Colombia’s response to the dramatic increase in the inflow of Venezuelans into its territory is characterized by idiosyncrasies. Geopolitical considerations play a big part in preventing the official construction of the Venezuelan refugee in the problematic terms that we have seen in other places. However, the Colombian government has been navigating a complex set of considerations. On the one hand, it has almost completely ignored in this policy development the reference to international instruments such as the Geneva Convention and the Cartagena Declaration. On the other hand, Colombia has practically open its borders and is pursuing a strategy of regularization. Even so, it is actively seeking whatever international, institutional and financial support it can get, and it seems very determined to maintain the international status of this “crisis”. This paper seeks to examine this approach from a comparative and historical perspective and to analyse it various implications.
In 2018, we witnessed an increasing effort by some Latin-American countries and international organizations to set the basis for a regional approach to manage the Venezuelan migration crisis and to coordinate national responses. However, despite the efforts, a regional approach seems not to be an achievable goal in the short term.
This paper aims to explore the new opportunities for the development of a (real and effective) regional approach to migration in Latin America provided by the necessity to face and govern the increasing migration from Venezuela. Thus, it accounts for the initiatives taken so far to coordinate national migrations policies, and it looks at previous attempts to develop a common approach to migration in the region; it attempts to understand the reasons why the attempts of coordination seems not to be effective, to conclude with some proposals for the development of a real regional approach to migration in Latin America.
This paper intends to study the evolution of the Colombian immigration for a hundred-year period (1850-1957). In this period, we have two main proposals on the subject. The first one is of the radical Liberals, who, since the mid-19th century, developed in the country the ideal of “civilization vs. barbarism” proposed by Domingo Faustino Sarmiento in Argentina. Our Liberals promoted the arrival of the white race to implement a whitening process and the removal of lower races as the indigenous and Africans. The second project is of the 20th-century conservatives that pursued the same ideal of racial improvement, but which also attended religious objective, and ended up with the coming of European Catholics as, for example, the Polish. Finally, with the military dictatorship of Gustavo Rojas Pinilla, immigration served to eradicate the undesirable Communist barbarians who inhabited the eastern plains of our nation.
How the State and its public authorities respond to social issues and to individual and collective needs of society is a key concern for Administrative Law. In relation to migration, national authorities are in charge of formulating and enforcing a national public policy, while local authorities are responsible for implementing specific programs to deliver goods and public services to attend migrant´s needs.
In Colombia, we observe a defiance to accomplish a balance between this set of legal powers, and to articulate a comprehensive and coherent public policy capable of dealing with the challenges of the growing migration from Venezuela. Under these circumstances, this article explores the Colombian legal and institutional framework for migration to explain how public authorities are responding to the Venezuelan migration, and how Colombian public institutions balance their political, fiscal, and administrative powers to tackle the challenges and opportunities brought by migration.
Companies are fundamental actors in the protection of human rights and in the prevention of occupational risks originated by increased migration, although they do not have the same obligations of States to promote and protect the rights of migrants. According to the United Nations Guiding Principles on Business and Human Rights (UNGPs), the corporate responsibility to respect human rights includes both the duty to abstain from violating these rights and the adoption of positive actions to promote them. The article aims to discuss how companies should act to promote and protect the rights of migrants. First, it analyses the business responsibility to respect human rights, under the guidance of the UNGPs. Second, it analyses how companies should act with due diligence to prevent possible exploitations of their own migrant workers. At last, a transversal and multilevel dialogue between States, civil society and business is proposed for a greater protection and promotion of migrants.