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>.
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