Migration in partnership. Ensuring rights and results

Five Schools of Thought

In their joint advice, the councils present five schools of thought for effective partnerships:

1. Towards Broad Strategic Partnerships

The Netherlands should make strategic choices to establish broad and mutually beneficial partnerships, taking greater account of the interests of the partner countries involved. This means that, in exchange for agreements on return, border control, and combating irregular migration, the Netherlands should commit more broadly—for example, in the areas of regular (circular) labour migration, student visas, trade, and investment.

2. Towards Strengthening Legality

The legality of partnerships must be safeguarded more effectively. This is not only a legal (and moral) obligation under international law but also a prerequisite for the effectiveness of partnerships, just like mutual benefit. To ensure legality, agreements and the implementation of partnerships must be risk-based and independently monitored. Additionally, the Netherlands should maintain a minimum standard: migrants should not be returned or deported to countries where they are unsafe; there should be no cooperation with pushbacks or pullbacks; and migrants should not be detained where their rights are not guaranteed. The Netherlands should establish binding agreements on shared responsibility and clearly define the consequences of non-compliance. It should also be transparent what happens if one or both partners fail to uphold the agreements.

3. Towards European Cooperation

The councils advise the Netherlands to shape migration partnerships as much as possible within the EU framework or small strategic coalitions. The EU has more to offer in negotiations, particularly in areas such as visas, trade, and financial instruments. This creates better opportunities to achieve mutual benefit, which is also crucial for the success of the EU Asylum and Migration Pact. The Netherlands must be willing to make agreements on (circular) labour migration within the EU framework, while retaining national control over numbers, sectors, and admission conditions.

4. Towards a Regional Approach

When establishing partnerships, the Netherlands should look beyond the national level. Regional actors, such as ECOWAS and the African Union, have their own visions on migration, often emphasizing free movement within the region. These principles can clash with Dutch and European priorities, such as border management. Additionally, unilateral agreements with one country can unintentionally increase tensions, undermine existing cooperation between neighboring countries, or displace problems rather than solve them. By making the regional perspective leading, agreements will better align with the reality and practice of migration.

5. Towards Partnerships Between Societies

Partnerships are more likely to succeed if they are not only shaped between governments but also involve diaspora communities, civil society organisations, businesses, and knowledge institutions. Therefore, the councils advocate for a whole-of-society approach, where each partnership has a different starting point, based on the existing connections between the two countries and the opportunities to create greater interdependence between the partners.

Rights and Results

The councils conclude that establishing partnerships is not a quick fix for Dutch migration goals. The effectiveness the government seeks in such partnerships will result from building and maintaining strong relationships that extend beyond the bilateral level. The Netherlands can achieve this by being selective in entering partnerships, shaping them operationally with clear agreements that are broad enough to offer positive incentives for cooperation, and legally robust enough to be enforceable. In this way, the Netherlands can steer towards both ensuring rights and results through broad partnerships.

Contact

Do you have any questions about this report? Please contact senior advisor Joan van Geel.