Migration And Child Labor In Chile

Migration and child labor in Chile

Introduction

Migration has always occurred throughout the world, where the entire family group makes the decision to go to a new country in order to improve its quality of life, economic situation or because of their country of origin there is some social, political or poverty conflict of this.

In our country, the situation has not been different, since we can remember that, in the mid -nineteenth century, German, Austrian and Hungarian immigrants arrived with their complete families and of which they became about six thousand people in total in total And where the vast majority settled in southern Chile.

Today, the situation is much more dramatic than at that time, for all the innumerable wars that exist in some countries, social and political conflicts, natural disasters, violence among others, and that take a long time and what is even worse, The rulers on duty cannot solve the problems raised, forcing the population to move to another country. In addition, the obstacles countries that do not want to receive and give asylum to migrants for other consequences that this entails that this entails are added.

The great challenges that developed countries have is to achieve a complete integration of migrants, through a pact that was received by UN member countries but unfortunately many of them have been unmarked in such agreement, such is the case of states United, who is against illegal migrants and tries to expel them using all their legal resources to comply with what is stipulated by its president.

In Chile, we can mention that migration has increased considerably in South America and Center, because there are no hard policies against immigration and our country is considered economically stable and there are sources of work for anyone who needs it.

In the following essay we will address the migration of the NNA with a deep relationship in labor work, taking into account the statistics presented by the Chilean Interior Ministry and the Government’s efforts to deal with this problem and be able to collaborate in the integration of these minors.

How faces migration and child labor in Chile, considering the rights of children and adolescents?

In recent years, migration has increased not only in Latin America, but worldwide. Although motivated for different reasons, they all resemble that migrants seek a better quality of life. However, many times they are exposed to discrimination, in addition to irregularly entering a country, this exposes them to great vulnerability, in the case of adolescent children (NNA) it is worrying since they should not only confront the Discrimination, but they are also minors and depend on the care of other people so that they do not suffer abuse, it is here that human rights play a very important role and one of the fundamental characteristics of these rights is that they are "universal". With universal expression, at least three things are tried to indicate: 

a) That every human person, for the mere fact of being such, is the holder of those rights recognized as humans; 

b) that those recognized rights are opposable against any other person and institution, constituting the basic moral framework that regulates the structures and practices of political life and; 

c) That human rights are universally recognized and accepted, at least in ideal and abstract terms, for almost all peoples and states.

This work will talk about migration, typology of NNA migrants, mentioning that there are three types of migrants: who are part of a family migration (with their parents or caregivers), independent or not accompanied migrants and non -nna that stay in their country of origin while their parents migrate (UNICEF, 2016). The risk of child labor in Chile, the rights of children and adolescents, and possible solutions.

Migration

Migration consists in the displacement of a person or a group of people, either through an international border (international migration), either within the territory of a state (internal migration). Migration is a phenomenon that responds to human need, just like many more, such as work, social security, etc. Sometimes respond to emergency needs. Migration is the escape of a luck that seems even worse. Thus, some migrations are actions imposed by the migrant force, it has no real choice and the only alternative can be death and, at the other extreme, it can be a free choice of their residence home by the person emigrants.

Family migration

Most of the NNA migrations, at a global level, corresponds to family migrations or cases in which they have caregivers (uncles, friends or other family). In Chile the migrant population has increased according to the Department of Immigration and Migration (DEM) arriving A441.529 people, which means that they arrive from different countries in search of a better possibility for their personal and family development, mostly from, from Peru, Argentina, Colombia, Ecuador and to a lesser extent from Brazil, Dominican Republic, Haiti, Haiti, among others. In the study of “The rights of children and adolescents and migrants, refugees and victims of international trafficking in Chile (UNICEF-ACNUR-OIM, Santiago 2012) it is proposed that these families can be exposed at a higher risk of vulnerability:“ The Migrants often ignore the laws and language of the receiving country and several times they must face the open hostility by the population, including the authorities. This situation is particularly serious in the case of undocumented immigrants or in irregular immigration situation. A tension is generated between the rights that should be insured for the NNA, and the migratory status of the parents, since education, housing and other basic rights to the regularization of the legal status of the former (ILO, 2013: 24: 24 )) These difficulties for access to basic services (light, water), health and education networks for its members, resolve the housing system, the job search process, or adapt to jobs with poor conditions, to this is added stressors emotional and social, adapt to the distancing of family and friends etc. In Chile to avoid this situation they have taken a series of measures that aim to ensure the rights of children.

Unaccompanied/independent migration

According to General Observation No. 6 of the Child’s Law Committee, specifically referred to the NNA not accompanied and separated from their family, outside their country of origin, children are understood as children who are separated from both parents and other relatives and are not in the care of an adult, who, by law or custom, corresponds to that responsibility . Likewise, the general observation indicates that “separate children are understood, in the sense of article 1 of the Convention, the minors separate from both parents or their legal or common tutors but not necessarily other relatives. This situation occurs irregularly, since the legal framework, which norms the age limits and working conditions for minors, is quite strict in most countries, in this way, this migration occurs in adolescents, that travel without documents, passport or are not registered at birth, which translates to that they are held in detention centers, which do not have the minimum health conditions. Half of NNA disappears or remains in adult dependencies that sometimes exploit them, thus become very vulnerable children relating them to smuggling and trafficking.

Children who stay in the country of origin while their parents migrate

In some cases it is considered that migration helps improve the future living conditions of the NNA, since the remittances generated by parents’ work allow to facilitate access to better services, even produce savings capacity, to later invest them. However, school abandonment is also evidence.

Child labor in Chile

At present, the migration concept exercises an essential role to increase the processes of demographic increase, since it is closely linked to the economy, increased human capital and social-economic stratification, better known as classes.

However, there is little regularization in the post of the security of those who make the decision to emigrate, being striking this point, since different documents refer to the global increase of migrant children . Which are placed at risk or in a situation of child labor, being clearly violated their fundamental rights.

The theme dedicated to migrant childhood and its corresponding link with child labor is an issue that needs a huge analysis where vulnerabilities, needs and eventual risks are identified in order to offer a real projection, so that each country can give a space on the prevention and elimination agenda of child labor so that social protection means grant policy priorities in coherence with the specificity of related problems with their migratory profile. In relation to the previous point, it is worth mentioning that one of the agreements around the "migrant childhood" is the exhibition of the conflict of the "lagoons" within the establishment of international human rights models and childhood.

It is important to conceive the superior good of the child, within which the right to be protected and to family reunification is imminent, where what is cited by UNICEF is really embodied in 2012:

Problem of minor migrant in Chile

With respect to Chilean legislation on migration, we find that these policies are quite ancient and that they have practically not suffered any type of modification in recent years. In addition, we can mention that these laws were established with the purpose of regulating the income, residence and controls of entries and exits of our country, but that unfortunately they lack norms or laws of protection towards migrants. While the Chilean government has made an effort to integrate migrants and minors, it has not been enough, since there is no focused monitoring of its current plans and regulations regarding the exposed matter. Some of the regulations applied today in our country and that refer to minors, we can mention the most important:

• Facilitate access to the health of migrant children and adolescents.
• Facilitate access to the education of migrant children and adolescents.
• Protection of migrant children and adolescents.

It should be able to The only requirement to present a legalized birth certificate in Chile, and without taking into account the legal situation of parents or guardians. This visa is intended for the final permanence for the minor. However, in the face of the problem of migrant minors in labor matters, we find the low legislation by our country. Faced with this, we can say that minors, given the condition of poverty in which the family group is, take responsibility for looking for work to collaborate in the family economy. This situation exposes minors to violations and to be exploited in works which require a high level of physical effort. Among these we can mention the sale in family businesses, cargo and download of trucks, sale of street handicrafts, assistants in small construction, seasonal domestic works, agricultural temporary and fishing, animal grazing, agricultural work. In addition, in the worst cases, children are used as "burreros" for drug trafficking, sexual exploitation and human trafficking.

For its part, the Chilean Government takes commitment and participates internationally with the ILO on prohibition and elimination of the worst forms of child labor, within the country creates a National Committee for the Prevention and Progressive Eradication of Child Labor (1996). However, this is not yet efficient in its application of current regulations, since there is not enough inspection and penalties are not extremely hard for people who violate the law and who commit these abuses towards minors. In addition, all laws in force regarding this matter are generally applied to the entire population of minors who work and not specifically towards migrant minors.

Possible protection and cooperation measures for migrant minors and their families.

The Chilean government should focus all its efforts on legislating and promoting regulations for migrants and their families opt for education and, above all, enforcing their laws through inspections.

Creation of a specialized government department regarding migration and protection of migrant minors, to integrate and insert them into the labor market and bring them closer to education. The main element for integration is education, therefore, the government should expand the quotas for cradle rooms and kindergartens, since this favors early linguistic development of minors, especially those that come from Haitian nationality.

In addition, this department should provide Spanish courses for these migrants, since they are a considerable number of migrants in our country and which hinders them greatly to find work because they do not understand our language.

Another important function would be to inform migrants and facilitate access to work visas for those who have professional titles in order to improve their job insertion in our country.

Considering that there are minors who work, it would be essential and give up urgency to facilitate access to work visas for these minors, so that they can be formally hired and in accordance with the law, giving support to companies, in such a way to urge them to increase its places to encourage work diversity.

Another aspect in which the government fails is in the delivery of benefits, since there is a minimal advertising of these so that families can opt for these resources, so it is necessary to spread and disseminate the benefits and In this case, to reach migrants and minors with their families.

conclusion

All countries in the world want to promulgate laws to control migration, but this has great difficulty in arbitrating these policies, the number of people circulating in different parts of the world will not decrease in the near future, rather it will increase, Chile is a clear Example that migrants have increased over the years, who come from different places to our country looking for better life opportunities for them and their families

These changes have forced to seek as a country improvements in our laws to include and protect in the best way those who have chosen our nation as a better place to develop. Migrants are often exposed to discrimination and vulnerability mainly if they talk about (NNA) who must be protected so that these abuses do not suffer.

As a country, we are indebted to our minors and migrants, you must improve the way of monitoring those who are at risk, for this there must be Chilean laws which are fulfilled by doing the relevant audits. Unfortunately today with the health situation we are living, it will be very unlikely to legislate urgently on this matter.