Communication from the Commission to the Council - Contribution to the EU Position for the United Nations' High Level Dialogue on Migration and Development
Date: 2006-07-14
Institutions: European Commission
Subjects: EU migration policy, EU programme, cooperation policy, economic development, globalisation, integration of migrants, social development, the EU's international role, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.7.2006 
COM(2006) 409 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

Contribution to the EU Position for the United Nations' High Level Dialogue on 
Migration and Development 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

Contribution to the EU Position for the United Nations' High Level Dialogue on 
Migration and Development 

1. 

INTRODUCTION 

In  recent  years  increasing  attention  has  been  paid  to  international  migration,  to  its 
management and to its impact on economic and social development both in countries of origin 
of  migrants  and  in  their  countries  of  residence  –  not  least  against  the  background  of 
demographic  change,  ageing  societies  and  skill  shortages  in  the  industrialised  world,  on  the 
one  hand,  and  strong  population  growth  combined  with  often  insufficient  job  creation 
potential, low career prospects and persistently high unemployment in the developing world. 

In  addition,  the  consequences  of  migration  on  migrants  themselves,  their  rights  and  their 
welfare,  have  also  become  an  important  concern  for  the  international  community.  This  has 
been reflected at the UN level: international migration and its links with development was one 
of  the  main  subjects  addressed  during  the  1994  Cairo  Conference  on  Population  and 
Development, and in the aftermath of the Conference this issue has been tackled on various 
occasions in the UN framework, notably in the Economic and Social Council. 

International  migration  is  one  of  many  expressions  of  the  trend  towards  increasing 
globalisation. In this perspective, the European Union decided to progressively set up an EU 
policy on immigration and asylum, as common challenges call for common responses. With 
the coming into force of the Amsterdam Treaty on 1 May 1999, immigration policy became 
subject to EC decision-making rules. On that basis, the Tampere Programme, adopted by the 
European  Council  in  19991,  marked  the  start  of  the  setting  up  of  a  common  EU  policy  on 
immigration and asylum. Five years later – in November 2004 – the Hague Programme2 took 
stock  of  the  achievements  and  shortcomings  so  far  while  setting  up  an  ambitious  work 
programme for the coming five years. Implementation of the Hague programme is now well 
underway.  

The  European  Community  is  an  important  actor  in  the  global  debate  on  international 
migration, not least because EU immigration policy includes a significant external dimension. 
In  that  framework,  the  European  Commission,  representing  the  Community,  has  started  a 
comprehensive dialogue on migration-related issues with a broad range of third countries and 
regional  organisations,  covering  issues  that  include  the  linkages  between  migration  and 
development,  the  fight  against  illegal  immigration  and  human  trafficking  and  the 
strengthening  of  protection  for  asylum  seekers  and  refugees.  More  such  dialogues  will  be 
launched in the near future. In addition, the Community is providing financial assistance to a 
number  of  non-EU  countries  to  help  them  increase  their  capacity  to  manage  international 

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2 

Presidency Conclusions, European Council, Tampere, 15 and 16 October 1999. 
Presidency Conclusions, European Council, Brussels, 4 and 5 November 2004. 

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migration, notably in the framework of the AENEAS funding programme3, and it is working 
– in partnership with the countries concerned – towards integrating migration concerns into its 
geographical  development  and  cooperation  programmes,  including  by  addressing  the  root 
causes  of  emigration,  notably  through  an  external  programme  for  human  and  social 
development4.  Successful  implementation  of  these  and  similar  initiatives  is  done  in  close 
collaboration  with  Member  States  because  only  by  working  jointly  and  by  pulling  the 
resources together tangible results can be achieved.  

The  EU  is  committed  to  ensuring  that  fundamental  rights  of  migrants  and  refugees  are 
respected  and  that  migrants  in  host  societies  are  able  to  benefit  from  a  mutual  process  of 
adaptation and integration. It supports the full implementation of UN conventions in the area 
of  the  fight  against  all  sources  of  intolerances,  of  the  promotion  of  the  diversity  of  cultural 
expressions  in  societies,  and  more  generally  all  UN  initiatives  aimed  at  nurturing  a  human 
rights culture based on education of mutual respect and understanding between civilizations. 

The  Commission,  on  behalf  of  the  Community,  welcomes  the  decision  of  the  General 
Assembly  of  the  United  Nations  to  organise  a  High  Level  Dialogue  on  Migration  and 
Development on 14-15 September 2006, in the framework of its 61st session. In light of the 
increasing  importance  of  international  migration  it  considers  this  initiative  as  extremely 
timely.  Through  this  paper  the  Commission  wishes  to  share  this  experience  on  these  topics 
and make some suggestions in the context of the High Level Dialogue (hereafter HLD)5. 

2. 

IMPORTANT ISSUES TO BE ADDRESSED 

On the basis of the documents prepared by the Secretariat-General of the United Nations6 and 
of preparatory discussions so far, the EU would like to address a number of issues. Most of 
these  issues  were  also  dealt  with  in  the  report  by  the  Global  Commission  on  International 
Migration  (GCIM)7.  This  report  contains  a  number  of  useful  recommendations  that  are  a 
positive  contribution  to  discussions  in  the  framework  of  the  HLD,  for  example  on  labour 
migration, the linkages between migration and development, integration and the question how 
to  respond  to  the  challenges  of  illegal  migration.  Asylum  issues,  which  do  not  feature 
prominently  on  the  agenda  of  the  HLD,  are  not  addressed  here.  However,  the  EU  regards 
these  issues  as  very  important  and  is  developing  a  comprehensive  policy  to  respond  to  the 
challenges they raise. 

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Regulation  (EC)  No  491/2004  of  the  European  Parliament  and  the  Council  of  10  March  2004 
establishing  a  programme  for  financial  and  technical  assistance  to  third  countries  in  the  areas  of 
migration and asylum (AENEAS)  
Investing in people: Communication on the thematic programme for human and social development and 
the financial perspectives for 2007-2013 - COM(2006) 18 final of 25 January 2006. 
This Communication generally does not address EU policies to address intra-EU migration, which the 
EC does not regard as international migration. 
In particular 'International Migration and Development', Report from the Secretary-General, Document 
A/60/871, General Assembly, United Nations, 18 May 2006. 
“Migration in an interconnected world: new directions for action", report by the Global Commission on 
International Migration, October 2005. 

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2.1. 

Partnerships for a shared responsibility 

The  EU  believes  that  managing  migration  is  a  shared  responsibility  of  countries  of  origin, 
transit  and  destination.  This  is  all  the  more important  as  the  distinction  between  these  three 
categories of countries becomes increasingly blurred. Shared responsibility calls for enhanced 
cooperation between States to better manage migration, taking into account the interests and 
concerns  of  all  countries  involved.  The  Commission  believes  that  such  mechanisms  offer  a 
flexible, non-binding framework for identifying solutions to shared challenges, from fighting 
trafficking  in  human  beings  to  improving  the  channelling  of  migrants’  remittances  and 
fostering 'brain gain' and 'brain circulation'.  

In the framework of its broader cooperation agreements, the EU has developed a dialogue on 
migration-related  issues  with  various  countries  and  regions  in  the  world.  The  European 
Neighbourhood  Policy,  which  covers  countries  in  Eastern  Europe  and  the  Southern  and 
Eastern  Mediterranean,  is  a  case  in  point,  and  other  dialogue  processes  are  underway  with 
partners in Africa, Asia, Latin America and the Caribbean8. Such dialogue typically covers a 
broad  range  of  issues,  including  for  example  the  linkages  between  migration  and 
development, integration and treatment of migrants in their countries of destination, economic 
migration, the fight against illegal migration and trafficking in human beings, the situation of 
asylum  seekers  and  refugees,  the  impact  of  refugee  situations  on  development  and  more 
generally joint efforts to better manage economic migration. It can also lead to the provision 
of EU assistance through thematic and country-specific programmes to help partner countries 
build their capacity to better manage migration flows and to maximise the positive linkages 
between migration and development. 

Capacity building underpins this political dialogue. Third Countries have to define common 
objectives  and  working  arrangements  between  the  different  national  administrations  and  all 
stakeholders  including  civil  society  to  respond  to  the  challenges  of  migration.  They  can  be 
assisted in this process which  could result in the emergence of national migration strategies 
and action plans with a clear time frame and related budgetary planning.  

Working  with  African  States  and  regional  organisations  is  a  current  priority  of  the 
Community. The European Council Conclusions of December 2005 set out a list of priority 
actions  to  be  implemented  in  the  course  of  2006,  with  a  view  to  increasing  dialogue  and 
cooperation on the broad range of migratory issues between the EU and Africa9. One specific 
initiative  in  this  context  is  to  bring  together  countries  of  origin,  transit  and  destination,  in 
particular those along a given 'migration route', to address the challenges of migration.. 

2.2.  Managing economic migration in the mutual interest of countries of origin and 

destination  

The  management  of  economic  migration  is  closely  linked  to  the  debate  on  harnessing  the 
synergies between migration and development. While economic migration, if well managed, 
benefits  individual  migrants  and  countries  of  destination,  it  can  also  make  a  positive 
contribution to the development of countries of origin – in the short term, through the transfer 
of remittances; in the medium or long term, through the valorisation of the skills, experience 
and  social  capital  acquired  by  migrants  in  host  countries.  This  can  be  achieved  through 

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A parallel dialogue is also underway with the ACP (African, Caribbean and Pacific) grouping as such. 
'Global Approach to Migration: Priority action focusing on Africa and the Mediterranean', Presidency 
Conclusions, European Council, Brussels, 15 and 16 December 2005. 

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various means including voluntary return migration. However, definitive return is not always 
an  attractive  option  for  migrants,  hence  the  current  interest  in  the  concept  of  circular 
migration with a view to promoting brain circulation. Such migration can take several forms, 
from temporary or seasonal migration to temporary or virtual migration schemes such as those 
managed by organisations including the International Organisation for Migration (IOM) and 
the  United  Nations  Development  Programme  (UNDP),  and  to  which  the  Community  and 
some of its Member States are actively contributing.  

The  Commission  has  set  out  orientations  for  facilitating  voluntary  return  migration  and 
encouraging circular migration in its Communication on migration and development10 and in 
its  Policy  plan  on  legal  migration11.  The  latter  document,  which  sets  out  the  Commission’s 
work  plan  for  the  coming  years  in  areas  related  to  the  admission  of  legal  migrants,  also 
includes  other  orientations  that  can  be  of  interest  to  countries  of  origin,  such  as  more 
accessible information on the possibilities and the conditions for legal employment in the EU 
and the possibility of making assistance available to institutions that would provide training to 
would-be  migrants  in  countries  of  origin,  so  that  they  can  match  the  labour  needs  of  EU 
Member  States.  Furthermore,  the  definition  of  clear  and  well-defined  admission  procedures 
for labour migrants should contribute to better managed migration flows in the interest of all 
parties concerned. 

In some cases, however, economic migration to developed countries can create problems for 
countries  of  origin,  by  producing  human  resource  bottlenecks  in  specific  sectors  or 
occupations.  The  Commission  has  started  to  identify  possible  responses,  in  particular 
mechanisms  to  discipline  recruitment  and  promote  ethical  recruitment  practices,  monitoring 
mechanisms  and  support  to  partnerships  between  institutions  in  EU  Member  States  and  in 
developing countries. It has made more specific proposals regarding the healthcare sector in a 
separate Communication12. In addition, dealing with brain drain and mitigating the impact of 
skills losses will be one of the main topics in the dialogue on migration-related issues which 
the  Community  is  launching  with  the  African  Union  and  a  with  number  of  individual 
countries in Africa, on the basis of article 13 of the Cotonou Agreement. 

Moreover, economic migration is also a South-South reality, as it frequently occurs between 
developing countries, notably in the framework of regional integration initiatives, which the 
EU actively supports. While it can bring significant benefits, such migration also raises issues 
of administrative capacity in developing countries that call for adequate support. 

Directly  related  activities  include  joint  efforts  to  strengthen  the  social  dimension  of 
globalisation,  to  take  full  account  of  and  mitigate  employment  and  social  impacts  of  trade 
policies and market liberalisation, and to promote decent work as a global goal.13  

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‘Migration and Development: some concrete orientations’, COM(2005) 390 final of 1 September 2005.  
'Policy Plan on Legal Migration', COM(2005) 669 final of 21 December 2005.  
'EU  Strategy  for  Action  on  the  Crisis  in  Human  Resources  for  Health  in  Developing  Countries', 
COM(2005) 642 final of 12 December 2005. 
"The Social Dimension of Globalisation - the EU's policy contribution on extending the benefits to all" 
- Commission Communication adopted on 18 May 2004 COM(2004) 383; Communication "Promoting 
decent work for all: The EU contribution to the implementation of the decent work agenda in the world" 
(COM(2006) 249) and its Annex (SEC(2006) 643), both dated 24 May 2006. 

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2.3. 

Integration of third-country nationals  

Effective integration policies are key to ensuring that migration works to the benefit of both 
host countries and the migrants themselves. As more and more countries in the world become 
host  countries,  the  Commission  believes  that  there  is  a  case  for  encouraging  exchanges  of 
experiences on policies that work for integration. 

The Community and its Member States have developed comprehensive policy approaches to 
the integration of migrants. A set of common principles has been identified by the Council14 
and further developed by the Commission15. The Commission has also published a Handbook 
on  Integration  for  policy-makers  and  practitioners16;  a  new  edition  of  this  publication  is 
foreseen towards the end of 2006.  

In  addition,  several  pieces  of  Community  legislation  which  have  recently  come  into  effect 
will contribute to better integration of migrants, including the Directives on the status of third-
country  nationals  who  are  long  term  residents17  and  on  family  reunification18.  Further, 
Community  legislation  on  discrimination19  is  of  direct  relevance.  The  rules  on  racial  and 
ethnic discrimination, in particular, cover a wide range of areas where unfair treatment against 
migrants might occur, including access to jobs, working conditions, rates of pay and the rights 
and  benefits  linked  to  a  job,  access  to  education  and  training,  to  goods  and  services,  social 
security benefits and health care.  

Integration policies, and in particular the rights and treatment of third-country nationals, are 
already the subject of regular discussions between the Community and various third countries 
in  the  context  of  broader  dialogue  on  migration-related  issues.  However,  the  Community  is 
ready to share its experience and practices in this area with other interested countries and in 
international fora. 

2.4. 

Combating 
fundamental rights 

illegal  migration  and  human  trafficking 

in  full  respect  of 

The  distinction  between  legal  and  illegal  migration  is  a  fundamental  feature  of  Community 
immigration policy. Combating illegal migration in all its dimensions is a necessary element 
of a managed migration programme.  

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Common Basic Principles on Integration adopted by JHA Council of 19 November 2004. 
'A Common Agenda for Integration: Framework for the Integration of Third-Country Nationals in the 
European Union', COM(2005) 389 final of 1 September 2005. 
European Commission, November 2004.  
Council Directive 2003/109/EC of 25 November 2003. 
Council Directive 2003/86/EC of 22 September 2003. 
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between 
persons irrespective of racial or ethnic origin, and Council Directive 2000/78/EC of 27 November 2000 
establishing a general framework for equal treatment in employment and occupation.  

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Since 2001, a comprehensive approach has been developed that encompasses all stages of the 
migration  chain,  including  cooperation  with  countries  of  origin  and  transit,  border  control, 
measures taken after illegal entry, and readmission and return policy. Such an approach is laid 
down in several Communications and Action Plans on illegal immigration, integrated border 
management and return policy. 

An  effective  policy  to  reduce  illegal  immigration  requires  a  mixed  strategy,  which  contains 
measures aimed at both further harmonisation of Member States’ legislation and at enhanced 
operational cooperation, as well as appropriate policies and incentives to promote economic 
growth and job creation in countries of origin. At the same time external factors are addressed 
through  cooperation  with  countries  of  origin  and  transit.  All  measures  proposed  by  the 
Commission  in  this  field  are  subject  to  an  in-depth  scrutiny  to  ensure  that  they  are  fully 
compatible  with  fundamental  rights  as  general  principles  of  Community  law  as  well  as 
international law, including refugee protection and human rights obligations derived from the 
European Convention on Human Rights. A particular emphasis is given to provisions dealing 
with  procedural  safeguards,  family  unity,  and  safeguards  with  respect  to  detention  and 
coercive  measures.  The  Commission  is  about  to  present  a  new  Communication  on  illegal 
immigration which will summarise EU policy in this area. 

In  order  to  effectively  address  human  trafficking,  an  integrated  approach  is  needed,  taking 
into account its global nature20 and based on respect for fundamental human rights. 

The  persons  concerned,  their  needs  and  rights  are  at  the  centre  of  the  EU's  policy  against 
human trafficking. At the same time, the prevention of and the fight against human trafficking 
is an essential element of the Community's efforts to improve the checks and surveillance at 
the  external  borders  and  to  enhance  the  fight  against  illegal  immigration.  Moreover,  in 
accordance with Community legislation, Member States are encouraged – in order to improve 
the status of trafficked persons – to grant to those third-country nationals who are victims of 
trafficking  and  who  intend  to  testify  against  the  traffickers  a  special  residence  permit  and 
additional  specific  rights  for  the  duration  of  the  criminal  proceedings21.  Finally,  in  this 
context, the Commission would recall its proposal for a Decision on the conclusion of the UN 
Protocols on human trafficking and migrant smuggling as soon as possible.  

The EU is eager to intensify exchanges of experiences with other interested countries on best 
practices in the fight against human trafficking and in the treatment of victims thereof. 

2.5.  Making migration work for development 

The  potential  for  migrants  to  make  a  positive  contribution  to  the  development  of  their 
countries  of  origin  is  increasingly  being  recognised.  The  Commission  believes  that  these 
issues,  which  have  recently  been  the  subject  of  discussions  in  various  international  fora, 
should be at the centre of the debates at the HLD.  

Issues  such  as  migrants’  remittances  and  their  possible  contribution  to  the  development  of 
countries of origin, the role that can be played by diasporas and their members in contributing 
to  the  economic,  social  and  human  development  of  these  countries,  or  the  promotion  of 
circular migration, are among those areas where the benefits of cooperation between countries 

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'Fighting  trafficking  in  human  beings  -  an  integrated  approach  and  proposals  for  an  action  plan', 
COM(2005) 514 final of 18 October 2005. 
Council Directive 2004/81/EC of 29 April 2004. 

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of  origin  and  destination  can  be  greatest.  For  example,  minimising  the  costs  of  remitting 
money  can  best  be  achieved  if  countries  of  origin  and  destination  work  hand  in  hand. 
Likewise, Diaspora mobilisation is most effective if efforts are undertaken at both ends.  

The  Commission  summarised  the  orientations  it  intends  to  follow  in  this  area  in  a 
Communication adopted on 1 September 200522. Whereas some of the orientations contained 
in this document can be introduced by the EU unilaterally (for example measures to increase 
competition and transparency in the market for remittance services, or measures in the area of 
residence  rights),  most  can  only  be  implemented  in  cooperation  with  interested  countries  of 
origin.  With  this  Communication,  the  Commission  therefore  proposes  working  with  partner 
countries  in  the  developing  world  to  help  them  capitalise  on  the  potential  benefits  that 
migrants  can  bring  to  their  countries  of  origin.  It  is  ready  to  integrate  this  objective  in  its 
development  cooperation  programmes  with  these  countries,  where  appropriate  and  agreed. 
Funding  has  already  been  provided  through  the  AENEAS  programme,  for  example  by 
supporting  initiatives  of  Diaspora  communities  to  contribute  to  the  economic  and  social 
development of their home communities and to facilitate the use of remittances for productive 
investments and development initiatives.  

To really take advantage of these links and synergies it is important to ensure that short-term 
measures go hand in hand with a long-term approach, with migration policy and development 
policy  properly  integrated.  In  this  context,  migration  is  increasingly  being  incorporated  into 
the  Country  and  Regional  Strategy  Papers,  which  constitute  the  framework  under  which 
Community assistance to its developing country partners is programmed. This has contributed 
to  a  better  understanding  of  the  migration  and  development  dimension,  and  has  allowed 
several  developing  countries  to  highlight  issues  such  as  addressing  brain  drain  or  the 
mobilisation of their Diasporas as priorities for future Community assistance. 

Further,  the  availability  of  decent  jobs,  income  opportunities  and  working  conditions  in 
sending  countries,  as  well  as  the  absence  of  conflict  or  of  unsustainable  pressures  on  the 
environment  can  help  ensure  that  when  an  individual  migrates,  he  or  she  does  so  out  of 
choice. The EU’s development policy23 addresses these and other push factors of migration, 
through its contributions – in partnership with developing countries – to poverty eradication, 
conflict prevention, economic development, trade promotion, the promotion of human rights 
and good governance, the protection of the environment and its assistance towards attaining 
the  Millennium  Development  Goals.  The  EU  provides  over  half  of  the  world’s  aid  and  has 
committed itself to further increase this assistance, together with its quality and effectiveness. 

The Commission believes that the root causes of migration, as well as the way in which other 
development donors could increase their contribution to addressing them, should be discussed 
in the UN framework as well as the positive links and synergies that exist between migration 
and development policies. Indeed, the Commission believes that the links between migration 
and  development  offer  significant  potential  for  furthering  development  goals,  without  of 
course constituting a substitute for or an alternative to Official Development Assistance.  

22 

23 

‘Migration and Development: some concrete orientations’ (COM(2005) 390 final). The annexes to this 
Communication  include  numerous  examples  of  good  practices  developed  in  EU  Member  States  and 
elsewhere. 
The European consensus on development, November 2005. 

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3. 

AFTER THE HIGH-LEVEL DIALOGUE: THE WAY FORWARD  

The  Commission  notes  the  Secretary-General's  proposal  to  establish  a  Permanent  Forum  to 
share  experiences24  as  a  follow-up  to  the  HLD.  The  Commission  believes  that  this  Forum 
should take the form of an informal, voluntary and non-binding process under the auspices of 
the United Nations but driven by States and other relevant participants, in which views and 
experiences could be exchanged on a number of migration-related issues which have a direct 
impact  on  development  and  show  a  potential  for  producing  win-win  outcomes  for  all 
participants in the migration chain, and in particular countries of origin.  

The  Commission  believes  that  the  various  issues  addressed  in  the  report  are  relevant  to 
improving  the  management  of  international  migration.  However,  it  also  believes  that  the 
proposed forum would have greater added value if it were to concentrate its work as a matter 
of  priority  on  those  issues  where  there  is  a  potential  to  achieve  concrete  progress  for  the 
development of countries of origin, based on the actual experiences of participating States and 
organisations, for instance: 

–  policies and actions to foster the contribution of migrants to the development of countries 

of origin, including through remittances; 

–  policies and actions to improve the management of economic migration – including South-

South migration – in the mutual interest of countries of origin and destination; 

–  policies  and  actions  to  limit  brain  drain  and  to  foster  circular,  temporary,  seasonal  and 

virtual migration; 

–  policies and actions to fight illegal migration and human trafficking; 

–  as well as initiatives aimed at helping build capacity in these various areas. 

In  addition,  the  Commission  believes  that  it  is  important  to  concentrate  on  reinforcing  the 
efforts that are already underway to improve coordination between the various UN agencies 
and  other  international  organisations  active  in  the  area  of  migration  management.  In  this 
respect, the Commission welcomes the setting up at the initiative of the Secretary-General of 
the Global Migration Group. It expects a simplification of the institutional setting, as well as a 
process  of  reinforced,  regular  and  transparent  coordination  of  the  main  international 
organisations on migration related issues and would welcome further information on the role 
and functioning of this Group. 

4. 

CONCLUSION 

International  migration  has  become  an  important  issue  on  the  policy  agenda  of  the 
international  community  and  this  is  likely  to  remain  so  for  the  foreseeable  future.  The 
Commission  hopes  that  through  political  dialogue  and  exchange  of  best  practices  at  the 
international level, the High Level Dialogue will start a process, towards a global consensus 
on how to improve the linkages between migration and development. In this perspective, it is 
ready to play an active role in the work of the High Level Dialogue and to contribute to the 
debate on the kind of follow up that should be put in place. 

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'International Migration and Development', Report from the Secretary-General. 

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