BILATERAL AGREEMENTS TEMPORARY MIGRANT WORKER PROGRAM (PTMT) COSTA RICA – NICARAGUA

1. IOM-OIM / CEPAL / SEGIBGOVERNMENTS OF CANADA AND EL SALVADOR“Workshop of the Regional Conference on Migration” BILATERAL AGREEMENTS TEMPORARY MIGRANT WORKER PROGRAM (PTMT) COSTA RICA – NICARAGUA Johnny A. Ruiz Arce Head of the Labor Migration Department Ministry of Labor and Social Security (MTSS), Costa Rica April 23 – 24, 2009 San Salvador, El Salvador

2. MIGRATION OBJECTIVES • To organize temporary worker migration flows in order to integrate workers into the labor market. • To safeguard the social and labor integration of regular migrants living in the country. • To exercise powers of control and surveillance based on respect of human and labor rights. • To recognize that a Comprehensive Migration Policy needs to be established – an instrument which would be essential to planning and management of migration. Guidelines for a migration policy are currently in place in Costa Rica.

3. PRIMARY SIGNED AGREEMENTS • Joint Agreements of Presidents and Ministries of Foreign Affairs. 1995, 1997, 2006. • Statements by Ministries of Labor. 2003, 2004. • Agreements on regularization of migrant worker flows, signed by Ministries of Labor. 2002. • Agreement on the implementation of a binational labor migration policy to improve the quality of employment and the conditions and rights of migrant populations in Costa Rica. Granada, 2004. • Letter of Intent signed by Ministries of Labor. 2006. • Agreements signed by General Directors of Immigration of both countries.

4. KEY CONTENTS • Joint agendas are developed through the establishment of binational commitments, allowing us to develop strategies for the movement of migrant workers. • Dialogue between social interlocutors from both countries on this topic is facilitated. • Strategic information and guidance actions for employers and workers are implemented. In addition, the interest is promoting regularized migration supported by rights. • An assisted return of migrants whenever possible is promoted, once their authorized stay has finished.

5. BINATIONAL JOINT DEVELOPMENT PROGRAM • With support from AECID Spain and the International Organization for Migration (IOM), we are working on the following: • Binational processes coordinated among enterprises, Ministries of Labor, Ministries of Foreign Affairs, and Directorates of Migration and Immigration. • Providing information to employers and workers about the binational program. • Labor inspection and supervision by labor centers in the country of employment. • Coordination with non-governmental organizations serving migrant populations, in order to provide services to foreigners living in national territory.

6. WHAT JOINT DEVELOPMENT MEANS • Citizens who migrate represent a development option in their communities of origin. Therefore, the topic of contribution of migration movements to development processes needs to be addressed in Costa Rica and Nicaragua. • Countries need to manage these temporary flows and ensure working conditions in accordance with current national legislation. • To recognize that migrant workers make significant contributions to economic activity in the country of employment and that therefore, mechanisms to reduce irregular migration should be promoted. • To minimize discriminatory and rejection practices in the country of employment.

7. RESULTS • A migration management procedure for temporary workers is in place in Costa Rica-Nicaragua, signed in December 2007. • Workers have been mobilized from Nicaragua for agricultural, agro-industrial, and construction work. • A significant group of enterprises is actively participating in the mode of regularized migration.

8. RESULTS • Costa Rican authorities have authorized hiring Nicaraguan workers through internal procedures of the Ministry of Labor and Social Welfare (MTSS) and the General Directorate of Migration and Immigration (DGME). • Visa waiver programs and other procedures have been established for workers, in order to facilitate hiring if they hold a current passport or safe-conduct. • We are determining occupational spheres for which a relevant authorization can be issued. It should be noted that the law establishes special categories such as trans-border workers, temporary workers, workers with specific occupations, and workers linked to specific projects.

9. RESULTS • A statistical recording procedure has been established in both Ministries of Labor, coordinated with the Directorates of Migration. 2300 authorizations have been recorded in the first quarter of 2009, and we expect the number to increase to approximately 9000 authorized workers. • A binational work contract format has been developed, and the Costa Rican MTSS is holding meetings with enterprises. • Through this program, we have been able to carry out follow-up meetings on the phenomenon of migration with public institutions and non-governmental organizations in both countries.

10. CONCLUSIONS • Defining hiring conditions and determining labor deficit and surplus contributes to a better management of migration. • The success of the entire process will be strengthened to the extent that an increased inter-institutional coordination exists at a national and binational level. • Through this binational effort we are developing a procedure to respond to requests from migrant workers.

11. CONCLUSIONS • Our countries should define temporary worker migration and permanent worker migration and identify circular migration in neighboring countries as well as conditions of return, when appropriate. • Solid systems with information about the labor market are essential for labor market and migration policy-making and implementation.

12. “WE SHOULD TREAT MIGRANTS WITH DIGNITY” “Poverty and lack of opportunities are undeniably two of the primary factors driving human beings to leave their homes. In the case of Central America, I would venture to say that these are the primary factors. More than walls and patrolled borders, more than laws and draconian actions, the only way to stop migration originating from countries of the region would be through prosperity and creating opportunities. Clearly, this is a much greater and more complex challenge than migration reform. A true migration policy should begin by being a true social wellbeing policy.” Dr. Oscar Arias Sanchez, President of Costa Rica, January 23, 2008

13. NO ONE IS A FOREIGNER IN THE CHURCHEcuador – Spain Migration Day 2003 John Paul II - “Exercising the right to enter another country should be regulated because practicing this right indiscriminately may cause harm and damage the common good of communities… Norms regulating the rights of each individual should be in place to prevent unilateral decisions which harm the weakest. However, controlling immigration does not mean forgetting the basic principle that immigrants should be treated as human beings and with dignity”. Page 84

14. Thank you