REPUBLIC OF AUSTRIA

United Nations General Assembly

Global Migration and Its Impact Toward National Security and Human Right
Willies Meliana & Muflih Dwi Fikri - Universitas Sebelas Maret

“Stopping and returning illegal migrants to their countries of origin must become standard
procedure.”
~Sebastian Kurtz, Former Chancellor of Austria~
Migration is the movement of people over national borders. It can also be further divided
into legal and recorded or illegal and unrecorded migration1. The insecurity caused by migrant
mostly come from illegal migrant that violence of the immigration laws of a country, or continued
residence of people without the legal right to live in that country2. Currently, more than 4 million
undocumented or illegal migrants in Asia, 5,4 million in Europe, 11,3 million in United States,
along with other 258 million international migrants making this issue a global concern.3
Although, the United Nations already address through several conventions like United
Nations Global Compact for Migration but it still has a lot of weaknesses. The convention would
reduce Member State’s sovereignty and mix up the difference between illegal and legal
immigration as well as that between economic and humanitarian immigration. The treaty would
not allow categorical detention of illegal immigrants, and that the treaty would make migration a
human right. The particular circumstances would threaten the national security of Member States.
It violence the Article 2 of the UN Charter regarding the principle of sovereignty.4
Austria through the Asylum Act (AsyIG) of 1991, which makes Austria more restrictive
toward immigrant to enter the country and also increase the use of deportation to deal with
unwanted migration. It due to Austria’s experience in 1945-1973 become part of the “guest
worker” system. After World War II, migrant worker was actively encouraged to come and join
the workforce in Austria, but the situation changed once migration evolved into refugee
movements and asylum procedures became the central mode of access to the country. However,
Austria realize every human are protected by human rights. Due to that, Austria follow the
minimum standard in ensuring the immigrant right, like international protection and basic welfare
support, with note they are entering the Austria legally and follow the mechanism of positive law.5
The current issue of the global migration is a lot of migrants willing to leave their countries
because improper circumstances force them to leave, like economic pressure and climate change.
Their status also limited under Refugee Law 19516. To address the issue, Austria would like to
propose a solutions call JOGJA AGREEMENT, that consist some gradual measure as follows:

1 United Nations, Migration, https://www.un.org/en/sections/issues-depth/migration/index.html

2 Taylor, Mark. The Drivers of Immigration in Contemporary Society. Human Ecology. 2007
3 Rodrig, Miriam Farhri, Global Migration: A Transnational Problem. 23rd World Congress of Philosophy. 2013
4 Espinoza, Maria Vera, Leila H. & Leiza B., Global Compact for Migration: What is it and Why are Countries Opposing it?.

https://theconversation.com/global-compact-for-migration-what-is-it-and-why-are-countries-opposing-it-106654
5 Merhaut, Nina & Verena Stern, Asylum Policies and Protest in Austria. IMISCOE. 2018
6 UNHCR, The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol. 2011
 Phase 1:
Establishment of International Data Collection for Emergency Migrant (IDEM)

This program is to collect the data for migrant that they should leave their countries
as soon as possible. The aim of the program is to make their proposal to come across a
country will be easier. The program will be run under United Nations Statistics Division
(UNSD) and the United Nations High Commissioner for Refugee (UNHCR). The data
collected is like their basic identity, and their purpose of leave and come to particular. Then,
the IDEM Team would assess the status of migrant could be considering emergency
migrant or not.
If the migrant fulfils the requirement as the emergency, the data collected by IDEM
will send directly to particular country that migrant would enter. However, the program is
prioritizing the sovereignty of a country, so the Member States have their right to accept
or reject the particular migrant. If the country accepts the entry proposal, the migrant would
get International Temporary Entry Permission.

Phase 2:
Establishment of International Temporary Entry Permission (ITEP)
ITEP is like a “international visa” or legal permission for migrant that collect their
data through International Data Collection of Emergency Migrant (IDEM) and get
permission to enter the particular country. The ITEP only valid for 30 days, and during the
period the migrant should comply the immigration legal standard according to each
country. For example, if the member states require the migrant have income, residence
and other things according to their policy, the migrant should fulfil it if they are willing to
extend. Although, the migrant has ITEP as the legal permission to stay 30 days in the host
country, but the particular country could deport their back to their origin country if they
are violence the provision of the country during the period.

Phase 3:
Establishment of Safe Deportation of Immigrant Standard
Countries that are willing to protect their national security are allowed to deport the
unwanted migrant, the overstay and migrant that violence the national provision. However,
the country should respect human rights. The chapter of this agreement would regulate the
standard of deportation that must be fulfilled by country, such as the period, the protection,
basic rights, circumstances that allow to deport, and the others.

Republic of Austria believe that JOGJA AGREEMENT could accommodate the national
security and protect the human rights of migrant at the same time. Moreover, Austria would open
for further discussion and collaboration with another Member States solutions towards the issue.
 References

Espinoza, Maria Vera, Leila H. & Leiza B., Global Compact for Migration: What is it and Why
are Countries Opposing it?. https://theconversation.com/global-compact-for-migration-what-is-it-
and-why-are-countries-opposing-it-106654 accessed on November 5th, 2019.

Merhaut, Nina & Verena Stern, Asylum Policies and Protest in Austria. IMISCOE. 2018

Rodrig, Miriam Farhri, Global Migration: A Transnational Problem. 23rd World Congress of
Philosophy. 2013

Taylor, Mark. The Drivers of Immigration in Contemporary Society. Human Ecology. 2007

UNHCR, The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol. 2011

United Nations, Migration, https://www.un.org/en/sections/issues-depth/migration/index.html

accessed on November 5th, 2019.