Migration today earns itself as a global character like other global subjects for instance environment, trade, education and gender etc. Migration has become an important issue to global governance due to absence of uniformed standard policies recently. The first literature focused on the sources of governance rules of migration, role of intergovernmental organizations, contribution of civil society and the later literature focused on how the intertion between EU organization, member states and Third countries outlines the governance on migration policies.
Migration refers to the movement of human from one place to another, usually outside of political border. Migration have taken place throughout human history from the very beginning till today with the purpose of changing residence permanently or temporary basis due to necessity of surviving and searching opportunities.
On the other hand The Commission on Global Governance, which was established in 1992, made a standard definition of global governance stating that “Governance is the sum of many ways individuals and institutions, public and private, manage their common affairs. It is a continuing process through which conflicting or diverse interests may be accommodated and co-operative action taken. It includes formal institutions and regimes empowered to enforce compliance, as well as informal arrangements that people and institutions either have agreed to or perceive to be in their interest” (Commission on Global Governance 1995: p. 2).
As a result of the ‘gap’ between immigration policy objectives and outcomes (Cornelius and Tsuda, 2004), international migration has become a topic of global governance. Various third countries have objected to the introduction of uniform UN based governance for migration, though nevertheless tried to manipulate the extent of the international migration.
This study explores the governance on migration by EU institutions, member state and third countries through reviewing following literatures, “Global Governance of Migration”, 2013 by Sirus Rustamov and “Partnering for Mobility? Three-Level Games ?n Eu External Migration Policy”, 2011 by Natasja Reslow. The aim of this literature review is to analyze recent literatures of the role of global governance on migration.
Migration is characterized by a comparatively low level of institutionalized international cooperation and states are still central actors in migration governance, and have so far been reluctant to create binding forms of cooperation at the global level (Kalm and Piper, 2010: 3). At the national level of European countries, immigration has become an important issue of public and political debate. Before the onset of the economic crisis in 2008, immigration was seen by citizens of EU countries as one of the top issues facing their country, behind economic, health, and public safety issues (Euro barometer, 2008a).
The first literature aimed on the global governance on migration as an external dimension. Also, it concentrated to explore the existing politics that is giving shape of governance to migration internationally. It focused over the governance’s efficiency and objectivity also. The study further aims on proposing an efficient global governance of migrationon the base of human rights which would be more realistic and equally favorable to all of its participants.
Migration is today officially and explicitly acknowledged as a global phenomenon (rather than ignored or tacitly tolerated), as “here to stay” with all the implications for origin and destination countries as well as for the migrants themselves (Kalm and Piper, 2010: p. 12-13). And governance of migration refers to “collection of governance related activities, rules, and mechanisms, formal and informal, existing at a variety of levels in the world today” (Karns and Mignst, 2004: p. 4).
The later literature tried to analyze two issues about decision making for governance policy of migration between the three parties: member state, EU institutions and third countries. Interaction between member state and EU institutions, EU institutions and third countries are related to each other because the result of the first interaction becomes the main negotiation issue for another group interaction. This study would explore the reasons and procedures by which EU collaborates with the third countries in the migration topics.
External migration policy sits at the crossroads of migration policy and foreign policy that are politically sensitive and important to a state’s sovereignty which shapes the process of decision-making between the various EU institutions and the member states which leads to the adoption of measures in external migration policy. Cooperation with third countries has been emphasised as a central aspect of EU migration policy. Cooperation with third countries has obvious benefits for EU member states: “it reduces the burden of control at their immediate borders and increases the chances of curtailing unwanted inflows before they reach the common territory” (Lavenex, 2006, p.337).
From the using of methodology the first study used both qualitative and quantitative method to explore the issue of the study to get the outcome from the interpretive and positivist view. According to positivism, social phenomenon exists as an objective entity outside of the mind of the observer and the task of the researcher is to describe and analyze this objective reality in a neutral way (Della Porta & Keating, 2008: p. 23). For using quantitative method this study collects statistics about migrants and their rights from International Labor Organization, statistics about refugees and asylum seekers from the UN High Commission on Refugees, statistics about human rights of migrants from Human Rights Watch and statistics from NGO and civil society. To use qualitative method this study collects data from international convention, agreements and declarations about various aspects of migration under the context of global governance and analyzes them. In this study the methods of the research are not exactly suitable for satisfactorily answering the research question because there is no direct involvement of collecting statistical data to answer the research question by the author that arises the objectivity of the study. The second study used case study method to collect and analyze data to explore policy maker’s interest and motivation over migration. Case studies are, in a sense, intuitive (George and Bennett, 2005, p.5). They represent the very way in which humans learn: through concrete, context-dependent knowledge (Flyvbjerg, 2001, p.73). Context is everything, and it is the “detailed consideration of contextual factors” (George and Bennett, 2005, p.19). George and Bennett (2005, p.6) argue that “scholars’ understanding of case studies is often distorted by critiques based on the assumptions of statistical methods”. This study could apply qualitative data from international conference related to the role of EU institutions, member states and the third countries over migration.
In 1985, when governments of France, Luxembourg, Netherlands, France, Belgium agreed in a treaty to abolish border controls between themselves form then biased of this treaty citizens of this countries started to enjoy the four freedoms such as free movement of goods, capital, services and people. This service expanded in 1997 when European Union incorporated in Schengen Agreement and within July 2013 it also incorporated within 22 EU member states.
This free movement of Eu citizens has made a new roadmap of migration policy among those states. In a report published in 1991 stated that “in a Community where there will no longer be passport checks at the internal borders, it is essential that this new freedom is not misused to bypass the legal/administrative system established to control immigration” (Commission, 1991, p.4)
But unfortunately after these new policies, the EU countries started to observe that, migrants enter these countries through neighboring countries and cross the internal border. This situation emerges to reshuffle the previous policies and make a common EU migration policy.
External Policy is defined as a policy system where developing countries are marked in to conformities, exchanges of information’s, interest aggregations, and cooperation mechanisms with the EU on the basis of migrations issues.
Firstly its observes in 1991 by Maastricht treaty as this treaty mentioned the migration and asylum situation as “matters of common interest” (article K.1). The Treaty of Amsterdam in 1997 institutionally exercised over asylum and migration to the EU level and followed by the Treaty of Lisbon in 2007 extended the authoritative majority voting and co-decision with the EU. These treaties and initiatives have focused on anticipation of migration and developing related concepts like border controls.
From the beginnings of internal migration policy to making a common migration policy the most linking area is foreign policy and development policy. The EU is on process of making common migration governance policy for serving better support to asylum seeker. Council declared that “an effective and coherent development policy is an essential part of an effective migration policy” (Council, 2003, p.4)
“The global governance is the output of non-hierarchical network of international and transnational institutions” in which “not only IGOs and international regimes, but also transnational regimes are regulating actor’s behavior” (Rittberger, 2001: p.2). Sara Kalm states, “the past decade has also seen an increasing number of international organizations becoming involved in migration in its various aspects, a more conscious organization on part of non-governmental organizations in order to influence policy-making, and the emergence of independent policy initiatives with the ambition to address migration comprehensively” (2008: p. 36). Still there is no either UN migration organization or any international migration regime, and states still have a high degree of sovereignty in determining their own migration policies (Bhagwati 2004; Ghosh 2005; Betts 2008, 2011). The international cooperation under this coherent institutional refugee regime is generally understood regarding responsibility for assisting and protecting refugees, asylum seekers and internally displaced persons (Martin 2005, Kalm 2008). To make a general characteristic of UN specialized agencies, none of them has a formal institutional regime in contrast to the UNHCR, and their role in global migration governance should be considered as providing services and monitoring policy implementation. International Migration Programme (MIGRANT), responsible for labour migration in the ILO, aims to protect the rights of migrant workers, as well as to develop the understanding and knowledge base of migration (Kalm, 2008). To make a general comment on the ILO’s activities in the global migration governance, it has not been active enough in the debates on international migration until recently (Newland, 2002: p. 10).
After rejoining the debates at the beginning of the 21st century, it established a “World Commission on the Social Dimensions of Globalization” in 2002. In 2004, the Commission published its report named “A fair Globalization: Creating Opportunities for All” (ILO, 2004:a) and adopted the “Resolution Concerning a Fair Deal for Migrant Workers in a Global Economy” (ILO, 2004:b). Today, as a standard setting body, the ILO is focused on setting out non-binding principles and guidelines to develop the implementation of its labour migration policies. International cooperation and debates on global migration governance do not only take place at the global level, but also at the regional and inter-regional level. In general, this type of cooperation on international migration is identified as Regional Consultation Processes (RCPs). Making a quotation from 2007 Working Paper of GFMD, “RCPs are state-led informal groups made up of representatives of states in a given region, or like-minded states in one or more regions with common migration interests. Participants in RCPs come together in pursuit of coordination and in some instances coherence on migration issues through informal and nonbinding dialogue and information exchange” (2007: p. 2).
Immigration to the EU is not a new phenomenon, though in the early 2000s, a policy context emerged at the EU level which sought to link migration policy with foreign policy: foreign policy should be employed to achieve migration control objectives. This raises many questions, both in terms of internal and external governance. Third countries do not necessarily share the interest of the EU in preventing illegal migration, so why would they choose to cooperate? And within the EU, both migration policy and foreign policy are sensitive topics for member states’ sovereignty, so why would they choose to participate in such EU measures? The Mobility Partnerships are one of the tools of the EU’s Global Approach to Migration. They are political agreements, signed between the Commission, interested member states, and third countries. The rationale is to offer these third countries increased legal migration opportunities for their citizens to travel to the EU, in return for their cooperation on preventing illegal migration. The focus of later research was on the decision-making process on EU external migration policy. The decision-making process on the Mobility Partnerships can only be fully understood by applying a three-level game model. Three-level game models have been applied to EU external policies by other scholars (e.g. Larsén, 2007; Patterson, 1997; Collinson, 1999; Young, 2003), It has presented a complete conceptualization of the three-level game model, including the links between the three levels, the theoretical explanations for member states’ and third countries’ preferences, and the determinants of the size of the win-set for each participant. At the international level, the EU and third countries negotiate on migration issues. Third countries’ preferences can be accounted for either by the policy conditionality or social learning model. The policy conditionality model is a rationalist explanation which posits that third countries will cooperate with the EU if the expected benefits of doing so outweigh the expected costs.
The findings of the study adequately support the argument of the thesis in the later study but in the first study specific interview or case study could add more objectivity. To take this research further in the first study, the role of third countries in migration and in the later study, the role of UN based organization over EU migration might open new opportunities. The initial study was presented less clear and convincing way though the later one was more organized, clear and convincing to answer the research question.
The overriding concern of this literature review has been to analysis the emerging global governance of migration and to understand the logic behind the politics of international migration based on the theoretical implications. And also to explore the full conceptualization of the three-level game model, including explanations for the preferences of member states and third countries, and the conditions for agreement to be reached. It is also the first systematic analysis of the EU Mobility Partnerships.
Sabbir Hasan is Security Researcher at Police Academy, Ankara, Turkey.