MIGRATION

INTRACOMMUNITY MIGRATION

The Andean countries have decided to work together to ensure that their inhabitants can move freely throughout the subregion, whether for tourism or work or for other purposes involving a change in their customary place of residence.  

I.         Temporary or short-term migration

The Council of Foreign Ministers has issued a series of Community Decisions in recent years aimed at guaranteeing the freedom of movement of people within the territories of the Member Countries. 

• Decision 503 was approved in June 2001, recognizing the possession of a national identification document as the only requirement for tourist travel through the subregion by national and foreign residents of the Member Countries.
• CAN General Secretariat Resolution 527 of September 2007 recognized the Andean Migration card (TAM) as the compulsory standardized immigration and statistical control document for entering and leaving the territories of the Member Countries.   

II.        Permanent or long-term migration

• The Andean Labor Migration Instrument was adopted in June 2003 through Decision 545.  It provides for the progressive and gradual movement of Andean nationals throughout the Subregion for dependent job purposes under conditions of equal treatment and opportunities. The regulations for this instrument have not yet been approved.     
• Decision 583 of May 2005 established the Andean Social Security Instrument, which is aimed at guaranteeing the appropriate social protection of migrant workers and their beneficiaries, so that their working rights are not impaired as a result of their migratory status.  On that same date, the Andean Occupational Safety and Health Instrument was created through Decision 584. Although regulations have not been adopted for Decision 583, they have for Decision 584.    
• Furthermore, through Decisions 399, 439, 510 and other related decisions, the CAN Member Countries guarantee the movement of employees of service companies and of crews of transport firms.

EXTRACOMMUNITY MIGRATION

Community action regarding migration to third countries centers mainly on giving migrants maximum protection and assistance in the territories of those third countries. 

The countries have made important efforts to improve the identification of their nationals and contribute to cross-border safety by perfecting the management of their public registries and personal identification records.    

• A significant step was taken in this direction with the approval of  Decisions 504 creating the Andean Passport and 525, which establishes “the  Andean passport’s Specific minimum technical nomenclature and security characteristics” that incorporate the recommendations made by the International Civil Aviation Organization (ICAO).
• The Common Foreign Policy formalized by the Andean Council of Foreign Ministers provides for the adoption of common positions in specialized international forums.  A starting point is the working document advanced in past years by the Andean Community General Secretariat on the Guidelines for the Andean Community Common Foreign Policy on Migration.    
• Through Decision 548, the Andean Cooperation Mechanism on Consular Assistance and Protection and Migratory Matters was adopted in 2003.  This instrument stipulates that any national of an Andean Community Member Country who is within the territory of a third State where his/her country of origin has no Diplomatic or Consular Representation, may avail him or herself of the protection of the diplomatic or consular officials of any other Member Country.  This instrument has yet to be fully implemented.    
• An effort is being made in the CAN-EU negotiations to include migration in the political pillar of the Association Agreement.  Only “illegal migration” is mentioned in the Political Dialogue and Cooperation Agreement of 2003.  The Andean proposal refers to the importance of migration for the development of the States Parties to the Association Agreement, to the promotion and protection of human rights --regardless of migratory status--, the elimination of discrimination, xenophobia and exclusion, social and cultural integration, the facilitation of the sending of remittances, the fight against trafficking in human beings, and, among other matters, the fight against illegal immigration.