By: Emily Green
Impunity Watch Reporter, South America

BOGOTA, Colombia – In light of the continuing crisis in Venezuela, the United Nations has asked the region to treat the population as “refugees” who are unable to go home, as opposed to mere economic migrants. Meanwhile, Colombia is calling out for urgent help along its border because of the humanitarian “catastrophe.”

The United Nations Refugee Agency, UNHCR, released a three-page report with new guidance for governments to address the situation of persons in need of international protection and humanitarian assistance. It is titled “Guidance Note on the Outflow of Venezuelans.” The report recommends that countries do not deport, expel or forcibly return Venezuelans in view of the current situation. Also, it asks countries to guarantee refugees residency and the right to work, even if they are residing in the country illegally or without proper identification papers.

The increase of migrants has exploded in the past few years. Since 2014, there has been a 2,000% increase in the number of Venezuelan nationals seeking asylum. While 94,000 have been able to access refugee procedures in 2017, many more have not. Most seek legal arrangements that will help them get the right to work and access to health and education as quickly as possible. Still, hundreds of thousands reside illegally in asylum countries. This has resulted in high levels of exploitation, trafficking, violence, sexual abuse, discrimination, and xenophobia.

In response to these startling numbers, UNHCR encourages states to provide Venezuelans with access to refugee procedures. It calls on governments to adopt pragmatic protection-oriented responses, including alternative stay arrangements and temporary visas. Additionally, it calls for other programs that will supply basic needs of health, education, family unity, freedom of movement, and shelter. UNHCR stresses the importance of people not being deported or forcibly returned to Venezuela.

These guidelines seem to reproach Colombia’s current methods. As an overwhelmed neighbor, Colombia has been deporting and barring Venezuelans. Last month, Colombian immigration began requiring new Venezuelan arrivals to present passports even though they have become extremely difficult for people to obtain. These methods have decreased the number of Venezuelans entering the country on a daily basis by 30%.

However, more than 600,000 Venezuelans have already entered Colombia in the past couple of years. Border towns, like Cucuta, are struggling to maintain their homes. Officials have encouraged foreign aid to be sent to Colombia since it is hosting the bulk of the migrants. Organizations such as the World Food Program are present in Colombia helping to deal with the crisis.

The director of the World Food Program, David Beasley, said “Colombia has made so much progress in the past many years with peace and the last thing it needs now is for all that success to be undone. So I will be expressing to other nations the severity of this crisis and why they must come to help the Colombian people immediately.”

Currently, UNHCR is working with governments to address the basic needs of the crisis. It developed a regional response plan that covers eight countries and the Caribbean sub-region. Specifically, the goal is to strengthen national asylum and other international protection processes to foster an effective response to this crisis.

For more information, please see:

IRIN – As Colombia tightens its border, more Venezuelan migrants brave clandestine routes – 13 March 2018

TRT World – UN says refugee claims by Venezuelans surging – 13 March 2018

UNHCR – As Venezuelans flee throughout Latin America, UNHCR issues new protection guidance – 13 March 2018

Miami Herald – As Venezuelans flee collapsing country, UN asks other nations to treat them as refugees – 12 March 2018

ABC News – UN official warns of humanitarian “catastrophe” in Venezuela – 12 March 2018

By: Emily Green
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – Argentina’s government said it would consider holding a referendum on legalizing abortions. After seven proposals for bills that would decriminalize abortion, this is the first time the center-right government has ever agreed to consider it.

On Tuesday, more than 70 Argentine lawmakers of various political parties presented a bill to legalize elective abortions for women in the first 14 weeks of pregnancy. Most lawmakers wore green handkerchiefs symbolizing the abortion rights movement and cheered as the bill was introduced. Cabinet Chief Marcos Peña said the issue is “on the table.”

Historically, abortion has been a controversial issue in the predominately Catholic nation. Right now, it is only allowed in Argentina in cases of rape, cases where a woman’s health is at risk, or cases where there is a severe malformation of the fetus. In 2012 the Supreme Court passed a ruling to remove barriers and take judges out of the decision. However, women must still apply to a judge for permission to get an abortion. Critics consider it an unnecessary requirement intended to delay the procedure. Regardless of the legislation, doctors and judges continue to block abortions.

While legislative efforts have failed in the past, new initiatives have gained momentum. This bill was introduced at a ceremony attended by dozens of activists. Following 13 years of struggle, the National Campaign for the Right of Legal Safe and Free Abortion has gained the support of over 500 organizations and prominent figures. The group said, “over the past weeks, Argentine society has proved that it was not only prepared to debate about abortion but also to make a decision in favor of its decriminalization and legalization.”

The group also stated, “the State does not fulfill with the international treaties regarding women’s rights and people with the ability to be pregnant: in this country, between 370,000 and 520,000 abortions are carried out every year in secrecy, with about 49,000 women ending at the hospital because of complications related to unsafe surgeries.”

Argentina’s health ministry reaffirms those numbers and estimates that up to 522,000 Argentine women undergo illegal abortions every year. Several Latin American countries outlaw abortion in any circumstance. However, some have legalized therapeutic abortions.  The U.N. Population Fund reported that eight percent of women’s deaths worldwide are due to unsafe abortions. In Latin America and Africa, about 25% of all abortions are classified as unsafe and performed under substandard conditions.

Argentina’s President Mauricio Macri said he was personally opposed to relaxing the country’s abortion laws, but assured that he would give Congress a free vote.

For more information, please see:

Americas Quarterly – The Surprising Politics Behind Argentina’s Abortion Debate – 7 March 2018

BBC News – Argentina abortion: Referendum ‘on the table’, government says – 6 March 2018 

Washington Post – Argentina lawmakers propose legalizing elective abortion – 6 March 2018

Telesur – Argentine Women’s Groups Hopeful About Legalizing Abortion – 4 March 2018

By: Emily Green
Impunity Watch Reporter, South America

RIO DE JANEIRO, Brazil – Thousands of Brazilians are taking part in a vigil to honor a politician who was brutally murdered, Marielle Franco. In the days leading up to her death, Franco campaigned heavily against police brutality.

The 38-year-old Rio city councilor for the left-wing Socialism and Liberty Party was shot dead in her car on Wednesday evening. After leaving a meeting about empowering black women, a car pulled up alongside hers. Attackers sprayed her car with bullets which fatally injured her and her driver, Anderson Pedro Gomes. Additionally, a press officer working for Franco was injured while sitting in the back seat.

The Brazilian director of Human Rights Watch, Maria Laura Canineu, described Franco as “an outspoken and courageous advocate for victims of police abuse and a tireless defender of the rights of women and Afro-Brazilians.” She added, “Brazilian authorities need to respond decisively by identifying those responsible for the killing of Marielle and Anderson, and bringing them to justice.”

Franco grew up in an impoverished community in Rio. She became an activist and was elected to city council in 2016 as the only black female representative and one of seven women in the council. She became president of the women’s commission and was recently appointed to rapporteur of a municipal commission to monitor the federal intervention in policing Rio.

This federal intervention began in February when President Michel Temer handed over control of the state police and prisons to the armed forces. Franco had been a vocal critic of the measure, pointing out that it threatened to raise bloodshed without addressing the root cause of violence. In the days leading up to her death, she posted several tweets about police killings and assumed responsibility for conducting oversight of the military intervention.

As of Thursday afternoon, no suspects have been taken into custody. Rio’s civil police is responsible for investigating the killing. If needed, it is supposed to collaborate with federal police. Human Rights Watch asks that the army general in charge of the military intervention makes sure that investigators have the necessary independence and resources to find the killers. Also, Amnesty International urged that the investigation be rigorous and focus on the context, motive, and responsibility for the killing.

Canineu says, “The climate of near total impunity in Rio de Janeiro needs to end once and for all. Marielle and Anderson are the latest victims of a security system that has long failed to stop violence, or to ensure justice for the victims.”

On Thursday, thousands of Brazilians marched to the Rio state assembly to protest Franco’s murder. Many wore black and chanted against the police. One woman, Ilona Szabo, said that Franco “represented hope for so many women who never felt like they had a voice.”

For more information, please see:

BBC News – Brazil: Vigil held for Rio politician killed in drive-by shooting – 15 March 2018

Human Rights Watch – Brazil: Assassination of Rights Defender, Driver – 15 March 2018

New York Times – Killing of Rio de Janeiro Councilwoman Critical of Police Rattles Brazil – 15 March 2018

The Guardian – Protests held across Brazil after Rio councillor shot dead – 15 March 2015

The Citizen – Thousand of Brazilians mourn slain Rio councillor, rights activist – 15 March 2018

By: Emily Green
Impunity Watch Reporter, South America

RIO DE JANEIRO, Brazil – The Brazilian Supreme court issued a groundbreaking human rights ruling that people accused of non-violent crimes are allowed to await trial under house arrest instead of in detention centers. This rule applies to women who are pregnant, who have children up to twelve years of age, and people with disabilities.

This decision came in the wake of public outcry about pretrial detention conditions. In December, Human Rights Watch reported that conditions were worsening and pre-trial detention was growing dramatically. Brazilian prisons lack adequate care for pregnant women and newborns. Prenatal and postpartum medical care are minimal or non-existent. Also, two thirds of female detention centers lack designated facilities for pregnant women and babies.

Before this decision, the Brazilian Criminal Code stated that judges “may” determine house arrest instead of preventative detention when a woman is pregnant or has a child of up to twelve-years-old. Now, justices have decided that this exception needs to become a rule. After the decision is published, courts will have to comply with the order within sixty days. Human Rights Watch estimates that up to 15,000 women could be released. However, it will not affect inmates who have been found guilty.

While Human Rights Watch celebrates the ruling, the organization says Brazil still has work to do on prison reform. Brazil must address “excessive pretrial detention for all, and ensure all pregnant women and mothers in detention are held in humane conditions, with adequate health care, in compliance with Brazilian law and international standards.”

The public outcry stemmed from stories like Jessica Monteiro’s. She was arrested for allegedly possessing ninety grams of marijuana. At twenty-four years old, she had no criminal record, was pregnant, and was throw into a filthy police precinct cell. She went into labor the next day and was taken to a hospital to give birth. The court held a hearing in her absence where a judge ruled that she should remain in jail pending her trial. A few days later, police returned her to the cell where she slept on a mattress on the floor with her newborn.

Several have raised criticism over the ruling. The President of the Federation of Penitentiary Servants, Allan Vieira, stated that “women could be used by criminal enterprises to commit crimes while on house arrest including carrying weapons and drugs into the jails.”

While this will not affect the male incarceration rate, officials hope this will relieve overcrowding in women’s prisons.

For more information, please see:

IR Insider – Brazil Supreme Court Issues Landmark Human Rights Ruling – 4 March 2018

The Nation – Deceit at a Brazilian ‘Crisis Pregnancy Center’ – 28 February 2018

The Jurist – Brazil top court rules pregnant woman will no longer serve pre-trial detention in jail – 23 February 2018

Human Rights Watch – Pregnant Women Will No Longer Await Trial in Brazilian Jails – 23 February 2018

Folha de S. Paulo – Pregnant Women and Mothers of Children of Up to 12 Years of Age to Be Placed on House Arrest – 21 February 2018

By: Emily Green
Impunity Watch Reporter, South America

CUCUTA, Colombia – The mass exodus of Venezuelans desperate to leave their country are overwhelming the continent. Venezuela has spurred one of the biggest migration crises in Latin American history.

The International Organization for migration reports that nearly one million Venezuelans have left their country over the past two years, with a surge during the second half of 2017 when the economy took a hit. One immigration expert, Tomas Paez, says that “our migration levels are now comparable to Syria or to Bangladesh.”

Colombia’s border cities are taking the worst of the crisis. Roughly 250,000 migrants have crossed the border into Colombia since August, with 3,000 still arriving every day. Approximately 3,000 troops are fanning out across the 1,400-mile border in an effort to contain the migration. The government had to suspend the issuance of temporary visas for Venezuelans last month. It has begun operations to capture and expel illegal immigrants. The regional director of a Catholic charity in Colombia, Willington Munoz Sierra, considers this a humanitarian crisis. He says, “In Venezuela, children are dying. People are starving and being persecuted. What they’re getting from us is a door in the face.”

Similarly, Brazil has declared a state of “social emergency” in response to the massive influx of migrants. In recent months, 40,000 Venezuelans have poured across Brazil’s northern border. The migration has stressed infrastructure and caused security concerns. Residents in border cities worry about crime and Venezuelans taking away jobs. Brazilian President Michel Temer assessed the crises and suggested that some migrants could be moved to other states. Still, he insisted that Brazil would not turn its back on the refugees and pledged $20 million to the cause. The military has doubled its troops in border areas and established a field hospital for migrants.

All Latin American nations are feeling the impact of the crisis to some extent. Peru has seen the largest percentage increase in Venezuelan population. From 2015 to 2017, it increased 1,388%. In response, Peru is offering temporary resident permits to Venezuelans which grants them the right to work. Likewise, Panama has been overwhelmed with Venezuelans. It has imposed new visa requirements making it more difficult for migrants to be granted asylum.

Jozef Merkx, representative for the U.N. high commissioner for refugees in Colombia, said the agency is concerned about the operations that expel migrants lacking valid visas. However, it is harder to classify its people as refugees in need of international protection because Venezuela is not at war. He says, “People fleeing Syria were generally seen as refugees, but that’s not the case with Venezuelans. Venezuela is not being bombed. It has some of the dimensions [of a refugee crisis], but not all Venezuelans are refugees.”

For more information, please see:

Chicago Tribune – Venezuelans are fleeing their crisis-torn country en masse – 3 March 2018  

Washington Post – The Crisis Next Door – 2 March 2018

Reuters – Special report: A journey on a caravan of misery – 2 March 2018

DW – Brazil to declare ’emergency’ in response to Venezuela migrant influx – 16 February 2018