Statelessness & Citizenship Review 2021 3(1) A Better Supporting Refugees During the Pandemic: What Can the Humanitarian Sector and the Government Do to Improve their Responses? Direct recommendations from those populations most impacted by the pandemic are valuable insights. We asked respondents for their perspectives on how organisations and the Government can better support refugees and asylum seeker populations during the pandemic. The responses can be categorised around: 1) improved protections through the documentation process, 2) access to food and shelter and 3) access to health facilities. Most agreed that documentation could be faster and that there could be more shelters in the border states. Additionally, the respondents were concerned about the lack of public health measures and educational campaigns about preventing the spread of the virus, as well as inadequate access to COVID-19 testing and hygiene products. 22 On improving the Government’s response, participants requested 1) increased protections through documentation, 2) access to skill and language training, 3) increased livelihood opportunities and 4) greater access to healthcare. A gay asylum seeker in his 20s or 30s stated that the Government needs to ‘offer training and Portuguese courses’. B Lessons for the Future: Access to Documentation and Healthcare Refugees in Brazil have access to different rights according to specific Brazilian legislation. Asylum law (Law No 9,474) guarantees the right to documentation to refugees. 23 Migration law (Law No 13,455) repudiates and prevents xenophobia, racism and any type of discrimination. 24 Article 4 of migration law (Law No 13,455) guarantees all immigrants access to public services, health services and social assistance with no discrimination based on nationality and migratory status. 25 Overall, the pandemic has restrained the services of the Federal Police, causing significant harm and confusion to the asylum seekers and undocumented migrants. 26 Additionally, with closed pandemic borders, the Venezuelans that arrive in Brazil using trochas are undocumented. Without status, undocumented Venezuelans are forced into precarious labour and are more insecure. It is recommended that in addition to opening the border, new assistance facilities are introduced in border states where Venezuelan migrants are arriving through trochas so that they are able to become documented. 27 THE LINK BETWEEN BEING UNDOCUMENTED AND STATELESSNESS Related to the aforementioned section, we consider the possibility that being undocumented leads to statelessness. Statelessness is a unique phenomenon or process in which an individual never obtained or lost their citizenship and does not have a means of recourse to reinstate their citizenship. 28 Statelessness often 22 23 24 25 26 27 28 Interview with Emilio Felix, Manager, Casa Miga (Tyler Valiquette, Zoom, 5 March 2021). Law No 9,474 1997 (Brazil) art 6 (Asylum law). Law No 13,445 2017 (Brazil) art 3(II) (Migration law). ibid art 4(VIII). Refugees Affected (n 16) 1452. Organization of American States (n 19) 5. ‘What is Statelessness?’, UNHCR (Web Page) <https://www.unhcr.org/ibelong/wpcontent/uploads/UNHCR-Statelessness-2pager-ENG.pdf>. 160

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