'Objective 13: Use Migration Detention Only as a Measure of Last Resort and Work towards Alternatives’ in Vincent Chetail (ed), Global Compact for Safe, Orderly and Regular Migration: A Commentary

Abstract

The Global Compact on Migration is a complex, non-binding document, reflecting, refracting and potentially transforming international standards. It is a framework for international cooperation, setting goals rather standards, but nonetheless, has to be read in light of and given effect according to binding international law. This contribution focuses on Objective 13 of the Global Compact for Safe, Orderly and Regular Migration (GCM), a commitment to ‘Use migration detention only as a measure of last resort and work towards alternatives.’ Like all the provisions of the GCM, it must be read in light of the overarching commitment to human rights of migrants. The GCM in general aims to affirm both human rights and states’ ‘sovereignty’ over migration, thereby replicating the foundational tension in this field. Overall, Objective 13 is seen as a progressive one, clearly signalling the undesirability of detention. In our analysis, we also share overall positive assessment of Objective 13, but we also raise concerns about the provision, including regarding criminalisation of irregular migration, Objective13's text on detention of children, and framing of alternatives to detention.

Keywords: Immigration Detention, Global Compact, Migrants, Criminalisation Of Migration, Alternatives To Detention, Children