A/HRC/53/26
2.
Regularization mechanisms and programmes as promising practices
48.
The Special Rapporteur would like to highlight some of the measures that have been
implemented by States to facilitate the regularization of undocumented migrants. For
instance, Operation Papyrus, implemented in the Swiss Canton of Geneva in 2017 and 2018,
enabled people to apply for a residence permit without the support of their employer by
simply “self-declaring” their current working relationship. Several civil society organizations
took part in both the technical and political steering committees set up for the implementation
phase. Candidates had to meet five criteria to be eligible: continuous residence in Geneva for
5 years for families with school-aged children, or 10 years for others; being employed; being
financially independent; obtaining a certified A2 level in French; and being able to produce
a clean criminal record. Although each case was reviewed individually, the procedure was
standardized and based solely upon objective criteria, which made it easier to process many
cases in a short amount of time. Operation Papyrus lasted almost two years, and people who
started meeting the requirements halfway through the initiative could still apply. 34
49.
By the end of 2020, 56 per cent of Venezuelans in Colombia were undocumented.
The country’s ongoing regularization programme for Venezuelan nationals was launched in
2021, with 2.5 million Venezuelans registered and more than 1 million Venezuelans
documented through the regularization programme as at March 2023, making it the largest
regularization programme to date. This programme provides a temporary residence permit
valid for 10 years, during which time people can apply for an indefinite residence permit,
which requires five years of residence. Thus, the temporary protection provides ample time
for people to decide, prepare, apply for and acquire the indefinite permit. 35
50.
The Law on Migration in Mexico incorporates several options for regularization,
including visitor with permission to undertake economic activities; regional visitor; visiting
worker from the border countries of Mexico; visitor for humanitarian reasons; visitor for
reasons of adoption; temporary resident; temporary student resident; and permanent resident.
It should be highlighted that the visa for visitors for humanitarian reasons is granted in the
territory rather than before travel. The reasons for the granting of this visa include being a
victim of a crime or human rights violation in Mexican territory; being an unaccompanied
child or an asylum-seeker; or for any reason that the National Immigration Institute deems
sufficient when there is a humanitarian or public interest reason for allowing persons either
to enter the country or to access regularization once they are in the country.
51.
During the COVID-19 pandemic, Portugal enacted a temporary residence permit for
people with a pending application for asylum, residence or a work permit to ensure their
inclusion in the public-health response. The measure, which was adopted in May 2020 and
extended until 31 March 2021, temporarily regularized 246,000 people. 36 In 2020, the
Government of Canada implemented a pathway to permanent residency for asylum claimants
across the country who served as front-line workers during the pandemic providing direct
care to patients in health-care institutions. This approach recognized those with precarious
migration status who were filling an urgent need and putting their own lives at risk to care
for others in Canada.37
52.
The Deferred Action for Childhood Arrivals programme of the United States of
America, which went into effect in 2012, has provided over 800,000 undocumented migrant
youth who met eligibility requirements for age at arrival, education and criminal record with
the ability to reside legally in the country without risk of deportation and to receive a social
security number, pursue education, work and obtain a driver’s licence. 38
34
35
36
37
38
12
See submissions from Switzerland and the Platform for International Cooperation on Undocumented
Migrants.
See submissions from the Platform for International Cooperation on Undocumented Migrants and
Sures.
Caritas Europa, “Demystifying the regularisation of undocumented migrants”, p. 7.
Organization for Security and Cooperation in Europe (OSCE), “Regularization of migrants in an
irregular situation in the OSCE region: recent developments, points for discussion and
recommendations” (August 2021).
See submission from UNICEF.
GE.23-06641