EXPERIENCES IN CONSULAR PROTECTION FOR MIGRANT WORKERS: CHALLENGES AND PERSPECTIVES

1. Ministry of Foreign AffairsGeneral Consular DirectorateILO – Gender-Sensitive Migration Policy Project Technical Cooperation EXPERIENCES IN CONSULAR PROTECTION FOR MIGRANT WORKERS: CHALLENGES AND PERSPECTIVES

2. Participation of a significant number of women in migration flow s Massiveness and permanence throughout time Urban and rural components Temporality CURRENT CONTEXT OF MIGRATION PROCESSES CHALLENGES RELATING TO CONSULAR PROTECTION • It is imperative for consular assistance and protection to go beyond the traditional spaces of action. • To promote closer collaboration with local authorities and fellow citizens, with the aim of facilitating agreements, understandings, and projects for the benefit of migrant workers leading, in turn, to processes optimizing migration as a development factor. Currency and Complexity of Migration Processes

3. Consular authorities have significant means to provide assistance and protection to migrant workers. In some cases, these mechanisms are not used. • The manner in which consular protection and assistance are perceived should change – more direct and strategic action to develop formal relations between the country of origin and its nationals in the country of destination.

4. Migration Management in Nicaragua • An explicit migration policy is not in place in Nicaragua. • We have identified that the position of the State includes the following elements: De-stimulating migration by increasing employment opportunities in the country. However, the existence of important migration processes is recognized, with a significant number of Nicaraguans living abroad who need to be protected and assisted – given that they enjoy the protection of the State – through actions by consulates.

5. Primary Consular Protection Experiences – New Migration Context • COSTA RICA – NICARAGUA CO-DEVELOPMENT PROGRAMME (2006-2011) • “Co-development”: Promoting and generating economic and psycho-social benefits; firstly, for migrants, and simultaneously in societies of origin and destination. • To achieve this, it is essential to regulate migration processes, within a framework of full respect for human rights.

6. Co-development, Main Purpose • To increase contributions by migration movements to development processes in Costa Rica and Nicaragua, seeking to generate positive impacts in terms of promoting economic growth processes and improving social conditions in both countries. • Lines of Action: • To regulate labour migration flows of Nicaraguan workers in Costa Rica; • To promote favourable conditions for labour integration of migrant populations into the labour market • To improve the psycho-social conditions of migrants and their families • To promote social integration of migrants.

7. Costa Rica-NicaraguaCo-development • Effective participation in the process of establishing and implementing the Binational Agreement on Temporary Workers (December 2007), and • Effective support for obtaining the Nicaraguan documents required for regularization processes.

8. Consular Protection Actions within the Framework of the Costa Rica – Nicaragua Binational Agreement on Temporary Migrant Workers • In situ inspection visits to verify compliance with the Binational Agreement in terms of labour conditions and respect for the rights of temporary migrant workers • Developing the process of registration and issuance of the consular identity card in Costa Rica

9. 1 2 3 4 Clearly established a route for the recruitment, hiring, transfer, stay, and return of groups of temporary migrant workers Opened up a dialogue on the topic of labour migration Facilitated contact between different institutions Knowledge gained about the primary characteristics and conditions of Nicaraguan nationals in Costa Rica Co-developmentA highly valuable experience for both countries: www.themegallery.com

10. Costa Rica-Nicaragua Binational Agreement on Temporary Migrant Workers – Challenges To develop a common conceptual framework for co-development, identifying aspects that are of interest to both countries. To address aspects relating to execution of the Binational Agreement, identifying strengths and weaknesses in applying the protocol for action. To establish mechanisms to strengthen inter-institutional coordination and expedite actions to implement the presence of migrant workers in production units in Costa Rica requiring labour. A general information campaign on the Agreement for Temporary Migrant Workers. www.themegallery.com

11. PROJECT TO REGULARIZE NICARAGUAN NATIONALS IN EL SALVADOR – PRORENISA • Cooperation Agreement between the Government of El Salvador, the Government of Nicaragua, and the International Organization for Migration. • The project is oriented toward helping to regularize Nicaraguan populations living in the country, facilitating processes and procedures to enable the identified populations – or populations to be identified – to gain access, provided that they comply with the requirements established by relevant legislation of El Salvador and Nicaragua.

12. PRORENISA • Establishing a technical coordination team: • IOM, Nicaraguan Embassy and Consulate, and General Directorate of Migration and Immigration of El Salvador. • Key strategy: Establishing a support fund for those persons that, due to financial limitations, are unable to cover the total costs of regularization for themselves and their families.

13. PRORENISA • Establishing a Consular Window at the regional offices of the General Directorate of Migration and Immigration in the Department of San Miguel. • Reflections: • Previous agreements and identifying common interests for both countries are key elements to ensure the success of this initiative. • Inter-institutional coordination between both countries is an important element.

14. Reflections-PRORENISA • It is highly important that a data base is in place with information about the migration dynamics, with the aim of ensuring that proposed actions are consistent with this reality. • A significant population group has yet to be assisted: temporary workers, who were not included in this initiative since resident populations were the target group. • The experience has become a specific example of integration between both countries.

15. Joint DeclarationUS Department of Labour and Nicaragua (August 2011) • Establishing cooperation relations for training, education, dissemination, and communication, and promoting national dialogue on compliance with laws and regulations established by the Wage and Hour Division (WHD) of the Department of Labour.

16. Agreement between WHD and the Consulate of Nicaragua in Houston • The Consul of Nicaragua in Houston-Texas achieved the signing of an agreement between WHD of the US Department of Labour, the Houston District Office, and the Consulate (January 2012). • Both institutions recognized their common commitment of compliance and accordance with laws and regulations at the work place, all of which apply to all Nicaraguan nationals in the US.

17. To launch an educational programme to enable Nicaraguan nationals living in the State of Texas to learn about laws and regulations that apply in the workplace. 1. 2. 3. 4. To establish a mechanism for systematic contact mechanism between the Consulate and WHD, with the aim of coordinating implementation of the agreement. To provide training by WHD for relevant consular staff, on implementation and compliance with administrative laws and taxes by WHD. To establish a system for submitting complaints to WHD. Agreement between WHD and the Consulate of Nicaragua in Houston General Objectives of the Agreement:

18. CHALLENGES RELATING TO CONSULAR PROTECTION FOR MIGRANT WORKERS 1 2 3 Consular Protection with a gender approach, with the aim of not increasing discrimination against women. To make women visible who participate actively in each phase of the migration process in different ways. To design consular protection actions that consider specific characteristics of the realities faced by women within the context of migration.

19. Prevailing gender stereotypes and occupational segregation in the labour market Conditions rendering women more vulnerable: An employment relationship of dependence Individualized and isolated work environments Lack of organization and representation Women that do not work as household workers are made invisible

20. Consular Actions for the Protection of Migrant Workers • To train officers to enable them to gain the • awareness, knowledge, experience, and capacity • to better serve national populations requiring • our intervention and assistance. Guidelines of the ILO Multilateral Framework • To continue developing the process of • registration and issuance of a consular identity • card To establish objectives and a clearly defined strategy on the expected results in terms of protection for migrant workers www.themegallery.com