Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation; however, the government did not respect these rights.
On October 5, the government announced the creation of a special migration police unit. Although some NGOs expressed concern the government would use the unit to restrict international travel of select individuals, the government asserted the force would essentially be customs and border patrol units. The government declared the migration police would provide citizen security at migration points and established 72 points of control to monitor the border situation and dispel what it called myths regarding a supposed Venezuelan migratory crisis.
The government did not cooperate with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.
Abuse of Migrants, Refugees, and Stateless Persons: With the refugee status determination process centralized at the National Refugee Commission (CONARE) headquarters in Caracas, asylum seekers often waited for years to obtain a final decision. During this period they had to continue renewing their documentation every three months to stay in the country and avoid arrest and deportation. While traveling to the commission, particularly vulnerable groups, such as women with young children, the elderly, and persons with disabilities, faced increased personal risks, such as arrest and deportation, extortion, exploitation, and sexual abuse by authorities at checkpoints and other locations.
On September 24, CONARE announced it would approve refugee applications for 54 Colombians who were awaiting approval. CONARE president Juan Carlos Aleman remarked the commission had more than 1,100 active requests for refugee status and that CONARE would respond to all of the requests in the next few months.
Arbitrary detentions continued but were reduced during the year. Security forces often used excessive force to control residents in states along the border with Colombia.
While no official statistics were available, a women’s shelter reported recurring problems with gender-based violence and trafficking of refugee women.
Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
In-country Movement: The government restricted the movement of certain opposition leaders, preventing them from traveling on government-controlled airlines and refusing to allow them to board some domestic flights.
Foreign Travel: Obtaining a passport became increasingly difficult during the year. Prospective applicants waited overnight in lines and often did not receive passports even after years of delays. Some applicants reportedly paid several thousands of U.S. dollars to obtain a passport. The government repeatedly seized passports from journalists, members of the opposition, and National Assembly deputies at ports of entry without explanation as they attempted to depart the country.
Exile: There were new cases of citizens denied the right to return during the year. For example, the government released jailed University of Los Andes student leader Villca Fernandez on June 14, requiring that he leave the country as a condition of his release. SEBIN officials had arrested Fernandez in 2016 after he sent a tweet defending himself after then PSUV first vice president Diosdado Cabello threatened Fernandez on his weekly televised show. SEBIN officials reportedly tortured Fernandez, refused him medical attention, and kept him in solitary confinement, releasing him for less than 15 minutes at a time to use the bathroom.
PROTECTION OF REFUGEES
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to UNHCR, the vast majority of asylum seekers came from Colombia. UNHCR estimated there were 7,860 recognized refugees and 173,000 persons in need of international protection in the country in 2017. The majority of such persons remained without any protection. Despite the increased migration of Venezuelans to neighboring countries, NGOs supporting displaced Colombians noted many chose to remain in Venezuela despite the economic crisis, citing a cost of living comparatively lower than in Colombia, fear of violence, or the ease with which they could travel between the two nations without relocating. Most of the Colombians had not accessed procedures for refugee status determination due to the inefficiency of the process. UNHCR reported that few persons in need of international protection were legally recognized as refugees.
Access to Basic Services: Colombian asylum seekers without legal residency permits had limited access to the job market, education, and health systems. The lack of documentation created significant challenges to achieving sufficient protection and long-term integration. Authorities permitted Colombian children to attend school but inconsistently granted them diplomas or certificates of completion without residency documentation, resulting in high dropout rates for Colombian children.