A recent report by the Inter-American Commission on Human Rights (IACHR) on Venezuelan migrants denounced the violation of fundamental rights in Venezuela and explained the causes of the “massive and forced exodus of Venezuelans” to other countries of the region.
The 85-page document was launched on November 8 and describes how the Complex Humanitarian Crisis has led to the forced displacement of more than 7 million adults, adolescents and children since 2015, an unprecedented event in the history of Venezuela.
“This migratory migration flow, currently the largest in the Americas and one of the largest in the world, responds to a survival strategy to protect rights such as life, personal integrity, health and food,” the IACHR says.
The discrimination and vulnerability of Venezuelan migrants and refugees on irregular routes and border areas, as well as in host countries, are important points described in the Commission’s report, as is the difficulty in accessing a regular migration status.
The Venezuelan news site Efecto Cocuyo identified five key points contained in the document, which also issues a series of recommendations to the Venezuelan government and national authorities across the Americas to respond to the Venezuelan diaspora, which continues to grow each day.
1. Migration and autocracy
According to the IACHR, the forced displacement of Venezuelans is “closely related” to the rise of authoritarianism in the country. The report affirms that the Nicolás Maduro government has been characterized by systematic human rights violations that have been documented by non-governmental organizations in the context of the continuous closure of civic space.
“In the absence of the rule of law, the State institutions created to promote and protect human rights have begun to operate to ensure the permanence of the ruling party in power,” the Commission indicates.
The OAS body adds that the lack of judicial independence has made it possible for security forces and State institutions to follow a pattern of repression that has considerably worsened since 2015. The proliferation of arbitrary detentions, reports of torture and sexual violence in detention centers, threats to relatives and a general feeling of unsafety have led thousands of opposition supporters or perceived as such to flee to other countries.
In many cases, the victims decide to leave without proper documentation due to the difficulties in obtaining them from the bodies in charge of identity services in Venezuelan territory.
“The cost of obtaining a passport in Venezuela is prohibitive, which, added to the dire economic situation in the country, makes it almost impossible to carry out the procedure. The information available indicates that the total cost of a ten-year passport can be equivalent to seven minimum wages,” the Commission explains.
2. Most move by land
The IACHR report further explains that the majority of people who migrate from Venezuela use land routes to reach other countries in the region. During the trip, they usually suffer serious physical and psychological effects. Added to this is the militarization and closure of border crossings and the presence of irregular groups and criminal organizations dedicated to recruiting migrants in a situation of vulnerability for human trafficking or forced labor.
“Although no official figures exist to accurately establish the countries of destination, it has been documented that many Venezuelan migrants and refugees seek to reach Ecuador, Peru, Chile, Colombia or Brazil. Others use the land route through the Andean countries to reach Bolivia and Argentina,” the document states.
Other migrants use sea routes to reach Colombia and Panama with the intention of walking through the Darién Gap, one of the most dangerous migration routes in the world due to its topography and classified as a deathtrap by those who have managed to cross it.
The document also indicates that Afro-descendants and indigenous people are the most discriminated against group among all migrants.
“The expression of racism and stigmatization are especially serious when they come from senior authorities, as they contribute to the tolerance of institutional violence to the detriment of people from Venezuela,” the report denounced.
3. Women and girls more at risk
“During displacement, women generally face the risk of experiencing gender-based violence due to the stereotypes that weigh on them and the hypersexualization of their bodies. Added to this is the intersection with other forms of discrimination such as ethnic and racial origin and socioeconomic status,” the report explains.
The document points out that forced displacement increases the vulnerability of Venezuelan women and girls, who are at risk of being captured by clandestine networks or traffickers who promise to help them evade border controls.
The Commission affirms that a direct connection exists between the lack of a regular migration status, the absence of support networks and poverty and the risk of falling victim to gender-based violence. For example, the organ warns that the women who cannot give money to the armed groups that operate along the Colombia-Venezuela border are forced to engage in sexual acts, in what is called “transactional sex.”
“The generalized impoverishment of women leaving Venezuela has made them more likely to be captured by trafficking networks. The Commission recalls that the crime of human trafficking affects women and girls disproportionately,” the document states.
4. Refugee status
The IACHR insists that host countries across the Americas must recognize the people feeling Venezuela as refugees, as the body already noted in Resolution 2/2018:
“…taking into account the definition outlined in the Cartagena Declaration that protects persons fleeing the massive violations of human rights, in such a manner that they are provided with broad and holistic protection.”
The Commission also recognized the mechanisms for the protection of migrants implemented by some Latin American States. However, the body clarifies that they are transitory and have so far failed to fully respond to the issue of displacement.
“Some migration procedures in the region related to the entry, stay and deportation fail to observe the guarantees of due process. This facilitates discriminatory and arbitrary practices, further exposing them to the possibility of being returned to a territory where their life, integrity and personal freedom are at risk, thus violating the principle of non-refoulement,” the Commision concluded.
5. A coordinated response is needed
Finally, the IACHR insisted on the need for an effective, holistic and coordinated response in the region to address the forced displacement of Venezuelans and guarantee the human rights of migrants and refugees.
Likewise, the body offered technical cooperation to implement adequate mechanisms. It also called on receiving countries to guarantee the entry of migrants and to adopt measures to guarantee family reunification. The Commission added that the implementation of plans to determine the most vulnerable groups is key.
Regarding the recognition of refugee status, the Commission indicates that it must be granted through “fair and efficient procedures” that guarantee the right to receive assistance or to work in the host country.
“…Including the possibility of a prima facie or group determination of refugee status, which implies the collective or group recognition of individuals as refugees, without the need for an individualized evaluation.” the document reads.
Translated by Jose Rafael Medina
