New
Zealand will support United Nations Global Migration Compact
26
November, 2014
New
Zealand will support the United Nations Global Compact for Safe,
Orderly and Regular Migration after receiving legal advice saying it
won't affect national sovereignty.
If
adopted, the Compact would be the first "inter-governmentally
negotiated agreement prepared under the auspices of the United
Nations" that deals with all aspects of international migration.
The
agreement, which has been consistently supported by the Green Party,
creates non-legally binding conditions for countries to "enable
all migrants to enrich our societies through their human, economic
and social capacities," according to the UN.
While
the Compact was officially adopted in Marrakesh, Morocco last week,
Foreign Affairs Minister Winston Peters has been waiting on legal
advice before declaring New Zealand's support.
"The
Government would not support the UN compact if it compromised New
Zealand’s sovereignty or could in any way take precedence over our
immigration or domestic laws. But the compact does not do that,"
said Mr Peters.
"The
Crown Law Office and the Ministry of Foreign Affairs and Trade
have provided legal advice which confirms this UN cooperation
framework is neither legally binding nor constraining on this country
setting its own migration policies."
The
legal advice said it does not create "customary international
law", "any new human rights law" and "in no way
restricts or curtails established human rights, including the right
to freedom of speech".
Mr
Peters said the advice was not surprising but did debunk falsehoods
and misguided perceptions about the Compact.
Several
countries, like Australia and the United States, had earlier pulled
out citing concerns about the effect the agreement may have on
national sovereignty and nations' ability to set their own migration
and foreign policy.
The
National Party has vehemently opposed the agreement and responded to
the announcment by saying it would overturn the Government's support
if it gains power.
"Mr
Peters has sprung the signing of the Compact on New Zealanders on the
last day of Parliament, even though both he and the Prime Minister
were this week still claiming no decision had been made. The Compact
has been under consideration since February," said Foreign
Affairs spokesperson Todd McClay.
Earlier
this month, National leader Simon Bridges said: "There is
no automatic right to migrate to another country without that
country's full agreement, a view which the United Nation's Global
Compact on Migration, set to be signed next week, seeks to counter".
"While
not binding, the Compact could restrict the ability of future
governments to set immigration and foreign policy, and to decide on
which migrants are welcome and which aren't."
The
decision to develop a compact was first made by UN Member States,
including New Zealand, in September 2016. The process towards it
began in April 2017, stewarded by representatives from Mexico and
Switzerland.
After
months of negotiations, the final draft of the agreement was decided
upon in July.
“In
the end, New Zealand will be voting for a cooperation framework that
was clearly set out at the start of the compact’s negotiations
process in 2016 when the New York Declaration for Refugees and
Migrants was unanimously adopted by all UN member states, including
New Zealand under the previous government,” said Mr Peters.
However,
in November, Mr McClay told Newshub that while in government, "We
decided against joining the UN Declaration on Refugees and Migration,
and declined to attend a forum at the UN on migration."
Similarly
to Mr Peters, the United Nations says that the Declaration received
unanimous support. In November, Newshub attempted to clarify
National's supposed opposition to it in 2016, but received no
response.
Green
Party Foreign Affairs spokesperson Golriz Ghahramn told Newshub
signing up to the Compact was extremely important.
"It
is paramount that New Zealand, a responsible international citizen,
be part of the cooperative solutions initiated by the Compact."
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