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Over half a million people crossed the Darin Gap in 2023, often heading to the United States. During their journey through this difficult terrain, Venezuelans, Haitians, and Ecuadorians, as well as people from Asia and Africa, have experienced serious abuses, including sexual violence. Dozens, if not hundreds, have lost their lives or gone missing trying to cross. Many have never been found.

Our findings show that Colombia and Panama are failing to effectively protect the international human rights of migrants and asylum seekers transiting through the Darin Gap. Under the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR), treaties Colombia and Panama have ratified, governments have an obligation to protect the right to life and physical integrity of people in their territory, including transiting migrants and asylum seekers, and to investigate violations effectively, promptly and thoroughly. Additionally, both governments have an obligation under the International Covenant on Economic, Social and Cultural Rights and the Protocol of San Salvador to take appropriate steps to ensure access to food, water, and essential health services for all people in their territory without discrimination.

In a worrying step, on March 4, the Panamanian government suspended the work of Mdecins Sans Frontires (MSF or Doctors without Borders) in the country, arguing that their agreement with the humanitarian group had ended in December. MSF, which played a leading role in assisting migrants and asylum seekers, including hundreds of victims of sexual violence, said it has repeatedly sought to renew the agreement.

Crimes against migrants and asylum seekers in the Darin Gap, including pervasive cases of sexual violence, go largely uninvestigated and unpunished on both sides of the border. Accountability for these abuses is rare, due to a combination of limited resources and personnel, a lack of a criminal investigation strategy for these cases, and poor coordination between Colombian and Panamanian authorities.

In the meantime, Colombian and Panamanian authorities should do more to respect their international human rights obligations discussed in this report. They should ensure the economic and social rights of migrants and asylum seekers crossing their countries, as well as local communities, prevent abuses against by armed groups and bandits, and carry out meaningful efforts to investigate, prosecute, and punish abuses. Both Colombia and Panama should appoint a special advisor or senior official to coordinate the response to increased migration across the Darin Gap and bolster the cooperation among the two governments and with UN and other humanitarian agencies.

Both governments should work with humanitarian organizations and local communities to establish a joint mechanism to rescue people who go missing in the Darin Gap and to identify and recover dead bodies in the jungle. They should also strengthen efforts to prevent and investigate sexual violence against migrants and asylum seekers, including by increasing forensic capacity in the region, prioritizing investigations into these cases and addressing obstacles that make it harder for victims to report crimes. Working with humanitarian organizations, governments should bolster medical, including psychological, assistance for victims.

Whatever the reason for their journey, migrants and asylum seekers crossing the Darin Gap are entitled to basic safety and respect for their human rights along the way. Colombia and Panama can and should do more to protect their rights.

Human Rights Watch also interviewed by phone migration experts, as well as international, regional, and local organizations and legal clinics working with migrants and asylum seekers throughout the region, including in Brazil, Chile, Colombia, Ecuador, and Peru.

Human Rights Watch informed all participants of the purpose of the interview, its voluntary nature, and how the information would be used. Each participant orally consented to be interviewed. They did not receive any payment or other incentive. Where appropriate, Human Rights Watch provided migrants and asylum seekers with contact information for organizations offering healthcare, legal, social, or counseling services.

Human Rights Watch took care when interviewing survivors of abuses, particularly of sexual violence. When possible, Human Rights Watch received information from humanitarian workers supporting survivors to minimize the risk that recounting their experiences could further traumatize the survivors.

Human Rights Watch reviewed academic studies regarding migration in Latin America, as well as data and reports by the Colombian, Panamanian and US governments; UN agencies; international, regional, and local human rights and humanitarian organizations; local legal clinics; and media outlets.

Significantly, Human Rights Watch obtained access and analyzed anonymized data from 1,382 surveys of migrants and asylum seekers conducted by the Office of the UN High Commissioner for Refugees (UNHCR) in the Darin Gap between July 2022 and June 2023.[2]

The Darin Gap is a swampy jungle that lies between the Colombian state of Choc and the Panamanian province of Darin, forming a natural border not only between those countries, but also between South and Central America.

Despite a significant drop from in 2020, caused by border closures and quarantine measures adopted in response to the Covid-19 pandemic, the number of people crossing the Darin Gap soared by almost 4,000 percent between 2020 and 2022.[6] The number of people crossing has increased dramatically in recent years, reaching a record of over 500,000 crossings in 2023.[7] Panamanian authorities estimate that the number will reach around 800,000 crossings.[8]

Transit routes through the Darin Gap have changed over the years in response to the needs of migrants and asylum seekers and restrictions imposed by Panamanian authorities as well as by the Gulf Clan.[9]

Migrants and asylum seekers start their journey across the Darin Gap by boat in Necocl or Turbo, in Colombia. After staying for a couple of hours or overnight in shelters in Acand or Capurgan, migrants and asylum seekers start their days-long journey through the jungle, sleeping in their tents or outdoors along the way. Interviewees describe climbing steep hills until reaching the summit where a flag marks the border with Panama.

MSF assisted 328 people who reported sexual violence while crossing the Darin between April and December 2021;[12] 232 in 2022; and 676 in 2023, including 214 only in December.[13] In January 2024 MSF recorded 120 more cases.[14] MSF considers the total number of survivors to be likely higher.[15]

Victims, humanitarian workers, and Panamanian authorities told Human Rights Watch that in most cases of sexual violence, armed men ambushed groups of migrants and asylum seekers, separated them by gender, and forced the women to take off their clothes. Women said that the men sexually assaulted them, often under the pretext of searching for hidden money, and in some cases raped them.[16]

By the time migrants and asylum seekers arrive to Necocl or Turbo to start their journey across the Darin Gap, they have walked or traveled for days.[20] Many told Human Rights Watch that they crossed entire countries facing extortion, abusive migration authorities, and discrimination, and that they had to sleep and ask for money in the streets to continue their journey.[21]

The main need on the Colombian side of the Darin Gap is food, according to the Norwegian Refugee Council (NRC) and the Interagency Group for Mixed Migration Flows (Grupo Interagencial de Flujos Migratorios Mixtos, GIFMM), a coordination platform for humanitarian actors and government agencies. Other needs included potable water, shelter, child protection, and health services.[22]

Since late 2022, the GIFMM, co-led by UNHCR and IOM, has been coordinating the efforts of humanitarian organizations and local authorities, leading to some improvements in the overall humanitarian response.[23] Additionally, in 2023, Colombian authorities increased their presence in the Gap, deploying personnel from Migracin Colombia, the state agency handling migratory issues, and the ICBF, charged with child protection.[24]

In 2023, the Ministry of Equality and Equity established a Directorate for Migrant Population to oversee migration matters. Its goal is to implement policies that safeguard the rights of migrants, including those in transit, and to coordinate immediate humanitarian aid and socio-economic integration.[25] The ministry is currently developing a protocol and a policy to assist migrants. The ministry told Human Rights Watch that they plan to open centers to assist migrants and asylum seekers in Necocl, Turbo, Acand and Capurgan.[26]

Despite these efforts, Human Rights Watch found serious shortcomings that put migrants and asylum seekers at risk. Among them, authorities have no reliable estimate of the number of migrants and asylum seekers in the area or those crossing to Panama, or of their humanitarian needs.[27]

In June 2023, Migracin Colombia introduced the Safe Transit app (Trnsito Seguro), allowing foreign individuals with irregular status in Colombia to stay in the country and use buses or other forms of transportation for up to 10 days without facing penalties.[28] Officers from Migracin Colombia told Human Rights Watch that they assume migrants have left after the 10-day period but make no attempt to verify or register their departure.[29]

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