A/HRC/59/49/Add.1
inside the country in irregular status. Since regularization mechanisms are only applicable to
Venezuelans, many migrants, without access to any legal pathways, and some with
international and human rights protection needs, are left in irregular, precarious and
vulnerable situations. The lack of regular status limits their access to formal employment and
economic opportunities, increasing their vulnerability to exploitation, forced labour and
engagement in illegal activities controlled by criminal and armed groups. Criminal and armed
groups take advantage of the economic desperation of migrants, coercing them into illicit
economic and criminal activities, including drug trafficking and extortion.
57.
Women, children and LGTBIQ+ persons, especially those in irregular situations, face
heightened risks of sexual and gender-based violence, human trafficking, recruitment by
trafficking networks and sexual exploitation.
58.
Children and adolescents, both accompanied and unaccompanied, are particularly
exposed to serious violations of their rights. Migrant children are at risk of forced labour,
early marriages, abortions and sexual and gender-based violence. The lack of legal status
further restricts their access to education and healthcare, leaving them in a vulnerable position.
In some cases, families are separated along migration routes, with children left alone, at risk
of exploitation and abuse.
H.
Disproportionate impact of violence related to armed conflict
59.
Migrants and refugees in Colombia face severe risks and are often victims of violence,
known as “doble afectación”, owing to the intersecting impacts of irregular status, armed
conflict and organized crime. Many settle in impoverished urban areas or rural regions where
illicit economies and criminal activities thrive under the control of criminal and armed groups.
The groups impose coercive control over settled or transiting migrant populations, subjecting
them to extortion, forced labour and sexual exploitation in cases of resistance or lack of
cooperation.
60.
In addition, migrants travelling through conflict-affected territories are often caught
in crossfires, where they may be subjected to restrictions on movement, kidnappings or risk
of injury and death. Criminal networks operating along migration routes have been reported
to impose tolls on migrants, demanding payments in exchange for passage, with some being
forced to transport illicit goods, such as drugs, under threat of violence. Those who cannot
afford to pay are often subjected to further abuses, including forced labour and sexual
exploitation.
61.
The recruitment of migrants, including children, by armed groups remains a critical
concern, as many are coerced into participating in illicit activities or armed confrontations.
In conflict-affected areas, migrants often become victims of forced displacement or
confinement. The absence of institutional protection further exacerbates their vulnerability,
as many are unable to seek legal recourse or access protection and reparation mechanisms.
Additionally, local communities sometimes perceive migrants with suspicion, further
exposing them to stigmatization, discrimination and targeted violence by criminal and armed
groups.
62.
Migrant victims of internal armed conflict struggle to obtain the same protection as
Colombian victims if their migration status is not regularized. Migrants in irregular situations
often encounter bureaucratic and administrative barriers when seeking recognition and access
to reparation. Efforts are under way to address this gap. It is also worth mentioning that
Law 2421 of 2024 recognizes as victims “those individuals who, individually or collectively,
have suffered harm to their rights due to events occurring since 1 January 1985, including
those who are abroad, regardless of their migratory status in the country where they reside,
whether they enjoy international protection measures, refuge, or asylum, as a consequence of
violations of international humanitarian law or international human rights standards, or in
cases of crimes against natural resources and the environment, occurring in connection with
the internal armed conflict” (art. 3). The adoption of Directive 002 of 14 January 2025 also
marks an important step forward in this regard. The Directive calls on State entities to
guarantee the protection and care of migrant victims of internal armed conflicts, regardless
of their migratory status. The Directive aligns with the country’s constitutional, legal and
GE.25-06163
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