Estándares normativos de protección de los trabajadores migrantes aplicados por la Organización Internacional del Trabajo, el Sistema Interamericano de Derechos Humanos y el modelo migratorio en Argentina y Perú como elementos para la construcción de una política migratoria en Colombia.

Abstract

In Colombia there are other types of permits or authorizations to remain in the national territory that were created due to the crisis of Venezuelan migrants, such as: the Entry and Permanence Permit (PIP), which is valid for 90 days and can be extended for another 90 additional days when you are a tourist; Temporary Transit Entry and Permanence Permit (PIP-TT), is granted for a term of 15 calendar days without the right to extension; Border Mobility Card (TMF), is granted to Venezuelan citizens through which the entry and transit through delimited areas on the Colombian border are authorized for a period of 2 years; Recognition of refugee status is valid for 3 months, extendable or until a refugee status decision is made; The visa can be requested when the refugee application is approved and is granted by the Ministry of Foreign Affairs to a foreign person to enter and remain in the national territory for a time. Although these permits exist, there are still difficulties when hiring Venezuelan citizens, because they still do not have other documents necessary to exercise their profession such as the validation and homologation of their academic degrees and the accreditation of their work experience are a barrier. To access a job and in other cases, those who achieve a job relationship do so informally or in precarious conditions due to the absence of social security and exploitation at work, sometimes receiving less than a minimum wage. In this sense, the insufficiency of normative postulates that regulate migration in the world and the legal situation of irregularity of this population is not only reflected in Colombia but also globally, by the simple fact of not having the permits to reside or work. in the territory to which they migrated. This is how irregularity dominates the migration panorama and reduces rights and freedoms in terms of displacement from one territory to another, with irregular migrants being a vulnerable group in the face of public administration and access to justice. With the purpose of overcoming the difficulties mentioned above, regarding the legal treatment of migrants essentially in the labor issue in Colombia, this document reviewed the normative standards for the protection of migrant workers applied by the International Labor Organization (ILO) and Likewise, the Inter-American Human Rights System (SIDH) will carry out a review of the migratory model in Argentina and Peru together with the analysis of a sentence in each country to identify internal guidelines and principles on migration matters that guide the construction and guide a migration policy in Colombia. Thus, the doubt that inspired the development of this research took the form of the following research question, What international normative standards for the protection of migrant workers should be taken into account for the construction of a migration policy in Colombia? In order to achieve this, a generic objective was set, and a series of specific objectives. Regarding the generic objective, normative standards for the protection of migrant workers applied by the ILO, the SIDH and the migratory model in Argentina and Peru were reviewed, in order to identify guidelines and principles that specifically guide the construction of a migration policy in Colombia. Regarding the specific objectives, firstly, the definition, classification and normative standards for the protection of migrant workers applied by the International Labor Organization and the Inter-American Human Rights System were analyzed; second, the normative model of the right to work of migrants in Argentina and Peru was reviewed together with the analysis of a judicial case to identify internal guidelines and principles on migration matters to guide the construction of a migration policy in Colombia; Third, a proposal was developed to incorporate the labor migration standards of the International Labor Organization and the Inter-American Human Rights System in the process of guiding the construction of a migration policy in Colombia