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40 and the Caribbean FMR 56 www.fmreview.org/latinamerica-caribbean 2017 Falling short of protection: Peru’s new migration scheme for Nicolas Parent

Peru’s introduction of a new work and study permit for Venezuelans fleeing violence in their country is to be applauded – but it provides only a limited, temporary form of protection.

State repression, looting and civil violence of one year, with the possibility of renewal. have left Venezuelans in a state of uneasiness The new programme has been praised by and fear, with the erosion of the country’s the international community, including by socio-political stability further exacerbated the Inter-American Commission on Human by shortages of food and medicine, crippling Rights which has called it “an example and a dramatic devaluation of the for the region of how States can protect Venezuelan currency. With each passing day, migrants who are in a vulnerable situation as the situation deteriorates, the applicability by regularizing migration.”3 According to to Venezuelans of the international definition Eduardo Sevilla Echevarría, Superintendent of refugee becomes increasingly justifiable. of Migration, over 10,000 Venezuelans have In addition to both the 1951 Refugee been approved for the PTP as of late Convention and its 1967 Protocol, to which the 2017. 4 vast majority of Latin American countries are However, it appears that migration signatories, the continent has demonstrated a officials may be promoting the PTP in coordinated effort to strengthen its regional place of providing information about framework for the forcibly displaced. The other more durable and wider-ranging Cartagena Declaration in 1984, the 1994 protection pathways. This was the case San José Declaration, the 2004 for José, a former business owner in Declaration and the 2014 Declaration . When passing through all serve as testaments to a commitment control at the airport in , José notified to protecting those with well-founded the migration officer that he wished to fear of persecution. The response to those apply for asylum but “they said I was only fleeing Venezuela, however, exemplifies eligible for the PTP.” Considering that Peru how much there remains to achieve, has national asylum dating particularly in terms of the implementation back to 2003,5 it is surprising that Lima’s of these instruments. For instance, despite migration office failed to provide adequate receiving 4,670 requests for asylum from information about asylum procedures. Venezuelans between 2012 and 2016, Brazil’s Testimonials from applicants and Ministry of Justice has only assessed a beneficiaries around Lima suggest that José is total of 89 applications.1 For those wanting not the only Venezuelan being misinformed to flee to , a different challenge on their right to seek asylum. When María arises, where regular border closures and applied for the PTP, she noticed that it did not violence in its eastern region have impeded explicitly guarantee access to certain rights Venezuelans from seeking asylum. that would normally be accorded to refugees. “I fled from an with heavy violence in Protection options Venezuela and I was aware that, with the Of all Latin American countries hosting expanded refugee definition found in the Venezuelans, Peru merits recognition for its Cartagena Declaration, I would probably be new temporary work/study permit scheme. eligible for refugee status,” María explained, The Permiso Temporal de Permanencia adding that she did not necessarily want (PTP)2 is a work and study permit provided to receive formal refugee status but rather exclusively to Venezuelan citizens for a period wanted to have a legal guarantee that she Latin America and the Caribbean 41 FMR 56 October 2017 www.fmreview.org/latinamerica-caribbean

and her children would have access to health evidence on Venezuela’s conflict shows facilities and basic assistance. However, that those fleeing have a legitimate claim after multiple visits to the migration office to apply for international protection. and numerous telephone conversations with Having incorporated the expanded refugee UNHCR staff members (who were unclear definition within its national legislation, about the overlap between the PTP and Peru has a formal responsibility towards Peru’s asylum legislation), she – like José – facilitating this process. In practice, the had to accept the PTP as her only option. PTP can contribute to Peru potentially circumventing this responsibility as Implementation falling behind Venezuelan migrants are likely to be international standards assessed on a prima facie basis, leaving Latin America is widely recognised them misinformed about other protection for having developed some of the most schemes available under Peruvian law. innovative protection mechanisms for While Peru receives praise for hosting forced migrants. At the forefront has been Venezuelans, it must be understood that the 1984 Cartagena Declaration, setting the the PTP is not a protection instrument stage for a multitude of regional dialogues guaranteeing a breadth of rights. On paper, focused on international protection. it is simply a residence permit allowing However, it is also critical to acknowledge Venezuelans to work and study for a period that these declarations, plans of action, of one year and, although this may be suitable recommendations and conclusions are for some applicants, it is not appropriate for largely non-binding, and that in Latin those who have fled their country because America “most of the existing refugee status their lives, safety and freedom are threatened. determination bodies still lack the training, Peru’s PTP should therefore not be viewed efficiency, independence, and expertise as the new standard for protecting those that are to be found in other parts of the fleeing crisis, conflict and violence within .”6 Furthermore, since the end of the Latin America as this would risk propagating Latin American governments have a discourse and practice based on generosity devised asylum legislation at the national and goodwill rather than one based on rights. level but these instruments tend to “fall Nicolas Parent [email protected] short of international standards in terms Researcher, Observatory for Human Rights and of duration and scope of protection [and] Forced Migrants in https://ohrfmt.org; lack important refugee rights such as the currently teaching Geography in Lima, Peru right to access fair and efficient refugee 1. Human Rights Watch (2017) ‘Venezuela: Humanitarian crisis 7 status determination procedures.” spilling into Brazil’ http://bit.ly/HRW-Venez-18042017 Peru is not exempt from these realities 2. Decreto Supremo Nº 002-2017-IN and although the PTP has allowed many www.refworld.org/docid/58da500c4.html Venezuelans to gain safety, there needs 3. IACHR, 4th 2017 to be a debate about whether or not it is www.oas.org/en/iachr/media_center/PReleases/2017/043.asp 4. ‘Gobierno evalúa ampliar plazo para entrega de PTP a meeting its responsibilities towards those venezolanos’, El Comercio, 25th July 2017 Venezuelans whose cases should rather be http://bit.ly/ElComercio-25072017 decided through a proper refugee status 5. Ley del Refugiado Nº 27891 determination process. Considering that www.migraciones.gob.pe/documentos/normalegal_8.pdf the 1984 Cartagena Declaration expands 6. Fischel De Andrade J (2014) ‘Forced migration in ’ in Fiddian-Qasmiyeh E, Loescher G, Long K and Sigona the definition of what constitutes a refugee, N (Eds) The Oxford Handbook of Refugee & Forced Migration Studies, extending this status to those fleeing their Oxford University Press, pp651-663 country due to “generalized violence, 7. Gottwald M (2003) ‘Protecting Colombian refugees in the foreign aggression, internal conflicts, Andean region: the fight against invisibility’ UNHCR Working Paper No 81 www.unhcr.org/3e71f2014.pdf massive violation of human rights or 8. Cartagena Declaration on Refugees other circumstances which have seriously http://bit.ly/1984Cartagena-Sp-Fr-Eng disturbed public ”,8 the abundant