MIGRATION TREATMENT IN THE SOUTH AMERICAN SUBREGION INTEGRATION SPACES: GOOD PRACTICES BEING TESTED Jorge Mart

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MIGRATION TREATMENT IN THE SOUTH AMERICAN
SUBREGION INTEGRATION SPACES GOOD PRACTICES
BEING TESTEDJorge Martínez Pizarro, with the
collaboration of María Fernanda
StangCELADE-CEPALJune 2005
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Intraregional Migration

• In 2000, the accumulated stock was slightly
  higher than that observed in 1990, reaching 2.7
  million people
• In the main receiving countries, the number of
  regional immigrants grew in the last decade
  (Argentina and Venezuela)
• In Costa Rica, it increased significantly. Chile
  also experienced an increase that is worth
  mentioning.

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Questions and issues

• How do South American countries approach the
  issue of integration and migration?
• Examples where the two integration dimensions
  meet
• That related to the insertion of migrants, and
• That related to the regional and sub-regional
  integration

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Two large South American blocks

• Andean Community of Nations (CAN) and the South
  American Common Market (MERCOSUR)
• Insistence on reaching a deeper integration
• Migration treatment interest in social cohesion
• (History of discontinuities)

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Migration and social aspects of regional
integration

• They include a wide and undefined spectrum of
  topics
• It is understood that they continue being a
  diffuse matter, but not just formal
• Simultaneously, both international organizations
  and the civil society as well as researchers and
  academicians, have been alerting about the
  importance of including the issue of migration as
  a fundamental component of the negotiations about
  regional integration

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Agreed-on suggestion

• Regional integration demands the adoption of
  measures aimed at integrating migrants, both from
  a labor point of view and a citizenship
  perspective

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Andean Community

• Simon Rodríguez Agreement and Andean Document of
  Labor Migration or Decision 116 (1977)
• It defined provisions and institutional
  mechanisms about procedures to hire Andean
  workers and to protect the workers and their
  families

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Andean Community

• The creation of the Andean Common Market fosters
  the reformulation of Document Decision 545 (2003)
• It aims at establishing regulations that allow
  the free mobilization and residence of Andean
  citizens in the subregion for labor purposes and
  under a dependence relationship on a gradual and
  progressive manner

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Andean Community

• Decision 503, approved in June 2001, acknowledges
  the national identification documents as the only
  requirement for nationals and foreigners residing
  in the member countries to travel in the
  subregion as tourists

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Andean Community

• Communitys regulation to accept academic
  diplomas and national demands
• Decision 584 or Andean Document about Safety and
  Health on the Job
• Decision 583 or Andean Document of Social
  Security, approved in Ecuador in May 2004

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MERCOSUR

• Consideration of migration and social aspects in
  MERCOSUR clearly comes later and is more diffuse
• However, there is a milestone the Agreement on
  Residence for Nationals of the Member States of
  MERCOSUR, Bolivia, and Chile (2002 in a forum of
  Ministers of the Interior held in Brasilia)

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MERCOSUR

• The implementation of a policy for the free
  mobilization of people is essential to strengthen
  and deepen the integration process
• Need to fight against human trafficking for labor
  exploitation and other situations that bring
  about a degradation of the human dignity

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MERCOSUR

• Civil, social, cultural, and economic rights and
  freedoms of migrants equal to those of nationals
• Right for family reunification and to freely
  transfer to their countries of origin their
  personal income and savings
• Member states commit to analyze the feasibility
  of subscribing reciprocity conventions about
  previsions

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A particular case the Migration Law of Argentina

• The new regulation ?Nº 25.871? grants special
  consideration to the integration process in the
  country by establishing a privileged situation
  for the residence of migrants from the expanded
  MERCOSUR countries

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A particular case the Migration Law of Argentina

• The Law was passed in December 2003 and
  officially published in January 2004
• Long creation process with the active
  participation of the civil society
• It broke away from the awful regulation of the
  dictatorship
• Migration is associated to development, decreases
  the social control about people mobilization, and
• the right to migrate is considered as an
  essential and inalienable right based on equality
  and universality