A/HRC/59/49/Add.1
Inter-American Commission on Human Rights and the jurisprudence of the Inter-American
Court of Human Rights. In the context of migration, the Inter-American Court has developed
guidelines on the rights of migrants, establishing, among other principles, the prohibition of
criminalization of irregular migration and the right not to be arbitrarily expelled. Colombia
has also ratified the American Convention on Human Rights, its Additional Protocol on
Human Rights in the Area of Economic, Social and Cultural Rights and the Inter-American
Convention on International Traffic in Minors.
20.
As a State Party to the regional Cartagena Declaration on Refugees of 1984, Colombia
has incorporated the expanded refugee definition from the Cartagena Declaration into its
legislation, which broadens the definition in Latin America to include persons fleeing
generalized violence, massive human rights violations and other circumstances that seriously
disturb public order.
21.
Colombia participates in various forums and initiatives that seek to coordinate
responses to migration challenges and opportunities, including: pro tempore presidencies at
the Andean Committee of Migration Authorities of the Andean Community, the Los Angeles
Declaration on Migration and Protection and the Brasilia Consensus of 2023, within which
it serves as focal point on migration issues. During 2024, Colombia held the pro tempore
presidency of the South American Conference on Migration (Lima Process), and coordinated
the Technical Group Movement of People and facilitator of migratory transit of the Pacific
Alliance. Colombia also participates in the Specialized Migration Forum of the Southern
Common Market (MERCOSUR), the Ibero-American Forum on Migration and Development
and the Quito Process.
C.
National legal, policies and institutional framework and recent progress
National legislation on migration or relevant to the human rights of migrants
22.
The Constitution of Colombia of 20 June 1991 guarantees, in its article 13, that
everyone shall receive “equal protection and treatment from the authorities, and shall enjoy
the same rights, freedoms, and opportunities without any discrimination on account of gender,
race, national or family origin, language, religion, political opinion or philosophy”.
23.
Decree 2840, adopted by the Government on 6 December 2013, establishes the
procedure for the determination of refugee status and the rules on the Advisory Commission
for the Determination of Refugee Status, which are currently compiled in the Single Decree
of the Foreign Affairs Administrative Sector 1067 of 26 May 2015.
Legislative measures in response to increased mixed migration movements in the
country since 2017
24.
Following the unprecedented movements of refugees and migrants from the
Bolivarian Republic of Venezuela to Colombia, Colombia adopted Decree 216 of 1 March
2021, by which the Temporary Statute of Protection for Venezuelan Migrants was enacted
under the temporary protection regime. As discussed above, under the temporary statute,
Venezuelans who met certain conditions were granted the right to stay in Colombia for
10 years. The statute applied to Venezuelans who were in Colombia with a regular permit
(for example, an entry and permanence permit, a temporary permanence permit or a special
permanence permit) or in an irregular situation before 31 January 2021. The statute also
applied to Venezuelans who entered in a regular manner through a migration control post
within the first two years of the statute’s validity. Currently, registration is open for:
Venezuelan migrant children enrolled in preschool and primary and secondary education,
until 2031; children who are protected by Colombia within the framework of the
Administrative Process for the Restoration of Rights or the Adolescent Criminal
Responsibility System covered under the Code on Children and Adolescents; and cases
provided for in resolution 4713 of 30 December 2024.
25.
Law 2136 of 4 August 2021 provides guidelines, definitions, principles and
responsibilities for Colombian authorities under a comprehensive migration policy to
promote safe and regular migration, in accordance with international commitments. To that
GE.25-06163
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