A/HRC/59/49/Add.2
4.
Biometric testing and racial profiling
39.
When migrants arrive in Bajo Chiquito and Lajas Blancas, they are subject to racial
profiling and selected to undergo biometric testing on the basis of their nationality,
ethnicity, appearance and other physical features. Data collected is shared with the
Government of the United States. At the time of the visit, owing to the significant decrease
in the number of migrants crossing the Darién region, biometric testing was conducted on
all migrants.
5.
Disappearance of migrants
40.
Migrants and refugees risk death and disappearance in the Darién region and on the
various maritime routes between Colombia and Panama. Most migrants who have traversed
the Darién region have encountered lifeless bodies, some already at advanced stages of
decomposition. According to the International Organization for Migration, at least
537 persons died or disappeared in the Darién region between 2015 and 2024. Information
on the disappearance of migrants is heavily underreported. Since 2021, the Institute of
Forensic Medicine and Science has documented the disappearance of 2,151 migrants and
the retrieval of 313 bodies, postmortem examinations have been conducted on the remains
of 237 persons, and the remains of 187 persons have been buried, all individually. Based on
the Institute’s analysis, while the cause of death in some cases has seemed to be related to
drowning or sickness, forensic evidence in others has indicated that the cause of death was
a gunshot wound or stabbing.
41.
In the absence of a unified database on missing migrants, there are discrepancies in
the numbers and forensic evidence gathered by different institutions. While identity
information might be recorded and stored at first, the identification of remains becomes
impossible as a result of miscommunication or lack of proper protocols for the sharing and
storage of information.
6.
Asylum system
42.
While most migrants travelling north would prefer to continue their journey once
they have traversed the Darién region, some, in need of international protection, submit
asylum applications at the migrant reception centre in Lajas Blancas and find themselves
confined to the centre. Only in extremely exceptional cases are asylum-seekers allowed to
leave the centre while awaiting a decision on the admissibility of their applications. This
practice contradicts Executive Decree No. 5 of 16 January 2018, on refugees, under which
freedom of movement while awaiting such a decision is guaranteed.
43.
In the absence of a legally established maximum period for the consideration of an
application, asylum applicants may be deprived of liberty and kept in migrant reception
centres for months until they receive any decision on the admissibility of their applications.
In case of rejection, applicants have five days to submit an appeal. The combination of
restriction of movement, lengthy and indefinite waiting times, insufficient conditions in the
migrant reception centres and the lack of alternative placement has the effect of turning
asylum-seekers away.
44.
Recognizing the lack of efficiency in the process, the Government is committed to
accelerating the process. According to the information received, waiting times for the
decision on admissibility have improved. Recent asylum applicants in the Darién region
have received a decision on admissibility within approximately two weeks. The National
Office for Refugee Affairs reports that it has one social worker in the Darién region, and
that there are plans to hire an attorney. Nationally, most asylum applications are not
submitted from the Darién region. In 2024, the National Office for Refugee Affairs
received 461 applications in total, of which 58 were from the Darién region. Among the
22 recognized refugees, seven were from the Darién region. There remains one admissible
case pending consideration by the National Commission for the Protection of Refugees,
which meets every two months.
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