Johnny A. Ruiz Arce Head of Labour Migrations - MLSS San José, Costa Rica May 8-11, 2007

1. WORKING GROUPS MEETINGTECHNICAL ASISSTANCE WORKSHOPOAS – IACMLAssistance and migratory managementOrderly Labour Migrations“An approach from the MLSS, Costa Rica” Johnny A. Ruiz ArceHead of Labour Migrations - MLSSSan José, Costa Rica May 8-11, 2007

2. BI-NATIONAL CONVENTIONS AND AGREEMENTS • Regulate the entry and stay of non-resident migrant workers. • Organizelabour devoted to temporary agricultural activities. • Are applied with entrepreneurial participation. • Allow guaranteeing the social and labour treatment established by the Costa Rican legislation. • Bring about better spaces and consistent benefit for recognizing the importance of work and the contribution that the migrant workers provide to the national economy.

3. MANAGEMENT OF MIGRATORY FLOWSFOR EMPLOYMENT AIMS • To promote and execute appropriate migratory and labour policies for regulating, organizing and monitoring the phenomenon. • The contribution of the migrant population is acknowledged, but we make efforts for establishing an organization guaranteeing the social and labour protection, eliminating discriminatory practices. • The objective is to modernize the institutions through their specialized offices of migratory/labour management. • By the agreements it promotes the availability of a joint agenda for developing order strategies, aiming at optimizing a migratory governability with our neighbours.

4. COSTA RICA MIGRATORY REALITY • It is a recipient country that has given opportunities to significant groups of foreign citizens, especially concerning living conditions described as difficult, and in economic, political, social or natural problems. • Many of these workers have allowed to meet specific needs of the Costa Rican labour market. • Ten percent of the population is composed by foreigners, especially Nicaraguans. • Approximately 14000 individuals have a refugee condition. • There are new changes in the migratory flow in the social and demographic profiles of the population. • Costa Rica faces an adjustment in the labour market and there are occupational changes. • The phenomenon demands availability of suitable forms for monitoring, directing and organizing the movement of individuals.

5. CHALLENGES OF COSTA RICA • The migratory movement sets out a specific and complex phenomenon, especially when it is irregular. • For reducing the irregular movements, agreements promoting a migratory labour policy should be strengthened. • To reiterate the commitment to migratory movements management for employment purposes, observing respect for the essential standards and living and working conditions. • It is required the support of international organizations such as the IMO, ILO, OAS, AECI and friendly governments.

6. COSTA RICA – REGULATIONS IN FORCE • With regard to the legislation, it has been modernized for managing orderly migrations, as far as possible. • General Law Number 8487 came into force in August 2006; recently the Executive Power presented a reform project to the Legislative Assembly. • The GDMA (DGME) has coordinated with governmental institutions the preparation of guidelines for assisting the migratory management.. • New categories are incorporated for issuing authorizations for labour contracts as cross-border workers, temporary workers, workers having a specific occupation and those linked to specific projects. • The MLSS has presented a National Employment Plan, where it is defined the reordering of labour migrations.

7. COSTA RICAMIGRATORY AND/OR LABOUR ACTIONS • There is a follow-up of compliance of the rights of the foreigners that have been regularized, especially through migratory amnesties. • It is coordinated with the Foreign Office, the GDMA (DGME), the MLSS and other bodies for meeting this phenomenon. • The country is committed to the favourable integration and insertion of the migrant people. • The are joint institutional actions for meeting migration among the countries.

8. COSTA RICA - SOME REFORMS • New legislation categorizes the “coyote” crime and the reform project includes the trafficking in persons. • New sanctions are incorporated for fraudulent marriages which take place for obtaining migratory regularization. • The new project strengthens the integration of migrant workers and is in accordance with the commitment to the respect for human rights. • It is promoted an integral approach that envisages the rights and obligations of the employers and the migrant workers.

9. COSTA RICAA REALITY TO BE TAKEN INTO CONSIDERATION • It is recognized that manifold economic sectors provide employment and receive a significant contribution of migrant workers, nevertheless, it is analyzed the social cost that migration in general implies. • The need to implement a programme for migrant workers, strengthening the proposals for decent work, to overcome the labour abuse and exploitation and, as far as possible, to eliminate discriminatory practices and, in many cases, xenophobia. • Efforts should be made on information programmes, especially in the countries where there is a higher concentration of migrant population

10. COSTA RICAALTERNATIVES • The driving force of the migratory policy is not always the labour shortage as it has been stated in some opportunities. • There have to be organized and applied orderly exchanges “from, in and towards Costa Rica”. • Labour contracts should be observed and met through monitoring and follow-up. Likewise, it is necessary to know the amendments and even the eliminations that are noticed in the jobs. • Migrations should be the responsibility of the recipient countries in coordination with the countries of origin, for which optimizing the migratory governability implies strengthening the bi-national agreements.

11. ACTIONS FROM THE MLSS, LABOUR MIGRATIONS DIVISION • It undertakes technical studies for providing the recommendations set forth in the General Law on Migration and Alienage on the general principles of the migratory policy, the Labour Code, the Organic Law of the MLSS, and the National Employment Plan. • There is a work methodology between the MLSS and the GDMA (DGME) for assisting the studies related to the categories of the cross-border workers, the temporary workers, and the workers of a specific occupation and linked to specific projects, (Article 90 – Law Number 8487)

12. COSTA RICACONCLUSIONS • Costa Rica is a country that depends on migrant workers for meeting the labour demand of some sectors of the economy. • We are before a new updating proposal, and legislation should be directed towards making it possible a more orderly migratory management. • In the agricultural and agribusiness sectors, efforts should be made on labour monitoring and follow-up. • Work is being done on an orderly exchange programme with entrepreneurial social responsibility.

13. RESPONSIBILITY OF THE STATES • The Social Doctrine recognizes the right of the States to keep control on the entry of foreigners, and to control their borders. • To guarantee an internal order in their territory, in such a way as to favour an orderly and peaceful coexistence among their inhabitants. • To ensure security and respect for the fundamental human rights. AT CHURCH NOBODY IS A FOREIGNER, One-day Meeting on Migrations, Ecuador – Spain, page 83,year 2003

14. RESPONSIBILITY OF THE STATES “The exercise of the right to enter other country should be regulated because through an indiscriminate practice it can damage and adversely affect the public welfare of the communities…” “ …one must have international standards capable of regulating the rights of each person for preventing unilateral decisions that could harm the weakest people” “ To control immigration does not mean to forget the fundamental principle that the immigrants should always be treated as human beings with dignity” AT CHURCH NOBODY IS A FOREIGNER, One-day Meeting on migrations, Ecuador – Spain, page. 84, year 2003.

15. Ministry of Labour and Social Security National Directorate of Employment Labour Migrations Division Telephone Fax 221-10-68 E-mail. jruiz@ministrabajo.go.cr P.O. Box 10133 – 1000 San José Edificio Numar, San José, Costa Rica

16. THANK YOU