CASE STUDY
The Wayuu People
The Wayuu people reside in the northern part of South America, in an area
extending across the national borders of Colombia and Venezuela.341 The Wayuu
traditionally moved freely across borders and have strongly advocated before the
authorities of both countries for the right to continue to do so.342 Border police do
not always require a national identity card or a passport, particularly from those
wearing traditional Wayuu clothing or speaking Wayuunaiki, but they have been
known to do so, which makes any difficulty in obtaining identification documents
a significant problem for members of the group.343
The Constitutions of both Colombia and Venezuela entitle the Wayuu people to
dual nationality on a jus soli basis, based on a principle of reciprocity between the
two states.344 However, the administrative processes governing issuance of identity
documents in both countries345 leave most Wayuus with only one nationality and
leave some in a state of unconfirmed nationality, entitled to dual nationality yet
in many respects functionally stateless.346 Wayuu applicants are unable to obtain
identity documents.347 In addition to occasionally causing problems in crossing the
border, the lack of documentations prevents the Wayuu from accessing services
at hospitals, government offices, and schools.
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COUNTRY PROFILES
l
COLOMBIA
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