Table of Contents
Amnesty International Report Highlights Failure to Protect Venezuelan Nationals in Colombia, Peru, Ecuador, and Chile
Introduction
In its new report titled “Regularize and Protect: International obligations for the protection of Venezuelan nationals,” Amnesty International sheds light on the failure of Colombia, Peru, Ecuador, and Chile to comply with their international obligations to protect Venezuelan refugees. The report emphasizes that these countries have not taken adequate measures to protect the lives, integrity, and human rights of Venezuelans fleeing their country due to the complex humanitarian emergency and massive human rights violations.
Failing to Comply with International Law
Amnesty International’s report analyzes the temporary protection measures, migratory regularization, and procedures for the recognition of refugee status implemented by Colombia, Peru, Ecuador, and Chile. The organization concludes that none of these countries meets their obligations under national and international law to offer international or supplementary protection to Venezuelans.
Furthermore, despite having laws that define a refugee as someone fleeing situations like the one in Venezuela, these countries rarely apply these laws. They have also signed international legal instruments that establish their obligations regarding refugees, such as the 1951 Geneva Convention Relating to the Status of Refugees and the 1984 Cartagena Declaration. Amnesty International argues that based on these legal standards, these countries are obligated to protect Venezuelans who have fled their country.
Inadequate Protection Measures
The report reveals that the programs implemented by Colombia, Peru, Ecuador, and Chile to offer regular migrant status to Venezuelans do not provide levels of protection equivalent to asylum. While these programs grant Venezuelans regular migratory status and access to some rights and services, they fall short of the international protection that Venezuelans have a right to receive. Moreover, these programs lack a clear gender focus, leaving women who have survived gender-based violence completely unprotected in their host countries.
Amnesty International also highlights specific shortcomings in each country’s protection measures. In Colombia, the Special Stay Permit and the Temporary Protection Status for Venezuelans do not establish guarantees of protection against refoulement (forced return to Venezuela) and have documentation requirements that are difficult to fulfill. In Peru, the Temporary Stay Permit does not effectively protect against refoulement and fails to guarantee access to health services. In Ecuador, the Exceptional Temporary Residence Visa for Venezuelan Citizens has limitations in terms of cost requirements and entry conditions. Lastly, in Chile, there is no specific temporary or supplementary protection program for Venezuelans, and the country continues to implement measures that impede the right to seek asylum.
Editorial: Urgent Need for International Protection
The findings of Amnesty International’s report raise serious concerns about the lack of protection for Venezuelan refugees, who are fleeing a dire humanitarian crisis and widespread human rights violations. The number of Venezuelans leaving their country has reached a staggering 7.71 million, representing over 25% of the total population.
It is the moral and legal obligation of countries in the region, especially Colombia, Peru, Ecuador, and Chile, to provide immediate access to international protection and supplementary forms of protection to Venezuelan refugees. Temporary and supplementary protection measures cannot serve as substitutes for refugee status. Governments must ensure that these programs comply with the principles of legality, accessibility, and the protection of rights, including non-refoulement.
Philosophical Discussion: Ethical Responsibility and the Duty to Protect
Amnesty International’s report raises important philosophical questions about the ethical responsibility of states and their duty to protect individuals fleeing from humanitarian crises. In the face of the unprecedented exodus of Venezuelans, it becomes imperative to examine the obligations of countries in the region to offer refuge and protection.
From a deontological perspective, countries have a moral duty to provide assistance and protection to those in need, as enshrined in international human rights law. The principle of non-refoulement, which prohibits the forced return of individuals to a country where they face persecution or serious harm, forms a fundamental pillar of this duty.
Moreover, countries have a consequentialist and utilitarian obligation to address forced displacement and refugee crises. Failing to protect and provide for the basic rights of refugees can lead to dire consequences, both for the individuals involved and for the stability and well-being of the host countries.
Ultimately, the ethical responsibility to protect and offer refuge to vulnerable populations transcends national borders. Countries must work together to uphold their obligations under international law and provide the necessary support, resources, and protections to Venezuelan refugees.
Relevance and Advice
Amnesty International’s report serves as a critical wake-up call for Colombia, Peru, Ecuador, and Chile to fulfill their international obligations and offer adequate protection to Venezuelan refugees. The findings underscore the urgent need for these countries to review and improve their existing programs and measures for regularizing migrants and granting refugee status.
Governments must prioritize the accessibility, scope, and effectiveness of these protection measures, ensuring that they comply with international law and provide meaningful and comprehensive support to Venezuelan refugees. Additionally, specific attention should be given to addressing the unique vulnerabilities faced by refugee women who have survived gender-based violence.
The international community, including regional organizations such as the Organization of American States, should play an active role in supporting the efforts of these countries and providing assistance to ensure the effective implementation of international obligations.
In conclusion, the report by Amnesty International shines a light on the failure of Colombia, Peru, Ecuador, and Chile to protect Venezuelan refugees and fulfill their international obligations. Urgent action is needed to provide international and supplementary protection to Venezuelans fleeing their homeland. By doing so, these countries will not only uphold their moral and legal duties but also contribute to the stability and welfare of the region as a whole.
<< photo by Jake Nackos >>
The image is for illustrative purposes only and does not depict the actual situation.