Winston Peters’ claims of migration compact misinformation misinformation

Winston Peters has been accusing others of spreading misinformation about the UN Migration Compact that New Zealand voted in favour of this week, but he has been misinforming a bit himself, by implication at least.

Newstalk ZB (Wednesday) – Winston Peters: Misinformation around the UN migration compact is wrong

Peters says that they sought legal advice as there had been a lot of misinformation spread about the compact.

He says that Crown Law found that the seven major criticisms of the agreement were fundamentally wrong.

Peters says that in their statement to the United Nations tomorrow morning our time, they will be making it clear how New Zealand is interpreting the compact.

National Party Simon Bridges has vowed to pull out of the deal if his party gets into Government.

However, Peters says they initially signed up to the deal back in 2016.

“They won’t [pull out], because they were the ones that started this.”

National didn’t ‘start this’ – they just signed up to an agreement to develop an agreement.

On Friday, Gerry Brownlee said signing up the agreement wasn’t a good move.

He said to “hand over your immigration policy to scrutiny to other UN countries if you don’t do what is required – which is pretty much open borders – I think’s the wrong thing to do.”

The decision to develop a compact was first made by UN Member States, including New Zealand, in September 2016. The process towards it began in April 2017, stewarded by representatives from Mexico and Switzerland.

After months of negotiations, the final draft of the agreement was decided upon in July.

“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.

This is misinformation by Peters. The National led Government was a part of the process, but they didn’t decide on the finaal details of the compact.

Newshub on Friday:  New Zealand First slams ’emotional debate’ over UN Migration Compact

In an email on Friday, NZ First responded saying its “political adversaries” will be “telling everybody that they’re going to ‘overturn’ the UN Migration Compact and make various inflammatory claims that the ‘Compact’ is going to permit mass migration into New Zealand”.

The NZ First email, with the subject line “they are not telling the truth”.

But Peters is being somewhat flexible with ‘the truth’.

Committing to develop a Compact is a long way from voting for the final form.

Peters is reported as saying (about national) ‘they initially signed up to the deal back in 2016’. That’s clearly misinformation. It is nonsense to claim New Zealand signed up to a Compact before negotiations had begun.

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