NZ First email to members on UN migration compact

The NZ First Party is trying to address what looks like widespread criticism of Winston Peters for his support as Foreign Minister of the UN compact on migration.

See:

NZ First has focussed on a response to criticism in their Christmas message to members.

The press release:

Government legal advice says UN Migration Compact doesn’t compromise sovereignty

Foreign Affairs Minister Winston Peters says New Zealand will support the UN Global Compact for Safe, Orderly and Regular Migration after being satisfied fears about the document are unfounded.

“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.”

Specifically the legal advice has stated that:

  • The compact is non-legally binding and does not create legal obligations;
  • It does not establish customary international law;
  • The compact should not be taken to give the legal instruments referred to in the text as having any binding effect that those instruments do not already have in international law;
  • It reaffirms the sovereign right of States to determine national immigration policy and laws and that States have the sole authority to distinguish between regular and irregular migratory status;
  • The compact does not establish any new human rights law, nor create any new categories of migrants, nor establish a right to migrate.
  • The compact in no way restricts or curtails established human rights, including the right to freedom of expression.

“The legal advice from Crown Law is not surprising but is important advice in debunking falsehoods or misguided perceptions being spread about the implications of this framework,” said Mr Peters.

“We are aware that the statements of other countries voting in support of the compact, such as the United Kingdom, are underpinned by legal advice supporting their positions.”

“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.

“New Zealand is voting for the Compact because we support greater efforts in controlling migration issues while also being confident our own sovereign decision making isn’t compromised,” he said.

Note – legal advice is attached

There is no link to the legal advice, but it can be found here.

Comments on this at Reddit: Email from NZ first on UN compact

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23 Comments

  1. lurcher1948

     /  22nd December 2018

    It’s a well written letter,about a compact that keeps us in step with the rest of the world.

    Reply
    • artcroft

       /  22nd December 2018

      Winston’s gambit was always being a maverick, out os step with the world. That’s why he struggles to get above 5%. For an anti-immigrant party to sign this pact is just blatant hypocrisy.

      Reply
  2. Blazer

     /  22nd December 2018

    National are/were in favour of it.

    Reply
    • artcroft

       /  22nd December 2018

      Now is the time to destroy Winston First, and this issue is the stake that should be driven through its heart. Come on Simon… you know what to do.

      Reply
    • Trevors_Elbow

       /  22nd December 2018

      Really? Got a link to prove that assertion or is it another ‘trust me I’m blazer master of the Universe’ statement?

      Saying you will LOOK at something when the final draft emerges and saying you support it are two very different things… so time to put up your supporting evidence Blazer

      Reply
  3. duperez

     /  22nd December 2018

    When all else fails resort to appealing to those with the ability to at least read and reason.

    If the world operated as it should we wouldn’t have the farcical circus of pre-election TV debates run by Hosking, we wouldn’t have the Compact discussion happening as it is. We’d have Peters and Bridges in a decent length backgrounding, discussion, debate, whatever, on prime time about it.

    Hear the calls already? “People aren’t interested, people wouldn’t watch that for 90 minutes.” Well if people aren’t interested maybe they should just shut up about it. They don’t want to be informed but they make out they know everything so can make intelligent decisions. And then they want to ram their ill-informed opinion down everyone else’s throats.

    Reply
    • Gezza

       /  22nd December 2018

      Too bloody right, dupers. Right on there, brother ! 👍
      I know I often bloody do ! 💪

      Reply
  4. lurcher1948

     /  22nd December 2018

    A National party/kiwiblog attack shock horror scare post,read and believed by rightwing fools
    https://www.kiwiblog.co.nz/2018/12/nz_population_would_double_with_open_migration.html

    Reply
  5. The Consultant

     /  22nd December 2018

    But, but, but…
    Why is this necessary at all when Duker assured us the other day that:

    They arent NZ first voters… they are jigged up by national partys emails to go out and ‘do this’

    Its well known national party activists play the same game on talkback and social media

    🙂

    Reply
    • Jay3

       /  22nd December 2018

      The research unit of the Labour Party is clearly privy to information which the rest of us don’t have.

      Reply
  6. Trevors_Elbow

     /  22nd December 2018

    blah blah blah. Activist Judges will use the Compact as a buttress to make law…along the lines of: ‘the Government signed the compact therefore they must mean the want more open migration including undocumented, queue jumping, illegal migration so you are free to stay’ argument. Our Judiciary are quite fond of taking the law and shaping it to their expectations…

    Reply
    • Gezza

       /  22nd December 2018

      Poor blighters probably can’t get good help these days.

      Reply
    • PartisanZ

       /  22nd December 2018

      “Activist judges with use the … ”

      That’s a Party Line if ever I heard one … not sure which Party though …

      Reply
      • Trevors_Elbow

         /  23rd December 2018

        No Parti its common sense and experience – I know you don’t recognise it through your blind socialist eyes, but its how things work in our Judiciary process. Judges circumvent parliaments intent relentlessly and this compact is a not so subtle trojan horse for Judges inclined to socialist global migration strategy to achieve an outcome without parliament, i.e. the will of the people, being consulted.

        Reply
        • PartisanZ

           /  24th December 2018

          Very happy to look at links proving “Judges circumvent parliament’s intent relentlessly” Trevor … Until then forgive me if I take what you say with a grain of salt.

          Global migration strategy is a direct result of the ideologically-driven capitalist ‘globalization’ formula … for the sake of brevity let’s call it neoliberalism?

          There have been refugee crises in parts of the world; unforeseen consequences of so-called “global free markets” …

          Me, I’m very happy indeed for there to be Courts – which don’t make laws – independent of Parliament in which laws can be tested … especially nowadays when laws very often represent “the will of a few people” and the public remain unconsulted …

          So please elaborate? Which “relentless experiences” are you referring to?

          Reply
  7. Gezza

     /  22nd December 2018

    Yet another leak to Beehive Letters

    Reply
  8. Gezza

     /  22nd December 2018

    The Global Migration Compact
    UN Backgrounder
    https://refugeesmigrants.un.org/migration-compact

    Global Migration Compact Text
    http://undocs.org/en/A/CONF.231/3

    Reply
    • Gezza

       /  22nd December 2018

      This seems to be the guts of it:

      OUR COOPERATIVE FRAMEWORK
      16. With the New York Declaration for Refugees and Migrants we adopted a political declaration and a set of commitments. Reaffirming that Declaration in its entirety, we build upon it by laying out the following cooperative framework comprised of 23 objectives, implementation, as well as follow-up and review. Each objective contains a commitment, followed by a range of actions considered to be relevant policy instruments and best practices. To fulfil the 23 objectives, we will draw from these actions to achieve safe, orderly and regular migration along the migration cycle.

      Objectives for Safe, Orderly and Regular Migration
      (1) Collect and utilize accurate and disaggregated data as a basis for evidence-based
      policies
      (2) Minimize the adverse drivers and structural factors that compel people to leave their
      country of origin
      (3) Provide accurate and timely information at all stages of migration
      (4) Ensure that all migrants have proof of legal identity and adequate documentation
      (5) Enhance availability and flexibility of pathways for regular migration
      (6) Facilitate fair and ethical recruitment and safeguard conditions that ensure decent work
      (7) Address and reduce vulnerabilities in migration
      (8) Save lives and establish coordinated international efforts on missing migrants
      (9) Strengthen the transnational response to smuggling of migrants
      (10) Prevent, combat and eradicate trafficking in persons in the context of international
      migration
      (11) Manage borders in an integrated, secure and coordinated manner
      (12) Strengthen certainty and predictability in migration procedures for appropriate
      screening, assessment and referral
      (13) Use migration detention only as a measure of last resort and work towards alternatives
      (14) Enhance consular protection, assistance and cooperation throughout the migration
      cycle
      (15) Provide access to basic services for migrants
      (16) Empower migrants and societies to realize full inclusion and social cohesion
      (17) Eliminate all forms of discrimination and promote evidence-based public discourse to
      shape perceptions of migration
      (18) Invest in skills development and facilitate mutual recognition of skills, qualifications and
      competences
      (19) Create conditions for migrants and diasporas to fully contribute to sustainable
      development in all countries
      (20) Promote faster, safer and cheaper transfer of remittances and foster financial inclusion
      of migrants
      (21) Cooperate in facilitating safe and dignified return and readmission, as well as
      sustainable reintegration
      (22) Establish mechanisms for the portability of social security entitlements and earned
      benefits
      (23) Strengthen international cooperation and global partnerships for safe, orderly and
      regular migration

      Reply
      • Gerrit

         /  22nd December 2018

        Not to sure the curbing of press freedom and the curtailment of the right of anyone to critize the UN migration policy is worthy of the name cooperation.

        “It is in the middle section, however, where we find the insidious commitment to UN control of media. In this section, signatories will engage in “sensitizing and educating media professionals,” as well as “stopping allocation of public funding or material support to media outlets.”

        http://www.scoop.co.nz/stories/PO1811/S00328/pm-to-submit-to-un-control-of-media-and-free-speech.htm

        “It is not the state’s role, or the UN’s role, to control, coerce, ‘sensitise’ and manipulate the media. It is the media’s role to monitor and challenge the government, and they cannot do that when the government is committed to restricting their funding if they do not agree with the government’s education in relation to migrant related issues and terminology. Any criticism of migration (read criticism of refugee policies) by the media or anyone will be deemed Hate Speech. “

        Reply
        • PartisanZ

           /  24th December 2018

          “It is not the state’s role, or the UN’s role, to control, coerce, ‘sensitize’ and manipulate the media. It is the media’s role to monitor and challenge the government … ”

          Got this all arse-about-face. Should read: It is the media’s role to ‘desensitize’ and
          manipulate, control and coerce the public on behalf of the government, aka governing corporate-political elites. It is not the State’s role, or the UN’s role, to monitor and challenge the government.

          No Rightie has anything to complain about here IMHO. This “legally non-binding” ‘compact’ supports the very types of migration conducive to globalization including globalized labour markets …

          The ‘New Right’ have been using “public discourse to shape perceptions” since they named themselves “The New Right” …

          Just because organisations they have a diabolically paranoid fear of being ‘Leftist’ use their own concepts and spin – e.g. evidence-based – doesn’t mean there’s necessarily anything to really worry about …

          Reply
      • Gezza

         /  22nd December 2018

        @Gerrit

        Ah, yes – that’s there. I can sure see some fish hooks in among this lot.

        Objective 17: Eliminate all forms of discrimination and promote evidence-based public discourse to shape perceptions of migration
        33. We commit to eliminate all forms of discrimination, condemn and counter expressions, acts and manifestations of racism, racial discrimination, violence, xenophobia and related intolerance against all migrants in conformity with international human rights law. We further commit to promote an open and evidence-based public discourse o migration and migrants in partnership with all parts of society, that generates a more realistic, humane and constructive perception in this regard. We also commit to protect freedom of expression in accordance with international law, recognizing that an open and free debate contributes to a comprehensive understanding of all aspects of migration.

        To realize this commitment, we will draw from the following actions:
        (a) Enact, implement or maintain legislation that penalizes hate crimes and aggravated hate crimes targeting migrants, and train law enforcement and other public officials to identify,
        prevent and respond to such crimes and other acts of violence that target migrants, as well as to provide medical, legal and psychosocial assistance for victims;
        (b) Empower migrants and communities to denounce any acts of incitement to violence directed towards migrants by informing them of available mechanisms for redress, and ensure that those who actively participate in the commission of a hate crime targeting migrants are held accountable, in accordance with national legislation, while upholding international human rights law, in particular the right to freedom of expression;
        (c) Promote independent, objective and quality reporting of media outlets, including Internet-based information, including by sensitizing and educating media professionals on migration related issues and terminology, investing in ethical reporting standards and advertising, and stopping allocation of public funding or material support to media outlets that systematically promote intolerance, xenophobia, racism and other forms of discrimination towards migrants, in full respect for the freedom of the media;
        (d) Establish mechanisms to prevent, detect and respond to racial, ethnic and religious profiling of migrants by public authorities, as well as systematic instances of intolerance, xenophobia, racism and all other multiple and intersecting forms of discrimination, in partnership with national human rights institutions, including by tracking and publishing trend analyses, and ensuring access to effective complaint and redress mechanisms;
        (e) Provide migrants, especially migrant women, with access to national and regional complaint and redress mechanisms with a view to promoting accountability and addressing governmental actions related to discriminatory acts and manifestations carried out against migrants and their families;
        (f) Promote awareness-raising campaigns targeted at communities of origin, transit and destination in order to inform public perceptions regarding the positive contributions of safe, orderly and regular migration, based on evidence and facts, and to end racism, xenophobia and stigmatization against all migrants;
        (g) Engage migrants, political, religious and community leaders, as well as educators and service providers, to detect and prevent incidences of intolerance, racism, xenophobia and other forms of discrimination against migrants and diasporas, and support activities in local communities to promote mutual respect, including in the context of electoral campaigns.

        That last one is interesting, given Peters’ habitual but cleverly worded anti-immigrant dog-whistling come every 2nd election or so. Must be going to retire at the end of this term.

        Reply
        • Alan Wilkinson

           /  22nd December 2018

          Looks like “Whitey go home” will be outlawed?

          Reply
        • Gerrit

           /  23rd December 2018

          In other words the immigrants (legal or queue jumper) has more rights than a local citizen.

          All the local citizen is useful for is to stump up the taxes to pay for the perpetual immigrant tidal wave.

          I notice there is no indication of just when an immigrant looses their immigrant status.

          Perpetually the tax payer could be paying for the immigrant’s full care until the cows come home.

          Reply

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