vulnerable groups

ARGENTINA: ‘We must stop attempts to go back to the injustices of the pre-pandemic era’
CIVICUS speaks about the COVID-19 crisis and civil society responses with Sebastián Pilo, co-director of Civil Association for Equality and Justice (Asociación Civil por la Igualdad y la Justicia, ACIJ), a civil society organisation (CSO) dedicated to defending the rights of the most disadvantaged groups and strengthening democracy in Argentina. Founded in 2002, ACIJ aims to defend the effective enforcement of the National Constitution and the principles of the rule of law, promote compliance with the laws that protect disadvantaged groups and the eradication of all discriminatory practices, and contribute to the development of practices of participatory and deliberative democracy.

What impact has the COVID-19 pandemic had on people’s rights in Argentina?

Notwithstanding the good results in terms of health yielded by lockdown measures, the pandemic has hit the most vulnerable populations especially hard. To cite just a few examples, the impact of contagion has fallen significantly on the inhabitants of informal settlements. Institutionalised older adults have also suffered the pandemic in a particularly cruel way. In addition, cases of domestic violence have presumably increased under lockdown conditions.

The fact that people whose right to adequate housing is not being fulfilled are being asked to ‘stay home’ is a clear example of the gap between constitutional promises and reality, as well as the interrelation between the right to health and other fundamental rights. In this regard, in mid-March, as mandatory lockdown had just begun, alongside other CSOs we submitted a document to the City Government of Buenos Aires warning of the lack of adequate public policies for people living on the streets, a group especially vulnerable to the pandemic. Although the city government announced measures to mitigate the spread of COVID-19, the actions were mainly aimed at controlling the circulation of this population, but not at guaranteeing their access to adequate hygiene and health conditions. The causes that lead to people becoming homeless are structural and linked to the lack of public policies guaranteeing all people access to decent housing. The actions taken during this emergency should be a starting point to build long-term policies to change the precarious conditions in which thousands of people live in our city.

More generally, in the context of the pandemic the multisectoral initiative Habitar Argentina has called for the implementation of a national emergency policy on habitat, aimed not only at improving the living conditions of people who are already on the street, but also suspending – for six months or until the pandemic is over – all evictions and judicial decisions that may expel more people onto the streets or worsen their sanitary conditions, as well as implementing specific policies for families who rent, have mortgages or live in precarious housing. It also calls for the implementation of protection mechanisms for women, children, adolescents and sexual minorities or gender non-conforming people who experience violence regardless of the type of housing or territory they inhabit.

What obstacles has ACIJ faced to continue operating in this context, and how have you overcome them?

Our biggest obstacle was linked to lockdown measures and the consequent impossibility of maintaining, under the same conditions, our territorial presence in the communities with which we work. This forced us to increase our efforts to continue in contact – virtually or through authorised sporadic physical presence – with community leaders and promote actions aimed at providing the special protection that the context required.

Thus, for example, along with Fundación Huésped and TECHO, we organised a series of training sessions targeted at grassroots leaders, who have historically been key to solidarity networks in their neighbourhoods. Staring on 5 June, we held five meetings to provide them with information on prevention measures against COVID-19 and other diseases present in their neighbourhoods, legal information pertaining to compulsory lockdown, guidance in the event of institutional or gender-based violence and prevention measures for community soup kitchens, and to let them know about the public assistance programmes that were established during the pandemic. More than 90 social leaders from the provinces of Buenos Aires, Chaco, Córdoba and Tucumán took part in these meetings.

A virtual assistant with specific information was also developed to answer queries from inhabitants of poor neighbourhoods and a series of communication pieces were distributed through community WhatsApp and Facebook groups.

What other actions have you undertaken to defend the rights affected under the pandemic, and what have you achieved?

Among the most relevant actions that we have undertaken during these months, I would highlight the following.

First, regarding the inhabitants of slums and informal settlements, we promoted a special protocol of action against COVID-19, the creation of a web platform that geo-references resources and helps identify the urgent needs of these inhabitants and a precautionary measure so that the state would provide free internet access for the duration of lockdown measures.

The internet access development came in response to a lawsuit that we filed with other CSOs in order to enable the continuity of schooling for all students within the framework of distance education measures established during the emergency. The precautionary measure issued in early June forces the Government of the City of Buenos Aires to provide all students who attend public schools or privately operated schools with zero fees and who are in a socially vulnerable situation – those on city or federal welfare, scholarships, subsidies, or social programmes, or those who live in slums – an adequate device – a laptop, notebook, or tablet – to access the internet and carry out schoolwork in order to guarantee the continuity of learning. Likewise, the government is obliged to install in all the slums and informal settlements within the city the required technological equipment for wireless internet transmission, similar to that which it currently maintains in squares and public spaces, in sufficient quantity and adequate locations in order to provide a minimum standard of free wireless connectivity. In the event that there are technical impediments to this, the local government must provide a mobile device with data to allow internet access to every family including children or adolescents who attend primary-level educational establishments.

This measure is key because not only does it seek to reverse the existing inequality in terms of access to educational equipment, but it also recognises internet access as a fundamental right that is instrumental – and, in this context, essential – for the exercise of other rights such as rights to education, health, information or access to justice.

Second, regarding people with disabilities, among other things, we denounced the reduction in assistance coverage, carried out a campaign to show the effects of confinement on people secluded in mental hospitals and launched a web platform to foster access to rights.

The discapacidadyderechos.org.ar platform was launched in early July and seeks to help people with disabilities demand the fulfilment of their rights to health, education, work, independent living and social protection. The platform centralises information regarding rights, benefits and services recognised by current regulations, and outlines how to claim these rights in cases of noncompliance by insurance and prepaid medicine companies and the state and where to go for free legal advice and sponsorship. The site has a total of 120 document templates, including administrative notes and document letters, that each user can adapt to their situation. In addition, it has a specific section that provides information on the rights of people with disabilities in the context of the COVID-19 pandemic.

It should be noted that the process to develop the site included the participation of people with disabilities and their families, who tested the platform and made suggestions for its improvement. It was also based on the advice of specialists in digital accessibility and usability.

Third, for vulnerable groups in general, alongside a coalition of academic institutions and CSOs, we started an initiative to disseminate legal information to clarify the scope and impacts of emergency regulations and contribute to the legal empowerment of various disadvantaged groups, and we made a regional call to highlight the role of justice in the face of the crisis. We also prepared a document highlighting key information about injustice in tax matters and ideas to contribute to a fiscal policy that respects economic, social and cultural rights in the context of the pandemic.

What would you say has been the key to obtaining these achievements?

I believe that the achievements obtained in this context are fundamentally explained by the combination of three variables: first, the entire ACIJ team was mobilised by the need to make a significant contribution from our institutional role, and adopted the necessary flexibility to react to the crisis in an appropriate way. Second, for a long time we have worked closely with affected communities and groups in relation to the issues that are at the core of our work, and this has been key to us knowing first-hand the obstacles that people in vulnerable situations face in accessing their rights. Finally, the combination of strategies of public policy advocacy, court action on collective conflicts and community empowerment resulted in larger impacts than those that would have been obtained in the absence of this interconnection of strategies.

What role should civil society play in overcoming the pandemic and building a better post-pandemic ‘new normal’?

The first thing that civil society must do in this context is to show very clearly the injustices that characterised the world that we had before the pandemic: political inequality as a structural condition of low-quality democracies; economic inequality as underlying violations of economic, social and cultural rights; and a model of production of goods and organisation of territories that was environmentally unsustainable.

Given that the pandemic has deepened pre-existing inequalities and has had greater impacts on the lowest-income people, the current priority should be to strengthen public systems for the protection and promotion of human rights of the groups most affected by the pandemic. In this context, it is essential to guarantee resources to fund adequate health and social protection policies. Hence, together with other CSOs in the region, we published a statement urging states to implement mechanisms to achieve a globally progressive tax system; evaluate existing tax exemptions to determine which ones should be eliminated because they are unjustified and inequitable; not to approve new tax privileges, except in urgent cases, where effectiveness is proven and preferably for the benefit of vulnerable populations and small businesses; and reform and streamline the process of approval and review of tax expenditures, increasing transparency, identifying beneficiaries, adding impact evaluations and subjecting them to independent scrutiny.

It is essential for civil society to help us imagine a new direction: the moment of crisis is also a moment of opportunity if it stimulates our ability to think of different ways to relate to each other as a political community, and to instil new values for the reconstruction of fairer societies.

Finally, we must accompany those who will go through the most difficulties to find survival strategies and satisfy their basic needs, while also looking for participation spaces to make our voices heard in public decision-making spheres and countering the foreseeable attempts to go back, in the post-pandemic stage, to the injustices and privileges that characterised the pre-pandemic era.

Civic space in Argentina is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with ACIJ through itswebsite orFacebook page, and follow@ACIJargentina and@piloofkors on Twitter.
BUSINESS AND HUMAN RIGHTS: ‘This treaty should not be negotiated behind closed doors’
CIVICUS speaks about the process to develop an international treaty on business and human rights and the role of civil society with Ivette Gonzalez, Director of Strategic Liaison, Advocacy and Public Relations at Project on Organising, Development, Education and Research (PODER).

PODER is a regional civil society organisation (CSO) based in Mexico, dedicated to promoting corporate transparency and accountability in Latin America from a human rights perspective, and to strengthening civil society affected by business practices to act as guarantors of long-term accountability.

Why is a treaty on business and human rights so important?

We live in a world virtually ruled by capital. Since this hegemonic capitalist and patriarchal economic model has taken hold, it has become clear that whoever has the capital calls the shots.

When companies directly influence the decisions of state powers, be it the executive, legislative or judicial branches of government, or others such as international organisations or banking institutions that should operate for the public benefit, and instead put them at the service of the private and exclusive benefit of a few people and prioritise the creation and accumulation of wealth over human rights, it results in a phenomenon we call ‘corporate capture’. Corporate capture is observed on all continents and results in the weakening of the state and its institutions. The strength of the state needs to be restored and the treaty on business and human rights could contribute to this.

A legally binding international instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises seeks to curb violations committed by companies of multiple human rights such as the rights to health, freedom, privacy and access to information and the impunity with which they operate, which allows them to destroy the environment, territories, families and entire communities.

All companies must operate with due diligence on human rights to identify, prevent, address and remedy abuses and violations, as a continuous cycle of management including project planning, investment, operations, mergers, value and supply chains, relationships with customers and suppliers, and any other activity that could cause negative impacts on rights and territories. The treaty serves as a means for states, as the primary duty bearers in charge of protecting human rights, to hold companies to their responsibilities and monitor compliance.

An international treaty would also be a unique development in that it would cover the extraterritorial activities of companies, such as the activities of companies that may be headquartered in a country in the global north but have operations in the global south. At the moment, in many instances and jurisdictions, companies are only self-regulating and are not accountable for their human rights abuses and violations, and the destruction they cause to life and the planet. Some states are making progress on regulations and policies, but there are still gaps at the international level. We want this treaty to address the huge gap in international law that allows corporate crimes to go unpunished.

What progress has been made in negotiating the treaty?

Interesting developments took place at the eighth session of the Open-ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights, held from 24 to 28 October 2022. While there is no strict timeline or deadline for producing the final version of the treaty, one of the experts convened by the Intergovernmental Working Group for the development of the instrument proposed 2025 for concluding the negotiations. This is the deadline that is expected to be met if states have the political will to build consensus. For the time being, some states that were reluctant to participate in the past are now showing a little more interest.

For now, the draft has 24 articles, the first 13 of which were discussed in the last session. Discussions included central issues such as the definition of victims’ rights and their protection and the definition of the purpose and scope of the treaty: whether it should include only transnational corporations or other companies as well. The state of Mexico, for example, argues that this instrument should cover all activities that have a transnational character. There have also been discussions on the prevention of damages and access to reparations, as well as about legal liability, the jurisdiction that will deal with complaints, statutes of limitation and international judicial cooperation, among other issues.

Some states have made contributions to improve the content under negotiation. In contrast, other states seek to minimise the scope of the treaty in certain regards, such as protections for Indigenous peoples and communities, environmental safeguards and women’s and children’s rights, among others.

Some states support the most recent proposals of the chair rapporteur, the Ecuadorian ambassador, but a large part of civil society considers that, for the most part, they detract from what was achieved during the seven years up to 2021, and weaken the treaty. They promote power asymmetry between northern and southern states, as well as between companies and rights-holding individuals and communities. The third revised draft is the one we recognise as legitimate and the basis on which we believe negotiations should continue.

How is civil society contributing to the treaty process?

Dozens of CSOs are pushing for an effective treaty, including PODER, along with the International Network for Economic, Social and Cultural Rights (ESCR-Net), which brings together more than 280 CSOs, social movements and activists from 75 countries, and several other alliances, movements and coalitions such as the Treaty Alliance, Feminists for a Binding Treaty and the Global Campaign to Reclaim Peoples Sovereignty, Dismantle Corporate Power and Stop Impunity.

Of course there is diversity of opinion within civil society on a number of issues, but we all agree on the need to regulate business activity with a human rights perspective. We have identified the elements this treaty should contain and the conditions required for its implementation. And we are trying to inject urgency into the process, which is going too slowly, while human rights violations and attacks against human rights defenders do not stop, but instead increase every year.

Civil society has advocated with decision-makers to open up spaces for discussion with civil society. PODER, along with ESCR-Net, has in particular insisted on the constructive and proactive participation of states from the global south in the process, and specifically from Latin America. We also work to integrate a gender and intersectional perspective into both the process and the text. One example for this has been the proposal to use Mexico’s feminist foreign policy.

Civil society’s point of departure is the conviction that it is not possible to develop a legitimate treaty without placing the participation of rights holders – affected rural people and communities, Indigenous peoples, independent trade unions, LGBTQI+ people and people in vulnerable situations, among others – at the centre of the whole process.

What are the chances that the final version of the treaty will meet civil society’s expectations and fulfil its purpose?

We hope the treaty will contribute to ending corporate impunity and states will assume their obligation to protect human rights in the face of corporate activity. It will prevent abuses and violations, redress grievances and ensure these situations do not recur.

Although there are established processes for the development of international treaties, this is an unusual treaty and should be treated as such, and changes should be made to both process and content as necessary for it to be truly effective.

For it to fully meet the expectations of civil society would require a paradigm shift based on the principle that business has a social function and that its operations should not exceed certain limits for a dignified life and a clean, healthy and sustainable environment. We know that our full aspirations will not materialise with a treaty, with National Action Plans and regulations and standards, even if they are properly implemented. But these are all important steps in trying to balance the scales by limiting the power that the global economic system has given to business corporations.

While the treaty is unlikely to meet all our expectations, CSOs that are demanding the highest standards for this treaty will continue to do so until the end. We will continue to bring proposals from experts and affected communities and groups fighting for justice and redress for the harms they experience first-hand, opening up spaces for their voices to be heard and remain at the heart of the negotiations at all times, and including human rights and environmental defenders in consultations on the text.

This treaty should not be negotiated behind closed doors or with the private sector alone, as this would allow for the repetition of the same cycle of opacity and privilege that has brought us this far, and would only contribute to maintaining an unsustainable status quo.

Get in touch with PODER through itswebsite orFacebook page, and follow@ProjectPODER on Twitter.
COLOMBIA: ‘Civil society is an important pillar in work with the migrant population’
CIVICUS speaks with Carmen Aida Faria, director of Fundación Manitas Amarillas (Little Yellow Hands Foundation), about the difficulties faced by Venezuelan migrants in Colombia and the work being done by civil society to facilitate their access to rights.

Manitas Amarillas is a Colombian civil society organisation (CSO) formed in 2018, in the context of mass Venezuelan migration to Colombia, to provide humanitarian assistance, access to health services and counselling to migrants and refugees.

How has the situation of Venezuelan migrants in Colombia changed in recent years?

Migration flows into Colombia have changed over time. The 2015 wave of Venezuelan migration was very important, but the number of migrants increased over the following years, peaking in 2017. Compared to the previous wave, this one included a lot more people in vulnerable situation.

The new arrivals needed immediate healthcare and access to other fundamental rights that the system could not provide. Colombia did not have the infrastructure or the financial resources to respond, particularly in border areas, where local populations also experience deficits in access to education and healthcare, among other rights.

Migrants in vulnerable situations were also unable to receive monetary aid through the Colombian government’s social assistance programmes or enter the subsidised health system. To access social programmes, people must have a regular migration status.

In addition to a permanent migrant population, there is also the population in border areas that constantly crosses the border back and forth to access certain services. For instance, many children who live in Venezuela go to school in Colombia and are not included in school food programmes. There are organisations working specifically to ensure these children have access to food, as they arrive with significant nutritional problems.

These processes created a demand for the community, but above all for the Colombian state, to respond to. And the country began to operate under a logic of solidarity and gratitude: Colombians remember that in the past it was Venezuela that received Colombian migrants. Thus, the government began to grant special residence permits to regularise this population in some way. But the definite milestone was the Temporary Statute of Protection for Venezuelan Migrants (ETPMV), approved in 2021 under an essentially humanitarian logic.

What did the implementation of this new policy entail?

The ETPMV implied temporary regularisation so that Venezuelans could benefit from the same rights and have the same duties as Colombian nationals. Upon receiving an identity document called a Temporary Protection Permit, migrants have the possibility of accessing the health system and the labour market, among other rights.

Theoretically, the mechanism is well thought out. However, putting it into practice has been hard. Many people have been left out: more than 2.4 million migrants have registered in the Single Registry for Venezuelan Migrants, but there are still more than a million who, having completed the full process, have not received their permit.

Some people applied for the permit in September 2021, more than a year ago, and have consulted Migración Colombia, the authority for migration control and monitoring, but still do not know what has happened to their application. Some have not received their permits due to logistical problems: this is a highly mobile population and when they change addresses it is often not possible to locate them to deliver the documentation.

But it is also the case that difficulties continue once the permit has been obtained. This is an indication of deeper problems. When Venezuelans go with their permit to open a bank account or register with the health system, they are often rejected. The Temporary Protection Permit is a new document and many institutions, both public and private, are not yet familiar with it. A lot of education is needed to make these rights effectively accessible.

The ETPMV was supposed to prioritise the most vulnerable population groups. The first to receive their permits were supposed to be people in need of immediate medical attention and children and adolescents who needed them to enter the education system due to lack of identity papers. This ultimately did not happen, to such an extent that legal appeals have had to be filed to ensure access to healthcare for people with chronic illnesses or other conditions in need of immediate attention.

How is Colombian civil society supporting Venezuelan migrants?

Since the last big wave of migration in 2017, many CSOs have emerged. It was the migrant community itself that first began to get together to help other migrants. We started giving food out on the street and providing humanitarian assistance to walkers, as we call the people moving on foot through Colombian territory, who did not have basic information or even warm enough clothing to withstand Colombia’s climate.

CSOs have become an important pillar in work with the migrant population, because we are on the ground and we know the problems migrants have.

Currently, many CSOs are working together in coordination with the Mayor’s Office of Bogotá and promoting several joint initiatives. We have launched public campaigns and signed a symbolic pact to promote integration, because Venezuelan migrants in Colombia continue to suffer from xenophobia and discrimination as a result of their poverty. We have asked the media to stop mentioning the nationality of crime perpetrators, because they only do so when the person involved is a foreigner, thus overstating the problem and contributing to discrimination against Venezuelans.

We are also participating, in collaboration with the Colombian government and international cooperation agencies, in the first ‘Entregatón’, a massive permit delivery operation aimed at distributing 40,000 permits in five days. Migración Colombia has sent messages via mobile phone to migrants whose documents are ready, notifying them of the date and place where they can pick them up.

But in addition to handing out the documents, as part of the operation, enrolment and biometric registration services are being provided for those who have not yet completed these stages of the process. People who have already received their permits are also offered vaccination services, access to healthcare providers, registration with the social assistance system, legal support and information on various other issues, from the transportation system to school access to programmes targeted at migrant women.

There is so much work and CSOs are contributing enormously. The government and international cooperation agencies should take us into account not only as sources of diagnoses of migration issues, but also as partners when it comes to jointly implementing public policies arising from those diagnoses.

Civic space in Colombia is rated ‘repressed’ by theCIVICUS Monitor.

Get in touch with Manitas Amarillas through itswebsite orFacebook page, and follow@MANITASAMARI on Twitter.
COLOMBIA: ‘Lack of regular migration status imposes barriers to accessing rights’
CIVICUS speaks with Jessica Corredor Villamil and Lina Arroyave about the situation of Venezuelan migrants and refugees in Colombia. Jessica is the director of and Lina a researcher in Dejusticia’s international team.

Dejusticia is a centre for legal and social studies based in Bogotá, Colombia, dedicated to promoting human rights in Colombia and the global south. It promotes social change through action-research, developing public policy proposals, advocacy campaigns and strategic litigation.

How has Colombia changed its legal framework to accommodate Venezuelan migration?

There are currently three ways in which Venezuelan nationals can obtain the status that allows them to stay in Colombia for extended periods: visas, refugee status and the Temporary Protection Status for Venezuelan Migrants (ETPMV).

The ETPMV was established in 2021 to address the situation of mass migration from Venezuela. It has two main objectives: to identify the Venezuelan migrant population and regularise their migratory situation. To this end, two mechanisms are envisaged. The first is the Single Registry of Venezuelan Migrants, which collects personal and socio-economic data of those who register, administered by Migración Colombia, the authority in charge of migration control and surveillance. The second is the Temporary Protection Permit, which authorises its holders to stay in Colombia for 10 years and allows them to access the health, social security, education and financial systems, validate their diplomas, work and leave and re-enter the country.

Those in Colombia who have regular status, who have requested refuge but have not yet received a response, who entered the country irregularly before 31 January 2021, who have entered the country regularly after May 2021, or do so before late May 2023 are all eligible for temporary protected status. After that cut-off date, it will only be available to children and adolescents.

Even so, people are not guaranteed temporary protected status if they meet all the requirements, since it is granted at the discretion of Migración Colombia.

How has the ETPMV system worked during its first year?

The process has takenlonger than expected, falling short of the goal set by the previous government of delivering 1.8 million identification documents by 2022.

According to data from Migración Colombia, as of November 2022 about 2.5 million people have entered their data in the Single Registry for Venezuelan Migrants and 1.6 million permits have been approved.

This gap is worrying because lack of regular migration status imposes barriers to accessing fundamental rights and hinders the socio-economic integration of migrants.

In addition, many people did not register because they were unable to regularise their migration status. The ETPMV was only available to those in an irregular situation who had entered Colombia before 31 January 2021. This time limitation ignores the fact that irregular migration continues, largely because of the impossibility of obtaining official documents in Venezuela. Irregular status is assumed to be the result of individual decisions, when it is usually results from the impossibility of complying with the requirements imposed.

What integration barriers do Venezuelan migrants face in Colombia?

In a recentreport we identified multiple barriers to accessing and remaining in the formal labour market, as well as for setting up a business.

The main legal barrier is lack of regular migration status. The thousands of people who continue to enter Colombia through informal border crossings are denied access to temporary protected status. This has an impact on both formalising their employment and access to entrepreneurship support funds, particularly from the state, but also from the private sector. A majority of self-employed migrant workers work in the informal sector.

Widespread ignorance among employers of migration legislation imposes additional barriers. For instance, many are unaware that the validation of university degrees is only required for professions that involve high social risk, such as medicine, or that are regulated by the state, such as architecture or law, for which all applicants must follow a process to validate their diplomas and have professional cards issued. This procedure requires an official certificate that must be obtained in Venezuela, and those who are already in Colombia face immense difficulties in securing this.

There are also social and cultural factors that can affect the employment situation. Negative perceptions of the Venezuelan migrant population affect recruitment processes. Xenophobia and discrimination deepen in situations of insecurity, although there is no evidence of links between migration and increased crime.

Lack of social capital – such as well-placed contacts and job references – is also a problem for migrants.

Additional obstacles make it difficult for migrant workers to remain in the formal economy. For example, many banks refuse to open savings accounts for Venezuelan migrants. They not only require them to prove their regular migration status but also demand an up-to-date passport, which they usually don’t have. Similar challenges come with some health insurers, pension funds and occupational risk insurance companies.

As a result, to earn an income many migrants are forced into precarious jobs and exploitative working conditions, including extremely long working hours, sub-minimum wages, mistreatment and changes in agreed working conditions. In 2019, the average monthly income of a Venezuelan migrant was less than the legal minimum wage, and the wage gap compared to Colombian nationals was more than 30 percentage points.

What is Dejusticia doing to promote migrants’ rights?

As a civil society organisation, we carry out research on migrants’ access to rights that we use to influence decision-making processes on migration policy and formulate public policy recommendations. In the research process leading to ourreport on the labour inclusion of Venezuelan migrants, for example, we organised an event to which we invited various stakeholders, including government agencies, to work on recommendations. Also, when anew government took office in August 2022, we produced a series of recommendations, in partnership with other organisations.

We also develop strategic litigation and communications campaigns, and work with other organisations, both nationally, regionally and in other regions of the global south, to address the migration phenomenon from a broader perspective.

What support from the international community do organisations defending the rights of migrants in Colombia need?

It is important for the international community to shed visibility on and support the processes that are taking place in relation to the rights of Venezuelan migrants. But it is also very important that the support of the international community covers other migratory flows and takes into account the problems happening on the Colombia-Panama border, crossed by migrants of various nationalities trying to head towards the USA.

It is also important for the international community to remind the Colombian government of the commitments it has made by ratifying treaties and adopting international standards on migration and refugees.

Civic space in Colombia is rated ‘repressed’ by theCIVICUS Monitor.

Get in touch with Dejusticia through itswebsite orFacebook page and follow@DeJusticia and@JessCorredorV on Twitter.
COLOMBIA: “La carencia de estatus migratorio regular impone barreras de acceso a derechos”
CIVICUS conversa con Jessica Corredor Villamil y Lina Arroyave sobre la situación de las personas migrantes y refugiadas venezolanas en Colombia. Jessica esdirectora y Lina es investigadora del área internacional de Dejusticia.

Dejusticia es un centro de estudios jurídicos y sociales localizado en Bogotá, Colombia, y dedicado a promover los derechos humanos en Colombia y en el sur global. Promueve el cambio social a través de la investigación-acción, desarrollando propuestas de políticas públicas, campañas de incidencia y litigios estratégicos.

¿Cómo ha reformado Colombia su marco legal para acoger a la migración venezolana?

Actualmente hay tres vías mediante las cuales las personas nacionales de Venezuela pueden obtener el estatus migratorio que les permite permanecer en Colombia por períodos prolongados: las visas, la solicitud de la condición de refugiado y el Estatuto Temporal de Protección para Migrantes Venezolanos(ETPMV).

Este último fue establecido en 2021 para atender la migración masiva procedente de Venezuela. Tiene dos grandes objetivos: identificar a la población migrante venezolana y regularizar su situación migratoria. Para esto prevé dos mecanismos. El primero es el Registro Único de Migrantes Venezolanos, que recoge los datos personales y socioeconómicos de quienes deciden registrarse y es administrado por Migración Colombia, la autoridad de vigilancia y control migratorio. El segundo es el Permiso por Protección Temporal, que autoriza a su portador a permanecer en Colombia por 10 años y le permite acceder a los sistemas de salud y seguridad social, educativo y financiero, convalidar títulos, trabajar y salir del país y reingresar.

Pueden acogerse al ETPMV quienes se encuentren en Colombia de manera regular, quienes han solicitado refugio pero aún no han recibido respuesta, quienes ingresaron al país de manera irregular antes del 31 de enero de 2021, y quienes lo hicieron de manera regular desde finales de mayo de 2021 o lo hagan antes de finales de mayo de 2023. Luego de esa fecha, solo será una opción para niños, niñas y adolescentes.

Aun así, el cumplir con todos los requisitos no es garantía de obtención del ETPMV, ya que su otorgamiento es facultad discrecional de Migración Colombia.

¿Cómo ha funcionado el ETPMV durante su primer año?

El proceso se hademorado más de lo previsto, lo cual impidió cumplir la meta del gobierno anterior de entregar 1.8 millones de documentos de identificación en 2022.

Según datos de Migración Colombia, hasta noviembre de 2022 cerca de 2,5 millones de personas han ingresado sus datos en el Registro Único para Migrantes Venezolanos, y se han aprobado 1,6 millones de permisos.

Esta brecha es preocupante porque la carencia de estatus migratorio regular impone barreras de acceso a derechos fundamentales y obstaculiza la integración socioeconómica de la población migrante.

Además, muchas personas no se inscribieron en el registro por no haber podido regularizar su situación migratoria. El ETPMV solamente estaba disponible para las personas en situación irregular que hubieran ingresado a Colombia hasta el 31 de enero de 2021. Esta limitación temporal ignora el hecho de que la migración irregular continúa, en gran medida a causa de la imposibilidad de acceder a documentos oficiales en Venezuela. Se asume que la situación de irregularidad obedece a una decisión individual, cuando por lo general es el resultado de la imposibilidad de cumplir con los requisitos exigidos.

¿Qué barreras de integración enfrentan las personas migrantes venezolanas en Colombia?

En un recienteinforme identificamos las múltiples barreras de acceso y permanencia en el mercado laboral formal, así como para el desarrollo de emprendimientos.

La principal barrera legal es la carencia de estatus migratorio regular. Las miles de personas que continúan ingresando a Colombia por pasos fronterizos informales tienen vedado el acceso al ETPMV. Esto tiene impactos tanto para la formalización laboral como para el acceso a fondos de apoyo al emprendimiento, en particular estatales, pero también privados. La mayoría de los trabajadores migrantes independientes trabaja en el sector informal.

El desconocimiento generalizado de la legislación migratoria por parte de los empleadores impone barreras adicionales. Por ejemplo, muchos desconocen que la convalidación de títulos universitarios solo es imprescindible para profesiones cuyo ejercicio implica altos riesgos sociales, como la medicina, o cuyo ejercicio es regulado por el Estado, como el derecho o la arquitectura, y exigen a todos los postulantes la realización del trámite de convalidación de títulos y expedición de tarjetas profesionales. Este trámite requiere de una apostilla que debe ser obtenida en Venezuela antes de migrar, y quienes ya se encuentran en Colombia enfrentan enormes dificultades para conseguirla.

También existen factores sociales y culturales que pueden afectar la situación laboral. Las percepciones negativas de la población migrante venezolana afectan los procesos de selección de personal. La xenofobia y la discriminación se profundizan cuando ocurren hechos de inseguridad, pese a que no hay evidencia de vínculos entre el aumento de la criminalidad y el de la migración.

La falta de capital social, es decir, de contactos bien posicionados y referencias laborales, también es un problema para las personas migrantes.

Algunos obstáculos adicionales dificultan la permanencia en la economía formal. Por ejemplo, muchos bancos se niegan a abrir cuentas de ahorros a personas migrantes venezolanas ya que les exigen no solamente acreditar estatus migratorio regular sino también presentar su pasaporte actualizado, con el que habitualmente no cuentan. Algo similar ocurre con algunas aseguradoras de salud, fondos de pensiones y aseguradoras de riesgos de trabajo.

De ahí que muchas personas migrantes con tal de conseguir algún ingreso acepten empleos precarios y se sometan a condiciones de explotación laboral que incluyen jornadas de trabajo extremadamente largas, salarios por debajo del mínimo, malos tratos y cambios en las condiciones laborales acordadas. En 2019, los ingresos mensuales promedio de una persona migrante venezolana fueron inferiores al salario mínimo legal vigente, y la brecha salarial frente a los nacionales colombianos fue de más de 30 puntos porcentuales.

¿Qué trabajo hace Dejusticia para promover los derechos de las personas migrantes?

En tanto que organización de la sociedad civil, hacemos investigaciones sobre el acceso a derechos de las personas migrantes para sobre esa base hacer incidencia en los procesos de toma de decisiones en materia de política migratoria y formular recomendaciones de política pública. En el proceso de investigación para nuestroinforme sobre la inclusión laboral de las y los migrantes venezolanos, por ejemplo, organizamos un evento al cual invitamos a los diferentes sectores involucrados, incluidas varias agencias gubernamentales, para trabajar en las recomendaciones. Asimismo, al iniciarse unnuevo gobierno en agosto de 2022 elaboramos un documento con recomendaciones, en alianza con otras organizaciones.

También desarrollamos litigios estratégicos y campañas de comunicación, y trabajamos con otras organizaciones, a nivel tanto nacional como regional y de otras regiones del sur global, para abordar el fenómeno de las migraciones desde una mirada más amplia.

¿Qué apoyo de la comunidad internacional necesitan las organizaciones que defienden los derechos de las personas migrantes en Colombia?

Es importante que la comunidad internacional dé visibilidad y apoye los procesos que se están dando en relación con los derechos de las personas migrantes venezolanas. Pero también es muy importante que el apoyo de la comunidad internacional abarque otros flujos migratorios y dé cuenta de la problemática en la frontera colombo-panameña, paso obligado para personas migrantes de distintas nacionalidades que quieren llegar a los Estados Unidos.

También es importante que la comunidad internacional le recuerde al gobierno de Colombia los compromisos que ha adquirido a partir de la ratificación de tratados y la adopción de estándares internacionales en materia de migración y refugio.

El espacio cívico en Colombia es calificado como ‘represivo’ por elCIVICUS Monitor.

Contáctese con Dejusticia a través de susitio web o su página deFacebook y siga a@DeJusticia y a@JessCorredorV en Twitter.
GLOBAL HEALTH: ‘On World AIDS Day we remind people that the HIV pandemic is not over’
CIVICUS speaks with Gastón Devisich, Head of Community Engagement of Fundación Huésped’s Research Department, about the role of civil society in the fight against HIV/AIDS, both at the community level and in global governance bodies.

Fundación Huésped is an Argentinian civil society organisation (CSO) that has been working since 1989 on public health, including on the right to health and disease control. It is a member of the regional platformCoalición Plus and, represented by Gastón, one of the two Latin American and Caribbean organisations that are part of the NGO Delegation to the UNAIDS Programme Coordinating Board.

What have been the results of the latest round of pledges to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and what will be their implications?

The primary goal of the Global Fund to Fight AIDS, Tuberculosis and Malaria is to make catalytic investments and leverage innovations to drive faster progress in reducing new infections, address structural barriers to improving outcomes for these pandemics and build equity, sustainability and lasting impact. Its new strategy places people and communities front and centre in all its work, challenging power dynamics to ensure that affected communities have a voice in the fight and opportunities for a healthy future.

The Global Fund’s Seventh Replenishment has brought in a total of US$15.7 billion. It was the culmination of a successful campaign that began more than a year ago. It is a remarkable achievement, not only because several public and private donors increased their pledges, in many cases by more than 30 per cent, but also because a record number of implementing governments – at least 20 – have stepped up to become donors as well.

This support will be dedicated to saving 20 million lives, averting 450 million new infections and generating new hope for ending AIDS, TB and malaria. This investment will also strengthen health and community systems to increase resilience to future crises.

Given its central role in the fight against pandemics, the Global Fund also plans to continue contributing to the global pandemic preparedness agenda in coordination with the World Health Organization, the World Bank and other partners.

What role does civil society have in the governance of UNAIDS?

The Joint United Nations (UN) Programme on HIV/AIDS, known as UNAIDS, was the first UN programme to have formal civil society representation on its governing body. The participation of CSOs on the UNAIDS Programme Coordinating Board is critical to the effective inclusion of community voices in this key global policy forum in the area of HIV/AIDS.

The NGO Delegation is composed of five CSOs, three from developing countries and two from developed countries or countries with economies in transition, plus five more acting as alternate members. Our purpose is to bring the perspectives and experience of people living with HIV/AIDS and those populations particularly affected by the pandemic, as well as civil society, to ensure that UNAIDS is guided by an equitable, rights-based, gender-sensitive approach to ensuring access to comprehensive HIV prevention, diagnosis, treatment, care and support for all people.

The existence of a community delegation within the highest governance body of a programme such as UNAIDS is critical to ensure the meaningful involvement of populations most affected by HIV at all levels of policy and programme development, implementation, monitoring and evaluation. Strengthening meaningful community engagement fosters a relationship of greater trust and respect with those of us who are the direct beneficiaries of any programme or policy.

The involvement of all stakeholders, provided it is transparent and based on mutual understanding, can minimise misunderstandings and reduce the likelihood of unnecessary conflict or controversy. This helps improve our access to rights and the provision of quality services necessary to ensure it, as well as addressing power inequalities between decision-makers and the community to establish more equitable and horizontal relationships.

Why is it important to incorporate the voices of communities in decision-making spaces?

There is an urgent need to develop additional strategies to address the HIV epidemic. A wide range of factors create, intensify and perpetuate the impact of the virus and its underlying determinants may be rooted in the cultural, legal, institutional and economic fabric of society.

To achieve a comprehensive response to HIV, it is essential to recognise power imbalances and address them by developing practices that prevent their inadvertent replication or reinforcement throughout the implementation of programmes and policies.

Local organisations have unique expertise to contribute to the HIV response. We have critical knowledge and understanding of local cultures, perspectives and language, the local dynamics of the HIV epidemic, the concerns of the most vulnerable or marginalised populations and local priorities that other stakeholders may not necessarily have. The community can help ensure that the goals and procedures of HIV response are appropriate and acceptable for them, in order to avoid reinforcing existing inequalities.

What does Fundación Huésped’s work consist of, both at the national level and within this global space?

Our comprehensive approach includes the development of research, practical solutions and communication related to public health policies in Argentina and Latin America. We seek to develop scientific studies and preventive actions and advocate for rights to guarantee access to health and reduce the impact of diseases, with a focus on HIV/AIDS, viral hepatitis, vaccine-preventable diseases and other communicable diseases, as well as sexual and reproductive health.

As representatives of civil society in UNAIDS, we actively seek the views of our communities on key issues related to UNAIDS policies and programmes, and advocate with governments and cosponsoring organisations – 10 UN organisations that make up the UNAIDS Joint Programme – for significant improvements in the implementation and evaluation of HIV/AIDS policies and programmes.

What challenges do organisations working on HIV/AIDS face and what support do they need to continue doing their work?

The HIV agenda is still current, with new challenges and the persistence of stigma, discrimination and rights violations. Forty years after the first cases of HIV were reported in the world, and thanks to scientific advances, the implementation of policies, plans and programmes, civil society activism and human rights achievements, there are more and better strategies available to control the virus, which could end AIDS today. Yet this year there were 1.5 million new HIV cases and 680,000 new AIDS-related deaths worldwide – including 110,000 cases and 52,000 deaths in Latin America and the Caribbean.

World AIDS Day, 1 December, is our annual opportunity to remind people that the HIV pandemic is not over. Over the past 40 years science has generated much innovation, but these benefits do not reach all people equally. The best science in the world cannot compete with the debilitating effects of poor health systems. To end AIDS we need to correct the course of the HIV response, starting with ending inequities. A better response is needed today. We cannot afford to waste any more time.

Get in touch with Fundación Huésped through itswebsite orFacebook page, and follow@FundHuesped on Twitter.
UNITED NATIONS: ‘Outstanding issues on the binding treaty on business and human rights are mainly political’
CIVICUS speaks with Fernanda Hopenhaym, chair of the United Nations (UN) Working Group on Business and Human Rights, about the process to develop a binding international treaty on business and human rights.

Why is a binding treaty on business and human rights so important?

The process to develop this treaty stems from the conviction that a legally binding instrument is needed to regulate the obligations of private companies and, above all, to facilitate access to justice for victims of their abuses. Its aim is to incorporate human rights protections in the context of business activity.

An international treaty would transcend the jurisdictional limitations of states. Transnational capital operates across borders. Huge numbers of companies in most sectors operate global supply chains. When abuses occur somewhere in these chains, it is very difficult for victims to access justice, as there are no justice mechanisms that transcend borders. Corporate operations are transnational but justice is not.

Of course, states must take measures at the domestic level, strengthen their regulations, improve their laws and develop public policy and action plans to ensure effective protection of human rights. And companies must also make commitments to improve their practices. The treaty under negotiation would be part of a package of measures that are complementary, not mutually exclusive.

The treaty process began in June 2014, when the UN Human Rights Council established an open-endedintergovernmental working group mandated to negotiate and agree on an international legally binding instrument to regulate the activities of transnational corporations and other business enterprises under international human rights law.

What role is the Working Group on Business and Human Rights playing?

TheWorking Group on Business and Human Rights is a UN special procedure, established by a 2011resolution of the Human Rights Council, with a mandate to promote, disseminate and implement theGuiding Principles on Business and Human Rights, exchange and promote good practices and lessons learned from the implementation of the Guiding Principles, and assess and make recommendations on these. Its mandate has been successively renewed in 2014, 2017 and 2020. It is composed of five independent experts, mostly academics, and has balanced geographical representation. I have been a member of the Working Group since 2021. The other four current members are from Australia, Nigeria, Poland and Thailand. Three of the five of us are women.

While it does not have any decision-making authority over the Treaty, the Working Group plays an important role. We participate in almost all negotiating sessions through roundtables and discussions and we provide technical opinions. We have commented on the draft articles and we encourage the proactive participation of states from different regions of the world.

One of the premises of the Guiding Principles is the development of measures that can be combined in order to address the problems that exist in relation to the protection of human rights in the context of business activity. A legally binding instrument is just one of those necessary measures.

The Working Group has been very clear in sending out a message favourable to the treaty negotiation process.

What progress has been made in negotiating the treaty?

In the previousinterview we had in 2018, the process had been going on for four years. At that time the fourth session of negotiations, based on the ‘zero draft’, was about to start in Geneva. And I was not yet part of the Working Group. Four more years have passed, and at the eighth session held in October 2022, the third draft, which emerged in advance of the 2021 negotiations, was discussed.

The pandemic affected the negotiation processes, partly because face-to-face contact was not possible for a long time. Representatives and delegates in Geneva, for example, were unable to meet in person for more than a year, so the possibilities for exchanges were severely limited. In turn, the pandemic affected the participation of civil society and other stakeholders in the discussions. Processes slowed down and therefore were extended.

Currently, the third draft is still being discussed, and Ecuador, which chairs the Intergovernmental Working Group, has apparently said that it will not bring yet another new draft to the table, but that changes, modifications and additions will continue to be made to this third draft. Eventually, all these adjustments will lead to a final draft.

The current draft has come a long way on issues such as acknowledging vulnerable groups, women, children and Indigenous peoples. Its scope, which was a very tough issue to negotiate, has also been clarified. In general, civil society’s position is to prioritise transnational corporations, while the current draft proposes that all companies should be under the umbrella of the treaty. The current draft reflects the position shared by our Working Group. A number of issues have been untangled, although there are still many things to be resolved.

What are the unresolved issues?

There are many discussions that are more political than technical. Some states and the private sector have said that the text is too prescriptive and rigid. Civil society has expressed that it wants more clarification and specificity on some issues such as the definition of the courts where cases covered by the treaty would be adjudicated and the consideration of the victims’ perspective, as the burden of proof remains a contentious issue. On this point the Working Group has been very clear: states have an obligation to facilitate access to justice and to remove barriers and obstacles for victims to access justice.

While the European Union (EU) and the USA participate in this process, they lack conviction on the direction of the text. The EU is very active, but I see divergent positions among its member states. Many countries, such as France, support it, but the EU as a whole maintains reservations.

One of the great triumphs of the early process was that China did not block it, but rather abstained. The same was true of India. This was partly because the treaty was supposed to be about transnational corporations. China has not approved of the extension of the treaty’s scope to all companies and has lately taken a more negative position.

African states have participated very little in the last two rounds of negotiations. We believe that South Africa, which was co-leader with Ecuador when the resolution that initiated the process was negotiated, is also unhappy with the expanded focus beyond transnational corporations. Ecuador has recently called for the formation of a ‘friends of theChair‘ group and Africa is the only region without participating members.

Latin America in comparison is participating quite proactively, although the region has experienced many political changes, including in Ecuador itself, which are likely to influence negotiating positions.

In sum, there are ongoing technical discussions on the draft articles, but most of the outstanding issues are mainly political discussions. For this reason, I think the process will take several more years.

Do you think that the final version of the treaty will meet civil society expectations?

My hope is that we will not be left with a treaty that sets out good intentions without establishing clear rules. As is the case in all negotiations of this nature, some of the issues civil society is calling for will probably be left pending. There is a lot to accommodate: the perspectives of states, the expectations of business and the private sector in general, and the demands of civil society and all rights holders.

I would expect a pretty good text, which in some ways reflects the character of the process, which has included a very strong civil society and social movements. From my perspective, the process has been sustained not only by the commitment of states to negotiate, but also by the impetus of civil society and dialogue among all involved.

My expectations are intermediate. With some caution as to the scope of the articles, I think the treaty will contain some elements that satisfy civil society, and particularly victims.

What work will need to be done once the treaty is adopted?

To begin with, I think there is a long way to go before this treaty is adopted. It may still take several more years. There is a long way to go in the negotiations and regarding the content of the text.

Once the treaty is adopted, ratification will have to be pushed through. Let us remember that international treaties only enter into force when a certain number of states ratify them, and only those states that ratify them are bound by them. This is where I see a huge challenge ahead. Hopefully, once we get to produce a good, comprehensive text, the process of ratification will not be so slow and cumbersome.

For this to happen, we will need a strong civil society to push states to ratify the treaty so it enters into force and becomes binding on the signatory parties. Again, I would expect this process to be long and arduous, as the issue of human rights protection in the context of business is a thorny one, given that there are many interests at stake. What lies ahead will be a big challenge for all involved.

Follow@fernanda_ho and@WGBizHRs on Twitter.