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The Berne Initiative: Toward the Development of an International Policy Framework on Migration
By Michele Klein Solomon and Kerstin Bartsch
Migration Policy and Research Programme
International Organization for Migration
April 2003
Today, one out of every 35 persons in the world is a migrant.
International migration is now an established feature of contemporary social
and economic life, with both positive and negative manifestations and
opportunities. How can international migration be managed today and for coming
generations to maximize the positive contributions of migrants and migration
and to minimize potential negative effects?
Governments in all regions of the world are acutely aware of the growing
importance of international migration and the fact that global population
mobility is likely to increase in the near future. Recent reports, including
those of the United Nations Population Division on migration statistics and
that of the secretary general of the UN in his 2002 report, call attention to the likely growth of migration as a significant
policy issue in years to come. While policies regarding international
migration remain largely a matter of sovereign prerogative, and there are
natural differences in migration interests between countries in developing and
industrialized regions, the ever-growing number of migrants and complexity of
migratory movements within and across regions highlight the need to develop a
cooperative inter-state approach.
The authority to determine who may enter and remain in its territory is an
important aspect of a state's responsibility to protect its own population. In
exercising this sovereign responsibility, most states have pursued a unilateral
approach to migration, accompanied by bilateral arrangements or agreements on
an ad hoc basis. They have sought to manage migration in the interest of their
population and of maintaining friendly relations with other states. As a
consequence, different national migration policies and practices have evolved
autonomously.
However, due to the transnational nature of migration and its relationship to
issues such as security, social, political, and economic stability, trade,
employment and health, governments increasingly recognize their shared
migration interests and the value of strengthened cooperation and
coordination to effectively manage migration. They are aware of the fact that
migration cannot be managed effectively in the long term through national
measures alone and that collective efforts, at the regional and global level,
are required to strengthen national capacities.
Lack of Harmonized Migration Management System
There are many bilateral, regional, and multilateral agreements and conventions
aimed at addressing aspects of migration, particularly in the human rights and
humanitarian field and most recently in the protocols on smuggling and
trafficking to the 2000 UN Convention Against Transnational Organized Crime.
Some of these rules work satisfactorily whereas others are not fully
implemented. For example, the UN Convention on the Rights of All Migrant
Workers and Members of Their Families will enter into force in the coming
months, more than 10 years after its adoption, but is unlikely to have much
impact in the near term in view of the fact that only countries of origin have
ratified. In certain areas, no rules or guidelines exist to facilitate
interstate cooperation on migration-related issues. In contrast to the
international regime for the protection of refugees, there is no comprehensive
and harmonized system regulating international migration through which the
movement of people can be managed in an orderly and cooperative way. Could
the development of an international policy framework on migration bridge this
gap?
The Berne Initiative
It is with this in mind that the Swiss Federal Office for Refugees launched the
Berne Initiative in 2001 to open a dialogue between governments on the full
range of migration issues. The goal of the Berne Initiative is to establish a
states-owned consultative process focused on obtaining better management of
migration at the regional and global levels through enhanced cooperation
between states. The Berne Initiative seeks to engage the active participation
of states from every region of the world, representing a wide range of
migration perspectives. It enables governments to identify their different
policy priorities, and offers the opportunity to develop a common orientation
to migration management, based on notions of cooperation, balance, and
predictability.
Berne I
At the International Symposium on Migration ("Berne I") in June 2001, some
80 government officials and experts from international agencies, NGOs and
academia reviewed current migration dynamics and trends, including demographic
developments, the impact of globalization on migration, foreign labor demand,
irregular migration, trafficking in human beings, the gender dimension of
migration, and other relevant contemporary aspects of international migration.
The participants considered the diverging interests and perspectives of origin,
transit, and destination countries, but also identified interests common to all
states. It was emphasized that the root causes of migration are related to
broader economic, social, and development issues. Regulated migration could
contribute, among other things, to fostering economic growth, good neighborly
relations, security, the rule of law, and cultural diversity. On the other hand,
the participants noted that there is growing dissatisfaction with the way in
which irregular migration is occurring at present, in particular regarding the
increasing involvement of international criminal organizations in smuggling and
trafficking. The undermining of state sovereignty and security by uncontrolled
and irregular migration was identified as a major concern for many countries,
both in developing and industrialized regions, with important financial,
economic, social, and legal implications.
It was concluded that there is a need for a balanced approach to facilitate
regular migration and prevent irregular migration, and that mutual benefits
could derive from enhanced inter-state cooperation. The participants decided
to take further the idea of developing a framework of guiding principles for
the management of migration, through an ongoing and broadened process of
consultations. It was clear that an effort to create new international law in
this area, such as through the negotiation of a convention on migration, would
not be productive and that the sharing of effective practices from one region
or country to others would be a more valuable endeavor.
Following the symposium, regional consultations have been carried out in the
context of conferences and workshops on the goals of the Berne Initiative in
such diverse regions as Southern Africa through the Migration Dialogue for
Southern Africa, in Central and North America through the Puebla Process, in
Eastern Europe through the Budapest Process, in Western Europe, North America,
and Australia through the Inter-Governmental Consultations on Refugee and
Migration Policy, in East and West Africa, and in Istanbul through the training
seminars organized by the International Migration Policy Program. The input
and feedback received at these and other conferences and workshops has been
favorable and supportive for both the concept of the Berne Initiative and the
bottom-up consultative process it is employing. A majority of government
representatives expressed the view that strengthening international
cooperation on migration would be of benefit to all states and were in favor
of pursuing the development of an international framework of effective
practices for the management of migration.
Effective Practices for the Management of Migration
To be most useful and effective, such a framework should identify common
interests and objectives of all countries of migration, taking into account
their diverging concerns and needs as well as the interests and perspectives of
other stakeholders such as nongovernmental organizations, international
organizations, employers, and migrants groups. Of course, they should be based
on existing international and regional norms, among other things, on the
protection of the human rights of migrants, refugees, and displaced persons. In
light of the fact that migration remains largely within the sovereign realm of
states, a set of effective practices would need to give due regard to national
decision-making and approaches and the need to maintain flexibility in order to
adapt to future trends and policies.
As a first step, the Swiss authorities, in coordination with IOM, undertook
the preparation and publication of an expert stocktaking on existing
international law norms relevant to migration. The study International Legal
Norms and Migration clarifies the existing legal framework and identifies gaps
and grey areas not adequately covered by international law, but where the
elaboration of effective practices might be useful.
To complement the expert study, IOM's Migration Policy and Research Programme
(MPRP) has prepared a Compilation of Significant International Statements on
Migration. This compilation focuses on nonbinding common understandings
emanating from regional consultative processes on migration and selected
international migration-related conferences. It contains significant
substantive statements on migration matters from the declarations, plans of
action, and other such conclusions adopted at the identified conferences,
presented thematically for ease of reference. Taken together, these provide an
indication of the migration subjects of concern to the international community
and where consensus on the international level could be possible. To this end,
it provides a tool for the identification of effective practices in migration
management.
Further Steps of the Berne Initiative
In 2003, the Berne Initiative will continue the bottom-up approach pursued in
2002, as there is still a need for better understanding and identification of
common interests in the field of migration. The Swiss Federal Office for
Refugees is establishing a "group of interested countries" to help guide the
further development of the Berne Initiative and serve as a roundtable for
discussions on migration management. Its main role, however, will be the
development of a nonbinding international framework on migration, focused on
effective practices at the national and international levels. Countries with
comprehensive migration policies, such as the traditional immigration
countries, will find that their experiences will greatly inform the development
of the framework. There is growing international recognition that effective
migration policy needs to address such diverse issues as facilitated migration,
protection of the rights of migrants, border control, the consequences of
forced migration as well as its prevention, and possible linkages between
migration and development.
Berne II
To open the discussion to a wider audience, the Swiss Federal Office for
Refugees is planning two or more seminars over the course of 2003 in different
regions of the world, preferably in developing countries, to identify effective
practices in migration management.
A second International Symposium on Migration — "Berne II" — is planned to
take place in 2004. Like the first Symposium on Migration in 2001,
participation in "Berne II" will be broad-based and representative, with
governments, inter-governmental organizations, NGOs and academics from each
region of the world and from each migration circumstance.
Perspectives
The Berne process demonstrates the broad interest in continued joint efforts
and cooperative approaches to enhance understanding of migration and to
channel this dynamic and complex phenomenon to the benefit of migrants and
countries of migration. At a time when states are recognizing the absolute need
for more regular dialogue and co-operation on migration matters, the Berne
Initiative constitutes an appropriate platform for cooperation and dialogue
among countries of migration. It complements the work of the International
Dialogue on Migration currently underway in IOM's governing Council and may
eventually feed into the work of that forum.
The most important outcome of the Berne Initiative process will be a broad
policy framework aimed at facilitating cooperation between states in planning
and managing the movement of people in a humane and orderly way. This
inter-governmental framework will offer a set of effective policies and
practices for a planned and coherent approach to migration management based on
existing legal principles, including those related to the protection of the
rights of migrants. Without such a comprehensive approach to migration, states
are faced with the increasing involvement of international criminal
organizations in migrant smuggling and human trafficking, and undermining of
the protection of individual migrants and their citizens. Most importantly, a
comprehensive international framework on migration can assist states in fully
realizing the positive contributions that migrants and migration can make to
their societies.
References
Migration and International Legal Norms (Asser Press, forthcoming 2003), edited
by T. Alexander Aleinikoff, Senior Associate of the Migration Policy Institute
and professor at Georgetown University Law Center; and Vincent Chetail,
lecturer at the Graduate Institute for International Studies in Geneva. This
book identifies existing legal norms on migration issues. IOM published the
analytical overview chapter as a separate volume in IOM's International
Dialogue on Migration series in English, French, and Spanish (available in
printed format from the Publications Unit, IOM Geneva, or from
publications@iom.int.
Also available in pdf format from www.iom.int).
See also Compilation of Significant Statements available from IOM/MPRP
(MPRP2@iom.int) and The Berne Initiative — A Global Consultative Process for
Inter-State Co-operation on Migration Management, Information Note I and II
providing more general information on the Berne Initiative also available from
IOM/MPRP (MPRP2@iom.int).
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