclusion (Objective 17): The Compact obliges states to combat xenophobia and promote integration policies that foster social cohesion.
• Improve data collection and research on migration (Objective 1): States are encouraged to develop reliable data systems to inform evidence-based migration policies (Article 6).
• Facilitate safe return and sustainable reintegration (Objective 21): The Compact supports humane and dignified return processes, with reintegration assistance to prevent irregular re-migration.
• Address drivers of migration (Objective 2): States commit to addressing root causes such as poverty, conflict, and climate change through development cooperation and humanitarian aid.

While the Compact is non-binding and does not create new legal obligations, these objectives serve as guiding principles for states’ migration policies.

Signatories and Status

The GCM was endorsed by a majority of UN member states in December 2018 at an intergovernmental conference in Marrakech, Morocco. Major signatories include the European Union and most of its member states, Canada, Mexico, and many countries across Africa, Asia, and Latin America. High-profile non-signatories or critics include the United States, Hungary, Israel, and several other countries that expressed concerns about sovereignty and migration control. Some states initially endorsed the Compact but later withdrew or distanced themselves, citing domestic political opposition or concerns over perceived obligations. Since the Compact is not a treaty subject to ratification, its implementation depends largely on voluntary national commitments rather than formal treaty ratification processes.

Major Controversies

The GCM has been subject to significant political controversy, particularly in countries where migration is a highly politicized issue. Critics argue that the Compact undermines national sovereignty by encouraging states to liberalize migration policies and potentially increase irregular migration. Some opponents claim that the Compact’s language on protecting migrants’ rights and expanding legal pathways could limit states’ ability to enforce border controls or deport irregular migrants. These concerns have led to public debates, misinformation campaigns, and in some cases, official withdrawals from the Compact. Enforcement gaps also exist because the Compact is non-binding and lacks formal monitoring or enforcement mechanisms, relying instead on voluntary national implementation and peer review. Furthermore, the Compact’s broad and aspirational nature has led to divergent interpretations of its objectives, complicating coordinated action.

Recent Developments

In the five years since its adoption, the GCM has served as a reference framework in various international forums and regional migration dialogues. Some states have incorporated elements of the Compact into national migration strategies, focusing on improving data collection, protecting migrant rights, and enhancing cooperation. The UN Network on Migration, established to support implementation, has facilitated capacity building and information sharing among states and stakeholders. However, geopolitical shifts, the COVID-19 pandemic, and rising migration pressures have challenged the Compact’s implementation, with some states tightening border controls and limiting migration pathways. Discussions continue on how to better integrate the Compact’s principles into global migration governance, including linking it with other international instruments such as the Global Compact on Refugees and Sustainable Development Goals.

Why It Matters Now

The GCM remains highly relevant as global migration continues to increase amid complex drivers such as conflict, climate change, and economic disparities. Its emphasis on cooperation, human rights, and safe migration pathways offers a framework to address migration challenges in a coordinated and humane way. As countries face evolving migration dynamics post-pandemic and climate crises intensify, the Compact’s principles provide a foundation for policy innovation and international solidarity in managing migration responsibly.