A rights-based assessment of the Temporary Protection Statute for Venezuelans in Colombia

Since 2015, the multidimensional crisis in Venezuela has resulted inmassive emigration. Over 2.4 million Venezuelan refugees and migrants live in neighboring Colombia, and, in 2021, almost one million of them were undocumented. Such exceptionally high numbers of migrants in irregular, precarious status led to the Colombian government’s concerns about migration control, human rights, and social inclusion. In response, in March 2021, the government launched an ambitious regularization scheme, the Temporary Protection Statute for Venezuelan Migrants (TPSV), which is currently being implemented. This Essay first explores the extent to which Colombia’s international human rights law obligations contributed to the creation of the TPSV. Second, it assesses how the scheme interacts with existing statuses used by Venezuelan migrants in Colombia. Third, it identifies concerns that the TPSV and its implementation raise under international law. By adopting the TPSV, the Colombian government took a significant step towards a rights-oriented approach to managing mixed migration. Yet, while the TPSV regulations are rife with human rights rhetoric, we raise questions about whether the scheme, in its totality, is compliant with international law.