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

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