WORKING GROUPS MEETINGWORKING GROUPS MEETINGTECHNICAL ASISSTANCE TECHNICAL ASISSTANCE

WORKSHOPWORKSHOPOAS – IACMLOAS – IACML

Assistance and migratory management

Orderly Labour Migrations“An approach from the MLSS, Costa Rica”

Johnny A. Ruiz ArceHead of Labour Migrations - MLSS

San José, Costa RicaMay 8-11, 2007

BI-NATIONAL CONVENTIONSBI-NATIONAL CONVENTIONS AND AGREEMENTS AND AGREEMENTS

Regulate the entry and stay of non-resident migrant Regulate the entry and stay of non-resident migrant workers.workers.

OrganizeOrganize labour devoted to temporary agricultural labour devoted to temporary agricultural activities.activities.

Are applied with entrepreneurial participation.Are applied with entrepreneurial participation.

Allow guaranteeing the social and labour treatment Allow guaranteeing the social and labour treatment established by the Costa Rican legislation.established by the Costa Rican legislation.

Bring about better spaces and consistent benefit for Bring about better spaces and consistent benefit for recognizing the importance of work and the recognizing the importance of work and the contribution that the migrant workers provide to the contribution that the migrant workers provide to the national economy. national economy.

MANAGEMENT OF MIGRATORY MANAGEMENT OF MIGRATORY FLOWSFLOWS

FOR EMPLOYMENT AIMSFOR EMPLOYMENT AIMS To promote and execute appropriate To promote and execute appropriate migratory and migratory and

labour policies for regulating, organizing and labour policies for regulating, organizing and monitoring monitoring the phenomenon. the phenomenon.

The contribution of the migrant population is The contribution of the migrant population is acknowledged, but we make efforts for acknowledged, but we make efforts for establishing an establishing an organization guaranteeing the social and labour organization guaranteeing the social and labour protection, protection, eliminating discriminatory practices.eliminating discriminatory practices.

The objective is to The objective is to modernize the institutionsmodernize the institutions through through their specialized offices of migratory/labour their specialized offices of migratory/labour management.management.

By the agreements it promotes the availability of a joint By the agreements it promotes the availability of a joint agenda for developing order strategies, aiming at agenda for developing order strategies, aiming at optimizing a migratory governability with our optimizing a migratory governability with our neighbours.neighbours.

COSTA RICA COSTA RICA MIGRATORY REALITYMIGRATORY REALITY

It is a recipient country that has given opportunities to It is a recipient country that has given opportunities to significant groups of foreign citizens, especially significant groups of foreign citizens, especially concerning living conditions described as difficult, and in concerning living conditions described as difficult, and in economic, political, social or natural problems. economic, political, social or natural problems.

Many of these workers have allowed to meet specific Many of these workers have allowed to meet specific needs of the Costa Rican labour market.needs of the Costa Rican labour market.

Ten percent of the population is composed by foreigners, Ten percent of the population is composed by foreigners, especially Nicaraguans. especially Nicaraguans.

Approximately 14000 individuals have a refugee Approximately 14000 individuals have a refugee condition.condition.

There are new changes in the migratory flow in the social There are new changes in the migratory flow in the social and demographic profiles of the population. and demographic profiles of the population.

Costa Rica faces an adjustment in the labour market and Costa Rica faces an adjustment in the labour market and there are occupational changes. there are occupational changes.

The phenomenon demands availability of suitable forms The phenomenon demands availability of suitable forms for monitoring, directing and organizing the movement of for monitoring, directing and organizing the movement of individuals.individuals.

CHALLENGES OF COSTA RICACHALLENGES OF COSTA RICA

The migratory movement sets out a specific and The migratory movement sets out a specific and complex phenomenon, especially when it is irregular.complex phenomenon, especially when it is irregular.

For reducing the irregular movements, agreements For reducing the irregular movements, agreements promoting a migratory labour policy should be promoting a migratory labour policy should be strengthened.strengthened.

To reiterate the commitment to migratory movements To reiterate the commitment to migratory movements management for employment purposes, observing management for employment purposes, observing respect for the essential standards and living and respect for the essential standards and living and working conditions.working conditions.

It is required the support of international organizations It is required the support of international organizations such as the IMO, ILO, OAS, AECI and friendly such as the IMO, ILO, OAS, AECI and friendly governments. governments.

COSTA RICA – REGULATIONS IN FORCECOSTA RICA – REGULATIONS IN FORCE

With regard to the legislation, it has been modernized for With regard to the legislation, it has been modernized for managing orderly migrations, as far as possible.managing orderly migrations, as far as possible.

General Law Number 8487 came into force in August General Law Number 8487 came into force in August 2006; recently the Executive Power presented a reform 2006; recently the Executive Power presented a reform project to the Legislative Assembly. project to the Legislative Assembly.

The GDMA (DGME) has coordinated with governmental The GDMA (DGME) has coordinated with governmental institutions the preparation of guidelines for assisting the institutions the preparation of guidelines for assisting the migratory management.. migratory management..

New categories are incorporated for issuing authorizations New categories are incorporated for issuing authorizations for labour contracts as cross-border workers, temporary for labour contracts as cross-border workers, temporary workers, workers having a specific occupation and those workers, workers having a specific occupation and those linked to specific projects. linked to specific projects.

The MLSS has presented a National Employment Plan, The MLSS has presented a National Employment Plan, where it is defined the reordering of labour migrations.where it is defined the reordering of labour migrations.

COSTA RICACOSTA RICAMIGRATORY AND/OR LABOUR ACTIONSMIGRATORY AND/OR LABOUR ACTIONS

There is a follow-up of compliance of the rights of There is a follow-up of compliance of the rights of the foreigners that have been regularized, the foreigners that have been regularized, especially through migratory amnesties. especially through migratory amnesties.

It is coordinated with the Foreign Office, the It is coordinated with the Foreign Office, the GDMA (DGME), the MLSS and other bodies for GDMA (DGME), the MLSS and other bodies for meeting this phenomenon. meeting this phenomenon.

The country is committed to the favourable The country is committed to the favourable integration and insertion of the migrant people.integration and insertion of the migrant people.

The are joint institutional actions for meeting The are joint institutional actions for meeting migration among the countries.migration among the countries.

COSTA RICA - SOME REFORMSCOSTA RICA - SOME REFORMS

New legislation categorizes the “coyote” New legislation categorizes the “coyote” crime and the reform project includes the crime and the reform project includes the trafficking in persons.trafficking in persons.

New sanctions are incorporated for fraudulent New sanctions are incorporated for fraudulent marriages which take place for obtaining marriages which take place for obtaining migratory regularization. migratory regularization.

The new project strengthens the integration of The new project strengthens the integration of migrant workers and is in accordance with the migrant workers and is in accordance with the commitment to the respect for human rights.commitment to the respect for human rights.

It is promoted an integral approach that It is promoted an integral approach that envisages the rights and obligations of the envisages the rights and obligations of the employers and the migrant workers.employers and the migrant workers.

COSTA RICACOSTA RICAA REALITY TO BEA REALITY TO BE

TAKEN INTO CONSIDERATION TAKEN INTO CONSIDERATION It is recognized that manifold economic sectors It is recognized that manifold economic sectors

provide employment and receive a significant provide employment and receive a significant contribution of migrant workers, nevertheless, it is contribution of migrant workers, nevertheless, it is analyzed the social cost that migration in general analyzed the social cost that migration in general implies. implies.

The need to implement a programme for migrant The need to implement a programme for migrant workers, strengthening the proposals for decent work, workers, strengthening the proposals for decent work, to overcome the labour abuse and exploitation and, as to overcome the labour abuse and exploitation and, as far as possible, to eliminate discriminatory practices far as possible, to eliminate discriminatory practices and, in many cases, xenophobia. and, in many cases, xenophobia.

Efforts should be made on information programmes, Efforts should be made on information programmes, especially in the countries where there is a higher especially in the countries where there is a higher concentration of migrant population concentration of migrant population

COSTA RICACOSTA RICAALTERNATIVESALTERNATIVES

The driving force of the migratory policy is not always The driving force of the migratory policy is not always the labour shortage as it has been stated in some the labour shortage as it has been stated in some opportunities.opportunities.

There have to be organized and applied orderly There have to be organized and applied orderly exchanges “from, in and towards Costa Rica”.exchanges “from, in and towards Costa Rica”.

Labour contracts should be observed and met through Labour contracts should be observed and met through monitoring and follow-up. Likewise, it is necessary to monitoring and follow-up. Likewise, it is necessary to know the amendments and even the eliminations that know the amendments and even the eliminations that are noticed in the jobs.are noticed in the jobs.

Migrations should be the responsibility of the recipient Migrations should be the responsibility of the recipient countries in coordination with the countries of origin, countries in coordination with the countries of origin, for which optimizing the migratory governability for which optimizing the migratory governability implies strengthening the bi-national agreements. implies strengthening the bi-national agreements.

ACTIONS FROM THE MLSS, ACTIONS FROM THE MLSS, LABOUR MIGRATIONS DIVISION LABOUR MIGRATIONS DIVISION

It undertakes technical studies for providing It undertakes technical studies for providing the recommendations set forth in the General the recommendations set forth in the General Law on Migration and Alienage on the Law on Migration and Alienage on the general principles of the migratory policy, general principles of the migratory policy, the Labour Code, the Organic Law of the the Labour Code, the Organic Law of the MLSS, and the National Employment Plan. MLSS, and the National Employment Plan.

There is a work methodology between the There is a work methodology between the MLSS and the GDMA (DGME) for assisting MLSS and the GDMA (DGME) for assisting the studies related to the categories of the the studies related to the categories of the cross-border workers, the temporary cross-border workers, the temporary workers, and the workers of a specific workers, and the workers of a specific occupation and linked to specific projects, occupation and linked to specific projects, (Article 90 – Law Number 8487)(Article 90 – Law Number 8487)

COSTA RICACOSTA RICACONCLUSIONS CONCLUSIONS

Costa Rica is a country that depends on migrant Costa Rica is a country that depends on migrant workers for meeting the labour demand of some workers for meeting the labour demand of some sectors of the economy.sectors of the economy.

We are before a new updating proposal, and We are before a new updating proposal, and legislation should be directed towards making it legislation should be directed towards making it possible a more orderly migratory management.possible a more orderly migratory management.

In the agricultural and agribusiness sectors, efforts In the agricultural and agribusiness sectors, efforts should be made on labour monitoring and follow-up. should be made on labour monitoring and follow-up.

Work is being done on an orderly exchange Work is being done on an orderly exchange programme with entrepreneurial social programme with entrepreneurial social responsibility.responsibility.

RESPONSIBILITY OF THE STATESRESPONSIBILITY OF THE STATES The Social Doctrine recognizes the right of the The Social Doctrine recognizes the right of the

States to keep control on the entry of foreigners, States to keep control on the entry of foreigners, and to control their borders.and to control their borders.

To guarantee an internal order in their territory, in To guarantee an internal order in their territory, in such a way as to favour an orderly and peaceful such a way as to favour an orderly and peaceful coexistence among their inhabitants.coexistence among their inhabitants.

To ensure security and respect for the To ensure security and respect for the

fundamental human rights.fundamental human rights.

AT CHURCH NOBODY IS A FOREIGNER, AT CHURCH NOBODY IS A FOREIGNER, One-day Meeting on Migrations, Ecuador – One-day Meeting on Migrations, Ecuador – Spain, page 83,year 2003Spain, page 83,year 2003

RESPONSIBILITY OF THE STATESRESPONSIBILITY OF THE STATES

““The exercise of the right to enter other country should The exercise of the right to enter other country should be regulated because through an indiscriminate be regulated because through an indiscriminate practice it can damage and adversely affect the public practice it can damage and adversely affect the public welfare of the communities…”welfare of the communities…”“ …“ …one must have international standards capable of one must have international standards capable of regulating the rights of each person for preventing regulating the rights of each person for preventing unilateral decisions that could harm the weakest unilateral decisions that could harm the weakest people” people”

“ “ To control immigration does not mean to forget the To control immigration does not mean to forget the fundamental principle that the immigrants should fundamental principle that the immigrants should always be treated as human beings with dignity”always be treated as human beings with dignity”

AT CHURCH NOBODY IS A FOREIGNER, One-day AT CHURCH NOBODY IS A FOREIGNER, One-day Meeting on migrations, Ecuador – Spain, page. 84, Meeting on migrations, Ecuador – Spain, page. 84, year 2003.year 2003.

Ministry of Labour and Social Ministry of Labour and Social SecuritySecurity

National Directorate of EmploymentNational Directorate of Employment

Labour Migrations DivisionLabour Migrations Division

Telephone Fax 221-10-68Telephone Fax 221-10-68

E-mail. jruiz@ministrabajo.go.crE-mail. jruiz@ministrabajo.go.cr

P.O. Box 10133 – 1000 San JoséP.O. Box 10133 – 1000 San José

Edificio Numar, San José, Costa RicaEdificio Numar, San José, Costa Rica

THANK YOUTHANK YOU