Co-Development Experiences in Costa Rica

1. Co-Development Experiences in Costa Rica Luis Alonso Serrano Echeverría Head of Institutional Planning General Directorate of Migration and Immigration – COSTA RICA

2. What is Co-Development? • A form of cooperation where out-migrating citizens are a vector of development in their country of origin. • A phenomenon that exists since migration began. • Traditionally, populations that have moved to other countries (especially those migrating for economic reasons) have supported the development in their communities of origin in different ways, either individually or in a collective manner.

3. Objectives To regulate thelabour migration flows of Nicaraguan workers in Costa Rica. To promote conditions for migrants to integrate into labour markets. To improve the economic and psycho-social situation of migrants and their families. To promote the social integration of migrants.

4. To establish an orderly procedure through a series of mechanisms and regulations agreed on between both countries (origin and destination) with the aim of facilitating orderly labour migration flows establishing working conditions and return mechanisms in advance; offering opportunities, having a comprehensive impact on the development of both countries (origin and destination), and ensuring the respect for, human dignity, and well-being of migrant workers. Objective of the Co-Development Programme

5. Participating Institutions • AECID • IOM • DGME Costa Rica • DGME Nicaragua • Ministry of Labour of Costa Rica (MTSS) • Ministry of Labour of Nicaragua • Ministries of Foreign Affairs of both countries • MIDEPLAN • Defensoría de los Habitantes of Costa Rica • Social Sector Representatives

6. Training and Resources for the Ministry of Labour and Social Welfare (MTSS) and the General Directorate of Migration and Immigration (DGME) Capacity-building (Activity A.A.4)

7. Costa Rica - Nicaragua Co-Development Project • Human resources support • Infrastructure support • Technology support and office supplies • Expediting procedures and regulations for labour migration for employment purposes

8. Binational Agreement Costa Rica - Nicaragua In December 2007, a Binational Cooperation Agreement was signed between the Ministries of Labour and General Directorates of Migration and Immigration of the Governments of Costa Rica and Nicaragua, with the aim of joining efforts and regulating the procedures relating to migrant workers in an orderly manner, in strict compliance with the basic rights of workers.

9. Procedure Recruiting and hiring in Nicaragua Transfer of migrant workers to Costa Rica Inter-institutional coordination at the border between Ministries of Labour and General Directorates of Migration and Immigration of both countries Workers enter the country and submit relevant documents A work permit is granted

10. Hiring foreign workers who already are in Costa Rican territory in a regular manner. Two Spheres of Action • Hiring workers from outside Costa Rican territory that are required by enterprises from the construction, agriculture, and agro-industry sectors.

11. The enterprise that is interested in hiring foreign workers for specific activities needs to submit an application to the National Directorate of Employment (DNE) of MTSS. This institution will formulate a recommendation based on technical studies in the area in question. Initiating the Application Process

12. Workers that are hired from abroad are not required to submit a visa, proof of no indefinite stay in Costa Rica (a return ticket or a ticket to continue their journey), or proof of financial means (solvency) to DGME. Exemption from Admission Requirements

13. Procedure Costa Rica: • DGME shall authorize the entry of Nicaraguan nationals over 18 years of age under the special category of temporary worker with a prior report by MTSS. • Activities: construction, agriculture, and agro-industry. • Begins with the application submitted by the employer to DNE.

14. Procedure • The enterprise may submit relevant documents at the regional offices of DGME of Costa Rica. • Documents are filed under a “master file” for each enterprise. • Each worker has a file with forms, photos, data, and the original application. • The deposit of $20 can be done together with the initial application or when the permit is granted.

15. Once a favourable report has been received from DNE, the interested enterprise needs to comply with the following requirements: A written application signed by the legal representative of the enterprise, authenticated by an attorney, including general information on the foreign national. Complete one form for each worker. Two passport size photos. One copy of the page of the passport that includes general information. Procedure with DGME

16. Once the deposits have been made, the relevant office of DGME issues the authorization resolutions and immediately informs the border posts about this, in order to facilitate the entry of the temporary workers. Communication to Border Posts

17. Responsibilities of the Employer • To ensure two-way transportation, at the beginning of the employment term and upon expiration of the employment contract. • Housing with optimum hygiene and physical safety conditions, without any cost for the worker. • A guarantee deposit of $20 or its equivalent in Colones.

18. The Government of Costa Rica, through MTSS, shall watch over the following: • Socio-labour treatment as established by Costa Rican legislation • Housing conditions • Payment of salaries • Recognizing and complying with severance pay

19. Once the term for the authorized stay has expired, the foreign national should immediately leave the country, unless the enterprise requests authorization for the worker to continue working. Term

20. Expiration of the authorized term. Voluntary departure of the worker from Costa Rican territory. Engaging in activities other than those authorized by DNE or changing employer without authorization. Causes for Automatic Cancellation of the Special Category

21. www.migracion.go.cr