New York declaration concerning refugees and migrants 73
discrimination, exploitation and abuse. Regarding the issue of refugees, „a number
of international regulations were enacted during the international reunions and
conferences. Facing the increasing immigrants waves, the Western countries were
forced to adopt new policies on the status of the foreigners, defined by reducing
the number of refugee assistance programs, which did not allow a clear distinction
between them and the migrants3.
Managing this phenomenon emphasizes the need to improve the global approach
to migration, the recourse to legal migration, border management and effectiveness
and a fair distribution of asylum seekers with respect to the fundamental rights of
migrants. The complexity of the phenomenon of migration involves a complex
response grounded both in terms of the causes of the phenomenon and avoiding the
negative effects of this phenomenon in addition observing the rights of these people.
In the context, including at European Union level, it is considered that there is
a necessity to remind regularly to the Member States the balanced implementation
of the partnerships for mobility, including by it the emphasis on actions related to
legal migration, human rights and the protection of refugees4, taking into account
that the current crisis of migration and refugees, the most serious so far (in 2015
and 2016), has revealed on the one hand, the deficiencies of this legislation and, on
the other hand, deficiencies of regulations so far in migration policy, on September
the 19th, 2016, during the United Nations General Assembly at New York, that
addressed issues related to migration and refugees resolutions - the New York
Declaration concerning Refugees and Migrants.
Thus, a total of 193 Member States of the United Nations have recognized the
need for an integrated approach to mobility and facilitation of reinforced cooperation
at global level through the establishment of mechanisms that would enable and
ensure the protection of migrant populations, taking into account the different
national realities, the capacity and the level of development of each state and in
accordance with national policies and priorities. The „New York Declaration”
reinforces the importance of international protection, but it opens the way for the
adoption of new agreements in 2018, such as global agreement on refugees and global
agreement for ensuring safety, order and legal regulation in the field of migration.
Through the text of the Declaration, the Member States express their deep
solidarity with those forced to take refuge, reaffirms its own obligations to complete
observance of the human rights of refugees and migrants, they are committed to
support countries affected by large numbers of refugees and migrants and they are
committed to work on the adoption of the agreement on refugees and a global
3 Mdlina Cocoşatu, Analyzing the cases of exclusion from refugee protection, Bulletin of the
'Carol I' National Defence University /Oct-Dec2012, Issue 4, p. 212-217.
4 Special report carried out by the European Court of Auditors concerning the expenditure
incurred by the EU until 2014, in its eastern neighbourhood countries and southern Mediterranean
foreign policy with regard to migration, 2016, p. 19.