Post on 13-Jan-2016
“Migration Challenges in México and the USA”
Dr. Alex Munguía Salazar
“...Hay pocas cuestiones sobre las que la hipocresía sea mayor que la de la inmigración. Los defensores de la economía de mercado casi nunca llevan sus planteamientos hasta el libre desplazamiento de la fuerza de trabajo, y ello se debe a dos razones: políticamente sería muy impopular en las zonas más ricas; pero además socavaría el sistema mundial de costes laborales diferenciados, tan decisivo para maximizar los niveles de beneficio a escala mundial...”
Immanuel Wallerstein
Introduction According to the UN,
international migrants
there is now 200 million .
It is more than double
that in 1980.
They are migrants to
regional and extra
regional level.
Almost half of them are
women
Countries differ, as if they are: destination
countries; countries of origin or
countries of transit.
The current international migration can be
divided into two types: the professional
workers and unskilled workers.
International migration is done mainly
for work.
For the growing interdependence
among countries and the extreme
imbalance between North and South.
The process of globalization has
transformed the world.
However, labor migration is currently
faced with an internationalization of
racism, xenophobia and
discrimination.
Strengthening these attitudes absolutely
criminal and violation of human rights of
migrants, is founded with the idea of
"national unity" against the danger of the
invasion of foreign immigrants "threaten"
national identity.
The undocumented migration,
it is difficult to quantify:
It is estimated that each year
between 7 000 and 2 million
women and children cross
international borders.
About 500,000 people enter
every year to the United States,
Canada, Australia and New
Zealand.
In the European Union, the
number of undocumented
persons could be between
120,000 and 500,000 people
per year.
The combination of power
differentials based on a
structure in which the
immigrant is in a lower
level than the national
results in various degrees
of impunity in cases of
violation of human
rights of migrants.
Xenophobia against migrants
There are "modern" forms of
intolerance that have their
origin in general negative
attitudes towards social
diversity.
Discrimination excludes
migrant workers against the
principles of solidarity,
equity and inclusion.
Discrimination raises the
problem of "other" that is, the
representative or the holder
of the difference.
The Convention on the Protection of Rights of All Migrant Workers and their families.
On 1 July 2003 entered into force the International
Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families,
which establishes a set of rules binding international
governing the treatment and social rights and
human rights of migrants, documented and undocumented,
and the responsibilities of the sending and receiving State
The concept "migrant worker" is defined
in Article 2 of the Convention on the
Protection of the Rights of All Migrant
Workers and their families as "... a person
who is engaged, is engaged or has been
engaged in a remunerated activity in a
state that he is not national ".
In paragraph 2 of Article 2 defines certain
specific categories of migrants, such as
border workers, seasonal workers,
seamen, offshore workers, itinerant
workers, workers and project-tied
workers own.
The definition in Article 2 refers exclusively to
migrant workers who are outside their
country.
In the action program of the International Conference on Population and Development adopted in 1994 in Cairo:
◦ It was established as a compromise of the host countries "... consider the possibility of extending (the rights of nationals) to documented migrants who meet appropriate requirements and their families stay
"The phenomenon of
large-scale migration has
often resulted in a greater
number of cases of
racism and
xenophobia." There is a
worsening trend of
human rights of migrants
in many parts of the world,
especially in North
America and in the
European Union.
The entry into force of the Convention on the
Protection of the Rights of All Migrant Workers
and Members of Their Families:
◦ Article 1 of the Convention establishes the principle
of non discrimination because of immigration status
of migrant workers.
◦ This Convention contains a number of specific
provisions concerning equal treatment of migrants
in relation to access to education, vocational
training, health services, housing and cultural rights.
◦ According to Article 31, "States Parties shall
ensure respect for the cultural identity of migrant
workers and their families, and not prevent them
from maintaining their cultural links with their
State of origin.“
◦ Article 28 recognizes "the right to receive any
medical care that is urgently needed to preserve
life and to avoid irreparable damage to their
health.”
◦ Under Article 44 of the Convention, "States Parties shall
facilitate the collection of documented migrant workers
with their spouses or persons who have a relationship
with the worker who produces effects equivalent to
marriage.“
It should be emphasized that the convention does
not encourage migration but is a tool that
provides universal basic standards of protection
of human rights to migrant workers without
distinction as documented and undocumented.
◦ Article 42 which states "Participation in the States
of origin and destination in decisions that affect
their lives and their communities.“
◦ Article 43 which provides for "equal treatment with
nationals in relation to education, vocational
training, housing, health, social services,
cooperatives and businesses.“
◦ Article 54 which assumes equal treatment in
protection against dismissal, unemployment
benefits and access to unemployment programs.
The main impetus
behind the
Convention is that it
recognizes the
migrant worker, as
depositary of all
human rights with
no difference of their
immigration status
In the State receptors of international
migration, human rights of migrant workers
are violated.
The answer of the receiving State
A basic principle of
human rights is that fact
of entering a country,
violating the immigration
laws of the country does
not imply the loss of
human rights "irregular
migrant". Nor does it
eliminate the obligation
to protect the receiving
State.
Migrant workers are considered as subjects of public
international law through international instruments.
The jurisdiction of international institutions has
become very important, driven by the globalization
of capital, trade and information, and the
emergence of unprecedented social movements
and civil society organizations and vulnerable
sectors of the population, such as migrant workers.
Conclusions
The United Nations (UN) and the
International Labor Organization (ILO) have
agreed on important legal instruments to
defend the rights of every human person,
women, children, indigenous peoples, or, on
the fight against discrimination, racism and
intolerance that are applicable to all
migrant workers.
The International Convention on Protection of the
Rights of All Migrant Workers and Their Families,
adopted in 1990 and entered into force on July 1,
2003.
The general objective of the Convention was to
establish minimum standards for universal
application on the protection of migrant workers,
especially the most vulnerable as it is to women,
children and the old man and also, their families,
with or without documents
Jul. 8th, 2012
An approach to migration management, which emphasizes the protection of fundamental rights of all migrants and combating exploitation and trafficking can not be established by force.
It should be established national minimum standards of employment protection for workers, natives and migrants in the countries where they do not exist.
Proposals:
Institutional mechanisms for consultation and coordination with social partners in policy making and its implementation, to ensure coordination within the government sphere and in consultation with social partners and civil society in all relevant areas.
Labor migration policy should be developed and implemented in consultation with social partners that is taking into account the interests of workers' organizations and employers, condition for a viable and sustainable policy, therefore, implementation of migration policy also requires:
a) Policies professional mobility of labor in the areas of regional integration
b) A reconsideration of the terms of aid, trade and international relations to facilitate equitable development;
c) The creation of specialized institutions in the coordination, implementation implement and monitor policies;
d) The fight against trafficking and exploitation of migrants by organized crime, and e) The development of attention to gender policies to ensure equal treatment and pay.
Migration Policy
a) The incorporation into national law rules on the protection of the rights of non-nationals
b) Declaring illegal and unacceptable any behavior or act of discrimination based racist or xenophobic
c) Develop the necessary administrative measures and procedures to ensure full implementation of legislation and accountability of government officials
d) Establish independent national bodies to monitor respect for human rights and non discrimination, powers of monitoring and enforcement, and receiving individual complaints
e) Promote respect for diversity and multicultural interaction
f) Encourage the media to emphasize positive images of migration and diversity
g) Include in the training curriculum and the multicultural diversity, and g) Mobilize civil society cooperation.
Full implementation of the action plan against discrimination and xenophobia, to promote social cohesion, such as:
In recent years the control or management of migration became a priority for many governments. In virtually all regions of the world were established intergovernmental dialogue process aimed at policy coordination.
However, the responsibility for the management of labor migration has become the responsibility of the ministries or departments of internal governance or instead of the ministries or departments of labor, supporting a national security framework in place a regulatory framework labor market for the development and implementation of public policies.
The change of labor and not just financial