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Crisis in Venezuela: The Brazilian response to the massive flow of Venezuelans in Roraima
Jacqueline Salmen Raffoul Sumário
I. Crônicas do Direito Internacional...... 1
Reparação de vítimas à luz de um tratado sobre empresas e direitos humanos...... 3 Ana Cláudia Ruy Cardia
Consumer Social Responsibility as a Requirement for Corporate Social Responsibili- ty...... 13 Nitish Monebhurrun
Crisis in Venezuela: The Brazilian response to the massive flow of Venezuelans in Roraima...... 18 Jacqueline Salmen Raffoul
II. Dossiê Especial: Business and Human Rights...... 23
Some remarks on the third sessions of the Business and Human Rights Treaty Pro- cess and the ‘Zero Draft’...... 25 Humberto Cantú Rivera
The United Nations guiding principles on business and human rights, the State Duty to protect human rights and the State-business nexus...... 42 Mihaela Maria Barnes
Hardening soft law: are the emerging corporate social disclosure laws capable of generating substantive compliance with human rights?...... 65 Justine Nolan
Del Documento de Elementos al Draft 0: apuntes jurídicos respecto del posible contenido del proyecto de Instrumento Vinculante sobre empresas transnacionales y otras empresas con respecto a los derechos humanos...... 85 Adoración Guamán Access to remedies and the emerging ethical dilemmas: changing contours within the business-human rights debate...... 116 Justin Jos
La responsabilidad penal de las empresas por graves violaciones de derechos huma- nos: práctica actual y desafíos futuros...... 130 Daniel Iglesias Márquez
The environmental law dimensions of an international binding treaty on business and human rights...... 151 Juan Gabriel Auz Vaca
Los Objetivos de Desarrollo Sostenible en Europa y su Intersección con el Marco de los Negocios y los Derechos Humanos...... 190 Paolo Davide Farah
Human rights and market access...... 203 Danielle Mendes Thame Denny
Business and human rights in Brazil: exploring human rights due diligence and ope- rational-level grievance mechanisms in the case of Kinross Paracatu gold mine....222 Mariana Aparecida Vilmondes Türke
Human rights and extractive industries in Latin America: what responsibility of corporations and their States of origin for human rights violations in the Inter- -American Human Rights System?...... 243 Alberto do Amaral Junior e Viviana Palacio Revello
Multinacionais fast fashion e direitos humanos: em busca de novos padrões de respon- sabilização...... 255 Laura Germano Matos e João Luis Nogueira Matias
III. Artigos sobre outros temas...... 269
Efficiency and efficacy of public food procurement from family farmers for school feeding in Brazil...... 271 Rozane Márcia Triches A relação entre o grau de integração econômica e o sistema de solução de contro- vérsias: um estudo comparativo entre a União Europeia e o Mercosul...... 286 Luciane Klein Vieira e Elisa Arruda
The rights to memory and truth in the inter-american paradigms of transitional jus- tice: the cases of Brazil and Chile...... 308 Bruno Galindo
Juliana Passos de Castro
A margem nacional de apreciação na Corte Interamericana de Direitos Humanos..325 Gilberto Schäfer, José Eduardo Aidikaitis Previdellie e Jesus Tupã Silveira Gomes
Novos direitos fundamentais no âmbito da UNASUL: análise das agendas de Brasil e Venezuela à luz do direito à paz...... 339 Pedro Pulzatto Peruzzo e Arthur Ciciliati Spada
A atuação do Grupo Mercado Comum frente à criminalidade organizada transnacio- nal...... 354 Sabrina Cunha Kesikowski, Luis Alexandre Carta Winter e Eduardo Biacchi Gomes
Counter-terrorism legislation and terrorist attacks: does human rights have space?...... 371 Heloisa Tenello Bretas e Daniel Damásio Borges
Territórios da violência de gênero: normativa internacional e os casos “Campo Al- godoeiro” (México) – “Morro do Garrote” (Brasil)...... 392 Eugênia Nogueira do Rêgo Monteiro Villa e Bruno Amaral Machado
O uso de mecanismos informais de governança global e sua aplicabilidade nas licita- ções públicas brasileiras...... 409 Fabiano de Figueiredo Araujo e Paulo Afonso Cavichioli Carmona
Autonomia institucional da igreja católica e a ingerência indevida do estado brasi- leiro por eventuais ilícitos canônicos: análise do caso de Formosa-GO, à luz do Tra- tado Brasil-Santa Sé de 2010...... 423 Antonio Jorge Pereira Júnior e Renato Moreira de Abrantes A more targeted approach to foreign direct investment: the establishment of scree- ning systems on national security grounds...... 440 Carlos Esplugues Mota
IV. Resenhas...... 467
Direito Internacional em Perspectiva Transcivilizacional de Yasuaki Onuma...... 469 Arthur Roberto Capella Giannattasio
Resenha do livro Space, Global Life: The Everyday Operation of International Law and Development, de Luis Eslava...... 473 Matheus Gobbato Leichtweis
Quem tem medo do pós-colonial no direito internacional? Uma resenha de “Decolo- nising international law: development, economic growth and the politics of univer- sality” de Sundhya Pahuja ...... 485 Gabriel Antonio Silveira Mantelli
Direitos humanos como um novo projeto para o Direito Internacional? Notas sobre The Last Utopia, de Samuel Moyn ...... 490 João Roriz doi: 10.5102/rdi.v15i2.5691 Crisis in Venezuela: The Brazilian response to the massive flow of Venezuelans in Roraima
Jacqueline Salmen Raffoul*
On a daily basis, thousands of Venezuelans are forced to leave their country as a result of the political and economic crisis. The lack of basic supplies, such as medicine and food, the lack of freedom, due to an autho- ritarian government, and the soaring crime rates led to a massive movement toward neighboring countries, like Brazil and Colombia. The inflation rate1 of 13,860%, in April of 2018, can easily demonstrate the unprecedented economic crisis of Venezuela. In 2017, while the mon- thly minimum wage was approximately 200,000 Bolivares, the estimative of the price of basic groceries was around 1,000,000 Bolivares2. Hence, it beca- me impossible for most people to provide for themselves and their families. Besides, the International Community demonstrates continuous con- cerns regarding the local respect for human rights. In May 2018, the United Nations High Commission for Human Rights considered that there was no political or social condition to carry on the elections in Venezuela. Thus, the United Nations refused to send an international observer to the elections. Due to the lack of political, social and economic condition, there is a massive flow of Venezuelans in the State of Roraima due to the shared bor- der with Brazil. Forced by the circumstances, leaving their country seems to be a matter of survival. Although Brazil has a positive open door policy, the issues faced by Venezuelans put it in check. In May of 2018, I visited Boa Vista in order to interview Venezuelan refugees, local people, Government authorities and representatives of in- ternational organizations. The results of my research are reported in this chronicle as an attempt to share the Brazilian response to the massive flow of Venezuelans there.
1. The increasing refugee status requests from Venezuelans in Roraima
Considering the situation, expressive amounts of Venezuelans seek the refugee status in other countries. According to the 1951 Convention, a re- fugee is a person who was forced to move to another country due to well- -founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. In addition, persecution could also be other human rights violations related to the men- tioned reasons3.
1 INTERNATIONAL MONETARY FUND. Inflation rate, average consumer prices. Available at < http://www.imf.org/external/datamapper/PCPIPCH@WEO/WEOW- * Master of Law student at Centro Universi- ORLD/VEN >. Accessed on 21 June 2018. tário de Brasília. E-mail: jsalmenraffoul@gmail. 2 CENDAS-FVM, Sary Levy, professor at the Central University of Venezuela. Bolivares com is the current Venezuelan currency. 3 UNITED NATIONS REFUGEE AGENCY: Handbook on Procedures and Crite- 10 rama>. Accessedon20June 2018. TICA. Available at: Venezuelans less than job positions paid illegally accept would never think of. It is not uncommon to know that degrees, jobs they the circumstances led some to accept the city. over all their childrenzuelan mothersand begging are show that they are lookingforajob. Meanwhile, Vene to signs holding lights traffic the in men see to possible BoaVista, it is daily.arriving the whole city of Through to employ all the Venezuelansmany jobsasnecessary B 2. T significant quantity andtheconsequencesareeasilynoted. a is city the in people new 25,000 reason, Accessed on 4 September 2018. Accessed on4September prensa/mpt-noticias/6c5a7442-ccb8-4f12-a161-9947a27b7535>. http://portal.mpt.mp.br/wps/portal/portal_mpt/mpt/sala-im 11 boa-vista/panorama>. Accessedon 20June 2018. difficul theirjobs. a ties faced by V enezuelans in 11 . ------ 19 RAFFOUL, Jacqueline Salmen. Crisis in Venezuela: The Brazilian response to the massive flow of Venezuelans in Roraima. Revista de Direito Internacional, Brasília, v. 15, n. 2, 2018 p. 17-22 in 3. T most needit. to offerhelpand,consequently, hopeforthe ones who tion. However, andwilling people there are prepared ges, especially because unprecedented this isan situa Surely,challen Brazil. uncountable in are zuelans there to resettle in order VeneOrganizations International the civil society, and of the Government, organizations made byless unchangeable,or consideringthe efforts documentsisunconceivable.the necessary without enough time to prepare. A life in anew country usually compels them to leave without theircountry are Venezuelansple seeking refuge and this situation peo cuments. Aspreviously mentioned, the majority of moving tootherstatesinBrazil. in Roraima, insteadof zuela. Forthis for some reason, it to remain is appealing ving settled, to bring the others who remainedinVene ha after and, first border the cross to members family Frequently,mily separation. the plan is for oneorafew vide forthemselves andtheirfamilies. more complicated to leave shelters and pro the refugee evenremains remoter.position, itisevenjob Withouta Without speaking Portuguese, the possibility to be hired tween thetwo peoples be interaction of lack the to due difficult more even and is be similar, process is not effortless the learning may Portuguese and Spanish though Even Brazilians. shelters and, consequently, donotoften interact with the domestic society. Most Venezuelans live in refugee in integration bynezuelans are deepened their lack of four- year- oldchild. more than10Venezuelans injured afamily, includinga inhabited house by a in fire intentional an month, same device at abuildingoccupied by Venezuelans.ry Inthe incendia 2018, threw an a man feature. of InFebruary R Despite all the difficulties, the situation is not hope difficulties, not the is all situation Despite the do Moreover,faced anotherproblem is the lack of In this another regard, difficulty arises due to the fa Resultantly, the unemployment again. issue emerges betweenand Ve Brazilians the gaps Furthermore, oraima he positive ac tions t oward V enezuelans ------yassac esrsfrtercpino peopleina of cy assistance measures thefor reception emergen for provides which 13,684/2018, no. Statute Provisional Measure No. 820/2018, converted into the vulnerablemigrants of the for reception Assistance Emergency the Federal Committee of of nes the composition, competencies and operatingrules in Venezuela fleeing themigrants humanitarian crisis vulnerability of recognizes which 9285/2018, No. Decree the (i) were measures toward legal Venezuelans most important High CommissionerforRefugees (UNHCR). theUnitedNations with theaidof and by themilitary red byshelters placed on the border, refugee organized exit crossing at points,border with the assistance offe and the entry the controlof was the implementation of One relevant into offer support. measure ment stepped GovernFederal the 2018, in Roraima, of State the by htm>. Accessed on 30June 2018. www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/Lei/L13684. 14 Accessedon30June2018-786171-norma-pe.html>. 2018. camara.leg.br/legin/fed/decret/2018/decreto-9286-15-fevereiro- 13 June 2018. 2018-786170-publicacaooriginal-154864-pe.html>. Accessed on 30 camara.leg.br/legin/fed/decret/2018/decreto-9285-15-fevereiro- 12 sanitizeda 2018, the military of in BoaVista,April supplies the and health care. Forinstance, the logistic of places. given hasimproved support by The the military such workingof with in the the organization UNHCR together. shelters, have Inthe refugee the military been arealready working Organizations ty and International as well. civil society of the on public policies with organizations the federal, district and municipal levels – shouldcarry Government -at rights”. The human of the violation risk that socialvulnerability imply in and personal of red public policies to prevent and remediate situations law, social protection the regards “structu definition of to implement order social protection. According to this in specific more are that actions designed 13,684/2018 nezuelans by the Decree No. 9285/2018, the Statute No caused by theVenezuelan crisis flow migratory the from deriving situation vulnerable Therefore, in order to substantiate order such in Therefore, actions, the faced the challenges by Venezuelans and In view of nfc,Gvrmn,ognztoso civil socie of In fact, Government, organizations the Ve the vulnerability of Since the recognition of RSDNI D RPBIA Aalbe t http:// < at Available REPÚBLICA. DA PRESIDÊNCIA CÂMARA DOS DEPUTADOS. Available at 20 RAFFOUL, Jacqueline Salmen. Crisis in Venezuela: The Brazilian response to the massive flow of Venezuelans in Roraima. Revista de Direito Internacional, Brasília, v. 15, n. 2, 2018 p. 17-22 ntlain fthebuilding. installations of Federation,Humanitarian with aprojecttoimprove the the International Organization, another International anew shelter, by and UNHCR supported creation of new city. Inaddition,the NGO hasbeenworkingin the theVenezuelans the in of work and the integration in volunteers three times haveor a week. They team of a twice food and Vista withdonations Boa nezuelans in created by twofriends, lawyer a doctor,a and helpsVe Venezuelans. “Los Hermanos”, NGO The sistance of as the in actions aid develop that (NGOs) nizations themwithdonations.and themembersalsosupport the Church of are abletouse the structure dated. They families werebackyardand welcomedaccommo and and the military,UNHCR ashelter was settled in the doors toVenezuelans to live there. of With the support lic Church inBoaVista, the Consolata, hasopened its have organizations role. played ACatho in important sidence forneedyVenezuelan inBrazil. immigrants re temporary granting for the fees charged payment of the the Federal in orderto request the waiver Court of before Action Civil a Public filed Office Prosecutor´s Public the and Office Defender´s Public the 2017, in services. Thus,ners - who arenotable to afford legal assistance foreig or to the ones –Brazilians legal people.-indigenous haverestrictions food that may seem unusual tonon people. In addition,they in ashelter with hundreds of theirownused to prepare food,which canbeanissue ding, for instance, has its own particularities. are They fee vulnerable anddemandsespecial care. act of The Venezuelans daily. arriving quantity of shelter is especially challengingdition. This due to the nezuelan population, inPacaraima, hadthe worst con Ve indigenous with shelters the that observed Office Venezuelans. Insuch occasion,the Public Prosecutor´s the mendations were made to improve the situation of the shelters was drafted and recom regarding report 2018, a rights. human May In of verify the respect of the shelters in orderto inspected the conditions of Venezuelans.found thereduetotheovercrowding of conditions thehazardous to revert order in gymnasium In asimilarvein, orga there are non-governmental Despite these measures, the civil society and other offers Office Defender´s Public the Furthermore, VenezuelanThe population isthe most indigenous has Office Prosecutor´s Public the Nevertheless, ------as well. most successful resource for Roraimaand Venezuelans culated polices among different entities seem to bethe solid knowledge in their respective fields.Thus, the arti different entities provides actions backed by of support its own As importance. the are countless,challenges the rent initiativesRoraima. in It isclearthat each one has 4. F to provide thebestpossibleoutcome. society is essential different sectors of of participation the reason, this For Roraima. of State the in creasing in still is Venezuelans of flow show,the numbers the mayadequate be an way to approach the situation. As policies by the Government with otherorganizations specific term regarding refugee seekers. refugee regarding specific term However,territory”. the national there is no region of the toward flow migratory disorderly a causes that law humanitarian international rights or human of violation as asituation of, among other possibilities, “widespread nition givencrisis”, which to“humanitarian isdescribed tute No. 13,684/2018 recognizes such facts by the defi due to the continuous human rights violations. The Sta out to be impossible turned sion. Life in their country deci notavoluntary survival, zil usually isamatter of better lifeabroadortojoinfamilymembers. ticular reason.Forinstance, the motivation couldbea luntarily move, usually to othercountries,any par for vorelated human rightsviolation.Meanwhile, migrants byor political opinion, or other social group particular a reasons forrace, religion, nationality, membership of beingpersecuted for from the well-founded fear of move country,to another but they are forced to run are completelydifferent. seekers speaking, both concepts andmigrants. Legally vague,are asthey not distinguish between do refugee flow migratory the describe to used terms The licies. publicpo of could interfere articulation in the proper Venezuelans regarding created an unclearscenariothat l h oiieatoslse r ape fthe cur All the positive actionslisted are samplesof public the actions, of the articulation In view of ntecs fVenezuelans, crossing borders to Bra In the case of voluntarily not do seekers refugee case, first the In used in the legislation Nevertheless,terms thebroad inal considera tions ------ 21 RAFFOUL, Jacqueline Salmen. Crisis in Venezuela: The Brazilian response to the massive flow of Venezuelans in Roraima. Revista de Direito Internacional, Brasília, v. 15, n. 2, 2018 p. 17-22 ch thesituation. approa efficiently to policies public of planning better humanrights, as it would allow a inthe defense of step be intentional, a clear position would be an important could the terms grants. Even though the inaccuracy of mi seekers refugee thanthe arebroader rights of of seekers, andrefugee grants onthe other hand:the rights ononehand,mi is different regarding, acountry of Venezuelans responsibility as well.Brazil for and The Finally, would be useful for the distinguishing terms - - - 22 RAFFOUL, Jacqueline Salmen. Crisis in Venezuela: The Brazilian response to the massive flow of Venezuelans in Roraima. Revista de Direito Internacional, Brasília, v. 15, n. 2, 2018 p. 17-22 Para publicar na Revista de Direito Internacional, acesse o endereço eletrônico www.rdi.uniceub.br ou www.brazilianjournal.org. Observe as normas de publicação, para facilitar e agilizar o trabalho de edição.