“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