A/HRC/59/49/Add.1
89.
When considering asylum applications, priority should be given to cases of those
at risk of political persecution or in imminent danger.
90.
While welcoming the adoption of Decree 0089 of 25 January 2025, Colombia
should speedily move to implement to it to ensure that asylum-seekers may exercise
their right to work and access rights and services from the time of the admission of their
application.
91.
In the meantime, to ensure effective protection of the Venezuelan refugee and
migrant population, Colombia should introduce non-refoulement safeguards to current
and future regularization permits (for example, the Temporary Protection Statute for
Venezuelan Migrants and the special residence permit for legal representatives or
guardians of children and adolescents).
92.
At the practical level, Colombia should also double its efforts to simplify
application processes and facilitate applicants to overcome administrative barriers. To
ensure effective access to the rights of temporary protection permit cardholders,
Colombia should enhance its efforts to conduct awareness-raising campaigns to ensure
public institutions, especially service providers, recognize the temporary protection
permit and fulfil their obligations to provide access to services.
93.
Colombia should consider accelerating the establishment of State-run shelters
that comply with regional and international commitments to provide humanitarian
assistance to migrants of all nationalities.
94.
Colombia should also consider granting opportunities to legal stay for nationals
other than Venezuelans. The Special Rapporteur notes with appreciation the efforts of
the Government in designing additional measures, complementary to the Temporary
Protection Statute for Venezuelan Migrants, including the special residence permit for
legal representatives or guardians of children and adolescents for the parents of
children who obtained temporary protection permits through their enrolment in school.
95.
Colombia should enhance migrants’ access to formal employment and legal
economic activities and also establish alternative mechanisms to foster contributions to
the tax base and the social security system from those who work in the informal
economy. This is essential if migrant and refugee populations are to provide economic
benefits to the host society, thus enhancing the sustainability of the Colombian
migration policy.
96.
Since regular status is a precondition to access the formal job market in
Colombia, the continuation and stability of regularization as a policy response to mixed
migration movements in the country is key.
97.
The Government should enhance the protection of migrants with vulnerabilities
through the adoption of intersectional approaches that recognize the multidimensional
reality and experience of migrants, based on their migratory, economic and social status,
age, gender and sexual orientation. Enhanced understanding of these overlapping
interactive factors would facilitate a nuanced understanding of their complex
marginalization and help with the design of comprehensive programmes to protect and
assist these individuals.
98.
Colombia should continue its efforts to eliminate, condemn and counter all forms
of discrimination and xenophobia and to reshape harmful and dehumanizing narratives
against migrants and refugees. This includes not only recognizing their contributions to
Colombian society but also affirming their rights and dignity as rights-holders.
99.
The model of cooperation among municipal, departmental and national
governments should be reviewed to establish clear and shared responsibilities, in both
financial and administrative aspects, for the integration of migrants.
100. In relation to the situation in the Darién region, the Special Rapporteur
recommends that Colombia enhance the presence of the State at border areas to provide
an institutional response to migration. It is essential that efforts are doubled to enhance
awareness-raising campaigns regarding the risks migrants face when crossing the
jungle.
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