Regional ConferenceRegional Conferenceon Migration (RCM)on Migration (RCM)

Seminar onSeminar onMigration Legislation Migration Legislation

Guatemala CityGuatemala City15 - 16 February 200715 - 16 February 2007

Lic. Mario Zamora CorderoDirector General of Migration & Alien Affairs

Republic of Costa Rica

2 Components of 2 Components of Migratory PolicyMigratory Policy

• CONTROL

• INTEGRATION

ControlControl = = Integration Integration

Integration = Integration = ControlControl

Knowledge of migratory movements is obtained from census and passenger/ traveler/foreigner records and is an important element for economic and social planning in a country and, in particular, for managing its physical space.

Total political assylees (until 28.02.06):

136

Refugees (until 31.12.05):

7,991

of which 6,087 are from Colombia.

Source: Department of Institutional Planning

General Direction of Migration and Alien Affairs

2005-2006 Figures2005-2006 Figures

RefugeesRefugees

CANTIDAD PAIS383 COLOMBIA22 CUBA1 ESTADOS UNIDOS1 ISRAEL3 MÉXICO1 NIGERIA6 NICARAGUA

26 VENEZUELA

443 TOTAL

AÑO 2006

RefugeesRefugees

AÑO2001*20022003200420052006

2007**

TOTAL

Notas: * Datos del 17 de julio al 31 de Diciembre

** Los reconocimientos corresponden a colombianos

4439

RECONOCIMIENTOS

7.991

2.4201.149

784789

COSTA RICADIRECCIÓN GENERAL DE MIGRACIÓN

TOTAL DE REFUGIADOS

2.397

2000-2005 Figures 2000-2005 Figures Residency PermitsResidency Permits

RESIDENCIES GRANTED BY THE GENERAL DIRECTION OF MIGRATION AND ALIEN AFFAIRS, BY YEAR

2000-2005

TOTAL 2000 2001 2002 2003 2004 2005

100,313 64,835 6,712 5,226 9,632 6,578 7,330

Source: Department of Institutional Planning

General Direction of Migration and Alien Affairs

Reform to the Law on Reform to the Law on Migration and Alien AffairsMigration and Alien Affairs

Current Law 8487Current Law 8487

It is necessary to take into consideration that the enforcement of the Migration and Alien Affairs Law approved by the Legislation on 27 October 2005 and published in Official Journal La Gaceta No. 239 of 12 December 2005, did not follow, in the strict sense, the standards and guidelines established in international instruments and the Constitution, as a way to guarantee and uphold the human rights of the foreign population in the country.

Neither was there compliance with Transitory I of the aforementioned Law providing that “The State shall assign the General Directorate of Migration and Alien Affairs the resources necessary to undertake surveillance and control of the entry of foreigners along its borders and inside the country. Logistics resources, equipment and staff shall be integrated into a surveillance and control project budget, to be presented by the Directorate to the Ministry of Finance before next August so that these resources can be included in the next ordinary budget of the Republic or in the extraordinary budget about to be submitted”.

The Constitutional Court, in Decision N05-007009-0007-CO of 20 July 2005, ruled that the constitutionality of Law 8487 should be in accordance with the Rights under the Constitution requiring that the public institution responsible for enforcement of the Law should follow, in its organization and operation, the highest Human Rights standards.

Main Lines of the ReformMain Lines of the Reform

• Adaptation of the legal text to the provisions of the Political Constitution, and International Treaties and Agreements signed and ratified by the country, with particular reference to Human Rights instruments.

• Transformation of the migration management model: establishing a migratory system that will enable the legal integration of migrants through their contribution to the sustainability of Costa Rican public services and through their participation in social work at community level.

Main Lines of the ReformMain Lines of the Reform

• Improving migratory control by strengthening the Migration Special Police and typification as a crime of international trafficking of persons and its aggravated forms of commission in case of violation to the human rights of the victims of trafficking.

Main Lines of the ReformMain Lines of the Reform

• Joint decision making system through the legal constitution of the Visa Commission and expansion of the number of social actors in the Management Council of the Special Migration Fund.

• Simplification of procedures and technological improvement of migratory safety.

Main Lines of the ReformMain Lines of the Reform

• Introduction of flexibility into the hiring of

foreign labor as long as there is

contribution to the social security system.

Main Lines of the ReformMain Lines of the Reform

• Migratory Labor Statute to favor professionalism among officials and their adaptability to the labor environment.

Main Lines of the ReformMain Lines of the Reform

The Costa Rican ConsensusThe Costa Rican ConsensusMigration ChapterMigration Chapter

The Costa Rican ConsensusThe Costa Rican ConsensusThe Arias Sanchez AdministrationThe Arias Sanchez Administration

2006-20102006-2010

Seeks to reorient or reformulate the existing schemes that regulate official assistance for development [OAD].

Seeks to create incentives for developing countries that invest ethically but still have unfinished work and face challenges that –in democracy and with democracy– cannot be overcome by the countries themselves.

Costa Rican Consensus: Costa Rican Consensus: MigrationMigration

Seeks the support of developed countries to strengthen the public services (mainly health and education) of developing countries which, in turn, receive migrants and refugees and are respectful of Human Rights and international standards for the protection of human dignity.

Costa Rica seeks:Costa Rica seeks:

Costa Rica seeks and bets on the integration of migrants.

Legalization is parallel to the contribution to the sustainability of the public services.

Migration seen as a phenomenon, not as a problem.

Costa Rica, a middle income country, provides –using its own resources- public services without discrimination to migrants, regardless of their regular or irregular situation.

Thank youThank you

Questions / CommentsQuestions / Comments

Website: Website: www.migracion.go.crwww.migracion.go.cr