Report to Summit Implementation Review Group (SIRG)

4.1. IMPLEMENTATION OF THE 1998 SANTIAGO SUMMIT OF THE AMERICAS MIGRANT WORKER INITIATIVE

Allan Jury1

INTRODUCTION

At the 1998 Summit of the Americas (SOA) in Santiago, Chile, Heads of Government approved by consensus a multi-part Plan of Action,2 including a new initiative not found in the 1994 Miami Summit: to promote the human rights of migrants, including migrant workers and their families. Subsequently the U.S. was designated as Responsible Coordinator for implementing this initiative with El Salvador and Mexico as Co-coordinators.

When viewed as a whole, the Migrant Worker section of the Santiago Summit Plan of Action reflects a commitment by Member States to undertake a number of activities, both general and specific. The consensus text is as follows:

"Governments will:  Reaffirm that the promotion and protection of human rights and the fundamental freedoms for all, without distinction by reasons of race, gender, language, nationality, or religion, is a priority for the international community and is the responsibility of every state.

 Comply with the applicable international human rights instruments and, consistent with the legal framework of each country, guarantee the human rights of all migrants, including migrant workers and their families.

 Seek full compliance with, and protection of, the human rights of all migrants, including migrant workers, and their families, and adopt effective measures, including the strengthening of public awareness, to prevent and eradicate violations of human rights and eliminate all forms of discrimination against them, particularly racial discrimination, xenophobia, and related intolerance.

 Reaffirm the sovereign right of each State to formulate and apply its own legal framework and policies for migration, including the granting of permission to migrants to enter, stay, or exercise economic activity, in full conformity with applicable international instruments relating to human rights and in a spirit of cooperation.

 Seek full respect for, and compliance with, the 1963 Vienna Convention on Consular Relations, especially as it relates to the right of nationals, regardless of their immigration status, to communicate with a consular officer of their own State in case of detention.

 Protect the rights of all migrant workers and their families, consistent, with each country’s internal legal framework, by taking steps, in case they do not exist, to: 1) provide, with 1 Director of Office of Policy and Resource Planning, Bureau of Population, Refugees and Migration, U.S. Department of State, Washington D.C. (e-mail: [email protected]) 2 There are 27 separate topics, or initiatives, included in the Plan of Action from the Santiago Summit.

4.1.1 respect to working conditions, the same legal protection as for national workers; 2) facilitate, as appropriate, the payment of full wages owed when the worker has returned to his/her country, and allow them to arrange the transfer of their personal effects; 3) recognize the rights of citizenship and nationality of the children of all migrant workers who may be entitled to such rights, and any other rights they may have in each country; 4) encourage the negotiation of bilateral or multilateral agreements, regarding the remission of social security benefits accrued by migrant workers; 5) protect all migrant workers and their families, through law enforcement and information campaigns, from becoming victims of exploitation and abuse from alien smuggling; 6) prevent abuse and mistreatment of all migrant workers by employers or any authorities entrusted with the enforcement of migration policies and border control; and 7) encourage and promote respect for the cultural identity of all migrants.

 Support the activities of the Inter-American Commission on Human Rights with regard to the protection of the rights of migrant workers and their families, particularly through the Special Rapporteur for Migrant Workers."

IMPLEMENTATION ACTIVITIES

On April 7th of this year, at the request of the Summit Implementation Review Group (SIRG),3 the U.S., as Responsible Coordinator, formally presented a detailed report on activities undertaken within the hemisphere to implement the Migrant Worker Initiative. The report ["Report to Summit Implementation Review Group (SIRG) on implementation of the Summit of the Americas Migrant Worker Initiative"], developed in coordination with El Salvador and Mexico, was based on information voluntarily contributed by several (but not all) of the SOA participant states.

Since that document is readily available in its entirety on the official SOA website,4 the following are some brief general comments summarizing what the report examines in greater detail:

 There has been demonstrable progress towards implementation in a number of areas of this multi-faceted initiative. This has come about in two primary ways: through individual actions on the part of SOA participant countries; and collective actions by these countries in cooperation with international and non-governmental (i.e., civil society) organizations.

 Through bilateral as well as sub-regional labor agreements -- those involving Argentina, Bolivia and Peru as examples of the former and the North American Agreement on Labor Cooperation (NAALC) and MERCOSUR as examples of the latter -- SOA participant countries have expanded the legal framework for affirming the human rights and employment opportunities of migrant workers in the Hemisphere.

3 The SIRG is composed of National Coordinators from each SOA participant state and is the primary mechanism between Summits for overseeing implementation activities and planning for future Summits. 4 Documents of the XVIII SIRG, found at the website address www.summit-americas.org or www.cumbre- americas.org established by the OAS Office of Summit Followup.

4.1.2  Also of particular importance in the implementation process, sub-regional dialogues and groupings have proven to be an effective means collectively to address issues and concerns relating to migrant workers and their families. The Regional Conference on Migration (RCM) is an excellent example of where such collective efforts have shared a common aim with, and have had a positive impact on, the SOA Migrant Worker Initiative. MERCOSUR and the NAALC are others. It is important to note that through dialogues such as the RCM and NAALC interaction with NGOs/civil society organizations has been consciously expanded.

 Many SOA participant countries are actively engaged in updating migration laws and streamlining existing procedures for migrant workers. This has been spurred on by the recognition that, given the rapidly changing dynamics of migration within the Hemisphere, a number of countries increasingly find themselves simultaneously sending, receiving, and facilitating the transit of migrants. Implicit in these actions as well is the recognition that much more needs to be done to address issues relating to this segment of the migrant population. The amnesty programs implemented by Costa Rica and Mexico (discussed more fully in the report) deserve special mention in this regard.

 There is general acknowledgement of the important role of the Inter-American Commission on Human Rights (IACHR) in this process, confirmed most recently by the granting of official status to the IACHR during the Vth RCM Vice-Ministerial meeting in March of this year.

The report on implementing the Migrant Worker Initiative also helps to confirm concentrated activity in several of the more specific action areas of the initiative by a number of countries, including the United States:

 additional steps to ensure equal legal protections for migrants with respect to working conditions;  multilateral efforts to provide for remission of social security payments to migrant workers;  efforts to combat alien smuggling;  efforts to prevent abuses experienced by migrant workers at the hands of employers or at border crossings; and  efforts to enhance consular coordination and notification. Between the time that report was presented last April and now, the United States has continued on with efforts to promote implementation of the SOA Migrant Worker Initiative. The Department of State, for example, undertook the following:

 On the domestic front, we arranged for the "Migration Dialogue" seminar project to convene a two- day workshop in Sacramento, California, in April just several weeks after the SIRG meeting. The workshop brought together a group of approximately forty U.S. experts from various sectors: public, private, advocacy, migrants, labor, and NGOs. Focusing on the action items of the SOA Migrant Worker initiative, the experts identified various existing programs and initiatives as suggested "best practices" that might be suitable for more extensive implementation within the U.S. (A spreadsheet summarizing

4.1.3 these suggested "best practices" is found at Attachment 1.) A final report on this workshop has been posted and is easily accessible on the Migration Dialogue website.5

 The U.S. Department of State and IOM then held a companion workshop for Western Hemisphere non-governmental experts in June at the ECLAC/CELADE headquarters in Santiago, Chile. Again, implementing the Migrant Worker section of the SOA Plan of Action was the primary theme. Participating experts discussed selected programs and initiatives undertaken within the Americas and similarly developed sets of suggested "best practices" for possible replication within the Hemisphere. The workshop benefited additionally from IACHR's technical advice for this project, on the basis of a cooperative agreement between the Commission and IOM. (A spreadsheet summary for the international workshop is found at Attachment 2.6)

PRELIMINARY CONSIDERATIONS FOR THE 2001 SUMMIT

In terms of the Santiago Summit, the present symposium, involving the participation of governments, international organizations and civil society, provides a most timely opportunity in several important ways: by stimulating greater awareness of the Migrant Worker Initiative on a hemisphere-wide basis; disseminating more widely information about activities undertaken; and by hopefully encouraging others to consider applying "best practices" that have proven effective elsewhere. Even more important, however, the symposium can help with respect to preparing for the next Summit, scheduled for April 2001 in Quebec City. Specifically, it can suggest how best to frame the issue of migration in our hemisphere at the onset of the new millennium; it can also assist in identifying specific action items for inclusion in the Quebec City SOA Plan of Action.

Experiences and insights gained as Responsible Coordinator in implementing the Santiago Migrant Worker Initiative prompt several observations -- both in terms of the process itself and substance -- as our collective focus increasingly centers in on preparations for Quebec City.

On the process:

 First, not all member states view this issue with the same degree of immediacy or national interest. Confirmation is provided in the disappointing level of response to the IACHR Special Rapporteur questionnaire sent to SOA participant states, as well as to our own invitation to provide voluntary submissions for implementation report. Further efforts will have to be made to gain a broader consensus on extending a higher priority to migration issues.

 Second, implementation necessarily has also had to be concerned with efforts to generate broader general awareness and recognition that, with the Santiago Summit, the theme of

5 The Migration Dialogue website address is www. migration.ucdavis.edu/rmn/cfra.htm 6 The final report will be made available on a website set up by IOM.

4.1.4 migration became an integral part of the Action Plan and is ongoing. This more than likely will also have to be a basic consideration following Quebec City.

 Third, mounting a coordinated implementation effort has an added element of complexity because issues concerning migrant workers cut across multiple lines of responsibility within each SOA participant country. In that sense, for future purposes it might be useful to consider the identification by each national coordinator of a single "migration/migrant worker" contact at the working level to facilitate communications and coordination.

 Fourth, again in terms of implementation, moreover, it might prove useful to consider establishing a more direct cooperative link between the Summit process and sub-regional dialogues -- such as the Regional Conference on Migration and the incipient process developing in the Southern Cone -- to ensure commonality of interest and greater coordination on action plans.

On the substance:

 Activities undertaken by states in the spirit of the Santiago SOA, working bilaterally and/or sub-regionally, give indication that a number of elements in the current migrant workers initiative will have been addressed satisfactorily by the time of the next summit. There appears to be sustained momentum, for example, in establishing multilateral legal frameworks enabling the movement and employment of migrant workers, and in securing for migrant workers portability of social security benefits and other services. This could allow for placing additional emphasis on other salient concerns, such as in the area of trafficking and smuggling of migrants, continuing discriminatory practices, and the special issues relating to migrant women and children.

 "Migration," in our view, deserves a meaningful place in the on-going work of the summit, but careful thought needs to be given to where the Summit process offers a “comparative advantage” in addressing on-going regional migration concerns. There are many fora for discussing migration bilaterally and sub-regionally. Where can the Summit process best offer a unique and significant additional contribution in this area?

 While consensus may result in continued focus on some aspects of the human rights of migrants, there would be benefits derived by examining this theme from other perspectives -- from that of the relationship between "Migration and Development," for example -- to help advance the migration debate at the next summit. The Summit of the Americas brings together senior economic and financial policy makers to a greater extent than other existing regional migration fora. This gives the Summit a potentially significant advantage in addressing the economic development issues that both give rise to migratory pressures and are themselves affected by migration-related financial flows, such as remittances.

In conclusion, it is my hope that this symposium will provide a set of focused recommendations that can help guide Summit of the Americas preparations as participating countries collectively decide in the coming months how to address migration issues when they gather for the summit in Quebec City next April.

4.1.5 4.1.6 Best Practices for Migrant Workers: Spreadsheet Summary 6/7/00 Attachment 1: U.C. Davis Best Practices Workshop April 26 – 28, 2000 Full report: http://migration.ucdavis.edu/rmn/cfra.htm

Anti-Discrimination Purpose Best Practice Note Office of the Special Counsel Prevent and remedy hiring Educate small businesses and Make grants to NGOs to educate discrimination immigrants about their rights and small employers and immigrants responsibilities; Equal Employment Prevent and remedy employment Educate small businesses and Cooperate and coordinate education Opportunity Commission and other discrimination immigrants about their rights and and enforcement with NGOs and responsibilities; make unauthorized community groups workers eligible for most remedies Employee Handbooks Employers lay out policies Constrains employers and Mutually beneficial to employers employees to follow employment and migrants policies

4 Mediation Services Resolve disputes informally but Mediation and binding agreements Oregon has sponsored mediation

. fairly are confidential, low cost, and since 1990, and is achieving a 95

8 quick way to resolve disputes percent success rate between employers and workers. Employer Personnel Educate employers about effective Dispel myths about workers as Many migrants are “exotic” to Management Education management of their workers target earners; educate employers employers; many employers do not so that they are not surprised by the spend the time to understand their variance in piece rate earnings, i.e., employees faster pickers can earn 4-5 times more Protect Human Rights Safety in Border Areas Deter unauthorized migration rather Regular consultations between INS INS has toll-free numbers to report than allow entries and aim to and Mexican consuls and between missing persons, air patrols, and maximize apprehensions; keep the INS and Mexican units that deter mounts joint search and rescue border a safe place crime in border areas; joint efforts with Mexican authorities warnings about the dangers of unauthorized entry via mountains and deserts Professional immigration Minimize abuses against vulnerable Have an effective complaint Helps to encourage consistent officers migrants procedure under which an application of laws independent body considers complaints and proposes remedies INS Workplace Enforcement Deter employment of unauthorized Subpoena I-9 forms before work Avoids work place raids that workers place inspections, ask workers to disrupt production, inconvenience clear up discrepancies before INS legal workers, and put workers who interviews, and interview only flee in danger those with discrepancies Adherence to 1963 Vienna Allow foreigners arrested to contact Many states and cities have policies Court decisions say INS officers in Convention their consular representatives that instruct police to inform border areas cannot stop and check apparent foreigners arrested of their people solely based on their race or Vienna Convention rights ethnicity. Labor Rights Migrant capacity for self- Help workers to ensure that Minimize illegal immigration so enforcement employers obey labor laws that employers are required to pay voluntarily minimum wages and abide by other labor laws in order to obtain workers Equal labor law rights All workers, regardless of legal Under CA ALRA, union elections

1 status, have the right to join or form are quick, so that migrants can vote

. 1 unions and to engage in union before they must move on to

8 activities another job; labor contractors cannot be employers for bargaining purposes Equal remedies for migrants Restore workers to the economic Under federal and state labor laws, status they would have had without employers who violate worker the violation, and deter violations union rights by e.g. firing them of worker rights must normally provide them with back pay; lawful migrants must be reinstated Interagency coordination of Encourage employers to abide by TIPP in CA uses teams of federal More inspections and fewer enforcement agencies labor laws and state inspectors to deal with violations found in CA multiple problems at one time INS-DOL-MOU of Redefines cooperation between DOL inspectors end practice of Meant to encourage unauthorized November 23, 1998 federal labor and INS work place reporting suspected immigration migrants to report violations of inspectors violations to INS IF the DOL labor laws investigation was triggered by worker complaints So. CA Worker Exploitation Identify and prosecute employers Enforcement agencies meet Fulmer Cattle—100 migrants paid Task Force (part of National who exploit employees quarterly to deal with combinations in cash and housed in poor inter-agency Worker of criminal activity and labor and conditions; Van Essen Egg—fire in Exploitation Task Force) tax law violations worker housing killed one worker and prompted investigation Providing Legal Services Ensure that migrants receive equal Develop specialized network of Providers want the opportunity to protection under US laws lawyers that can represent migrants represent migrants abroad Transportation Safety Ensure that migrants without cars Increased regulation of private California enacted new laws and are transported safely to and from raiteros, the van services that stepped up enforcement after 15 work in areas without public provide rides to and from farm workers in a farm labor van were transportation work for $4 to $6 daily. Use games killed in August 1999 to teach migrants driving rules/customs Annual Migrant Inform migrants and employers of Each agency protecting or Held in the evening to maximize Labor/Services Meeting laws and obligations, and promote providing services to migrants migrant participation coordination within and between explains its mission, and answers agencies providing services to questions from migrants and their migrants employers

8 Worker Safety Protect workers in often dangerous Train the trainer approach to make occupations migrants familiar with dangers in US work places; develop mechanical aids with worker input to reduce injuries Benefits and Services Portable Benefits Maintain eligibility for earned Have earnings reported correctly to benefits in social security; provide Social Security; get SS benefits benefits to families outside US abroad. Have payments for health insurance for families abroad deducted from US earnings Health Services Ensure that migrants and their In addition to publicly funded Blue Shield of CA in June 2000 families have access to health care migrant clinics, private clinics with became the first HMO licensed to flexibility can help migrants to use provide health services to workers public and private insurance to on both sides of the border; benefits cover their health care costs the 40,000 Mexicans who commute from Tijuana to San Diego daily Coordinating Migrant Coordinate the efforts of MSFW Persuade agencies to cooperate to Services assistance organizations to provide more effectively provide migrants services to migrants and their with a range of services; jointly families apply for funds to increase services available Savings Facilitate ability of migrants to Develop credit unions for migrants; Savings programs can benefit all achieve US goals, including home encourage banks to establish parties involved—migrants who get ownership programs to teach migrants about houses, employers who get more savings and mortgages stable employees, and banks Remittances Minimize costs and maximize Lawsuit forces transfer companies Hometown associations can be the development impacts of remittances to fully disclose costs and provides vehicle in the US for funneling funds to NGOs to educate migrants; migrant savings into job creating remittances can be matched by investments abroad local governments in Mexico to maximize development impacts Children, Communities Migrant Education Maintain continuity in teaching for Develop a student transfer New program in development to children who attend two or more document that migrants can carry transmit school records between US schools each year with them, or access via schools or and Mexican schools

1 consulates, so that new schools

. 1 know where to place migrant

8 children Adult Education Educate migrants about their rights Programs that are sensitive to low Programs that (1) involve migrants and responsibilities in the US educational levels of migrants, their as teachers and (2) hold classes origins in areas with low levels of where migrants live, seem to be civic participation, and the desire of most successful many migrants to be transnational Family Unification Permit US citizens and immigrants Flexible rules that avoid INS has declared that participation to sponsor their close relatives for dependence on public assistance in programs such as the Children's admission but permit admission and permit Health Insurance Program (CHIP) e.g. poor children to receive health (Healthy Families in CA) will not care be considered evidence that a migrant is likely to be a “public charge” Smuggling Deter migrants from using the Prevention, Prosecution, and US is considering adding the T-visa services of smugglers Protection: Educate migrants to to the current S-visa to permit avoid smugglers, raise penalties on migrants who testify against smuggling, protect migrants who smugglers to become immigrants testify against smugglers from retaliation

Best Practices for Migrant Workers: Santiago Spreadsheet Summary 6/30/00 Attachment 2: Santiago Best Practices Workshop, June 19 -20 Full report is available at: http://migration.ucdavis.edu/rmn/cfra.htm

Managing Migration Purpose Best Practice Note Development that eliminates Promote market-oriented There were 20 trade agreements Negotiations continue for a Free the need for migration development that creates jobs and signed in the 1990s that aim to Trade Agreement of the Americans raises wages to provide speed up economic and job growth opportunities at home in the Americas Canadian seasonal farm Admit 15,000 seasonal farm Admissions made under Canadian employers are worker program with Mexico workers a year to fill vacant jobs in government-to-government institutionally involved in program and several Caribbean Canadian agriculture agreements that spell out employer administration countries and worker rights and obligations in

4 contracts; governments involved

. are very satisfied with the program

8 US seasonal farm worker Allow US farm employers US Dept of Labor and migrant Legislation desired by US farm program (H-2A) anticipating vacant jobs to recruit groups seek to ensure that the employers would relax current laws foreign workers to fill them program operates according to laws and regulations by e.g. substituting and regulations that protect US housing allowances for free workers and the H-2A workers employer-provided housing admitted Documenting Guatemalan Mexican government seeks to Seasonal labor migration from Mexico had to convince both migrant workers in southern provide documents to Guatemalans Guatemala to southern Mexico has employers and migrants on the Mexico 14 and older who work in southern a long history. Documents help to virtues of documents. Mexico under the Formas prevent abuses of migrants at the The Mexican government in 1999 Migratorias para Visitante hands of employers and authorities. concluded: "facilitating orderly Agricola. migration maintains the circular flow of labor movement in specific geographic areas." Anticipate and plan for Canada has declared itself to be a Laws aim to reduce racism and immigrants via an country of immigration and a xenophobia by e.g. allowing a immigration policy that multicultural country that will (1) higher penalty if the crime was satisfies the national accept immigrants and (2) respect committed for racist or xenophobic interest their cultures and traditions reasons Consular Notification 1963 Vienna Convention on Imposes an obligation on host US Dept of State has developed Inter-American Court of Human Consular Relations: US nations to give foreigners arrested educational materials for state and Rights said that the failure of a or detained abroad the right to local enforcement agencies on the country to inform a third country notify their consulates to receive 1963 Vienna Convention; WA has national of the right to consular assistance, so they can get help to developed programs to ensure that access violates due process. understand what may be a strange local prosecutors and jails notify Principle: human rights sometimes legal system foreigners arrested or detained supersede state sovereignty 1963 Vienna Convention on Gives foreigners arrested or There is an increased sensitivity to It appears that foreigners arrested Consular Relations: detained abroad the right to notify the 1963 Vienna Convention are frequently not told about their non-US their consulates to receive throughout the Western consular rights. Special problem: assistance Hemisphere children with no documents that

1 country of origin does not recognize

. 1 as nationals

8 Return and Reintegration Guatemalans from Mexico: Some 45,000 Guatemalans fled to Women who had developed non- Need to emphasize return and long-run resettlement Mexico during 1980s civil war; traditional handicraft activities development that involves the many returned (8,600 families) in continued them after return. At returnees, so that both the migrants 1998-99 under a voluntary IOM least 15,000 children were born in and those who stayed in Guatemala program carried out with the Mexico in the 1980s and 1990s, and worked for economic improvement cooperation of the Mexican and the they were able to obtain Mexican rather than resuming conflicts Guatemalan governments. citizenship and stay in Mexico if they wished. Paisano program: short term Launched in 1990 to minimize Program is changing its orientation An estimated one million Mexicans information and complaint abuse of migrants by Mexican to reflect the fact that many return to Mexico in December each procedure authorities. Provides returning returning Mexicans are coming as year; they receive information on Mexicans with a complaint tourists who intend to return to the their rights and responsibilities. procedure if they suffer abuses at US, not as migrants intending to the hands of Mexican authorities stay in Mexico. Existence of program acknowledges corruption and abuse by authorities, and seeks to extirpate them. Welcome home in El Provide services under an IOM- Returning migrants can call their Of the first 5,000 migrants assisted, Salvador: short-term administered program to migrants families and offer them about 15 percent were returned reintegration services returning permanently from the US transportation to their home areas criminal aliens. Need to provide and other countries or up to 3 days lodging in San development assistance in the Salvador migrants areas of origin Migrant Protection, Anti- Discrimination Protection for migrants on Develop an entirely new police Grupo Beta launched in Tijuana US Border Patrol also conducts the Mexico-US border force in Mexico drawn from Mexico in 1990 to protect migrants search and rescue missions in federal, state, and local agencies to in the border area from criminals. summer for migrants stranded in avoid corruption and ensure Has spread to most of Mexico’s mountains and deserts migrant safety without interfering border areas to prevent crime with migrant efforts to reach the US against migrants without interfering with their attempts to leave Mexico for the US, and attempts to detect and arrest abusive smugglers. Mexico-Guatemala border Guatemalans and other Central Guatemalans living near the Mexico returns several hundred

1 Americans as well other foreigners Mexican border can obtain foreigners apprehended every day

. 1 are often apprehended on the documents to enter Mexico for up on the Mexican-Guatemala border;

8 Mexico-Guatemala border and to 30km for 72 hours. NGOs in 105,063 in 1995. Private Mexican returned to Guatemala Tecun Uman and other border cities citizens sometimes detain migrants provide services to them. without documents. Anti-Racism and Acknowledge that racism and Allow migrants to participate in World Conference against Racism, Xenophobia efforts xenophobia can impede migrant conferences so they can explain the Racial Discrimination, Xenophobia, integration. existence and costs of racism and and Related Intolerance in South xenophobia Africa in 2001. Racism and xenophobia can also lead to emigration from migrants’ countries of origin Integrate Nicaraguans in Promote acceptance and limit Education and mediation used to Catholic church and NGOs work to Costa Rica exploitation of 200,000 highlight the importance of ensure that migrants earn at last Nicaraguans who settled in migrants and reduce tensions by minimum wage Quesada, a rural area with 150,000 dispelling myths about the Costa Ricans migrants. Costa Rica reviewed its laws to change those that unintentionally discriminated against migrants Women migrants Women are the majority of Many nations are developing more More countries need to recognize refugees, sometimes join husbands data on female migrants, programs (1) the growing importance of abroad, and are increasingly to detect and protect women who female migrants by regularly pioneer migrants have been the victims of sexual collecting and reporting data on exploitation or exploitation of migrants by sex and (2) maids in private households. Some vulnerabilities of female migrants, countries are giving women who including maids and women migrate to join their husbands trapped in abusive relationships abroad an independent immigration right so they can escape abusive relationships

Temporary Protection and Regularization Temporary Protection Permit persons fleeing civil Enactment of national laws that Planning for return should begin as conflict, natural disaster, and other offer temporary protection, provide soon as the migrants needing emergencies that lead to mass protection in areas near the protection arrive. US provided TP

1 emigrations migrants’ area of origin to facilitate for 106,000 Hondurans and

. 1 returns; embrace burden sharing, so Nicaraguans in the US on

8 that one country or area does not December 31, 1998, extended until bear full costs of providing July 5, 2001 temporary protection Integrate persons who cannot Costa Rica permitted 152,000 Costa Rica is using foreign and Providing integration assistance return after temporary Nicaraguans to obtain one-year local funds and IOM technical that benefits both migrants and protection was provided: renewable residence and work assistance to build and refurbish local residents reduces tensions Costa Rica permits between February and July schools to benefit both migrant and 1999 local children Regularize migrants: Argentina had legalization Legalization improves migrant Most migrants enter with 90-day Argentina programs in 1958, 1964, 1986, and status, but the benefits of tourist visas; they can stay in 1994—the 1994 legalization legalization must be clear to Argentina if they find formal sector regularized 230,000 persons. By migrants and their employers, and employment. Regularization that some estimates, over 800,000 the costs of legalization must be does not change the structural foreigners were legalized since low. NGOs should be involved to conditions for migrants can renew 1958 increase migrant trust in the process exploitative working conditions. Smuggling and Trafficking 3 P’s- -Prevention, Minimize dangers and prevent Mexico and the US operate joint Prosecution, and Protection exploitation of migrants by information campaigns in border educating migrants to avoid areas to warn of the dangers of smugglers and the dangers illegal entry. associated with them, raising US is considering adding a T-visa penalties and cooperating to category to permit migrants who prosecute smugglers, protect cooperate with law enforcement migrants who cooperate with agencies to receive a visa which enforcement agencies from leads to immigrant status retaliation. Offer legal channels for entry Make immigration policy sensitive Offer family members who will There is a discussion over whether to e.g. long waiting lists for family eventually be permitted to legal guest workers can be a unification and desire of migrants immigrate definite entry dates substitute for unauthorized migrants to earn high wages who use smugglers and traffickers NGO services for persons Provide services to Central NGOs have more flexibility to Stronger families and more apprehended and trafficked Americans detained in Mexico and provide services to detainees and economic opportunities near home street children in cities; work with street children; their reintegration is prevent the need for emigration and local governments on information most successful if conditions at the perils of smugglers campaigns that warn migrants of home change to make emigration

1 the dangers of smugglers. less necessary

. 1 Integration and Culture

8 Integrate migrants and their Help migrants to learn the host Involve migrants in the design and Canada has found that involving families in the host society: country language and understand its operation of one-stop integration migrants in program design and Canada laws and customs. Teach tolerance: programs, which ensures that the administration, making services integration involves change by both materials and programs are useful fully accessible to migrants, and migrants and already settled. to the migrants and sensitive to provide long-term funding to migrants’ cultural origins stabilize programs and agencies Celebrate the migrants’ home Migrants abroad take an interest in Migrants in Brazil celebrate their There have been three legalization culture: Brazil and want to maintain ties to their national holidays while in Brazil; programs in Brazil: 27,000 persons home countries while abroad laws that e.g. prevented migrant were legalized in 1981, 30,000 in children from attending school in 1988, and 39,131 in 1998 San Pablo have been eliminated IOM-assisted integration of Some 152,000 Nicaraguans “United we do more” integration Use of local mediators to resolve Nicaraguans in Costa Rica received one-year renewable program in Costa Rica is improving conflicts; special programs for residence permits in 1999 schools and other infrastructure to illiterate parents and difficult cases, provide jobs and improve including Nicaraguan children who educational facilities for both are old for their grade level migrants and local residents; Nicaragua takes complementary efforts Hometown clubs: Mexicans Hometown clubs or associations are Many hometown clubs invest in the There are about 1,500 Mexican in the US nonprofit organizations created by migrants’ area of origin, and local hometown clubs in the United Mexicans in the US to maintain governments in Mexico sometimes States in June 2000—up from 750 links to areas of origin match hometown club remittance in 1990. investments to create jobs in migrants’ areas of origin Dual nationality and Help persons maintain ties to two Many countries are acknowledging bilingual education countries dual nationality and developing programs that strengthen the language ability of both newcomers and established residents Legalization Catholic Church supports Church participates in an NGO Migrants also leave Ecuador; legalization of unauthorized network that advocates human 480,000 left in 1999, 110,000 did Colombians in Ecuador rights for migrants not return from the US and Spain Network of NGOs to prevent Influx of migrants into Argentina at In January, 1999, Argentine Argentina is a net immigration the scapegoating and a time of high unemployment led to President Carlos Menem said that country: skilled out and unskilled

1 exploitation of migrants an anti-immigrant backlash. unemployment and rising crime in in. Immigrant origins shifted from

. 1 Buenos Aires were "closely Europe to neighboring South

8 connected to illegal immigration." American countries, especially An Argentinean bishop said the Bolivia, Peru, and Paraguay. government was falling into an Children can be legalized only "anti-immigrant psychosis." through their parents, so if parents A network of human rights do not legalize, their children can’t organizations advocates on behalf go to school. of migrants, pointing out that restrictive legislation can increase the number or unauthorized. Migrant rights Catholic Church works for rights of Operates houses for migrant There is a “Migrant Day” in most migrant workers assistance that served 200,000 Latin American countries to raise persons in 1990s, including awareness of migrant contributions 127,000 in Mexican border cities, and problems. followed by 40,000 in San Paulo, Brazil. Brazil's last amnesty was in 1988, when 35,000 migrants were legalized. Regional Processes Regional Conference on Review and develop policies in 11 Develop and implement a plan of Member countries are committed to Migration countries to keep immigration in action to improve conditions for promote full respect for the human (Puebla Process) the national interest, examine migrants and cooperate to better rights of migrants, “regardless of migration and development manage migration their immigration status linkages, and cooperate to fight trafficking South American Encounter Nine countries met in Lima in July Countries asserted that “respect for Participating governments have on Migration, Integration and 1999, with a follow up in Buenos the human rights of migrants promised to modernize and Development Aries in May 2000. constitutes a basic concern of the strengthen their migration agencies, countries of the region.” and cooperate technically and financially to better manage migration. North American Free Trade Went into effect January 1, 1994 to Aims to speed up economic and job Mexico is limited to 5,500 TN visas Agreement (NAFTA) lower trade and investment barriers growth in member countries. The a year until 2003; there were 27,000 in North America migration provisions in Chapter 16 TN admissions into the US in FY96 permit relatively free movement for persons with a BA or more who

1 have a job offer in another NAFTA

. 1 country

8 Caribbean Community Free trade between 15 Caribbean Since January 1996, there has been CARICOM is working on (CARICOM) countries freedom of movement for graduates permitting passport-free travel by of accredited universities in some nationals within the region, and professions harmonizing social security benefits Central American Common Four countries-- El Salvador, CACM is making progress toward Market (CACM) Guatemala, Honduras, and freedom of movement within the Nicaragua—allow 90-day visa free region that protects migrant rights entry for CACM nationals Andean Community Aims for free trade between Declaration 116, Andean Document Bolivia, Colombia, Ecuador, Peru, on Labor Migration, envisions and Venezuela by 2005 eventual freedom of movement that protects migrants Southern Common Market Mercosur announced plans for a Member countries aim for free December 1998 Declaration of (Mercosur) Mercosur passport in 1997. In trade and investment as well as Worker Rights calls for the 1998, an MOU was signed that eventual freedom of movement, and protection of workers’ rights called for the mutual recognition of countries met several times to lay throughout Mercosur but makes no university degrees to facilitate the the framework for labor mobility reference to freedom of movement free movement of professionals and protecting migrants’ human within Mercosur. between the six countries rights.