Migration Policy and Social Protection in Chile: Progress and unresolved issues in the migratory regulation

The migration phenomenon has historically developed according to the search of people to meet their needs and find greater welfare in their lives, in addition to the influence of a number of factors including social stability, economic and political of their own countries. This means, that people react to a change in their environment to advance for better working conditions and education, according to which society should control and worry permanently. Currently, the migratory policy in Chile gives tools for equality between chileans and immigrants in access to basic services, and therefore, in ensuring their human rights. In this sense, we use the concept of social security given by the ILO: 'is the protection that society provides to their members, through a series of public measures against economic and social deprivation which, otherwise, would cause the disappearance or a sharp reduction in income due to sickness, maternity, work accident or occupational disease, unemployment, invalidity, old age and death, and also protection in the form of medical assistance and aid to families with children " (1991: 9). Although, Chile has not established an area of legal regulation, which responding to the requirements and characteristics of new migration flows for the third stage migracional that occurring during the 1990s and indicates a major change by becoming a recipient of Latin American immigrants who come to Chile seeking better opportunities. The social policy measures that have been implemented during the government of President Michelle Bachelet has helped but not solved, and therefore are insufficient for the integration and social security of migrant population.

In the first place, it is important to mention "the close relationship between globalization and migration"(Aldunate et Al., 2006). Despite in expanding the awareness of a globalized world, the globalization involves not only influences, but a complex series of structural changes affecting the economy, politics and culture of an entire society and that is related to a process of change in the role played by the State. As mentioned before the economic and political globalization has resulted in the transnationalization of cultural and social spaces, and thus an increase in human mobility. Therefore, it is necessary to adopt measures and policies, which along with preserving the prerogatives of States on the control of their borders, allowing the integration of migrants in the receiving country and enhance its dynamic role in the economy and culture, one being the inclusion in social protection matters.

At present the Government of Chile President Michelle Bachelet has established as one of its greatest advances that increase occurred in the last period in matters relating to the expenditure and social protection, strengthening to make them more comprehensive and better quality, which is reflected in various areas such as education, health and employment. In this sense the rise of social protection in Chile has helped to reduce income inequality in the country, contributing to the growth and decline of the social gap that exists. However, the government measures in the economic and social areas, are not equally for all people and there is not a similar proportion of the benefits, such as immigrants have not been considered within the rights and benefits that have been granted if they have not regularized their situation.

Another point to mention is that the main law in chilean immigration policy is the ‘Law on Foreigners’, which was created in a context of military rule and is focused on migration control, and not on protection. The bodies (could be agencies or organizations?) responsible for ensuring that the welfare system is comprehensive and leads to protection of basic rights of immigrants have done nothing to regulate this situation according to the changes that have generated in the country. According to Jensen mentioned that small changes to make the decree does not conform to the requirements of the time, adding that the absence of a migration policy in Chile's actions justify discriminatory and xenophobic towards immigrants, especially those found in greater vulnerability. This is mainly due to immigrants who have not adjusted (accommodated?) their situation to the authorities are marginalized from social protection measures that have been implemented, such as the Ministry of Planning provided information on rights and social guarantees to those who can access only after having adjusted their status in our country, leaving a legal empty. A similar point sets Norambuena to say that in Chile the population problem has not been sufficiently considered by government authorities when addressing the socioeconomic reality of the country, particularly in regard to the impact of immigration, making it essential to implement a policy clear migration (1998). Evidence of this is access to medical facilities of public service, in which illegal immigrants are afraid to attend because of fears they have not the required documentation, and therefore, a system of health provision, besides possible consequences with the legal authorities.

Secondly, the need to find jobs and maintain stability into the family leads many immigrants to opt for alternative low pay, poor conditions and long working hours. These failures constitute violations of labor law in a normal situation would lead to going to court, nevertheless, we have to remember that without the necessary papers are holding back this way. Importantly the legal situation or way that some immigrants using to improve their opportunities: ‘every year thousands of foreigners enter on a tourist visa (...) In cases where they can get an agreement are granted a visa subject to contract. However, many employers refuse to not assume the obligation to pay the costs of returning in case of redundancy, many others do take advantage of the vulnerability of the migrant condition‘. Referring to the characteristics of ‘new immigrant’, who mostly come from the border areas, as a result "it is interesting to note the access of immigrants to a segmented labor market and precarious linked to domestic service, construction, or self-traders" (Neumann, 2009 : 58). In this regard, the government has only proposed to promote the regularization of immigrant workers, again without giving an accurate answer and without taking into account the risk that may entail.

Our Constitution guarantees the access to education for all children and youth living in our territory. Similarly, the promotion of educational integration is vital to creating awareness of integration in living with immigrants, integration mechanisms are fundamental to combat discrimination. While it is encouraging vision by providing access to educational establishments and the trend towards inclusive education promoted by the Ministry of Education, so we have to consider the historical context and initiatives to encourage decisions that ensure effective compliance at all levels and / or areas of personal development, not only in law but also in the same classrooms and with teachers (Norambuena, 1998).

Finally, Chile has never granted policies to support the social protection of immigrants, so not meet the needs satisfaction with the efficiency and effectiveness to which the Government aspires. Thus it has been to argue that "the element was not expected that Chile is not prepared to face an open immigration policy" (Norambuena, 1998: 4). To Illustrate, in 2001 a commission was formed to develop migration policies from the Chilean government which until now have not produced any documents or taken action. Another example, in 2004 the government introduced an immigration policy that proposed adjustments to the legislation, specifically related to labor rights, education, transportation, housing and acces to justice, which has not materialized yet. Moreover, in 2007 regularized over 30,000 undocumented migrants, which according to Chilean law promotes access to health and can be seen as an improvement on the politics of other Latin American countries, but not constitutive practical solution, if not a temporary measure that does not advance that according the growth of the whole country.

Summarizing, the authorities have not established the necessary immigration policies that adequately addressed the basic needs of all immigrants who contribute to regulate and guarantee their human rights, since despite the numerous opportunities and agencies established for that purpose, they have not dimensioned the relevance to modify and / or upgrade existing immigration policies. The existence of a significant percentage of illegal immigrants exposed to a constant context of vulnerability.As shown, the social protection system in conjunction with the public still have pending commitments and goals, as well as the concept of subsidiarity and social security following the current globalizing, agreeing with Röpke who argues that real progress is in the degree to which we get constantly widening the field of individual insurance and voluntary groups, (nd) that transcends nationality of individuals and composed a formula of integration. Or as it also raises Rojas, make public policies are targeted toward many more universal social policies and yet inclusive, including techniques, mechanisms and practices based on cooperation and fairness (2009).