New from WOLA: Migrants in Colombia—Between government absence and criminal control

[Adam Isacson]

WOLA Report: Migrants in Colombia—Between government absence and criminal control

WOLA has just published a report about migration to, through, and from Colombia, based largely on fieldwork that colleagues and I carried out in the Colombia-Ecuador and Colombia-Panama border regions in October and November 2023.

(Did I have to go on my current work sabbatical to find the time to finish this report and get it out the door? No comment.)

I think it turned out great: it’s loaded with facts and images, and had a lot of reasonable policy recommendations for a situation that promises to remain extremely challenging for quite some time.

The text of the Executive Summary is below. Read the whole thing as a web page, a PDF, or un resumen en español.

EXECUTIVE SUMMARY

For this report, WOLA staff paid a two-week research visit to Colombia’s borders with Panama and Ecuador in late October and early November 2023. Here are 5 key findings:

1. Organized crime controls the migrant route through Colombia. From the informal crossings or trochas at the Ecuador border to every step of the way through the Darién jungle border with Panama, violent criminal groups are in control. That control is dispersed among many groups near Ecuador, and concentrated in a single, powerful group—the Gulf Clan—in Colombia’s Darién region. Their profits from migrants now sit alongside cocaine and illicit precious-metals mining as a principal income stream for Colombia’s armed and criminal groups, some of which the International Committee of the Red Cross considers parties to armed conflicts. ^[1]

2. The Colombian state is absent from both border zones, although this is a reality that we have observed in past fieldwork in many of Colombia’s zones of armed conflict and illicit crop cultivation. The national government is not doing enough to manage flows, determine who is passing through, or protect people at risk. At all levels of government, responsible agencies are poorly coordinated and rarely present. Checkpoints, patrols, and detentions are uncommon, but so are humanitarian services and access to protection. Despite ambitious plans to “introduce the state” to conflictive areas—most recently, Colombia’s 2016 peace accord—key points along the migration route are vacuums of governance that get filled by armed and criminal groups.

3. Colombia faces challenges in integrating Venezuelan refugees and migrants. Amid Venezuela’s collapse, Colombia’s humanitarian response to fleeing Venezuelans remains more complete and generous than those of much of South America. However, the Colombian government’s recent trajectory is troubling. It is now harder for Venezuelans—especially more recent arrivals—to get documentation and to access services in Colombia. Pathways to permanent residency, including asylum, barely exist. As those efforts lag and people fail to integrate, more are joining in-transit migrants, attempting the dangerous journey north.

This reality has a differentiated and more severe impact on the more than a quarter of people transiting Colombia, or seeking to settle in Colombia, who are adult women—especially women heads of migrant households—and the nearly a quarter who are children. The risk of physical harm including sexual violence, or of enduring hunger or lack of access to health care, is much more challenging for women, Black, Indigenous, and LGBTQ+ migrants.

4. At the same time, U.S. supported initiatives to help Colombia integrate migrants, to open up legal migration pathways for some who wish to come to the United States, and to encourage greater cooperation and collaboration between states seeking to manage this moment of heavy migration are promising. However, we note that at the same time, the U.S government orients much of its diplomatic energy and security programs toward minimizing the flow and discouraging Colombia and other states from making the journey more orderly, for fear that it might encourage more to travel. As a result, governments and migrants receive a muddled, unclear message from Washington that, for migrants, can be drowned out by poor-quality information gleaned from social media.

5. Resources to help Colombia and other nations along the migrant route are scarce, meeting only a fraction of projected needs—and they are shrinking as wars elsewhere in the world draw humanitarian resources away.

Countries like Colombia that are experiencing large amounts of U.S.-bound migration have a very difficult needle to thread. Blocking migrants is a geographic impossibility and would violate the rights of those with protection needs. Providing a managed “safe conduct” and an orderly transit pathway with robust state presence would prevent today’s immense harms and loss of life while cutting organized crime out of the picture—but the impression of “green-lighting” migration alarms the U.S. government. While some states do something in between: some measure of blocking, detaining, and deporting that dissuades few migrants but creates robust opportunities for organized crime, human traffickers, and corrupt officials who enable them, Colombia is leaning into an additional option: do little to nothing, with minimal state presence, leaving a vacuum that armed and criminal groups are filling.

This poor menu of options for managing in-transit migration leads WOLA to recommend some version of “safe conduct,” even a humanitarian corridor—but with an end to Colombia’s hands-off, stateless approach. Creating a safe pathway through Colombia must come with vastly increased state presence, far greater implementation of migration policies from a protection and human rights approach, dramatically improved cooperation between governments, and strongly stepped-up investment in integrating people who would rather stay in Latin America.

Until it expands legal migration pathways and vastly improves its immigration court system’s capacity, much migration will be forced into the shadows. This situation will worsen further as the Biden administration implements a June 5, 2024 ban on most asylum applications between the U.S.-Mexico border’s ports of entry. In that context, the United States must be more tolerant of efforts to provide safe conduct to migrants. U.S. tolerance of such approaches, though, would hinge on big changes to the “neglect migrants in transit,” “de-emphasize integration,” and “cooperate minimally with neighbors” status quo in Colombia and elsewhere.

Read the whole thing as a web page, a PDF, or un resumen en español.

Adam Isacson (he/him), Director for Defense Oversight

WOLA: Advocacy for Human Rights in the Americas (www.wola.org)

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