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Item type:Publication, 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. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The Cartagena Refugee Definition and Venezuelan Displacement in Latin America 1(Wiley, 2020-12-02)Abstract The displacement of Venezuelan citizens represents an important test for Latin American refugee policies. In mid‐2020, over 5 million people in need of international protection had left Venezuela, and there have been repeated calls for their recognition as refugees. Although fifteen countries in Latin America have included the refugee definition of the Cartagena Declaration into their domestic laws, only Mexico and Brazil have applied this definition to Venezuelan citizens. After a brief discussion of the history and scope of the Cartagena Declaration refugee definition and its incorporation into domestic legislation across Latin America, in this article, we provide a systematic legal analysis of its applicability to Venezuelan displacement. We conclude with policy recommendations and suggestions for further research. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Towards a typology of social protection for migrants and refugees in Latin America during the COVID-19 pandemic(Springer Science and Business Media Deutschland GmbH, 2021-12-01)The COVID-19 health crisis has put to the test Latin America’s already precarious social protection systems. This paper comparatively examines what type of social protection has been provided, by whom, and to what extent migrant and refugee populations have been included in these programmes in seven countries of the region during the COVID-19 pandemic, between March and December 2020. We develop a typology of models of social protection highlighting the assemblages of actors, different modes of protection and the emerging migrants’ subjectification in Brazil, Chile, Colombia, Ecuador, Mexico, Peru, and Uruguay in relation to Non-Contributory Social Transfer (NCST) programmes and other actions undertaken by state and non-state actors. The analysis is based on 85 semi-structured interviews with representatives of national and local governments, International Organisations, Civil Society Organisations, and migrant-led organisations across 16 cities, and a systematic review of regulatory frameworks in the country-case studies. The proposed typology shows broad heterogeneity and complexity regarding different degrees of inclusion of migrant and refugee populations, particularly in pre-existing and new NCST programmes. These actions are furthering notions of migrant protection that are contingent and crisis-driven, imposing temporal limitations that often selectively exclude migrants based on legal status. It also brings to the fore the path-dependent nature of policies and practices of exclusion/inclusion in the region, which impact on migrants’ effective access to social and economic rights, while shaping the broader dynamics of migration governance in the region. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, 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. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Institutional and social xenophobia towards Venezuelan migrants in the context of a racialized country: The case of Peru(Springer Science and Business Media B.V., 2022-01-01)Although there is a growing academic interest in xenophobia in South America (Chan & Strabucchi, Asian Ethnicity 22(2):374–394, 2020; Tijoux-Merino, Convergencia: Revista de Ciencias Sociales 20(61):83–104, 2013; Guizardi & Mardones, Estudios Fronterizos 21:1–24, 2020), research is incipient on Peru due, in part, to the recent changes in migration trends. Moreover, in the case of Peru, scholars have not explored how xenophobia and racism intersect and connect. Addressing this gap, this chapter examines xenophobia in Peru against the Venezuelan community from an institutional and social perspective, addressing how both perspectives are relational and self-sustaining in a context of racialization. We use a mixed methodology that combines literature and political-normative analysis with quantitative data analysis. We examine how the institutional xenophobia against Venezuelan migration in the country, expressed through legislation as well as informal and formal practices of exclusion, have portrayed migrants as invaders. We also argue that the structural and complex racialization that operates in the country is also nourished by a special hatred against the foreigner who threatens the fragile sense of nationhood in Peru. Thus, we observe the emergence of a feeling of Venezuelanphobia as a hatred towards everything that has to do with ‘the Venezuelan.’