SOU OUTH H AME MERICA THE E LEGAL AL CONSTR STRUCTION UCTION - - PowerPoint PPT Presentation

MI MIGR GRATION N GO GOVE VERNAN ANCE CE IN SOU OUTH H AME MERICA

THE E LEGAL AL CONSTR STRUCTION UCTION OF THE E NATI TION ONAL AL AND THE E FOREIG IGNER NER SINCE E INDEPENDE PENDENC NCE E UNTIL IL TODAY AY

Dr Diego Acosta d.acosta@bristol.ac.uk Twitter: @dacostalaw www.diegoacosta.eu

Discourse

• The hu

human man right right to to migration migration and the recognition of migrants as subjects of Law, must be at the centre of State’s migration policies. In line with this, we claim the un uncondition conditional al res espect ect of

• f th

the Human uman Rights Rights of

• f migrants

migrants…and we condemn all xenophobic, discriminatory and racist acts…regardless of their migratory status, and reject eject any any at attemp tempt to to criminal criminaliz ize irregu regular lar migration gration.

Translation into Law

• National level: Several migration laws, several

Constitutions.

– Non criminalization of irregular migration. – Right to migrate as a fundamental right. – Open borders.

• Regional level. Free movement of people and

posible future South American citizenship.

Two claims

• Inn

nnov

• vat

ative ve

• Ex

Excep epti tional

• nal

Hajime Narukawa´s map

Five Revolutions (Moya)

• Demographic in Europe.
• Agricultural in South America.
• Industrial in Europe.
• Transportation for people and goods (steam

ships and train).

• Liberal. No restrictions to enter South America
• r to leave Europe.

1880-1980 restrictions

Political Ideology Physical or mental disabilities After 1929: social class. Post 1960s (Cold War): The Foreigner as a security threat

1980s back to democracy

• HRs intruments ratification.
• Emigration countries (Dictatorships, 1980, turn of the

century).

• Reassesment of the emigrant: from traitor to hero (dual

citizenship, voting abroad).

• Many undocumented.
• Reassesment of regional integration.
• Demands of better treatment addressed to EU and

USA.

• Restrictive laws unconfortably coexisting with new

Constitutions.

MI MIGR GRATION TION GO GOVER ERNANC ANCE

• Norms, rules, principles and decision-making

procedures that regulate the behaviour of the States.

• States, IOs, NGOs, Courts, Academics,

Unions, Bussinesses, Civil Society, Media.

Agenda Setting Consensus Building Law-Policy change Interpretation- Implementation

Migration Governance

International

• IACHR. ACHR.
• ICMW.
• ILO.

Regional

• MERCOSUR. Residence Agreement; Andean Community. Decision 545.
• South American Conference on Migration (IOM). Agenda Setting and Consensus Building.
• UNASUR. South American Citizenship; Pacific Alliance. Free movement of workers; CELAC,

CARICOM.

National

• Implementation.
• New Laws. AR, UR, BO, EC, PE, BR and CH, PA. But CO and VE.
• Actors.

Emerging principles at all levels

• Non-criminalisation of irregular migration
• Right to migrate as a fundamental right and

equal treatment.

• Open borders and universal citizenship.

EU-South America

• Who can move?

– Self-sufficient or working.

• Rights

– Limited social rights.

• Expulsion

– Serious threat.

• Enforcement

– Commission and CJEU.

• Who can move?

– Everyone first two years, but clean criminal

• record. Back to irregular.
• Rights

– Socio-economic equal treatment.

• Expulsion

– Unregulated.

• Enforcement.

– National Courts mostly.

Challenges

• Dr. Diego Acosta

Thank you!

Questions and Comments

Dr Diego Acosta d.acosta@bristol.ac.uk Twitter: @dacostalaw www.diegoacosta.eu