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The situational element of massive violation of human rights in the extended refugee definition of Cartagena: Towards its application to the Venezuelan case
(Pontificia Universidad Católica de Chile, 2020-01-01)
In the context of the liberalization of their regulatory frameworks, most countries in Latin America have incorporated the extended refugee definition of the 1984 Cartagena Declaration in their domestic legislation. However, this particular definition has only been applied in very few cases. In light of the mass displacement of Venezuelan migrants, and within a context of toughening migration policies, in general, and directed towards the Venezuelan population, in particular, it is necessary to discuss the possible application of the extended definition to this population. Without denying the importance of the political implications of such application, this article addresses the challenges in conceptualizing its situational elements from a legal perspective, specifically focusing on the massive violation of human rights. To do so, we propose a conceptual framework for understanding this particular situational element and its application to the Venezuelan case.
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Migration policy towards Venezuelan migrants in Peru: complexities and contradictions
(Universidad de los Andes, Bogota Colombia, 2021-04-01)
This article aims to describe how the Peruvian migration policy towards the Venezuelan population is part of migration control logic. Migration and refugee laws are analyzed, and the political-legal mechanism of the Temporary Permit of Permanence in the light of the concepts of “control policy with a human face” and migratory governance. Methodology: the work is based on analyzing a series of interviews with different key actors of the State and international organizations in 3 cities of the country (Lima, Tumbes, and Tacna) carried out between January and March 2020. This analysis is complemented by the detailed review of the Peruvian regulatory and institutional framework and various interviews and public statements by the Office of the President of the Republic on Venezuelan migration. Conclusions: it is concluded that, despite having a renewed immigration legislation, the responses of the Peruvian State to Venezuelan migration are anchored in the concepts of control and utility of migration. Likewise, asylum policy, supposedly more protective, is also impacted by discourses and control practices. Originality: this work proposes a comprehensive analysis of the policies towards the Venezuelan population, including that of asylum. This approach allows us to understand the complex relationships between immigration and asylum policy. In addition to focusing on the State's role in the construction of these policies, the perspective of the International Organization for Migration (IOM) and the United Nations High Commissioner for Refugees (UNHCR) are included as key actors in this process. With this, the work opens new avenues of research on international actors' role in managing migration in the region.
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