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Third Ministerial Meeting on the Los Angeles Declaration on Migration and Protection in Guatemala

Thaís Caroline A. Lacerda | 29/05/2024 22:03 | Analyses
IMG Office of the President of the United States

Nearly two years ago, in response to the historic challenge of migration and forced displacement, declaring that “no nation should shoulder this responsibility alone”, current U.S. President Joe Biden introduced the Los Angeles Declaration on Migration and Protection, which was signed with more than twenty leaders of countries committed to the observance of human rights and the safety and dignity of migrants, refugees, and asylum seekers, during the 9th edition of the Summit of the Americas (SOAS) held in June 2022.


The signatory countries of the Los Angeles Declaration committed to regionally coordinate migration management to provide efficient care and protection to refugees and migrants. To lead this process, each country has designated Special Coordinators at the principal or higher level. At the inaugural meeting of these coordinators in Washington D.C., eleven areas of action, called "action packages," were identified, and align with the four pillars of the declaration: (1) “Promoting Regular Pathways for Migration”; (2) “Promoting Stability and Assistance for Communities of Destination, Origin, Transit and Return”; (3) “Promoting Humane Migration Management” and (4) “Promoting a Coordinated Emergency Response”. Signatory countries have volunteered to lead specific committees tasked with developing and delivering on shared policy commitments, known as Action Package Committees.


The Summit of the Americas was established by former President Bill Clinton in 1994 to bring together the countries of the Western Hemisphere, with the exception of Cuba, to discuss trade, immigration, and democracy. In the early 1990s, the Western world was experiencing a period of great promise. With the collapse of the Soviet Union, the Cold War, which for decades dominated and shaped global politics, came to an end. Simultaneously, many wars in Central America ceased, and some of South America’s most brutal military dictatorships, including in Argentina, Chile, and Brazil, as well. At this summit, an important milestone was that all participating governments were democratically elected, indicating significant progress in the region.


Among the main points of discussion of the document are: 1) Signature and Commitments: The declaration is not legally binding, which raised some doubts about the effectiveness of the commitments, as it could lead to unfulfilled promises and empty rhetoric; 2) Financial Assistance: The United States has committed to contribute $314 million in additional funding for humanitarian and development assistance to refugees and other vulnerable migrants, as well as to create a $65 million pilot program to support farmers who hire temporary workers under the H-2A program. Canada has also committed to investing $26.9 million in migration and protection-related capacities; 3) Evictions and Humanitarian Assistance: The declaration committed to carry out removals of migrants in accordance with international human rights law and to provide coordinated humanitarian assistance in situations of mass migration; 4) Regular Pathways and Asylum Processing: The United States has also committed to resettling 20,000 refugees from the Americas in fiscal years 2023 and 2024. In addition, they will continue with a process already initiated to expedite the examination of asylum claims made by migrants who demonstrate a legitimate fear of persecution in rapid removal procedures. In this last item, however, it is visible that there are still significant challenges in the immigration system, such as long and delayed processes, in addition to the existence of numerouspending cases in the new asylum process, the "U.S. Citizenship and Immigration Services" (USCIS), and in the immigration courts.


On May 6-7, 2024, representatives of governments from the Western Hemisphere met in Guatemala to discuss the implementation of the Los Angeles Declaration signed nearly two years earlier. On May 7, the “3rd Ministerial Meeting of the Los Angeles Declaration” began with foreign ministers and senior representatives from 21 endorsing countries. Secretary of State Antony Blinken led the U.S. delegation alongside other senior officials. From that meeting, a brochure of the White House was published to describe the new announcements and those considered successes in the endeavors since the signing of the declaration two years ago. Among all the new announcements, some of them include Secretary Blinken's announcement of $578 million in "humanitarian, economic, and development assistance to support partner countries and host communities, responding to urgent humanitarian needs, expanding legal pathways, and supporting the regularization and integration of migrants," and law enforcement partnerships to halt irregular migration.  including increased consequences for smuggling networks.


In order to present progress on their commitments, the sponsoring countries also announced new initiatives under the Los Angeles Declaration. Some of them are listed below.


New Initiatives and Progress under the Los Angeles Declaration

Acting Under Secretary of Homeland Security Kristie Canegallo announced on May 6 of this year, the “Labor Mobility Allianceof the Americas, an initiative to connect labor supply and demand in the countries of the Americas. The announcement took place during the “Meeting on Labor Migration and Regional Development” event in Guatemala, as a prelude to the ministerial meeting of the Los Angeles declaration. According to USAID’s Michael Camilleri, the initiative aims to facilitate the connection between countries with excess workers who want to work abroad and those with labor shortages. He pointed out that, based on the positive experience with Central America over the past three years, it is hoped to expand the model to other nations. With no need for new legislation, the project can begin immediately using the existing programmatic and diplomatic capacities of USAID, the White House, and the State Department. Some funds may be required, subject to notification to Congress. Although there is no precision in the figures, it aims to meet the goal of tripling the number of Guatemalan temporary workers. The expansion of visa categories will be important to increase the number of beneficiaries, as the initiative is part of the United States' commitment, under the Los Angeles Declaration, to provide $314 million in humanitarian and other aid through USAID and the Regional Migration Program (PRM).


Another noteworthy arrangement took place during the ministerial meeting for the Los Angeles Declaration, in which the Pan American Development Foundation (PADF) and the Center for Engagement and Advocacy in the Americas (CEDA) organized an inclusive dialogue in Guatemala City. This event brought together representatives of civil society, government officials, and international organizations to assess the progress of the Los Angeles Declaration since its launch in June 2022 and identify measures to include civil society in policymaking and implementation. The meeting took place on May 6 and more than 25 civil society leaders from 13 of the 22 signatory countries discussed crucial issues such as the integration and resettlement of refugees, family reunification and labour mobility. Representatives of migration response coalitions, religious networks, and leaders of the Venezuelan, Nicaraguan, and Haitian diasporas also participated. Guatemalan Vice President Karin Herrera, Vice Foreign Minister Eduardo Antonio Escobero, UN High Commissioner Filippo Grandi, and U.S. Assistant Secretary of State for Population, Refugees and Migration Julieta Valls Noyes highlighted the importance of civil society as a partner in the goals of the Los Angeles Declaration.


The event resulted in four key conclusions, presented to foreign ministers in a private session ahead of the Ministerial Meeting on 7 May 2024: 1) Establish a dedicated technical secretariat to coordinate and implement the objectives of the Los Angeles Declaration by the end of 2024, incorporating civil society into its formal framework; 2) Organize a regional meeting between the 22 special coordinators of the Los Angeles Declaration and civil society by October 2024 to develop a joint work plan, strengthening civil society involvement in the implementation of the Declaration; 3) Create a formal mechanism to monitor the progress of the Declaration through quantitative and qualitative indicators, allowing civil society to hold States accountable, and 4) Reactivate Pillar IV, focused on promoting a coordinated emergency response to crises, which has received no commitments since the launch of the Los Angeles Declaration.


During a ministerial meeting for the Los Angeles Declaration, various efforts by different countries to address migration and labor shortages were highlighted. In this context, the White House fact sheet notes that Mexico has announced the issuance of more than 17,500 temporary visas since 2022 for people seeking international protection and has launched a pilot program to provide employment opportunities to Haitian migrants in collaboration with the Embassy of Haiti, the International Organization for Migration, and the Tent Partnership for Refugees. Ecuador is facilitating a new regularization program, allowing registered migrants to complete the process to obtain a temporary resident visa, and more migrants will be able to apply for temporary visas.


Costa Rica intends to resume the Temporary Special Category (CET), a migratory regularization mechanism for Nicaraguans, Cubans, and Venezuelans, if it receives international cooperation to deal with migratory flows. According to Costa Rican Foreign Minister Arnoldo André Tinoco, the CET was implemented to promote the regularization of people of these nationalities, who represent the majority of refugee applications in thecountry.


The CET was open from February 2023 to February 2024 for refugee applicants from Nicaragua, Venezuela, and Cuba who do not have sufficient evidence of persecution. The program has allowed the regularization of more than 6,000 Nicaraguans and received more than 10,500 requests in the period. CET beneficiaries obtain a free work permit and the document is valid for two years, renewable unlimitedly. Along with Guatemala, Costa Rica has also expanded the list of nationalities that can access Safe Mobility Offices in their countries. The United States reiterated its commitment to work with partners to establish a permanent regional Secretariat to ensure coordinated progress on the Los Angeles Declaration.


There is also reference to a trilateral meeting between Mexico, the United States and Guatemala, in which Mexican Foreign Minister Alicia Bárcena said that the three countries agreed to improve border security and address the causes of irregular migration. Bárcena highlighted the interest in protecting the border against human trafficking and improving the infrastructure of border crossings. In addition, she emphasized the importance of creating conditions for Mexican and U.S. companies to recruit labor in Guatemala. She also mentioned an agreement signed with Guatemala and Honduras to share consular services in the United States, with a view to improving service to citizens of these countries.


In the same context, on May 7 in Guatemala, a memorandum of understanding was signed between Mexico, Honduras, and Guatemala on Cooperation, Protection, and Consular Assistance to Migrant Communities. Alicia Bárcena signed the agreement along with Enrique Reina of Honduras and Carlos Ramiro Martínez of Guatemala. The memorandum aims to allow the three countries to share best practices and create synergies to provide assistance and protection to their compatriots through their consular offices, mainly in the United States and Canada, but also in other regions of the world. The main objective is the defense and promotion of the human rights of migrants through information dissemination events, integration, socialization and employee training activities.


Bárcena announced during the ministerial meeting of the Los Angeles Declaration that Mexico, together with Colombia and with the support of the International Organization for Migration, will host a meeting in Mexico City to discuss the world of work and its relationship with the private sector and to develop a new route for labor mobility in the Americas. She stressed the importance of viewing migrants as people on the job and not as criminals, advocating for safe, orderly and regular migration. In addition, Bárcena also announced that the Mexican government has invested $133 million to address the root causes of migration in six Central American countries and countries of return such as Venezuela, Cuba, Haiti, Guatemala, Honduras, and El Salvador. The Mexican foreign minister emphasized the importance of addressing the structural causes of migration, such as poverty, inequality, climate change and violence. She also mentioned the need to eliminate unilateral coercive measures that harm the livelihoods of the populations of these countries and Mexico's responsibility in coordinating the labor mobility committee, which mapped 31 labor mobility mechanisms on the continent. She also pointed out that Mexico has committed to employ 20,000 migrants in three years and that, in less than two years, it has already employed more than 17,000 refugees through the Local Integration Program, implemented in partnership with UNHCR and the Mexican Commission for Refugee Aid.


Another noteworthy initiative is from Trinidad and Tobago, which hosted a regional workshop on disaster displacement, risk reduction, and human security organized by the Organization of Eastern Caribbean States (OECS). Trinidad and Tobago's Minister of National Security, Fitzgerald Hinds, identified three main challenges facing the country: lack of productivity, widespread corruption, and social disorder. He highlighted these points during the opening of the workshop, emphasizing the importance of the event for disaster preparedness, risk reduction, and human security. Hinds stressed the need for collective evacuation and security measures to address crises, especially in small island states vulnerable to natural disasters, which have much greater impacts than in developed countries. He mentioned past events, such as Hurricane Irma and the volcanic eruption in St. Vincent and the Grenadines, which resulted in significant displacement and profound impacts on communities.


Finally, Trinidad and Tobago's commitment to integrating human mobility into national climate change adaptation and risk reduction policies was highlighted. The minister spoke about the development of a cross-border evacuation program and the importance of a registration framework for Venezuelan migrants, as well as collaboration with international organizations to provide humanitarian assistance. The workshop speakers, Minister Hinds and Dr. Natasha Mortley, OEC Strategic Advisor, reinforced the urgency of collectively addressing the recurring threats that hinder regional development and to take a proactive approach to create a resilient and secure future for the Caribbean.


Translating Principles into Action

The 3rd Ministerial Meeting of the Los Angeles Declaration aimed to assess progress and set a practical agenda for the coming year, with a focus on managing migration in a coordinated, consistent and effective manner, promoting safe and regular pathways to mobility.


The meeting took place in a context of a dramatic increase in migration in the Americas, especially due to crises in countries such as Venezuela, Haiti and Nicaragua. In addition, there has been a significant increase in the number of migrants arriving at the U.S. border, many of them from outside Central America, through the dangerous Darién jungle.


Some main factors explain this change, such as displacement due to environmental and climate crises, as well as war, persecution, violence and human rights violations. Many governments are redefining their migration policies and developing institutional capacities to deal with these changes, including granting humanitarian protection and adjusting visa and asylum policies. Demographic changes have also contributed to the rise in unauthorized migration, as aging populations in some countries generate tight labor markets that attract foreign workers, perhaps the biggest driver of migration to the United States. Finally, border management systems, including asylum systems, have become quite overwhelmed by the increasing number of arrivals who often find it difficult to make distinctions between those seeking entry to seek protection or other help and those who should be repatriated.


On this issue, months after the landmark Los Angeles declaration, some problematic points were identified, such as the possible insufficiency of the financial and operational commitments made by countries to deal with the current migratory flows, the high demand for visa and asylum applications that overwhelm the current systems and that, after the declaration, could encourage more applications and even greater delays in the processes. That is, at that time, despite the fact that the Los Angeles declaration presented a significant regional effort to address migration, it faced criticism about its implementation and effectiveness, as well as practical challenges in the immigration systems of the signatory countries.


In the Mexican context, Bárcena recalled that Mexico received 2.5 million migrants in 2023 and, in light of this, outlined the country's immigration strategy, centered on four pillars: addressing the structural causes of migration, promoting regular labor mobility routes, better managing irregular migration, and protecting Mexican communities abroad. She pointed out that there are about 37 million Mexicans in the United States, of whom five million are undocumented.


Also during the ministerial meeting, Minister André Arnoldo Tinoco emphasized the challenges faced by Costa Rica due to the increase in migratory flows and called for greater international cooperation. He highlighted the need for international support to continue offering assistance to migrants and asylum seekers crossing the country, which is also a major route for migrants from South America passing through the Darién jungle towards North America.


In short, during the meeting in Guatemala, important announcements were made, as we sought to highlight, and parallel meetings were held to address the four principles of the Los Angeles Declaration. The discussions aimed to result in an agenda of practical actions for the coming year, including the development of financial instruments for the integration of displaced persons, measurement of progress in integration, expansion of mobility routes, combating smuggling and effective migration controls. The next ministerial meeting, scheduled for a year from now, will assess the practical progress made.


The various initiatives related to migration and protection have sought to reflect the principles of the Los Angeles Declaration, even if they do not take place directly under its aegis, due to the existence of other important mechanisms of cooperation in the hemisphere. Examples include: a) Mexico and Colombia: Together with the International Organization for Migration (IOM), they announced a joint effort to establish regular mobility routes, starting with a meeting in June of this year; b) Chile and UNHCR: Emphasized the Cartagena+40 Process, focused on humanitarian protection policies for refugees in Latin America and the Caribbean; c) Ecuador and the World Bank: Launched an ambitious project to rethink international cooperation and development financing for displaced populations and host communities, and d) Caribbean countries: Highlighted ongoing negotiations to enhance mobility among CARICOM countries, with a view to creating a flexible agreement for skillsmobility.


While regional cooperation is vital, the Migration Policy Institute stresses that it is no substitute for the need for fair, consistent and effective domestic policies on immigration and displacement. With the dramatic increase in cross-border mobility in the Americas, cooperation becomes essential to ensure that people can move through safe, orderly, and regular channels, making migration an option rather than a necessity. 


It is important to note that at the current juncture, migration is a central theme in the United States presidential election, especially with the record of more than 2.4 million migrant apprehensions at the U.S. southern border in fiscal year 2023, a record number. Based on the election results, due to the great influence of the United States on migration policies in the hemisphere, these coordinated arrangements that seek practical results to the problems resulting from systemic processes can suffer great impacts on their structure and progress. Careful observation is necessary.  

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