Colombia is the country to host most Venezuelan migrants and refugees, that is, at least 1.7 million Venezuelans, representing more than 37% of the estimated 5.5 million Venezuelan refugees and migrants worldwide. While many have been granted a residence permit and regular stay by January 2021 (760,000); in March 2021 approximately 8,800 Venezuelans were pending asylum claims and only 774 Venezuelans have been recognized as refugees. More than half of Venezuelans in Colombia lack regular status, which affects their ability to access their rights, essential services, protection and assistance. Regrettably, with the COVID-19 pandemic compounding needs, many Venezuelan refugees and migrants who are already coming from a dire situation, struggle even more to survive as they face worsening poverty, job losses, evictions, hunger, and a lack of food and access to medical treatment.
The United Nations and the Organization of American States’ human rights mechanisms recognized that Venezuela has been going through a protracted, exacerbated and prolonged political, social, humanitarian and economic crisis. This means that people returning to Venezuela are exposed a situation where their human rights are at risk, given the severe and deteriorating economic and social situation severely limits the enjoyment of economic and social rights.
Colombia is also party to international and regional instruments that protect human rights(e.g. International Covenant of Economic, Social and Cultural Rights, and American Convention on Human Rights “Pact of San Jose, Costa Rica”, among others).
In line with all this, Colombia has recognized the urgency to turn the temporary permanence of Venezuelans in Colombia to a longer temporary stay. Colombia is also concerned by the increase of illegal markets in the context of migration (false documents, smugglers, traffickers), and wants to discourage the increase in irregular migration, while providing regular migration pathways to Venezuelan migrants who enter through the border areas authorized by the Migration Authority. Regularization is also key to long-term solutions, including access to the job market, which in turn serves to lessen the dependency of people on humanitarian assistance while also contributing to the country’s post COVID-19 socio-economic recovery.
On 1 March 2021, through Decree No. 216, the Government of Colombia adopted the Statute for Temporary Protection for Venezuelan Migrants Under a Temporary Protection Regime and other related migration dispositions. The statute is a legal mechanism for temporary protection for Venezuelan migrants wishing to remain in Colombia temporarily and that comply with the specific criteria, including:
- being in Colombian territory on a regular basis as holders of one of the migration permits emitted by Colombia (entry and stay permits (Permisos de ingreso y permanencia - PIP); temporary stay permits (Permiso temporal de Permanencia – PTP), special stay permits (Permiso Especial de Permanencia – PEP; Permiso Especial de Permanencia para el Fomento de la Formalizacion - PEPFF);
- being in Colombian territory on a regular basis as holders of a SC-2 Safe-conduct of Permanence;
- being in Colombian territory irregularly as of 31 January 2021;
- entering Colombian territory regularly from 29 May 2021 to 28 May 2023.
This Temporary Statute of Protection for Venezuelan Migrants is composed of the Single Registry of Venezuelan Migrants and the Temporary Protection Permit (PPT), and it will have a validity of ten years, until 30 May 2031. Venezuelans fulfilling the criteria above can apply for PPT identification document. Moreover, asylum seekers and those with an open refugee procedure can decide to apply for the PPT, but their process for international protection will not be affected until the PPT is authorized. Since Venezuelan migrants cannot have two permits, they can then decide to a) either keep the PPT or b) to apply for asylum or continue with their international protection-refugee procedure. The Special Permit of Permanence (PEP), which was the previous permit adopted by the Colombian Government, can also be converted into the new PPT. The PPT enables regularization of certain migrants in an irregular situation and will facilitate access to rights as it will provide access to basic services including the national health system and COVID-19 vaccination plans.
The Special Administrative Unit of Migration Colombia is the responsible entity for these procedures. Currently, the Government is in the process of adopting the Resolution which aims to implement and operationalise the Statute for Temporary Protection for Venezuelan Migrants, that is, to start the procedures of identification, registration, data collection, biometrics and emission of the new PPT.