A/HRC/59/49/Add.1
needs, are in a highly vulnerable situation without any protection or access to legal
pathways.
82.
Without regular status, these individuals have access only to emergency
healthcare. Unable to apply for formal employment or take part in economic activities,
they are subject to heightened risk of exploitation and abuse and violence, including
gender-based violence and human trafficking. Lured by criminal and armed groups,
they may be forced to engage in illegal economic and other criminal activities.
83.
The intersection of irregular migration, internal armed conflict and organized
crime, both domestic and transnational, poses a significant challenge for Colombia.
Migrants, whether settled or in transit, are exposed to multiple risks, including injury
and death from violent actions in conflict-affected areas, forced displacement and
recruitment, kidnapping and exploitation, including sexual exploitation.
84.
The Darién region between Colombia and Panama remains one of the most
dangerous routes for people on the move. On the Colombian side, the near absence of
State institutions and the strong presence of the Gulf Clan in the area has created a
phenomenon where migrants are transported towards the Darién region in a highly
organized manner, under the control of criminal groups known by the State.
B.
Recommendations
85.
A generous commitment has been made: to honour it, Colombia needs to enhance
its implementation and sustainability. The Special Rapporteur notes with concern the
uncertainty and sudden reduction of foreign financial aid in this area, which poses a
serious threat to the coherence of migration policies in Colombia and may negatively
affect the human rights of the migrant and refugee population in the country. In view
of the challenges, the Special Rapporteur calls on the international community and
major donor countries, including the United States, to act in solidarity with countries
in the region and to ensure continued financial investment and support to Colombia,
relevant United Nations agencies and civil society organizations in order to enhance the
stability and integration of the migrant and refugee population.
86.
As migrants and refugees continue to arrive, Colombia should accelerate the
design and implementation of additional regularization, integration and protection
measures and make adjustments to current measures aimed at enhancing the protection
of and access to rights for migrant and refugee populations. In the meantime, Colombia
should strengthen regional and international cooperation and design long-term plans
for migrants and refugees currently residing in the country, taking into account the
foreseeable return of Colombians and further arrivals from both the south and the
north.
87.
In this regard, the Special Rapporteur calls on all relevant actors in the region,
especially Panama and the United States, to uphold multilateralism and enhance
coordination with Colombia and to improve the effectiveness of protection responses
for individuals in mixed movements through the Darién region. Enhanced coordination
can also expedite durable solutions and optimize financial resources. Countries in the
region should also establish secure and reliable channels for the exchange of
information to enhance coordination in responding to individuals in need of
international and human rights protection.
C.
Recommendations to Colombia
88.
Colombia must enhance the capacity of its asylum system and ensure effective
access to protection to individuals of all nationalities in need of international protection.
In doing so, Colombia should prioritize the identification of protection profiles through
a comprehensive protection-sensitive entry system, which could also benefit countries
in the region.
GE.25-06163
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