ciple (as in Brazil) have suffered under Colombia’s regime. Children of undocumented
migrants who must be naturalized to gain Colombian nationality face serious obstacles
in the state practice, including:
•
The cost of applying;
•
The fact that the process is only accessible online;
•
The lack of institutionalized coordination and cooperation between the Civil Registry and the Ministry of Foreign Affairs to help petitioners transit the administrative processes;
•
The absence of a campaign to inform undocumented migrants of the statelessness safeguard and children’s right to access Colombian nationality under such
safeguard; and
•
Public officials’ lack of knowledge regarding proper interpretation and implementation of the norms.
According to the 2005 census, 3.4% of Colombia’s population in Colombia, or
1,392,623 persons, self-identified as members of an indigenous group. Colombia has
a constitutional mandate as well as several legal provisions and protections specific to
indigenous groups.339 Yet the country has not specifically addressed indigenous groups’
challenges and needs in acquiring documentation of identity and nationality. These
hurdles include lack of access in remote regions, as well as language and cultural barriers that make the birth registration processes challenging and even burdensome.340
Colombia’s nationality laws and practices exist in a complex context. The country’s
conditional approach to jus soli, its long running internal conflict, and its significant
populations of IDPs, former emigres returning from Venezuela, and indigenous groups
all make the provision of nationality documents and prevention of statelessness highly
challenging. And the country has taken important steps to address these challenges. Yet,
clearly, more must be done to close the gap between aspiration and practice.
BORN IN THE AMERICAS
77
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