The Path to Stability: A Closer Look at Regularization and Protection of Venezuelan Nationals in Colombia, Ecuador, Peru, and Chile

Venezuelan Migration: Challenges and Solutions

Introduction

Venezuelan migration has reached alarming levels, with over 7.71 million Venezuelans currently living outside their country. This constitutes more than a quarter of Venezuela’s population. The majority of these migrants have fled their homes since 2018, seeking safety and stability in Latin America and the Caribbean. Colombia, Peru, Ecuador, and Chile are the main host countries in the region, with Colombia accommodating the largest number of Venezuelan migrants. In addition, countries outside of the region, such as the United States and Spain, have also seen significant numbers of Venezuelan nationals seeking refuge. This report aims to explore the challenges faced by Venezuelan migrants and the legal frameworks in place to provide them with protection and regularization.

Refugee Status and International Protection

The 1951 Convention Relating to the Status of Refugees, along with its 1967 Protocol, serves as the primary legal instruments for the global protection of refugees. Colombia, Peru, Ecuador, and Chile, as signatories of these agreements, bear the responsibility of ensuring the rights and well-being of Venezuelan migrants within their territories. These rights include freedom of religion and movement, the right to work and education, access to housing and healthcare, and social security on equal terms with nationals.

The 1984 Cartagena Declaration on Refugees, incorporated into the national laws of Colombia, Peru, Ecuador, and Chile, expands the definition of a refugee to include individuals who have fled their countries due to threats to their lives, safety, or freedom resulting from generalized violence, foreign aggression, internal conflicts, massive human rights violations, or other circumstances severely disrupting public order.

The Principle of Non-Refoulement

Central to the protection of refugees is the principle of non-refoulement, outlined in Article 33C of the 1951 Convention. This principle prohibits states from returning or transferring individuals to a place where their life or freedom may be endangered or where they are at risk of persecution. It prohibits interception, rejection at the border, and indirect refoulement. The principle of non-refoulement is non-derogable and must be upheld by states at all times, even in “mass influx” situations, such as the displacement of the Venezuelan population across the region.

Temporary Protection and Stay Arrangements

In addressing the challenges posed by large influxes of migrants, temporary protection or stay arrangements are crucial. These mechanisms aim to fill gaps in national response systems and capacity to ensure the protection of displaced individuals and their access to minimum standards of treatment. While migrant regularization programs are broader policies implemented by states in response to the presence of undocumented migrants, temporary protection arrangements are exceptional measures designed to provide immediate protection for a limited period.

For Venezuela, the United Nations High Commissioner for Refugees (UNHCR) emphasizes the importance of meeting the requirements of legality, accessibility, and recognition of rights in any temporary protection initiative. These mechanisms should be established in national legislation, accessible to all Venezuelans, and should not impose arbitrary limits or discrimination based on factors such as entry date, cost, irregular entry or stay, or lack of identity documents. Furthermore, temporary protection arrangements must ensure equal access to rights, including healthcare, education, family unity, freedom of movement, housing, and employment, without discrimination.

Editorial: Addressing the Challenges

A Regional Response

The scale of the Venezuelan migration crisis necessitates a comprehensive and coordinated response from both the international community and the countries hosting Venezuelan migrants. This crisis should not be viewed solely as a burden but as an opportunity to demonstrate solidarity and humanitarian values.

Efforts must be made to strengthen regional cooperation and burden-sharing, promoting the exchange of best practices and coordination in providing support and protection to Venezuelan migrants. International organizations like the UNHCR and the International Organization for Migration (IOM) should continue their efforts in coordinating and facilitating dialogue between states to ensure a unified and effective response.

Regularization Programs

To ensure the protection and integration of Venezuelan migrants, host countries should consider implementing regularization programs that provide legal status and pathways to permanent residency. These programs would enable migrants to access fundamental rights and services, contribute to the local economy, and foster social cohesion.

Regularization programs should be designed with sensitivity and consideration for the specific needs and vulnerabilities of Venezuelan migrants. They should be transparent, accessible to all, and guarantee the recognition of rights without discrimination. Governments should work closely with civil society organizations, international agencies, and the Venezuelan diaspora to ensure the success and sustainability of such programs.

International Assistance

The international community should recognize the magnitude of the Venezuelan migration crisis and provide increased financial and technical assistance to host countries. Funding should support the provision of basic services, such as healthcare, education, and housing, as well as the integration and livelihood opportunities for Venezuelan migrants.

In addition to financial aid, technical assistance should be directed towards capacity building in migration management, including asylum procedures, refugee status determination, and regularization processes. Sharing best practices and expertise can help host countries effectively address the challenges associated with the large-scale influx of migrants.

Conclusion

The Venezuelan migration crisis demands urgent attention and solidarity from the international community. It is essential to ensure the protection, rights, and integration of Venezuelan migrants, while also supporting the host countries in managing the challenges associated with this mass displacement. Through coordinated regional strategies, inclusive regularization programs, and increased international assistance, it is possible to address the immediate needs of Venezuelan migrants and pave the way for their long-term stability and contributions in their host countries.

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