“ Migration Challenges in México and the USA”

1. “MigrationChallenges in México and the USA” Dr. Alex Munguía Salazar

2. “...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...” ImmanuelWallerstein

3. Introduction • According to the UN, international migrants there is now200 million . • It is more than double that in 1980. • They are migrants to regional and extra regional level. • Almost half of them are women

4. 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.

5. 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.

6. 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.

7. 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.

8. Xenophobiaagainstmigrants • 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.

9. There are "modern" forms of intolerance that have their origin in general negative attitudes towards social diversity. • Discriminationexcludes 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.

10. 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

11. 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 ".

12. 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.

13. 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

14. "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.

15. 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.

16. 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.”

17. 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.

18. 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.

19. 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

20. The answer of the receiving State • In the State receptors of international migration, human rights of migrant workers are violated.

21. 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.

22. Conclusions • 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.

23. 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.

24. 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

25. Jul. 8th, 2012

26. Proposals: • 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.

27. MigrationPolicy • 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: • Policies professional mobility of labor in the areas of regional integration • A reconsideration of the terms of aid, trade and international relations to facilitate equitable development; • The creation of specialized institutions in the coordination, implementation implement and monitor policies; • 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.

28. Full implementation of the action plan against discrimination and xenophobia, to promote social cohesion, such as: • The incorporation into national law rules on the protection of the rights of non-nationals • Declaring illegal and unacceptable any behavior or act of discrimination based racist or xenophobic • Develop the necessary administrative measures and procedures to ensure full implementation of legislation and accountability of government officials • Establish independent national bodies to monitor respect for human rights and non discrimination, powers of monitoring and enforcement, and receiving individual complaints • Promote respect for diversity and multicultural interaction • Encourage the media to emphasize positive images of migration and diversity • Include in the training curriculum and the multicultural diversity, and g) Mobilize civil society cooperation.

29. The change of labor and not just financial • 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.