miércoles, 3 de septiembre de 2014

How Does Argentina Define MIgrants?



As I have been explaining in previous posts on how each actor defines and/or builds the concept of migrant differently. What happens in the case of Argentina how does this country define migrants? It’s done through its legislation, Law nº 25,871, called the Migratory Law, also known as Giustiniani’s Law. It points out that immigrant is" any foreigners wishing to enter, travel, reside or settle final, temporary, or temporarily in the country under current law" (law 25,871; Art.2). Almost all of its 126 articles refer or are relative to immigration; only three articles explicitly refer to Argentines who emigrated abroad. So the Law does not explicitly define migrant and make little reference to emigration. Referring to the second point, as a country we can only conceive people coming, and have a really hard time accepting people leaving and it’s reflected in our Law, we can’t affront this particular situation, it’s a type of denial.  
On another hand I must add something important that is often forgotten when one talks about migration, which in addition to the right to settle, there is implicitly the right to travel within MERCOSUR nations. There is no point to settle if it cannot enter the country in the first place. With the new legislature redefines its borders trying to maximize transits, allowing the entry and exit of people, and in the case of Argentina there is no need  to have what we call a permiso de ingreso or more commonly known as a visa if you are a native of any of MERCOSUR or associate countries.
As it was already explained above, it’s a fact that migrants must cross a border, or several of them to reach their destination, in the area of MERCOSUR ''the democratization of countries in the region and the policies of a advancing integration process, has produced an evolution in the concept of international border "(Vichich, 2005), Argentina has abandoned, thus, the concept of the eventual conflict with its neighbors. Enter a new logic of cooperation between parties and partners of MERCOSUR. The symbolic value of the border that it is a point that divides and separates two States is redefined as a place that binds and joins.  

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