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VII. Regional Agreements

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VII. Regional Agreements

In this section, users will be able to find the most relevant commitments that have been promoted in the region in terms of regulatory and normative frameworks for migration governance and integration.

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MERCOSUR

Acuerdo sobre residencia del MERCOSUR, Estado Plurinacional de Bolivia y Chile. Refiere a buenas practicas para la integración (Agreement on residence in MERCOSUR, Plurinational State of Bolivia and Chile - Refers to good integration practices

The purpose of the MERCOSUR residence agreement is to make migration more flexible and improve conditions within the region. It entered into force in 2009 and is currently applicable in Argentina, the Plurinational State of Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru and Uruguay.

With this agreement, nationals of the member countries are allowed free transit and the possibility of working, studying and investing, temporarily (2 years), or permanently, if they meet the requirements. The following rights are also envisaged:

  • Equal civil rights and social, cultural and economic freedoms to those of the nationals of the host country. This includes the right to work, the right to petition before the authorities, the right to enter and leave the territory of the Parties, and freedom of worship.
  • Family reunion
  • Same treatment afforded to nationals in terms of labour legislation, particularly with regard to remuneration, working conditions and social security.
  • Commitment between the States to enter into reciprocity agreements in pension matters (social security).
  • Right to transfer remittances to the country of origin.
  • Right of children born in the country of destination to have a name, to be registered in the civil registry of the country of birth and to acquire at least one nationality pursuant to the legislation of the States with which there is a link; they also have the right to access education on an equal footing to nationals of the host country.

Acuerdo Multilateral de Seguridad Social del MERCOSUR (MERCOSUR Multilateral Social Security Agreement)

It recognizes the social security rights of workers who render or have rendered services in any of the States Parties, acknowledging that they have the same rights and are subject to the same obligations as nationals of the States Parties. The worker shall be subject to the legislation of the State Party in whose country he/she works.

Social Security – MERCOSUR

Declaración Sociolaboral del MERCOSUR (MERCOSUR Social and Labour Declaration)

It is a declaration adopted by MERCOSUR in 1998, which includes work-related principles and rights. It seeks to ensure equal employment rights, treatment and opportunities without distinction based on national origin, race, colour, sex or sexual orientation, age, creed, political opinion or any other reason. It seeks to respond to the need of spelling out general guidelines for drafting migration policies, although it is not binding.

MERCOSUR Social and Labour Declaration

Estatuto de Ciudadanía del MERCOSUR (MERCOSUR Citizenship Statute)

It is an action plan aimed at having a policy for the free movement of people in the region; equal rights and civil, social, cultural and economic freedoms for nationals of the MERCOSUR Member States and equal conditions for accessing employment, health and education.

Mercosur Citizenship Statute

 

UNASUR

UNASUR - Refers to good integration practices

The Union of South American Nations (UNASUR) is a regional bloc made up of twelve countries: Argentina, Brazil, the Plurinational State of Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and the Bolivarian Republic of Venezuela. It is a setting for political dialogue and consensus in Latin America.

Although within the framework of UNASUR, no binding agreements or regulations have been issued for the States parties since its creation it has positioned itself and promoted the creation of South American Citizenship. Article 3 of the  UNASUR Articles of Association establishes "The consolidation of a South American identity through the progressive recognition of rights to the nationals of a Member State residing in any of the other Member States, with a view to achieving South American citizenship."

In line with this purpose of regional citizenship, UNASUR and MERCOSUR promote regional integration measures. The long-term objective of these efforts is to facilitate the movement of people in the region, simplifying as much as possible the migration and labour formalities between South American states. Despite progress made, such as the MERCOSUR Residence Agreement, South American Citizenship is not yet a reality.