Summary
Learning Objective
Learning objectives
  • Understand the role that inter-State policy dialogues can play in shaping migration governance at the national and international levels
  • Identify the various types of inter-state consultation mechanisms on migration (ISCM) and their roles in thematic and geographical areas
  • Recognize the benefits of engaging in different consultative processes for the development, implementation and evaluation of national migration-related policies and for strengthening regional, interregional and global cooperation
Introduction

States talk to one another and work together in multiple ways that do not necessarily involve formal terms of engagement or standards of operation. Inter-State policy dialogues on migration include bilateral and multilateral consultations, conferences, working groups or committees, negotiation, co-implementation and co-monitoring of bilateral or multilateral migration agreements, joint declarations, among others. This chapter focuses on one form of inter-State policy dialogue on migration: Inter-state consultation mechanisms on migration (ISCM). The chapter focuses on ISCM because of the important role they have played in shaping the current global architecture of migration governance. ISCM include regional consultative processes on migration (RCPs), interregional forums on migration (IRFs) and global processes on migration.

The increasing significance of international migration has meant that States need to collaborate and to engage in policy dialogue on migration issues beyond their own territories. This has led to the emergence of international consultative processes on migration at different levels.

Glossary

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It should be noted that:

  • Inter-State consultation mechanisms on migration do not replace, but are different from and function in addition to other forms of inter-State cooperation such as bilateral and multilateral agreements, which are usually more formal and may result in the implementation of agreed actions.
  • Inter-State consultation mechanisms on migration are informal and non-binding forums for policy dialogue and collaboration. As such, these consultation mechanisms are distinct from initiatives and commitments. Initiatives and commitments are undertaken over a specific period of time and result in outcomes that may not necessarily be legally binding but do require a substantive commitment on the part of States to implement, or at least to adhere to in terms of their national policies and governance frameworks. Importantly, however, RCPs and IRFs in particular have in many cases contributed to the emergence of global initiatives (see Comprehensive initiatives and commitments addressing migration in Global Initiatives and commitments).

The history of inter-State consultation mechanisms on migration can be traced back as far as the 1980s when the Intergovernmental Consultations on Migration, Asylum and Refugees (IGC) were established. To begin with, the IGC focused on asylum issues. However, over time it moved towards broader discussions and exchanges of practices and data on general migration policies. Similar regional initiatives, such as the Budapest Process, the Regional Conference on Migration and the CIS Conference that were established in the 1990s focused on a broader range of migration issues, and set the scene for the establishment of these dialogues as we know them today. As of 2019 there are 33 inter-State consultation mechanisms on migration covering 211 States and territories of the world which cover an array of thematic areas (see chapters in Key Areas of Migration Governance and Management for further examples).

To Go Further

Created for the primary purpose of exchange and cooperation, regardless of how they are named, many inter-State consultation mechanisms on migration have the same main characteristics. They:

  • Are multilateral, advisory mechanisms led by States.
  • Are dedicated to discussing migration issues only.
  • Are ongoing dialogues that meet on a regular basis to discuss migration-related issues, usually from a policymaking perspective.
  • Aim to contribute to the various phases of migration governance (from agenda setting, through consensus building and communication, to changes in concrete laws, policies or practices governing how migration is managed at different levels. Read more about the Policy cycle in Chapter 1.4.1 Developing migration policy).
  • Are valued for their rather informal and non-binding settings that encourage open discussion among the participating States. The outcome documents of meetings, as with other documents produced by Inter-State Consultation Mechanisms on Migration, are advisory in nature, not usually binding on States. States are, though, encouraged to consider the implications of such documents, and to incorporate the conclusions and recommendations into their national policies, legislation and administrative frameworks.
  • Often have formal associations with regional political and economic unions. Such formal association allows the mechanisms to advise and shape migration policies of these institutions. For example, the Migration Dialogue for Central African States (MIDCAS) was formed by the Economic Community of Central African States (ECCAS), itself a part of the African Economic Community. Similarly, the Central American Commission of Migration Directors (OCAM) is formally associated with the Central American Integration System (SICA).

Though their primary role is advisory, inter-State consultation mechanisms on migration have a significant impact on facilitating coherence and cooperation between participating States. They do this by:

  • Contributing ideas and experiences to the development of a common understanding of migration dynamics and issues, and facilitating common approaches in terms of policies, legislation and administrative frameworks. They may also contribute to the design and implementation of pilot projects or regional and interregional initiatives. This, in turn, fosters ongoing collaboration between States.
  • Acting as a forum for networking and cooperation within States, by bringing together different government departments, and across States, depending on the mechanism’s thematic focus. For example, a discussion on migration and development may bring together the ministries responsible for immigration, finance and planning, and engage them in dialogue both from a national and regional perspective. Networking opportunities between States during meetings also facilitate dialogue and cooperation during the formal processes, as many officials participate in both meetings of the consultation mechanism and formal inter-State meetings at a bilateral or multilateral level (Hansen, 2010). Often, the issues they discuss formally have already been considered informally during a meeting of the consultation mechanism, where issues are defined and discussed, and where conclusions and recommendations are put forward, often ahead of being considered and incorporated into the formal discussions and agreements. Later, they often become inputs into global governance processes.
  • Organizing, in some cases, more technically-oriented workshops that help to build the capacity of member States to develop a better understanding of a particular migration issue (such as border management). Such workshops also assist in the development of policies and practices at a national level. Given that this is done with all member States simultaneously, it also facilitates a more cohesive and consistent approach between States at a regional level.
  • Maintaining a repository for data on migration.

Inter-State consultation mechanisms on migration can play an important role in contributing to the development or amendment of national migration policy and legislation. The development of guiding principles, guidelines and handbooks are particularly important ways through which these processes can support their member States as well as promote good practices. ISCM also strengthen regional and international approaches to migration, in at least three ways. First, by encouraging their member States to ratify international instruments (for instance, the Trafficking and Smuggling Protocols, in the case of the Bali and Budapest Processes). Second, by fostering discussion to find common ground among member States in terms of policy approaches. And third, through the development of collaborative efforts to address migration issues.

Good Practice
Changes to national law or policy following good practices shared at an inter-State consultation mechanism on migration

At an international level, inter-State consultation mechanisms on migration have organized themselves to provide concrete contributions to governance at various levels. The annual Meeting of Global and (Inter)Regional Consultative Processes on migration (GRCP) aims to foster exchanges and synergies on various migration issues, contribute to improved policy coherence at the regional, interregional and global levels, and shape common approaches on emerging migration issues. GRCP meetings, for which IOM is the convener, coordinator and technical secretariat, bring together the Chairs and Secretariats of the main RCPs, IRFs and global processes. Further, they may invite partners – such as political and economic unions, IGOs or United Nations Regional Commissions – to participate.

To Go Further
  • IOM, resources on Meeting of Global and (Inter)Regional Consultative Processes on Migration (GRCP) meetings: brochure, website (includes all GRCP meetings’ reports).