These undocumented migrants lack the resources or influence to assert their rights,
leaving their children prone to statelessness.
Political and Historical Background
Early citizenship laws in Colombia reflected the country’s transition from a Spanish
colony to an independent state. Like Chile’s first Constitution, Colombia’s first was
modeled on the Spanish Constitution of 1812, the Constitución de Cádiz,253 maintaining the distinction between nationality (nacionalidad) and citizenship (ciudadanía)254
throughout its Constitutions, including the current one. A citizen is a national who has
reached age of 18 and can exercise the right to vote.255 The Constitution retains a special
naturalization process for citizens of Spain, as well as for citizens of Latin American and
Caribbean countries, as a result of the region’s historical connections.
As one researcher has pointed out, historical factors—especially low rates of
immigration—have shaped Colombia’s approach to nationality as distinctive from that
of other states in the region:
The Colombian citizenship regime was also influenced by the long and arduous
conflicts between Liberals and Conservatives and the difficult process of state
building. These conflicts, along with the historically low rates of immigration,
even during the peak of Latin American immigration at the turn of the twentieth
century, helped create a citizenship regime that stands in contrast to most other
states in the Americas.256
As in most countries in the Americas, when Colombia was established as an
independent state, birth in the territory was the main basis for nationality.257 Colombian
nationality also extended to those who resided in the territory prior to independence. In
addition, children born abroad to Colombian nationals also had the right to nationality;
thus nationality based on descent, exceptional in the region, extends back to the country’s beginnings, at which time it included territories that now comprise Venezuela,
Ecuador, and Panama. Colombia’s evolving constitutional framework has always had
jus sanguinis provisions.258
Since 2005, economic and political crises in Venezuela259 have led to a major
influx of immigrants into Colombia from Venezuela.260 For approximately five years,
migrants from Venezuela were mainly wealthy families who established legal permanent residence in Colombia. The country welcomed the financial resources they brought,
and Colombia’s flexible immigration framework261 made it easy for Venezuelans to
integrate into Colombian society, particularly in the country’s large urban centers. But
64
COUNTRY PROFILES
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COLOMBIA
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