Surviving Overlapping Precarity in a 'Gigantic Hellhole'
stems from discrimination based in law or is a product of state succession. 29
Statelessness is categorically different from being undocumented. 30 However, the
UNHCR #IBelong campaign further details that being undocumented, for
instance, by virtue of no longer having access to one’s birth certificate, or through
circumstances of displacement, raises the risk of statelessness. 31
Indeed, this was already the position of some children born to Venezuelan
refugees in Colombia. 32 Since producing birth certificates is often challenged by
substantial bureaucratic hurdles when in displacement, the children of Venezuelan
refugees can sometimes obtain neither Colombian identity documentation nor
Venezuelan identity documentation. 33 This may leave them in a situation of
statelessness. With so many Venezuelan asylum seekers in Brazil, in a protracted
crisis amid the COVID-19 pandemic, we predict that similar hurdles may produce
similar challenges in this country.
Promisingly, Brazil is one of the few countries with a Statelessness
Determination Procedure (‘SDP’), established as a part of its 2017 New
Immigration Law. 34 Indeed, famous stateless activist Maha Mamo recently gained
Brazilian citizenship after she was formally recognised as stateless under this new
SDP. 35 We expect that the possibility of statelessness may increase due to the
uncertainty of status and increased immobility that many Venezuelan refugees
face during the pandemic in Brazil. However, a functioning SDP at least offers a
channel of remedy in case they find themselves in need of status determination.
CONCLUSION
Our research has found that the circumstances during the COVID-19 pandemic in
Brazil, greatly aggravated by a poor public policy response, has made Venezuelan
LGBTQI+ asylum seekers and undocumented migrants especially vulnerable. The
elimination of their livelihoods, uncertainty around their legal status, and the
discrimination and violence they face highlight the dangers of ‘politically
produced precarity’ and ‘overlapping precarity’. 36 Furthermore, there is a raised
risk of statelessness. Since producing documentation becomes difficult in
displacement, which has been compounded by the stagnation of bureaucratic
processes during the COVID-19 pandemic, we also point to this real possibility of
statelessness that deserves further exploration.
Ultimately, there needs to be better coordination between the Brazilian and
international and local organisations working with asylum seekers and
undocumented migrants. Reports indicate that if borders re-open in 2021, an
additional 1.6 million Venezuelans will leave the country. 37 This exodus will add
29
30
31
32
33
34
35
36
37
ibid.
ibid.
ibid.
Sergio Held, ‘Venezuelan Crisis: Stateless Children Facing Limbo in Colombia’, Al Jazeera
(online, 21 Aug 2019) <https://www.aljazeera.com/economy/2019/8/21/venezuelan-crisisstateless-children-facing-limbo-in-colombia>.
ibid.
Law No 13,445 2017 (Brazil) art 26 (Migration law).
Tim Gaynor, ‘Brazil Makes Dream of Belonging Come True for Stateless Activist’,
unhcr.org (News Report, 4 October 2018)
<https://www.unhcr.org/news/latest/2018/10/5bb6394a4/brazil-makes-dream-belongingtrue-stateless-activist.html>.
Fiddian-Qasmiyeh (n 14) 28.
Organization of American States (n 19) 4.
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