Situation of asylum seekers in 2000

In the fall of 2000, 500 Colombians fled attacks by Colombian paramilitary forces and entered Venezuela (AP 5 Sept. 2000). The Venezuelan government, which agreed to comply with the international standards for the treatment of refugees (ibid.), also maintained that these Colombians were not considered refugees but rather "internally displaced persons in transit" (IPS 8 Sept. 2000; St. Petersburg Times 19 Sept. 2000; JRS n.d.), "temporarily displaced" persons (Latinamerica Press 5 Nov. 2001), or "people in transit" (Latin American Regional Reports 3 Apr. 2001). According to a source from the Venezuelan Foreign Ministry, these terms were used to avoid recognizing their refugee status and thereby prevent an exodus of hundreds of thousands more Colombians to Venezuela (JRS n.d.).

In September 2000, the non-governmental organization PROVEA reported that the Venezuelan authorities sent some of the 500 refugees back to Colombia "without any guarantee for their lives and physical integrity" (St. Petersburg Times 19 Sept. 2000).

Situation of asylum seekers in 2001

In August 2001, the Venezuelan national assembly passed the Organic Law on Asylum and Refugees (OLAR), which prohibited Venezuela from forcibly returning refugees to their country of origin and granting them the right to apply for asylum (EFE 31 Aug. 2001; IPS 20 Sept. 2001). Refugee claimants had to report to the Foreign Ministry within 48 hours of entering Venezuela (ibid.).

A representative of the United Nations High Commissioner for Refugees (UNHCR) stated that "the law is one step forward in providing a solution for people who seek asylum in Venezuela . . . [but] the legislation alone will not solve the problem of hundreds of Colombians who continue to cross the border into Venezuela, as long as the government does not recognize them as refugees" (ibid.). It is worth noting that Venezuela is a signatory to "the Convention relating to the Status of Refugees, approved by the U.N. and enacted in 1954, and of the Protocol of 1967, which commits signing nations to providing protection for whoever is declared a refugee" (ibid.; JRS n.d.). Among the 1.5 million Colombians who live in Venezuela, only one third are legal residents (Latinamerica Press 5 Nov. 2001).

Situation of asylum seekers in 2002 and 2003

From 2000 to 2003, at least 100,000 Colombians fled to Venezuela to escape the civil war in their country (IPS 13 May 2003).

The OLAR, passed in 2001, had still not been implemented by the end of 2003 (AI 2003), because "there was still no body to process applications" (HRW 2003). Consequently, in September 2002, more than 1,000 Colombians were awaiting a decision on the applications they had filed (ibid.).

In April 2003, two displaced Colombians were assassinated by Colombian paramilitary groups inside Venezuelan borders, in the region of Jesús María Semprún (El Universal 27 Apr. 2003). A regular presence of Colombian paramilitary groups in Venezuela has been reported (AI 2003) since 1999 (IHT 2 June 2003), although an IPS article indicated that there are only "sporadic incursions" of Colombian armed forces in Venezuela (1 Aug. 2003).

In August 2003, between 1,875 (HRW Jan. 2004; PROVEA n.d.b) and 2,000 Colombians (JRS n.d.) went to UNHCR camps along the border to apply for refugee status (IPS 13 May 2003). It is estimated that the actual number of displaced persons is "infinitely greater . . . because these are people who not only do not identify themselves as having fled the violence, but who would put their lives and those of their families at risk if they formally applied for asylum" (ibid.). A diplomat stated that there are between 100,000 and 150,000 displaced Colombians in the Venezuelan states of Zulia, Táchira and Apure (ibid.).

The Jesuit Refugee Service (JRS) reported in August 2003 that "forty-three execution-style killings" had been committed the previous year in one Venezuela-Colombia border municipality alone (HRW Jan. 2004). "Colombian paramilitaries and guerrillas, as well as Venezuelan armed groups and criminal gangs, appear to be responsible, but so far such groups have operated with near complete impunity" (ibid.).

Situation of asylum seekers in 2004

In February 2004, for the first time in history, Venezuela granted refugee status to Colombian asylum-seekers (El Universal 9 Feb. 2004). By recognizing 47 Colombians as refugees (JRS 19 Mar. 2004), the Venezuelan government indicated that Colombians who are granted refugee status in the future would be protected (ibid.; El Universal 9 Feb. 2004).

During a 25 March 2004 telephone interview, a lawyer working for the Venezuelan Program for Human Rights Education and Action (Programa Venezolano de Educación-Acción en Derechos Humanos, PROVEA) corroborated information regarding the precarious situation of Colombians claiming refugee status in Venezuela. Although the first refugees were granted their official status early in the year, there are still more than 1,000 refugee claimants who will have to wait two to four more years before their claims are accepted (PROVEA 25 Mar. 2004). During this time, they are not entitled to government assistance, have no financial stability, and are not allowed to study (ibid.).

Treatment by the Venezuelan authorities

In just two days in 1999, some 20,000 people fled Colombia for Venezuela; they were allowed to stay in Venezuela only briefly before being returned to Colombia (ibid.). According to the St. Petersburg Times, the policy of non-recognition of refugee status for Colombians fleeing paramilitary attacks is already responsible for the deaths of dozens of Colombian refugees sent back to their country (19 Sept. 2000). The Venezuelan government, for its part, insisted that these repatriations are voluntary (St. Petersburg Times 19 Sept. 2000), but the UNHCR "has trouble confirming" this (EFE 4 Nov. 2000).

Representatives of several NGOs providing aid to displaced Colombians believe that "Venezuela is not sufficiently protecting refugees" (ibid.). According to the UNHCR, these Colombians are entitled to protection under the Cartagena convention of 1984, but experts on the region stated that displaced Colombians are treated better in Ecuador than in Venezuela (ibid.).

An IPS article indicated that the Colombians who have entered Venezuela "will not report to the authorities as long as there are not institutions in place prepared to assist them" (20 Sept. 2001). The Attorney General's Office, however, has begun "conducting assessment interviews of Colombian refugees as they arrive at the [Venezuelan] border" (IPS 20 Sept. 2001).

The Human Rights Watch World Report 2002 expressed some concerns regarding at least seven asylum seekers who were forcibly returned to Colombia in October 2000 (HRW 2002). In February 2001, hundreds of Colombians crossed into the Venezuelan State of Zulia, but their presence was denied by both the Colombian and Venezuelan authorities; these refugees "were reported to be undocumented and suffering from malnutrition and disease" (ibid.). A month later, "the Inter-American Commission on Human Rights issued an urgent appeal to the Venezuelan government not to return the 287 refugees and to . . . provide them with humanitarian assistance" (ibid.).

Many Colombians were also intimidated by members of the Venezuelan military and pressured into returning to Colombia, even though this put their lives at risk (IPS 20 Sept. 2001). Asylum seekers considered [translation] "illegal" by the Venezuelan authorities are frequently arrested or harassed by Venezuelan security forces, in particular, by the National Armed Forces (Fuerza Armada Nacional, FAN) (PROVEA n.d.b).

The socio-economic situation of asylum seekers

In addition to problems with the Venezuelan authorities, asylum seekers face socio-economic problems, such as "the xenophobia Venezuelans have expressed" toward the Colombians who are moving into their towns and worsening conditions in the slum areas (IPS 20 Sept. 2001). It is worth noting, however, that the vast majority of Colombian immigrants have settled in the border states of Zulia, Táchira and Apure (ibid.; El Universal 27 Apr. 2003; JRS n.d.). According to PROVEA, 89 per cent of Colombian asylum seekers have settled in these three states (PROVEA n.d.b). Applications for asylum by Colombians increased rapidly in 2002, and most Colombian asylum seekers lacked economic (HRW 2003) and legal security (PROVEA n.d.b). In addition to being denied access to basic health care and educational facilities, these Colombians not only risk reprisals from the Colombian paramilitary groups that cross the border (ibid.), but also face deportation as "illegal immigrants" (HRW Jan. 2004).

It is still quite difficult for asylum seekers to find gainful employment (JRS n.d.). The majority are poor country folk with mainly farming experience; therefore, they often work as day labourers on farms in the border region for low wages and with no social assistance (which is normally offered to all Venezuelans) (ibid.). The Colombian asylum seekers in the country's major cities are generally more educated, but cannot continue their studies or obtain a well-paying job (ibid.).

Non-governmental organizations

According to the JRS, there are 17 human rights NGOs in Venezuela, many of which are dedicated solely to the situation of refugees (JRS n.d.). Among the NGOs providing aid to asylum seekers from Colombia are the JRS (Jesuit Refugee Service) (ibid.), the Catholic Apostolic Vicariate of Machiques (IPS 6 Feb. 2001), the United Nations High Commissioner for Refugees (UNHCR) (ibid. 8 Sept. 2000), Minga (AP 19 Dec. 2002), PROVEA (PROVEA n.d.a), and the Andrés Bello Catholic University Human Rights Centre (Centro de los Derechos Humanos de la Universidad Católica Andrés Bello) (ibid. 25 Mar. 2004).

Aid offered by NGOs

In September 2001, the UNHCR was expected to open a new office near the border to offer assistance to more Colombian refugees (EFE 31 Aug. 2001). Working in partnership with other NGOs, the office was to provide refugees with first aid and help them file claims for refugee status (ibid.).

Minga, an NGO helping Colombians who were forced to flee their country because of paramilitary violence, received France's annual award recognizing the defence of human rights and accepted 18,000 euros in prize money, which it plans to use to help Colombians living in the region of Catatumbo (AP 19 Dec. 2002).

Treatment of NGO members

Because of the escalation of violence along the Venezuela-Colombia border, the UNHCR requested that the Venezuelan authorities guarantee the safety of humanitarian workers so that they can accomplish their mission to help the Colombians without fearing for their own personal safety (UNHCR 1 Apr. 2003).

According to Amnesty International, "criticism of the authorities or the opposition sometimes led to verbal attacks on the integrity of human rights defenders, intimidation and threats" (AI 2003).

On 27 August 2003, a human rights activist named Joe Luis Castillo was assassinated in Machiques, State of Zulia, close to the Colombian border (Weekly Update on the Americas 7 Sept. 2003). His wife and son were seriously injured (HRW Jan. 2004). Castillo worked as coordinator of the Apostolic Vicariate of Machiques, an NGO helping displaced Colombians in Venezuela (Weekly Update on the Americas 7 Sept. 2003). He was also an employee of the UNHCR (Country Reports 2003 25 Feb. 2004, Sec. 1.a). Both Castillo and his organization had received threats because of their work (Weekly Update on the Americas 7 Sept. 2003). According to Weekly Update on the Americas, several Colombian paramilitary forces operate in the region surrounding Machiques (ibid.). Castillo's colleagues continued to receive threats after his death (HRW Jan. 2004).

A lawyer at PROVEA noted that, even though NGOs are strongly criticized by Venezuelan authorities, they are not [translation] "persecuted" (PROVEA 25 Mar. 2004). She also mentioned the death of Joe Luis Castillo, as well as threats made against another human rights advocate, Liliana Ortega, but she doubted that the government was behind them (ibid.).

In a 26 March 2004 telephone interview, the JRS coordinator said that, in general, NGO staff who protect Colombian asylum seekers are not mistreated, but that they have received threats from unknown sources. The coordinator spoke of Joe Luis Castillo's death, but was unable to comment on who was presumed responsible (JRS 26 Mar. 2004). She also noted that asylum seekers are often mistreated by members of the Venezuelan military along the border, including being arrested and tortured (ibid.). She claimed that she was aware of instances in which NGO staff had been victims of these acts, but she could not provide any more details (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). 2003. Amnesty International Report 2003. http://web.amnesty.org/report2003/ven-summary-eng [Accessed 25 Mar. 2004]

The Associated Press (AP). 19 December 2002. Javier Baena. "Thousands of Displaced Colombians Have Fled to Border Towns, Says Human Rights Group." (NEXIS)

_____. 5 September 2000. Alexandra Olson. "Venezuela, UN at Odds Over Presence of Colombian Refugees." (NEXIS)

Country Reports on Human Rights Practices 2003. 24 February 2004. United States Department of State. Washington, DC. http://www.state.gov/g/drl/rls/hrrpt/2003/27923.htm [Accessed 25 Mar. 2004]

EFE News Service. 31 August 2001. "UNHCR Opens Office in Venezuela to Protect Colombian Refugees." (NEXIS)

_____. 4 November 2000. Joaquin Rabago. "Venezuela Criticized for Poor Protection of Colombian Refugees." (NEXIS)

Human Rights Watch (HRW). January 2004. "Venezuela." http://www.hrw.org/english/docs/2004/01/21/venezu6980.htm [Accessed 25 Mar. 2004]

_____. 2003. Human Rights Watch World Report 2003. http://www.hrw.org/wr2k3/americas10.html [Accessed 25 Mar. 2004]

_____. 2002. Human Rights Watch World Report 2002. http://www.hrw.org/wr2k2/americas10.html [Accessed 25 Mar. 2004]

Inter Press Service (IPS). 1 August 2003. "Venezuela: Kidnaps, Murders Heat Up Border with Colombia." (NEXIS)

_____. 13 May 2003. Humberto Márquez. "Venezuela: Refugee Status Granted to Colombians Fleeing War." (NEXIS)

_____. 20 September 2001. Mildred Pineda. "Rights-Venezuela: Asylum Offered for Colombians Fleeing War." (NEXIS)

_____. 6 February 2001. Andrés Caizlez. "Venezuela-Colombia: Refugees, Paramilitaries Spill Over Border." (NEXIS)

_____. 8 September 2000. Jos Zambrano. "Venezuela: Colombians Fleeing Violence-Displaced or Refugees?" (NEXIS)

International Herald Tribune (IHT) [Neuilly-sur-Seine]. 2 June 2003. Juan Forero. "Rebellion in Colombia Spreads Turmoil to its Neighbors." (NEXIS)

Jesuit Refugee Service (JRS), Caracas. 26 March 2004. Telephone interview with the coordinator.

_____. 19 March 2004. "47 personas declaradas refugiadas." http://www.serviciojesuitaarefugiados-vzla.org/noticias_anteriores/19-marzo.html [Accessed 25 Mar. 2004]

_____. n.d. Térida Guanipa Muñoz, Lina Peña, Patricio Benalcázar. "Fronteras silenciosas." http://www.serviciojesuitaarefugiados-vzla.org/declaraciones/bolivar.html [Accessed 25 Mar. 2004]

Latin American Regional Reports: Andean Group. 3 April 2001. "Chavez, Pastrana Talk Things Over; Presidents Make Face-to-Face Bid to Resolve Disputes." (NEXIS)

Latinamerica Press [Lima]. 5 November 2001. Vol. 33, No. 39-40. "Legal Backing for Refugees." (NEXIS)

Programa Venezolano de Educación-Acción en Derechos Humanos (PROVEA), Caracas. 25 March 2004. Telephone interview with a lawyer.

_____. n.d.a. "¿Qué es PROVEA?." http://www.derechos.org.ve/ongs_ven/provea/quees.html [Accessed 26 Mar. 2004]

_____. n.d.b. "Balance de la situación de derechos humanos." http://www.derechos.org.ve/situacio/informes/anual/15/balance.html [Accessed 25 Mar. 2004]

St. Petersburg Times. 19 September 2000. Phil Gunson. "Colombian Villagers Have Nowhere to Run." (NEXIS)

United Nations High Commissioner for Refugees (UNHCR). 1 April 2003. "ACNUR preocupado por los cientos de desplazados cerca de la frontera entre Colombia y Venezuela." http://www.acnur.org/paginas/index.php?id_pag=1218 [Accessed 25 Mar. 2004]

El Universal [Caracas]. 9 February 2004. "Venezuela reconoce estatus de refugiados a colombianos." http://www.eluniversal.com/2004/02/09/09A432237.shtml [Accessed 25 Mar. 2004]

_____. 27 April 2003. Monica Castro. "Paramilitares ejecutan a colombianos en Venezuela." http://www.eluniversal.com/2003/04/27/27154DD.shtml [Accessed 25 Mar. 2004]

Weekly Update on the Americas. 7 September 2003. "Venezuela: Rights Activist Murdered." (NEXIS)

Additional Sources Consulted

Internet sites, including: Centro de Derechos Humanos de la Universidad Católica Andrés Bello, El Clarín, International Federation for Human Rights (FIDH), La Nación, Página/12