The Experience of Mexico in Documenting Guatemalan Border Workers

1. The Experience of Mexico in Documenting Guatemalan Border Workers Second RCM Workshop on Temporary Foreign Worker Programs (TFWP): Intra-regional or “South-South” Approach Dominican Republic, April 28-29, 2011 Ernesto Rodríguez Chávez Centre for Migration Studies Instituto Nacional de Migración [National Institute of Migration]

2. OBJECTIVE: To analyze the conditions and characteristics of Guatemalan border workers in southern Mexico that are relevant to the definition and implementation of specific immigration documentation schemes. 1

3. HISTORICAL BACKGROUND • Intense cross-border family life, trade, services, and labour. 19th – 21st century. • Historical presence of Guatemalan workers in agriculture in southern Mexico, particularly in the region of Soconusco, Chiapas: 20th – 21st century. • Border mobility and autonomy of some regions between Guatemala and Mexico: 19th century. Current border 1882. • Guatemalan workers in various activities, without the required documentation. Expansion in the last decade of 20th century and 21st century. • High presence of informal trade in border areas. 20th – 21st century. • Highly permeable border due to insufficient infrastructure and lacking presence of authority to manage the international movement of persons, hundreds of pedestrian crossings and over 50 informal vehicle crossings. 21st century. 2

4. BACKGROUND REGARDING IMMIGRATION DOCUMENTS, GUATEMALAN WORKERS IN SOUTHERN MEXICO: • Permissiveness about the settlement of colonists and recruitment of foreign workers: late 19th century to early decades in 20th century. • Banning the entry of unskilled labour, including agricultural labour: Migration Act of 1930. • Deregulation in the 60s and 70s. • Lists of workers negotiated with the authorities by employers through recruiters, only once and for a specific workplace. 80s and 90s. • Visiting Agricultural Worker Migration Form (FMVA) 1997-2008. Only for Chiapas and a specific workplace. It is complemented by previous lists partially registeredin Guatemalan employment centres. 3

5. QUALITATIVE EVIDENCE • Migrant workers who work in the southern part of Mexico are primarily from Guatemala, although there is information on the presence of some Hondurans and Salvadorans. • Essentially they DO NOT establish their permanent residence in Mexico and the time they spend in the country varies according to the distance between their place of origin and workplace and/or available resources. Mainly, there are daily crossings and stays of less than a month. • There are more historical, geographic, and population connections between some areas of Chiapas (Mexico) and Guatemala than between the low and high or central areas in Chiapas. • Presence by Mexican States and Sectors 4 Source: National Institute of Migration - INM.

6. QUALITATIVE EVIDENCE FLOWS OF GUATEMALAN WORKERS IN MEXICO Documented flows (FMTF) Agricultural: coffee, mango, orange, papaya, plantain, sugar cane Other sectors: trade, construction, services, etc. Undocumented flows Documented with FMVL (local visitor) Tabasco, Quintana Roo and Campeche Chiapas Source: National Institute of Migration - INM. 5

7. 1 -15 days 16% Up to 24 hrs. 38% 16 days - 1 mo. 28% 1 mo. – 1 yr. 18% QUANTITATIVE EVIDENCE GUATEMALANS WHO WORKED IN CHIAPAS AND RETURNED, EMIF SUR,2010 (Jan-Sep) Intense and varied short stay migration circularity • Most have 3 or more years work experience in Mexico. 79% began working in Chiapas in 2007 or earlier. • 72% had never worked in Guatemala. Source: National Institute of Migration - INM. Preliminary estimates based on data of EMIF SUR, 2010. Flows from Mexico to Guatemala. INM, CONAPO, COLEF, STPS and SRE. 6

8. 70 30 70 50 30 10 10 50 Farming Trade Industry, Construction Household Work Services, Transport Industry, Manufacturing 70 50 30 10 10 30 50 70 % Up to 24 hours More than 1 day QUANTITATIVE EVIDENCE GUATEMALANS WHO WORKED IN CHIAPAS AND RETURNED, EMIF SUR,2010 (Jan-Sep) Activity Sector, by Length of Stay (Includes documented and undocumented workers) Total 44% 22% 16% 12% 5% 1% 56% in non-agricultural work 20% are self-employed workers, mainly ambulatory salespersons Source: National Institute of Migration - INM. Preliminary estimates based on data of EMIF SUR, 2010. Flows from Mexico to Guatemala. INM, CONAPO, COLEF, STPS and SRE. . 7

9. QUANTITATIVE EVIDENCE GUATEMALANS WHO WORKED IN CHIAPAS AND RETURNED, EMIF SUR,2010 (Jan-Sep) Immigration Status Worker has worked without immigration document authorizing this activity. 79% - 2010 90% - 2007 Local visitor (FMVL) (permission to stay for 72 hours, not to work) 62% - 2010 72% - 2007 FMTF (authorizes work with multiple entries) 21% - 2010 10% - 2007 Without immigration documents 17% - 2010 18% - 2007 • Undocumented immigrants do not use “coyotes” to cross the border due to easy access. Source: National Institute of Migration - INM. Preliminary estimates based on data of EMIF SUR, 2010. Flows from Mexico to Guatemala. INM, CONAPO, COLEF, STPS and SRE. 8

10. GUATEMALA Huehuetenango 18% Quetzaltenango 8% Suchitépequez 5% Retalhuleu 4 % QUANTITATIVE EVIDENCE GUATEMALANS WHO WORKED IN CHIAPAS AND RETURNED, EMIF SUR,2010 (Jan-Sep) Where do they come from and what is their destination in Chiapas? • Destination: • City – 58% • Farm or ranch – 42% CHIAPAS • Main destination cities in Chiapas: • Tapachula • Suchiate • Cacahoatán • Tuxtla Chico Border Region 17% San Marcos San Marcos 63% Soconusco Region 82% Source: National Institute of Migration - INM.Preliminary estimates based on data of EMIF SUR, 2010. Flows from Mexico to Guatemala. INM, CONAPO, COLEF, STPS and SRE. 9

11. Alta Verapaz Huehuetenango GUATEMALA San Marcos San Marcos Distance from Border Quetzaltenango Suchitépequez QUANTITATIVE EVIDENCE GUATEMALAN AGRICULTURAL WORKERS DOCUMENTED BY INM WITH FMTF 2010 Where do they come from and what is their destination in Chiapas? • Main destination regions and municipalities in Chiapas: • Frailesca Region (IV): • La Concordia • Ángel Albino Corzo • Soconusco Region (VIII): • Mazatán • Tapachula • Hidalgo Border CHIAPAS Frailesca Region 45% Soconusco Region 42% Source: Centre for Migration Studies of the National Institute of Migration based on immigration records, 2010. 10

12. 100.000 90.000 Average 70,000 80.000 70.000 60.000 Average 42,000 50.000 Average 28,000 40.000 30.000 20.000 10.000 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 GUATEMALAN WORKERS DOCUMENTED BY INM IN BORDER CROSSINGS IN CHIAPAS, 1990 - 2010 2010-2007 (vs.) 2000-1990 - 61% 11

13. Recent Characteristics and Trends in Documentation for Guatemalan Border Workers, 1990 - 2010 • An indicator of: • Deterioration of the agricultural labour market in Chiapas. • Increase in labour informality in the region. • Movement to non-agricultural sectors. • Existence of a binational formal labour market, regardless of the immigration procedures that are in force. • Border Workers (FMTF) • (April 2008 to date) • Chiapas, Tabasco, Quintana Roo and Campeche • Any economic sector • Valid for one year • Employment offer required • Guatemalan Agricultural Workers (FMVA) (1997 – March 2008) • Chiapas • Agricultural sector • Valid for one year • Employment offer required 12

14. ALTERNATIVE FOR DECISION-MAKING ON MIGRATION POLICY RECENT STATUS OF GUATEMALAN MIGRANT WORKERS IN SOUTHERN MEXICO Maintain the status quo Try to block the border ALTERNATIVES Temporary worker programme Recognize the reality and promote a legal stay for workers The most viable way to provide certainty and facilitate the protection of the rights of workers is to provide migration documents in a broad and flexible manner. However, this is not enough. 13

15. MIGRATION PROGRAMME FOR THE SOUTHERN BORDER To facilitate cross-border life in southern Mexico and the binational regional development EXPANDED AND IMPROVED IMMIGRATION DOCUMENTS Migration Regularization Programme 2008-2011 Expanding Immigration Form for Local Visitors (FMVL) Immigration Form for Border Workers (FMTF) Basis: Acknowledging the Existing Reality Contributes to the protection of the rights of migrants. New technologies for immigration documents Contributes to national and regional border security. Electronic entry and exit records 14

16. FINAL CONSIDERATIONS • Given the current conditions and history of the Mexican southern border, the mobility of Guatemalan workers occurs according to the economic dynamics in the region with a binational formal labour market. • FMTF has advanced in managing the flows of Guatemalan migrant workers and defending their rights. However, this does not guarantee the enforcement of labour and social rights. • Various employers, mainly coffee growers, have adopted partial or specific schemes to provide health care and education to migrant workers and/or their companions. • Changes in rules and agreements between Mexican government agencies are required as well as binational agreements with Guatemala in terms of contributions to social security and its portability from one country to another. • FMTF shows interest in a migration policy oriented towards migration regulation and flexibility. • However, thousands of undocumented workers are still entering, as well as others without a work permit, although there is evidence of the beginning of a gradual change. . 15

17. 1. To achieve an increased and improved documentation of Guatemalan migrant workers. 2. To direct crossings to formal points of entry. • To address the demands arising from cross-border life in a comprehensive manner, in terms of facilitating mobility, rights, and security. Primary Challenges: 3. To improve migration records and controls. 4. To improve infrastructure and equipment. 5. To obtain contributions and access to social security for workers, within a context of high labour mobility. 6. To increase coordination and cooperation between Mexican federal and state entities. 7. To increase coordination and cooperation with Guatemala. 16