Migration Policy Regimes in Latin America and the Caribbean

Migration Policy Regimes 1

Human Mobility Governance Series

Migration Policy

Regimes in Latin

America and the

Caribbean

Immigration, Regional Free

Movement, Refuge, and

Nationality

Migration Policy Regimes 2

This project was carried out under the overall coordination of Felipe Muñoz, head of the Migration

Unit, by Diego Acosta, professor of migration law at the University of Bristol and consultant to the

IDB Migration Unit, in collaboration with Jeremy Harris, specialist at the Migration Unit. The following

experts assisted with the coding of the data on the various countries included in the project: Ignacio

Odriozola, Laura Sartoretto, María Eugenia Moreira, Luuk van der Baaren, and Alexandra Castro. Mauro

de Oliveira provided support with organizing the database and developing the online analytical tools.

Juan Camilo Perdomo and Kyungjo An helped review the database. The authors are grateful to José

Ignacio Hernández and two anonymous referees for their comments on the text.

Cataloging-in-Publication data provided by the

Inter-American Development Bank

Felipe Herrera Library

Acosta, Diego.

Migration policy regimes in Latin America and the Caribbean: immigration, regional free movement, refuge, and

nationality / Diego Acosta, Jeremy Harris.

p. cm. — (IDB Monograph ; 1010)

Includes bibliographic references.

1. Immigrants-Latin America-Social conditions. 2. Emigration and immigration law-Latin America. 3. Immigrants-

Latin America-Labor market. 4. Immigrants-Latin America-Economic aspects. 5. Naturalization-Latin America.

I. Harris, Jeremy. II. Inter-American Development Bank. Migration Unit. III. Title. IV. Series.

IDB-MG-1010

JEL Codes: F22, F66, H11

Key Words: Migration, Regularization, Access to Labor Markets, Citizenship, Migrants’ Rights.

tribution-NonCommercial-NoDerivatives (CC-IGO BY-NC-ND 3.0 IGO) license (https://creativecommons.org/licen-

ses/by-nc-nd/3.0/igo/legalcode) and may be reproduced with attribution to the IDB and for any non-commercial

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Inter-American Development Bank, its Board of Directors, or the countries they represent.

Note: The data presented in this study is valid as of December 31, 2021.

Migration Policy Regimes 3

By Diego Acosta and Jeremy Harris.

Migration Policy Regimes in

Latin America and the Caribbean

Immigration, Regional Free Movement,

Refuge, and Nationality

Migration Policy Regimes 4

CONTENTS

Executive Summary 6

Introduction 8

1. International Instruments 10

1.a Main international United Nations human rights treaties 10

1.b International treaties that aect the regulation of human mobility 13

1.c Instruments that are not international treaties 14

Findings relating to international instruments 16

2. Regional Instruments 18

2.a Regional conventions 18

2.b Other indicators for regional cooperation 18

2.c Subregional instruments on the free movement of persons 19

Findings in regional instruments 21

3. Visa-Free Entry 22

4. Temporary Residency 25

4.a Preferential access to temporary residency 25

4.b Permanent regularization mechanisms 28

4.c Extraordinary regularization programs 29

5. Rights While Resident 31

5.a Right to work 31

5.b Right to healthcare 31

5.c Right to education 35

5.d Right to family reuniﬁcation 35

5.e Right to permanent residence 36

5.f Right to vote 38

Migration Policy Regimes 5

CONTENTS

6. Nationality 40

6.a Jus soli (the right to citizenship for those born in the territory of a country) 40

6.b Jus sanguinis (the right to citizenship for children of nationals born abroad) 40

6.c Dual nationality 41

6.d Naturalization 46

7. Analysis of the Catalog of Migration-Related Legal Instruments 47

8. Conclusions 50

References 51

Annex I. Glossary 53

Annex II - Methodology 55

Annex III – Country Data 62

Migration Policy Regimes 6

Executive Summary

This report presents and describes a new database

that was generated using 40 indicators that typi-

fy the migration regimes of 26 countries in Latin

America and the Caribbean (LAC) that are borrow-

ing members of the Inter-American Development

Bank (IDB). These indicators have enabled us to

compare these migration regimes along multiple

dimensions, identify subregional patterns, and ob-

serve trends in the recent evolution of these pol-

icies.

The indicators are grouped into six areas: inter-

national instruments, which covers each coun-

try’s involvement in treaties and other multilateral

agreements; regional instruments, which analyzes

whether countries are party to agreements cover-

ing the Americas or its subregions; visa-free entry

rights, which measures whether a visa is required

to enter the country; access to temporary resi-

dence, which examines preferences in the granting

of residence permits and regularization processes

for irregular migrants; rights while resident, which

looks at migrants’ access to healthcare, education

services and the labor market, family reuniﬁcation,

voting rights, and permanent residence; and na-

tionality, which measures whether the nationality

of a given country is only obtained at birth or can

be acquired through a subsequent naturalization

process.

The value assigned to each indicator is backed by

a reference to the legal instruments that deﬁne

the policy in question. For most indicators, a text

containing additional information explaining the

speciﬁc case is also provided. This is a unique da-

tabase for LAC and is included in Annex II of this

report. It can also be accessed through the IDB Mi-

gration Unit web page.

THE MAIN FINDINGS FROM OUR

ANALYSIS OF THE DATABASE ARE:

A legal regime for migration has begun to

emerge in Latin America in the 21st centu-

ry. This includes the adoption of new migra-

tion laws that are generally accompanied by

subregional mobility schemes, such as the

MERCOSUR, Bolivia, and Chile Residency

Agreement and, more recently, the Andean

Statute. This new 21st-century model tends

to include mechanisms for the permanent

regularization of migrants; the right to ac-

cess the labor market, public health systems,

and public education; and the right to family

reuniﬁcation. These mechanisms are comple-

mented by greater access to voting rights,

at least for local elections. This model is well

established in Mesoamerica, the Southern

Cone, and the Andean countries, but has not

yet made inroads in the Caribbean.

The regularization of irregular migrants

through permanent mechanisms established

by law and extraordinary regularization pro-

grams is now fairly common in Latin Amer-

ica, but not in the Caribbean. The countries

in the region have carried out more than 90

extraordinary regularization programs since

2000.

Migration Policy Regimes 7

Many of these countries oer preferential

access to permanent residency for migrants

from certain other countries that meet basic

criteria. In some cases, they also oer pref-

erential treatment for naturalization. The

only countries that do not allow residency

almost automatically for nationals of at least

one other country in the region are the Ba-

hamas and Haiti in the Caribbean, and Costa

Rica, Guatemala, Honduras, Nicaragua, Pan-

ama, the Dominican Republic, and Mexico in

Mesoamerica.

The percentage of ratiﬁcation of both inter-

national and subregional instruments is very

high in Latin America but much lower in the

Caribbean.

Haitian nationals require visas in more coun-

tries in the region than those of any other

nationality, followed by Venezuelans and

Dominicans.

To develop the database, we analyzed some 435

legal instruments that deﬁne migration policy in

26 countries, using the 40 indicators.

Our analysis of this compendium of laws, regu-

lations decrees, administrative orders, and other

instruments shows that:

» The legal instruments that are in force in the

Andean countries in the Southern Cone are be-

tween 8 and 15 years old, on average, as com-

pared to 25 to 30 years old in Mesoamerica and

the Caribbean. This is testimony to the increase

in legislative eorts on migration in these two

subregions in recent years.

» In some areas, such as the regulation of visa

regimes or extraordinary programs for regular-

izing irregular migrants, the legislative activity

in question rests largely on decrees and admin-

istrative orders issued by countries’ executive

branches without the intervention of their par-

liaments. This leads to less stable norms that

entail less legal certainty for all stakeholders,

including migrants, the administration, the ju-

diciary, and others.

This database of indicators and legal instruments

is the IDB Migration Unit’s ﬁrst attempt at under-

taking a comparative analysis of migration policy

regimes in the countries of Latin America and the

Caribbean. The unit will continue to update it,

with the aim of making it a key source of data for

the region.

Regional freedom of movement and resi-

dency agreements have become extremely

commonplace within LAC’s legislative land-

scape and they inﬂuence many aspects of

migration policy, such as access to the labor

market or family reuniﬁcation.

The country that requires visas for visiting

nationals from more states in the region

than any other is Venezuela (11 states), fol-

lowed by Mexico (9). Venezuela’s policy in

this regard owes to its application of the

principle of reciprocity with states that re-

quire visas for Venezuelan nationals. The fact

that Mexico is a transit country to the United

States for some migrants may explain its re-

quirements in this regard.

Migration Policy Regimes 8

Introduction

Migration, the seeking of refuge, intraregional

freedom of movement, and nationality are high-

ly complex legislative areas that are regulated

through a wide variety of instruments at the do-

mestic, bilateral, regional, and international lev-

els. The ability to objectively measure dierent

aspects of countries’ migration policies allows us

to identify the similarities and dierences between

the legislation in force that governs the movement

of people across the region’s borders, their access

to rights and services while resident in their des-

tination country, and their eventual access to that

country’s nationality, should they desire to acquire

it. The methodology developed in this study and

the compendium of legal instruments provide an

overview of migration policy regimes in countries

in Latin America and the Caribbean (LAC). Future

updates will monitor these issues and examine any

trends that emerge.

This project has analyzed more than 435 legal

instruments from 26 countries, including consti-

tutions (Esponda 2021), regional legislation, bi-

lateral agreements, laws, regulations, decrees,

administrative orders, and other documents such

as public policies or reports. Where necessary, the

appropriate authorities in a given country were

consulted to clarify doubts. The aim of the project

is not to rank countries, as any eort in that direc-

tion would imply a value judgment on the relative

weighting of many factors that it would be impos-

sible to fully justify. Instead, the project seeks to

provide an objective description of the most im-

portant aspects of the regulation of migration pol-

icy in LAC and make this available to the public.

It is important to note that the database does not

evaluate the practical implementation of the claus-

es of the legislation in question.

Although practice

may dier in some respects from the letter of the

law (Acosta 2018; Acosta and Freier 2015), analyz-

ing the latter is fundamental to understanding not

only how migration is regulated but also the de-

cisions that migrants make (Blair, Grossman, and

Weinstein 2022 and 2021).

This report presents a series of 40 indicators on

these issues that have been applied to the 26 bor-

rowing member countries of the Inter-American

Development Bank (IDB)

. Each indicator consists

of a speciﬁc, objective question as to whether the

country has ratiﬁed a given treaty, how many times

it has carried out a regularization, or whether or

not it grants a certain right in its legislation. These

indicators enable us to make concrete, objective

comparisons between countries.

THEY COVER THE FOLLOWING AREAS:

This report uses the terms “laws,” “legal instruments,” and “norms” interchangeably.

For analytical purposes, the countries are divided into four groups: Southern Cone, Andean countries, the Caribbean,

and Mesoamerica.

1. INTERNATIONAL INSTRUMENTS

(17 indicators)

This indicator analyzes each country’s ratiﬁcation

of the United Nations’ nine main international hu-

man rights treaties that aect people’s interna-

tional freedom of movement, six other treaties that

regulate human mobility, and the Global Compact

on Refugees and the Global Compact for Safe, Or-

dinary and Regular Migration.

Migration Policy Regimes 9

2. REGIONAL INSTRUMENTS

(8 indicators)

6. ACCESS TO NATIONALITY

(5 indicators)

3. VISA-FREE ENTRY TO COUNTRIES

(1 indicator)

4. ACCESS TO TEMPORARY RESIDENCY

(3 indicators)

5. RIGHTS WHILE RESIDENT

(6 indicators)

This examines the ratiﬁcation of conventions and

agreements within the Americas on human rights

and refuge, and also considers countries’ involve-

ment in dierent subregional mobility schemes.

The ﬁnal aspect of our analysis of migration cov-

ers legal standards on access to nationality, which

includes not only the possibility of naturalization

but also access to nationality for the children of

This measures the number of countries whose na-

tionals require a visa to enter any other country

in the region. Entering another country is the ﬁrst

step on any migration journey.

Once a migrant has entered another country, ob-

taining a residency permit is the next key step in

their migration journey. This indicator includes

subindicators for preferential access to residency

for nationals of countries in the same subregion

and two indicators that examine the regularization

mechanisms available to irregular migrants.

While a migrant is resident in the country, their in-

tegration into the host society may be facilitated

by their having the right to access the labor mar-

ket and public healthcare and education services,

to take part in political life by voting, to family re-

uniﬁcation, and to eventually obtain permanent

residency.

migrants that are born in the country in question

(jus soli). To complement this, we also examined

the regulations for obtaining nationality for the

children of nationals born abroad (jus sanguinis).

Finally, we analyzed whether each country allows

dual citizenship for nationals who acquire another

nationality and for foreigners who become local

citizens.

The universe of countries covered is the 26 bor-

rowing member countries of the IDB, such that

the database contains 1,040 indicators. There are

three types of indicators. The majority (32) are

binary and therefore measure whether an inter-

national instrument has been ratiﬁed or not, or

whether a right is granted or not. Two of the indi-

cators are numeric and reveal the number of bor-

rowing countries whose nationals require a visa to

enter the country in question, or the number of ex-

traordinary regularizations that have been carried

out since 2000. Finally, six indicators have three

possible answers: “not permitted,” “permitted for

some migrants,” or “permitted for all migrants,”

with variations in the three categories as needed

for the indicator in question.

As tends to be the case when gathering policy in-

dicators, it is often dicult to provide a precise

response as to whether or not a certain treatment

is granted, given that a country may do so for a

certain group of migrants or only under certain

circumstances. Consequently, for each indicator,

the database includes additional information that

qualiﬁes or clariﬁes the assigned value, as well as a

reference to the law or laws on which the analysis

and assigned value are based, including the specif-

ic article. Finally, a link to each law is also included

to facilitate the use of the database.

THE PURPOSE OF THIS DOCUMENT IS TO

PRESENT THE PROJECT’S MAIN FINDINGS.

The next section examines the six areas into which

it is divided: international instruments, regional in-

struments, visa-free entry, temporary residency,

rights while resident, and, ﬁnally, nationality. Each

section presents the results descriptively, after

which we examine the main trends in more detail.

After analyzing the indicators, we brieﬂy review

the body of legal instruments that were compiled

and examined for the project, which is followed

by some concluding comments. The methodology

and a glossary of terms are included in annexes to

the report.

Migration Policy Regimes 10

1. International Instruments

This section is divided into three sections that

analyze various international instruments that af-

fect the regulation of human mobility. It begins by

looking at the ratiﬁcation of the nine main UN in-

ternational human rights treaties (which are sum-

marized in table 1). The second section covers the

ratiﬁcation of ﬁve conventions and an additional

protocol that all inﬂuence the legal regime for hu-

man mobility in various ways. The third section ex-

amines two instruments that are not international

treaties but that are highly signiﬁcant (table 2).

The reason that they are not international treaties

is because the international community decided

to produce two declarations that are far-reaching

but not legally binding. They cannot be ratiﬁed but

merely supported or endorsed.

1.a.1 International Convention on the Elimination

of All Forms of Racial Discrimination (ICERD)

December 21, 1965

This convention seeks to eradicate racial discrim-

ination and hatred. It also guarantees the enjoy-

ment of certain civil, political, economic, social,

and cultural rights without discrimination on the

grounds of race, color, descent, or national or eth-

nic origin. These rights include the right to free-

dom of movement and residency within the ter-

ritory of a state; the right to leave any country,

including one’s own, and to return to one’s coun-

try; and the right to a nationality (article 5). Some

182 countries have ratiﬁed the CERD, including all

IDB borrowing member states.

1.a Main international United Nations

human rights treaties

Abbreviations used in this document are those used by the UN.

1.a.2 International Covenant on Civil and Political

Rights (ICCPR), December 16, 1966

This convention seeks to guarantee the protection

of the civil and political rights of those who are in

the territory of a state and subject to its jurisdic-

tion, without any discrimination. This includes spe-

ciﬁc rights for foreigners in relation to the guaran-

tees and procedures that must be complied with

in the case of expulsion from the country (article

13). Some 173 countries have ratiﬁed the ICCPR,

including all IDB borrowing member countries.

1.a.3 International Covenant on Economic, Social,

and Cultural Rights (ICESCR), December 16, 1966

The ICESCR seeks to guarantee a series of rights

in areas such as education, health, social securi-

ty, and labor. All IDB borrowing member countries

are part of the group of 171 countries that have rat-

iﬁed the covenant.

1.a.4 Convention on the Elimination of All Forms

of Discrimination Against Women (CEDAW), De-

cember 18, 1979

The objective of CEDAW is to eliminate all forms

of discrimination against women, which is under-

stood as any “distinction, exclusion, or restriction

made on the basis of sex which has the eect or

purpose of impairing or nullifying the recognition,

enjoyment or exercise by women, irrespective of

their marital status, on a basis of equality of men

and women, of human rights...” (article 1). Article

9 is particularly relevant since it establishes equal

rights for women to “acquire, change or retain

their nationality”; that neither marriage to an alien

nor change of nationality by the husband during

Migration Policy Regimes 11

marriage shall automatically change the national-

ity of the wife, render her stateless or force upon

her the nationality of the husband”; and that states

parties grant “women equal rights with men with

respect to the nationality of their children.” CE-

DAW has been ratiﬁed by 189 countries, including

all IDB borrowing member states.

1.a.5 Convention Against Torture and Other Cruel,

Inhuman, or Degrading Treatment or Punishment

(CAT), December 10, 1984

The section of this convention that is most rele-

vant to this study is article 3: “No State Party shall

expel, return (“refouler”) or extradite a person to

another State where there are substantial grounds

for believing that he would be in danger of being

subjected to torture.” The CAT has been ratiﬁed by

171 countries, 21 of which are IDB borrowing mem-

ber states.

1.a.6 Convention on the Rights of the Child (CRC),

November 20, 1989

The purpose of this convention is to protect the

rights of children under the age of 18. The main

clauses are contained in articles 7 (the right to ac-

quire a nationality after birth) and 9–10 (on family

unity and reuniﬁcation). The CRC has been ratiﬁed

by all IDB borrowing member states and 196 coun-

tries globally.

1.a.7 International Convention on the Protection

of the Rights of All Migrant Workers and Members

of Their Families (ICMW), December 18, 1990

This is the most important international trea-

ty on the rights of migrants and their families.

It includes rights that apply to all migrants, regard-

less of whether their status is irregular (articles

8–35), and rights that only apply to migrant work-

ers who are documented or whose status is reg-

ular (articles 36–56). The ICMW has been ratiﬁed

by 17 borrowing member states and 57 countries

in total.

1.a.8 Convention on the Rights of Persons with

Disabilities (CRPD), December 13, 2006

This treaty seeks to guarantee “full and equal en-

joyment of all human rights and fundamental free-

doms by all persons with disabilities” (article 1).

The most important article in relation to this study

is article 18, which establishes freedom of move-

ment and nationality, including the right to acquire

and change nationality, leave any country includ-

ing one’s own, enter one’s own country, or acquire

a nationality after birth. The CRPD has been rat-

iﬁed by all IDB borrowing member states and by

184 countries in total.

1.a.9 International Convention for the Protec-

tion of All Persons from Enforced Disappearance

(CPED), December 20, 2006

This convention prohibits the use of forced disap-

pearance against any person. The most relevant

section of the CPED is article 16: “No State Par-

ty shall expel, return (“refouler”), surrender or ex-

tradite a person to another State where there are

substantial grounds for believing that he or she

would be in danger of being subjected to enforced

disappearance.” This CPED has been ratiﬁed by 13

IDB borrowing member states out of a total of 63.

Migration Policy Regimes 12

TABLE 1: International Instruments (date of ratiﬁcation)

CARIBBEAN

BAHAMAS

1.a.1 ICERD

8 / 5 / 1975 11 / 8 / 1972 11 / 14 / 2001 2 / 15 / 1977 12 / 19 / 1972 6 / 4 / 1971 3 / 15 / 1984 10 / 4 / 1973

BARBADOS BELIZE GUYANA HAITI JAMAICA SURINAME TRINIDAD & TOBAGO

1.a.2 ICCPR

12 / 23 / 2008 1 / 5 / 1973 6 / 10 / 1996 2 / 15 / 1977 2 / 6 / 1991 10 / 3 / 1975 12 / 28 / 1976 12 / 21 / 1978

1.a.3 ICESCR

12 / 23 / 2008 1 / 5 / 1973 3 / 9 / 2015 2 / 15 / 1977 10 / 8 / 2013 10 / 3 / 1975 12 / 28 / 1976 12 / 8 / 1978

1.a.4 CEDAW

10 / 6 / 1993 10 / 16 / 1980 6 / 16 / 1990 7 / 17 / 1980 7 / 20 / 1981 10 / 19 / 1984 3 / 1 / 1993 1 / 12 / 1990

1.a.5 CAT

5 / 31 / 2018

Not

Ratiﬁed

3 / 17 / 1986 5 / 19 / 1988

Not

Ratiﬁed

Not

Ratiﬁed

11 / 16 / 2021

Not

Ratiﬁed

1.a.6 CRC

2 / 20 / 1991 10 / 9 / 1990 5 / 2 / 1990 1 / 14 / 1991 6 / 8 / 1995 5 / 14 / 1991 3 / 1 / 1993 12 / 5 / 1991

1.a.7 ICMW

Not

Ratiﬁed

Not

Ratiﬁed

11 / 14 / 2001 7 / 7 / 2010

Not

Ratiﬁed

9 / 25 / 2008

Not

Ratiﬁed

Not

Ratiﬁed

1.a.8 CRPD

9 / 28 / 2015 2 / 27 / 2013 6 / 2 / 2011 9 / 10 / 2014 7 / 23 / 2009 3 / 30 / 2007 3 / 29 / 2017 6 / 25 / 2015

1.a.9 CPED

Not

Ratiﬁed

Not

Ratiﬁed

8 / 14 / 2015

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

SOTHERN CONE

ARGENTINA

1.a.1 ICERD

2 / 10 / 1968

27 / 3 / 1968 20 / 10 / 1971 18 / 8 / 2003 30 / 8 / 1968

BRAZIL CHILE PARAGUAY URUGUAY

1.a.2 ICCPR

8 / 8 / 1986 24 / 1 / 1992 10 / 2 / 1972 10 / 6 / 1992 1 / 4 / 1970

1.a.3 ICESCR

8 / 8 / 1986 24 / 1 / 1992 10 / 2 / 1972 10 / 6 / 1992 1 / 4 / 1970

1.a.4 CEDAW

15 / 7 / 1985 1 / 2 / 1984 7 / 12 / 1989 6 / 4 / 1987 9 / 10 / 1981

1.a.5 CAT

24 / 9 / 1986 28 / 9 / 1989 30 / 12 / 1988 12 / 3 / 1990 24 / 10 / 1986

1.a.6 CRC

4 / 12 / 1990 24 / 9 / 1990 13 / 8 / 1990 25 / 9 / 1990 20 / 11 / 1990

1.a.7 ICMW

23 / 2 / 2007 21 / 3 / 2005

Not

Ratiﬁed

23 / 9 / 2008 15 / 2 / 2001

1.a.8 CRPD

2 / 9 / 2008 1 / 8 / 2008 29 / 7 / 2008 3 / 9 / 2008 11 / 2 / 2009

1.a.9 CPED

14 / 12 / 2007 29 / 11 / 2010 8 / 12 / 2009 3 / 8 / 2010 4 / 3 / 2009

MESOAMERICA + MEXICO

COSTA RICA

1.a.1 ICERD

1 / 16 / 1967 11 / 30 / 1979 1 / 18 / 1983 10 / 10 / 2002 2 / 20 / 1975 2 / 15 / 1978 8 / 16 / 1967 5 / 25 / 1983

EL SALVADOR GUATEMALA HONDURAS MEXICO NICARAGUA

PANAMA

DOMINICAN

REPUBLIC

1.a.2 ICCPR

11 / 29 / 1968 11 / 30 / 1979 5 / 5 / 1992 8 / 25 / 1997 3 / 23 / 1981 3 / 12 / 1980 3 / 8 / 1977 1 / 4 / 1978

1.a.3 ICESCR

11 / 29 / 1968 11 / 30 / 1979 5 / 19 / 1988 2 / 17 / 1981 3 / 23 / 1981 3 / 12 / 1980 3 / 8 / 1977 1 / 4 / 1978

1.a.4 CEDAW

4 / 4 / 1986 8 / 19 / 1981

6 / 17 / 1996

8 / 12 / 1982 3 / 3 / 1983 3 / 23 / 1981

1 / 23 / 1986

10 / 27 / 1981

7 / 5 / 2005

10 / 29 / 1981 9 / 2 / 1982

1.a.5 CAT

11 / 11 / 1993 1 / 5 / 1990 12 / 5 / 1996 8 / 24 / 1987

1.a.6 CRC

8 / 21 / 1990 7 / 10 / 1990 6 / 6 / 1990 8 / 10 / 1990 9 / 21 / 1990

3 / 8 / 1999

10 / 5 / 1990 12 / 12 / 1990 6 / 11 / 1991

1 / 24 / 2012

1.a.7 ICMW

Not

Ratiﬁed

3 / 14 / 2003 3 / 14 / 2003 8 / 9 / 2015 10 / 26 / 2005

Not

Ratiﬁed

Not

Ratiﬁed

1.a.8 CRPD

10 / 1 / 2008 12 / 14 / 2007 4 / 7 / 2009 4 / 14 / 2008 12 / 17 / 2007

3 / 18 / 2008

12 / 7 / 2007 8 / 7 / 2007

6 / 22 / 2011

8 / 18 / 2009

1.a.9 CPED

2 / 16 / 2012 4 / 1 / 2008

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Migration Policy Regimes 13

TABLE 1: International Instruments (date of ratiﬁcation) (cont.)

Source: Compiled by the authors.

ANDEAN

BOLIVIA

1.a.1 ICERD

9 / 22 / 1970

9 / 2 / 1981 9 / 22 / 1966 9 / 29 / 1971 10 / 10 / 1967

COLOMBIA ECUADOR PERU VENEZUELA

1.a.2 ICCPR

8 / 12 / 1982 10 / 29 / 1969 3 / 6 / 1969 4 / 28 / 1978 5 / 10 / 1978

1.a.3 ICESCR

8 / 12 / 1982 10 / 29 / 1969 3 / 6 / 1969 4 / 28 / 1978 5 / 10 / 1978

1.a.4 CEDAW

6 / 8 / 1990 1 / 19 / 1982 11 / 9 / 1981 9 / 13 / 1982 5 / 2 / 1983

1.a.5 CAT

4 / 12 / 1999 12 / 8 / 1987 3 / 30 / 1988 7 / 7 / 1988 7 / 29 / 1991

1.a.6 CRC

6 / 26 / 1990 1 / 28 / 1991

5 / 24 / 1995

3 / 23 / 1990 9 / 4 / 1990 9 / 13 / 1990

1.a.7 ICMW

10 / 16 / 2000 2 / 52 / 2002

Not

Ratiﬁed

9 / 14 / 2005 10 / 25 / 2016

1.a.8 CRPD

11 / 16 / 2009 5 / 10 / 2011 4 / 3 / 2008 1 / 30 / 2008 9 / 24 / 2013

1.a.9 CPED

12 / 17 / 2008 7 / 11 / 2012 10 / 20 / 2009 9 / 26 / 2012

1.b.1 Convention Relating to the Status of Refu-

gees (CSR), July 28, 1951

The CSR deﬁnes the term “refugee” and establish-

es the legal status and protection owed to those

who are granted this status. It applies to people

who are refugees as a result of events that took

place before January 1, 1951.

1.b.2 Additional Protocol Relating to the Status of

Refugees (APSR), January 31, 1967

The ASPR expands the scope of application of the

CSR by removing the geographical or time limits

that were part of the latter. There are 145 states

parties to the CSR and 146 to the ASPR. All IDB

borrowing member states are parties except Bar-

bados and Guyana, which have not ratiﬁed either

instrument, and Venezuela, which has ratiﬁed the

ASPR but not the CSR.

1.b.3 Convention Relating to the Status of State-

less Persons (CSP), September 28, 1954

1.b International treaties that aect the

regulation of human mobility

This convention deﬁnes the term “stateless per-

son” as someone “who is not considered as a na-

tional by any State” and establishes the legal sta-

tus and protection of such people. The CSP has

been ratiﬁed by 96 countries, 20 of which are IDB

borrowing member states.

1.b.4 Convention on the Reduction of Stateless-

ness (CRS), August 30, 1961

The CRS establishes several obligations to reduce

statelessness, including granting nationality to a

person born in the territory who would otherwise

be stateless (article 1) or limiting the state’s ability

to deprive a person of their nationality if doing so

would lead to their being stateless (article 8). It

has been ratiﬁed by 77 countries, 17 of which are

IDB borrowing member states.

1.b.5 Protocol Against the Smuggling of Migrants

by Land, Sea and Air

November 15, 2000

The protocol seeks to “prevent and combat the

smuggling of migrants, as well as to promote co-

operation among states parties to that end, while

protecting the rights of smuggled migrants” (arti-

cle 2). The protocol has 178 states parties, includ-

ing all IDB borrowing member states except Boliv-

ia and Colombia.

“Smuggling” is the facilitation or promotion of the illegal entry of a person into a country they are not a national or a permanent

resident of, for the purpose of ﬁnancial gain. See the Glossary (Annex I) for more details.

Migration Policy Regimes 14

Tracking is the recruitment or receipt of persons using forms of coercion or fraud for the purpose of exploitation. This includes

sexual exploitation and forced labor. See the Glossary (Annex I) for more details.

1.c Instruments that are not international

treaties

1.c.1 Global Compact on Refugees, December 17,

2018

The Global Compact on Refugees is an agreement

negotiated at the government level that establish-

es four key objectives: alleviate pressures on host

countries, enhance refugee self-reliance, expand

1.b.6 Protocol to Prevent, Suppress and Punish

Tracking

in Persons, Especially Women and

Children, December 12, 2000

The purpose of the protocol is to “prevent and

combat tracking in persons,” especially women

and children, and to “protect and assist the vic-

tims of such tracking” (article 2). The protocol

has 150 states parties, including all IDB borrowing

member states.

TABLE 2: International Instruments

CARIBBEAN

BAHAMAS

1.b.1 CSR 1951

15 / 9 / 1993 27 / 6 / 1990

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

25 / 9 / 1984 30 / 7 / 1964 29 / 11 / 1978 10 / 11 / 2000

BARBADOS BELIZE GUYANA HAITI JAMAICA SURINAME TRINIDAD & TOBAGO

1.b.2 APSR

1967

15 / 9 / 1993 27 / 6 / 1990 25 / 9 / 1984 30 / 10 / 1980 29 / 11 / 1978 10 / 11 / 2000

1.b.3 CSP

1954

6 / 3 / 1972 14 / 9 / 2006 27 / 9 / 2018 11 / 4 / 1966

1.b.4 CRS

1961

14 / 8 / 2015 27 / 9 / 2018 9 / 1 / 2013

1.b.5

Smuggling

Protocol

2000

26 / 9 / 2008

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

14 / 9 / 2006 16 / 4 / 2008 19 / 4 / 2011 29 / 9 / 2003 25 / 5 / 2007 6 / 11 / 2007

1.b.6

Tracking

Protocol

2000

26 / 9 / 2008

Endorsed Endorsed

11 / 11 / 2014

26 / 9 / 2003 14 / 9 / 2004 19 / 4 / 2011 29 / 9 / 2003 25 / 5 / 2007 6 / 11 / 2007

1.c.1 GCM

2018

Not

Endorsed

Endorsed Endorsed

Not

Endorsed

1.c.2 GCR

2018

Endorsed Endorsed Endorsed Endorsed

Endorsed

Endorsed Endorsed

Endorsed

Endorsed Endorsed

access to third-country solutions, and support

conditions in countries of origin for return in safety

and dignity. All but ﬁve UN member states voted

in favor; the Dominican Republic was one of the

ﬁve abstentions. All other IDB borrowing member

countries supported the Global Compact.

1.c.2 Global Compact for Safe, Orderly and Regu-

lar Migration, December 19, 2018

This is an agreement negotiated at the government

level under the auspices of the United Nations. It

covers all aspects of international migration and

sets out 23 objectives in various areas. Support-

ing states are committed to these objectives. The

Global Compact was adopted by 152 of the 193 UN

member states, including 20 IDB borrowing mem-

ber countries. Brazil initially voted in favor but has

since announced its intention not to endorse the

Global Compact. The other LAC countries that

abstained or voted against it are Belize, Chile, the

Dominican Republic, Paraguay, and Trinidad and

Tobago.

Migration Policy Regimes 15

TABLE 2: International Instruments (cont.)

SOUTHERN CONE

1.b.1 CSR 1951

1.b.2 APSR

1967

1.b.3 CSP

1954

1.b.4 CRS

1961

1.b.5

Smuggling

Protocol

2000

1.b.6

Tracking

Protocol

2000

1.c.1 GCM

2018

1.c.2 GCR

2018

ARGENTINA

15 / 11 / 1961

6 / 12 / 1967

1 / 6 / 1972

13 / 11 / 2014

19 / 11 / 2002

Endorsed

16 / 11 / 1960

BRAZIL

7 / 4 / 1972

13 / 8 / 1996

25 / 10 / 2007

29 / 1 / 2004

Not

Endorsed

28 / 1 / 1972

CHILE

27 / 4 / 1972

11 / 4 / 2018

29 / 11 / 2004

Not

Endorsed

1 / 4 / 1970

PARAGUAY

1 / 4 / 1970

1 / 7 / 2014

6 / 6 / 2012

23 / 9 / 2008

22 / 9 / 2004

Not

Endorsed

22 / 9 / 1970

URUGUAY

22 / 9 / 1970

2 / 4 / 2004

21 / 9 / 2012

4 / 3 / 2005

Endorsed

1.b.1 CSR 1951

28 / 3 / 1978 22 / 9 / 1983

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

7 / 6 / 2000 28 / 3 / 1980 2 / 8 / 1978 4 / 1 / 1978

1.b.2 APSR

1967

28 / 3 / 1978

28 / 4 / 1983

28 / 4 / 1983 22 / 9 / 1983 7 / 6 / 2000 28 / 3 / 1980 2 / 8 / 1978 4 / 1 / 1978

1.b.3 CSP

1954

9 / 2 / 20152 / 11 / 1977 28 / 11 / 2000 7 / 6 / 2000 15 / 7 / 2013

1.b.4 CRS

1961

19 / 7 / 2001

23 / 3 / 1992

1 / 10 / 2012

18 / 12 / 20122 / 11 / 1977 29 / 7 / 2013

2 / 6 / 2011

1.b.5

Smuggling

Protocol

2000

7 / 8 / 2003

Not

Ratiﬁed

1 / 4 / 2004 18 / 12 / 2008 4 / 3 / 2003 15 / 2 / 2006 18 / 8 / 2004 10 / 12 / 2007

1.b.6

Tracking

Protocol

2000

9 / 9 / 2003

Endorsed Endorsed Endorsed

18 / 3 / 2004

1 / 4 / 2004 1 / 4 / 2008 4 / 3 / 2003 12 / 10 / 2004 18 / 8 / 2004 5 / 2 / 2008

1.c.1 GCM

2018

Endorsed Endorsed

Not

Endorsed

Not

Endorsed

1.c.2 GCR

2018

Endorsed Endorsed Endorsed Endorsed

Endorsed

Endorsed Endorsed

Endorsed

MESOAMERICA + MEXICO

COSTA RICA EL SALVADOR GUATEMALA HONDURAS MEXICO NICARAGUA

PANAMA

DOMINICAN

REPUBLIC

Migration Policy Regimes 16

TABLE 2: International Instruments (cont.)

Source: Compiled by the authors.

ANDINOS

1.b.1 CSR 1951

1.b.2 APSR

1967

1.b.3 CSP

1954

1.b.4 CRS

1961

1.b.5

Smuggling

Protocol

2000

1.b.6

Tracking

Protocol

2000

1.c.1 GCM

2018

1.c.2 GCR

2018

17 / 8 / 1955

ECUADOR

6 / 3 / 1969

2 / 10 / 1970

24 / 9 / 2012

17 / 9 / 2012

Endorsed

17 / 9 / 2012

Endorsed

21 / 12 / 1964

PERÚ

15 / 9 / 1983

23 / 1 / 2014

18 / 12 / 2014

23 / 1 / 2002

Endorsed

23 / 1 / 2002

Endorsed

BOLIVIA

9 / 2 / 1982

6 / 10 / 1983

18 / 5 / 2006

Endorsed

Not

Ratiﬁed

10 / 10 / 1961

COLOMBIA

4 / 3 / 1980

7 / 10 / 2019

15 / 8 / 2014

Endorsed

4 / 8 / 2004

Endorsed

Not

Ratiﬁed

VENEZUELA

19 / 9 / 1986

15 / 4 / 2005

13 / 5 / 2002

Endorsed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Findings relating

to international instruments

The main ﬁnding is that the rate of ratiﬁcation of

these instruments is very high for IDB borrowing

member states in general, but is much lower in

the Caribbean. First, of the total 234 possible rat-

iﬁcations of the nine main UN human rights trea-

ties by the 26 countries, 209 have been carried

out. Some 16 of these 25 nonratiﬁcations are from

Caribbean countries and 7 are from countries in

Mesoamerica. Of the 156 possible ratiﬁcations of

the 6 international treaties that aect the regula-

tion of human mobility, 22 (or 14%) have not taken

place. Of these 22, 13 are from the Caribbean, and

7 are from Mesoamerica (see ﬁgure 1). The two

2018 Global Compacts provided 52 opportunities

for support from the 26 IDB borrowing member

countries. Of these, 7 (13%) did not take place. The

Andean countries are the only subregion to have

fully supported both global compacts (ﬁgure 2).

Five countries (Argentina, Ecuador, Honduras,

Peru, and Uruguay) have ratiﬁed or endorsed

all the treaties. At the other extreme are the

Dominican Republic and Barbados, which have

rejected the most instruments (six), followed by

Guyana and Trinidad and Tobago which have not

ratiﬁed or supported ﬁve of them. The relative fre-

quency of nonratiﬁcations by Caribbean countries

may be explained by these not being independent

countries at the time that the treaties were negoti-

ated, although this does not explain why they have

not joined subsequently.

Of the 16 instruments analyzed (taking the CSR

and the ASPR as a single instrument), 7 have been

ratiﬁed by all states and 9 have been rejected

by at least one IDB borrowing member country.

Leaving aside the Convention for the Protection

of All Persons from Enforced Disappearance, the

relevance of which to the regulation of mobility

is more limited, the Convention on the Reduction

of Statelessness and International Convention on

the Protection of the Rights of All Migrant Work-

ers and Members of Their Families are the least

accepted of the 16 instruments, as nine countries

have still not joined them, most of which are in

the Caribbean. Positive progress has been made

on the Convention on the Reduction of Stateless-

ness, which has been ratiﬁed by 12 states since

2010, some of which (e.g., Argentina, Paraguay,

Migration Policy Regimes 17

FIGURE 1: Ratiﬁcation of the 16 Human Rights and Human Mobility Treaties

FIGURE 2: Support for the Global Compacts for Refugees and Safe and Regular Migration

Not ratiﬁed Ratiﬁed

Total Caribbean Andean

Countries

100%

80%

60%

40%

20%

Southern

Cone

Mesoamerica

Not endorsed Endorsed

Total Caribbean Andean

Countries

100%

80%

60%

40%

20%

Southern

Cone

Mesoamerica

Source: Compiled by the authors.

and Uruguay) have also recently enacted speciﬁc

domestic laws in this area. The International Con-

vention on the Protection of the Rights of All Mi-

grant Workers and Members of Their Families may

be ratiﬁed by other states in the near future. For

example, Haiti signed it in 2013 but has not yet rat-

iﬁed it, while Brazil’s Congress has been debating

doing so since 2010.

In fact, of the 57 states that

have ratiﬁed it worldwide, 17 (30%) are IDB bor-

rowing member countries, so the overall trend in

LAC is to be a party to this instrument.

Two other factors are worth noting. Most of the

states included in this study adopted speciﬁc laws

on human tracking, although issues relating to

migrant smuggling tend to be included in migra-

tion laws. Three exceptions to this are Ecuador,

which regulates human tracking in its human

mobility law, Suriname, and Venezuela. Further-

more, while all LAC countries except Barbados

and Guyana have ratiﬁed the Refugee Convention

and/or the Additional Protocol to this, there are

ﬁve that have not passed any national laws in this

area (Bahamas, Haiti, Jamaica, Trinidad and Toba-

go, and Suriname). This is a major challenge that

could pose huge diculties when it comes to rec-

ognizing refugee status and providing protection

for those holding this.

For more information steps have been taken as part of this process, see the following link (last accessed December 29, 2021):

https://www.camara.leg.br/proposicoesWeb/ﬁchadetramitacao?idProposicao=489652

Migration Policy Regimes 18

2. Regional Instruments

This section is divided into three subsections

that analyze the dierent regional instruments

that aect the regulation of human mobility. The

ﬁrst of these examines the ratiﬁcation of two in-

ter-American conventions. The second covers two

indicators that do not refer to the ratiﬁcation of a

speciﬁc duty but rather to the recognition of the

jurisdiction of the Inter-American Court of Human

Rights and the domestic implementation of the

Cartagena Declaration on Refugees. The third ex-

plores the ratiﬁcation of subregional instruments

that facilitate the free movement of persons (see

Table 3). Finally, it is worth noting the importance

of some regional forums in which migration topics

have been discussed in recent years, such as the

South American Conference on Migration or the

Quito Process. These are not included here as they

do not produce binding legal norms.

2.a.1 American Convention on Human Rights

(ACHR), November 22, 1969

Also known as the Pact of San José, this is the most

important human rights instrument in the Ameri-

cas and includes an extensive list of civil and po-

litical rights. It also establishes the two competent

bodies that are empowered to ensure compliance

with the ACHR: the Inter-American Commission

on Human Rights and the Inter-American Court of

Human Rights. The ACHR has been ratiﬁed by 24

states in the Americas, including all the IDB bor-

rowing member countries except the Bahamas,

Belize, Guyana, and Trinidad and Tobago.

2.b.1 Jurisdiction of the Inter-American Court of

Human Rights (IA Court)

This indicator refers to the countries that have

recognized the jurisdiction of the IA Court as per

article 62 of the ACHR. Some 20 IDB borrowing

member countries have done so to date; the only

countries that have not are the following Carib-

bean countries: Bahamas, Belize, Guyana, Jamai-

ca, and Trinidad and Tobago, the latter of which

has also not ratiﬁed the ACHR. The Dominican

Republic is currently in legal limbo on this matter.

Through ruling 256 of 2014, the Dominican Con-

stitutional Court declared that the jurisdiction of

the IA Court had not been recognized through

the proper procedure and that it therefore did not

have jurisdiction. Conversely, in March 12, 2019, the

IA Court issued an order in which it deemed that

the Constitutional Court ruling of November 4,

2014, has no legal eect under international law.

2.a Regional conventions

2.b Other indicators

for regional cooperation

2.a.2 Additional Protocol to the American Conven-

tion on Human Rights in the Area of Economic,

Social and Cultural Rights, November 17, 1988

Also known as the Protocol of San Salvador, this

instrument includes a number of fundamental

socioeconomic rights, such as the right to edu-

cation, social security, and health or labor rights.

It has been ratiﬁed by 17 IDB borrowing member

countries, most of which are in Central and South

America. Most Caribbean countries have not yet

ratiﬁed it, including the Bahamas, Barbados, Be-

lize, Guyana, Haiti, Jamaica, and Trinidad and To-

bago, and neither has the Dominican Republic.

Chile is likely to be the next state to ratify it, as its

Senate approved this in July 2021.

Migration Policy Regimes 19

2.b.2 Cartagena Declaration on Refugees,

November 22, 1984

The Cartagena Declaration is a non-legally bind-

ing instrument that was adopted in 1984, a time

when a large number of Central American citizens

were ﬂeeing their countries but whose legal status

did not fall under the deﬁnition of refugee in the

1951 Geneva Convention Relating to the Status of

Refugees, or the 1967 Additional Protocol to this.

The Cartagena Declaration expanded the concept

of refugee to include “persons who have ﬂed their

country because their lives, safety or freedom have

been threatened by generalized violence, foreign

aggression, internal conﬂicts, massive violation of

human rights or other circumstances which have

seriously disturbed public order.”.

This expand-

ed deﬁnition has been included in part or in full

in the domestic legislation of 15 IDB borrowing

member states: Argentina, Belize, Bolivia, Brazil,

Chile, Colombia, Ecuador, El Salvador, Guatemala,

Honduras, Mexico, Nicaragua, Paraguay, Peru, and

Uruguay. In Costa Rica, the Cartagena Declaration

has been applied at the judicial level. The remain-

ing IDB borrowing member countries have not in-

cluded the expanded deﬁnition in their domestic

legislation.

2.c.1 Residency Agreement for Nationals of the

MERCOSUR States Parties, Bolivia, and Chile, De-

cember 6, 2002

This agreement entered into force in 2009 and is

open for ratiﬁcation by any of the full and associ-

ate member countries of MERCOSUR. This means

that all 12 South American countries can join it.

Guyana, Suriname, and Venezuela are the only

2.c Subregional instruments

on the free movement of persons

countries that have not ratiﬁed the agreement to

date. It oers nationals of states parties the right

to residency in another state. Speciﬁcally, it en-

ables them to obtain a two-year temporary res-

idency permit that can then be converted into a

permanent one. The agreement covers a variety of

rights, including the rights to work, education, or

family reuniﬁcation.

2.c.2 Decision No. 878 Andean Migration Statute,

May 12, 2021

This decision entered into force on August 11,

2021, and is directly applicable in the four mem-

ber states of the Andean Community: Bolivia, Co-

lombia, Ecuador, and Peru. The statute adds to the

set of instruments that have already been adopted

by the Andean Community and that facilitate the

free movement of people, including Decision 545,

which only applies to workers. It establishes that

nationals of these countries have the right to re-

side in any of the other states, as do any foreigners

with permanent residency rights in any of them.

Those in question are initially granted a temporary

residency permit that may later be converted into

a permanent one. The statute provides access to

rights such as education or family reuniﬁcation, as

well as the right to work, including self-employ-

ment.

2.c.3 Central American Free Mobility Agreement

CA-4, June 20, 2006

This agreement was signed by the migration au-

thorities of El Salvador, Guatemala, Honduras, and

Nicaragua within the framework of the Central

American Integration System (SICA). The other

four SICA member states (Belize, Costa Rica, Pan-

ama, and the Dominican Republic) are not party

to it. It facilitates the transit of people from partic-

ipating countries without the need for a passport

but does not include the right to residency.

Cartagena Declaration on Refugees, adopted by the Colloquium on the International Protection of Refugees in Central America,

Mexico and Panama, held in Cartagena, Colombia, from November 19 to 22, 1984.

Migration Policy Regimes 20

TABLE 3: Regional and Subregional Instruments

CARIBBEAN

BAHAMAS

ACHR 1969

5 / 11 / 1981

Not

Ratiﬁed

Not

Ratiﬁed

Not

Accepted

Not

Accepted

Not

Accepted

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Internalized

Not

Internalized

Not

Internalized

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Internalized

Not

Internalized

14 / 9 / 1977 19 / 7 / 1978 12 / 11 / 1987

BARBADOS BELIZE GUYANA HAITI JAMAICA SURINAME TRINIDAD & TOBAGO

San Salvador

1988

28 / 2 / 1990

IACHR

Accepted Accepted Accepted

Cartagena

1984

Internalized

CARICOM

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Accepted

Not

Accepted

Not

Internalized

Not

Internalized

Ratiﬁed Ratiﬁed Ratiﬁed Ratiﬁed Ratiﬁed

SICA CA-4

Ratiﬁed

MERCOSUR

2002

ACHR 1969

Not

Ratiﬁed

18 / 8 / 198914 / 8 / 1984

30 / 6 / 2003

26 / 3 / 1985 10 / 8 / 1990

San Salvador

1988

21 / 11 / 1995

IACHR

Accepted Accepted

Cartagena

1984

Internalized Internalized Internalized

Accepted

InternalizedInternalized

Accepted

Ratiﬁed

9 / 7 / 1992

8 / 8 / 1996 28 / 5 / 1997

Accepted

Ratiﬁed Ratiﬁed Ratiﬁed Ratiﬁed

MERCOSUR

2002

SOUTHERN CONE

ARGENTINA BRAZIL CHILEPARAGUAY URUGUAY

ACHR 1969

20 / 6 / 19782 / 3 / 1970

Not

Accepted

Not

Ratiﬁed

Not

Ratiﬁed

Not

Ratiﬁed

Not

Internalized

Not

Internalized

2 / 3 / 1981 25 / 9 / 1979 8 / 5 / 1978 21 / 1 / 1978

San Salvador

1988

28 / 10 / 1992

IACHR

AcceptedAccepted

29 / 9 / 1999 4 / 5 / 1995

27 / 4 / 1978

Accepted

30 / 5 / 2000

Accepted Accepted

Cartagena

1984

Internalized

5 / 9 / 1977

Accepted

14 / 9 / 2011

InternalizedInternalized

SICA CA-4

Not

Ratiﬁed

Not

Internalized

Ratiﬁed Ratiﬁed

8 / 3 / 1996

Internalized

Accepted

15 / 12 / 2009

Internalized

Ratiﬁed

MESOAMERICA + MEXICO

COSTA RICA EL SALVADOR GUATEMALA HONDURAS MEXICO NICARAGUA

PANAMA

DOMINICAN

REPUBLIC

ACHR 1969

Not

Ratiﬁed

Not

Ratiﬁed

Not

Internalized

8 / 12 / 197728 / 5 / 1973

22 / 10 / 1997

12 / 7 / 1978 1 / 7 / 2019

San Salvador

1988

17 / 5 / 1995

IACHR

Accepted Accepted

Cartagena

1984

Internalized Internalized Internalized

Accepted

Internalized

Accepted

11 / 8 / 2021 11 / 8 / 2021 11 / 8 / 2021 11 / 8 / 2021

Ratiﬁed Ratiﬁed Ratiﬁed Ratiﬁed

20 / 6 / 1979

12 / 7 / 2006 10 / 2 / 1993

Accepted

Decisión

878 CAN

MERCOSUR

2002

ANDEAN

ECUADOR PERUBOLIVIACOLOMBIA VENEZUELA

Source: Compiled by the authors.

Migration Policy Regimes 21

2.b.4 Revised Treaty of Chaguaramas Establish-

ing the Caribbean Community (CARICOM) and

Including the Single Market, July 5, 2001.

This treaty entered into force on January 1, 2006.

Per article 46, certain categories of nationals of

CARICOM member states have the right to work in

other states. There are currently ten skilled worker

categories. These are: university graduates, artists,

musicians, professional athletes, media workers,

nurses, teachers, artisans with a Caribbean Voca-

tional Qualiﬁcation (CVQ), domestic workers with

a CVQ or similar certiﬁcate, and those holding a

university diploma or vocational training certif-

icate that is comparable to a diploma and was

awarded by a recognized university or institution.

All other nationals of member states do not have

the right to work and must follow each country’s

domestic immigration laws. All CARICOM member

states except the Bahamas have ratiﬁed the agree-

ment. In other words, the IDB borrowing member

countries to have ratiﬁed it are Barbados, Belize,

Guyana, Haiti, Jamaica, Suriname, and Trinidad

and Tobago. However, Haiti does not apply the

free mobility framework to skilled workers.

Findings in regional instruments

There were two major ﬁndings. First, as with the

international instruments, there was signiﬁcant

divergence between the ratiﬁcation of these in-

struments by the Caribbean states and the other

three subregions. With the exception of Surina-

me, relatively few Caribbean states are parties to

the American Convention on Human Rights and

the Protocol of San Salvador nor recognize the

contentious jurisdiction of the IA Court. Likewise,

Belize is the only state to have incorporated the

expanded deﬁnition of “refugee” from the Carta-

gena Declaration in its domestic legislation. The

Dominican Republic is the only state in the other

subregions to follow a similar pattern to the Ca-

ribbean states. At the other end of the spectrum,

13 countries have ratiﬁed both conventions, ac-

cepted the jurisdiction of the IA Court, and have

implemented the Cartagena Declaration.

Second, regional freedom of movement agree-

ments have become extremely commonplace

within LAC’s legislative landscape. The excep-

tion in this case is SICA, which only has the Cen-

tral American Free Mobility Agreement. This has

been implemented by merely four of the bloc’s

eight member states and, moreover, is very limit-

ed in scope compared to MERCOSUR, the Andean

Community, or CARICOM agreements.

For more information, see the report: Caribbean Community Secretariat, CARICOM. Single Market and Economy, Free Move-

ment—Travel and Work, 3rd edition, 2017, p. 20. The following website also contains relevant information (last accessed December

28, 2021): https://gisbarbados.gov.bb/csme/travel/

Statistics from the IDB and OECD (2021, p. 27) demonstrate the magnitude of the impact of the MERCOSUR and CARICOM re-

gional mobility mechanisms. The Andean Community migration statute is too recent for data on it to be available yet.

Migration Policy Regimes 22

3. Visa-Free Entry

This section explores the citizens of countries that

are required obtain a visa to enter a given country.

The data that it draws on comes mainly from the

ocial websites of the relevant ministries in each

country, usually the ministry of foreign aairs. Our

analysis covers the 26 IDB borrowing member

countries. Our main ﬁnding is that visa-free move-

ment among LAC countries is commonplace, al-

though conditions vary considerably from coun-

try to country.

First, the country that requires visas for visiting

nationals from more states in the region than any

other is Venezuela, which requires them for citi-

zens of 11 countries, followed by Mexico with 9 (see

ﬁgure 3). Venezuela’s policy in this regard owes to

its application of the principle of reciprocity with

states that require visas for Venezuelan nationals.

As a consequence, it has modiﬁed its visa legisla-

tion in the last ﬁve years on several occasions to

exclude nationals from several countries from the

beneﬁt of visa-free entry as tourists, such as Pana-

ma in 2017 or Chile and Peru in 2019.

In the case of Mexico, this may be related to the fact

that it is the main country of transit for migrants

seeking to reach the United States. This generates

a signiﬁcant ﬂow and visas are a mechanism that

may slow it to make it more manageable. Countries

whose citizens must have a visa prior to travelling

to Mexico are those that are most often encoun-

tered attempting to cross into the U.S. without

permission. These include four countries in Central

America (El Salvador, Guatemala, Honduras, and

Nicaragua), Haiti and the Dominican Republic, and

Ecuador

. Nationals of these countries are among

the most often detained at the US border for at-

tempting to cross without permission

With respect to the other countries that require

visas of citizens of six or more LAC countries, we

ﬁnd the countries of the Northern Triangle (El Sal-

vador, Guatemala, and Honduras) and Costa Rica

in Central América, Guyana in the Caribbean, and

Paraguay in South America. In ﬁve of these eight

cases, the Guyanese visa requirements seem to be

based on reciprocity, as those eight countries also

require visas for Guyanese. The three exceptions

are El Salvador, Haiti, and Nicaragua. Paraguay

requires visas for nationals of eight countries of

the Caribbean, though this is reciprocal only with

Guyana and Surinam.

Joint Foreign Ministry-Government communiqué of Mexico, “México suspende temporalmente exención de visas para nacio-

nales ecuatorianos”, August 20, 2021, available here: https://www.gob.mx/sre/prensa/mexico-suspende-temporalmente-exen-

cion-de-visas-para-nacionales-ecuatorianos-280613?idiom=es (last accessed December 28, 2021).

US Customs and Border Patrol had more than 97 thousand encounters with Ecuadorians attempting to cross the US border

without permission in ﬁscal year 2021. While it is possible that some persons were encountered more than once, this is still

eight times the number of Ecuadorians in similar circumstances in 2020. See https://www.cbp.gov/newsroom/stats/nationwi-

de-encounters

Migration Policy Regimes 23

FIGURE 3: Number of Countries in LAC Whose Nationals Are Required to Hold a Visa

to Enter Other Countries

Source: Compiled by the authors. See datamig.iadb.org/law-map.

1-5

6-10

>10

MEXICO

BELIZE

THE BAHAMAS

DOMINICAN REPUBLIC

BARBADOS

GUYANA

SURINAME

BRAZIL

URUGUAY

ARGENTINA

CHILE

PERU

ECUADOR

COLOMBIA

BOLIVIA

PARAGUAY

VENEZUELA

TRINIDAD AND TOBAGO

HAITI

JAMAICA

HONDURAS

NICARAGUA

GUATEMALA

EL SALVADOR

PANAMA

COSTA RICA

Migration Policy Regimes 24

TABLE 4: Number of Countries in LAC Requiring Visas for Nationals of Each Country

Source: Compiled by the authors.

Number of countries

Argentina, Brazil, Costa Rica, Uruguay

Barbados, Chile, Mexico, Trinidad and Tobago

Belize, Colombia, Panama, Peru, Paraguay

Bahamas, Guatemala

Ecuador, El Salvador, Honduras

Bolivia, Guyana, Jamaica

Nicaragua

Suriname

Dominican Republic

Venezuela

Haiti

Countries

If the data is analyzed from the point of view of

the number of destination countries that nation-

als of each country can visit without a visa, only

the citizens of Argentina, Brazil, Costa Rica, and

Uruguay have the privilege of entering all other

borrowing member countries without a visa. Na-

tionals of Barbados, Chile, Mexico, and Trinidad

and Tobago require visas for just one state, and

those of six other countries in two (see table 4).

All other countries except Bolivia require visas for

Haitian nationals, including other countries in the

Caribbean.

Second, several states have introduced visa re-

quirements for Venezuelan nationals in recent

years, namely Honduras and Panama in 2017;

Guatemala in 2018; Chile, Ecuador, the Dominican

Mexico and Costa Rica also introduced visa requirements for Venezuelan nationals in January and February 2022, respectively.

CARICOM, Thirty-Ninth Regular Meeting of the Conference of Heads of Government of the Caribbean Community, Montego Bay,

Jamaica, July 4–6, 2018, p. 12.

Republic, Peru, and Trinidad and Tobago in 2019;

and Nicaragua in 2021

(Chaves-González and

Echevarría Estrada 2020; Acosta, Blouin, and Frei-

er 2019).

Another noteworthy point in the case of Haiti is

the uncertain relationship between the right to

freedom of movement that derives from regional

agreements and the application of visa require-

ments. For example, in 2018, the heads of state

and government of the CARICOM countries de-

cided to recognize Haitian citizens’ right to move

to another member state for stays of up to six

months, subject to certain conditions.

However,

this right is not being complied with in practice for

various reasons.

Migration Policy Regimes 25

4. Temporary Residency

entered the country regularly before May 2023

(article 4). Bilateral agreements on this matter are

also commonplace in South America and include,

for example, the agreements signed between Ec-

uador and Venezuela (2010), Argentina and Brazil

(2005), and Brazil and Uruguay (2013). The rel-

evant regional treaties include the MERCOSUR,

Bolivia, and Chile Residency Agreement and the

MERCOSUR Residency Agreement, both of which

have been in force since 2009; the Andean Migra-

tory Statute, in force since August 11, 2021; and

Articles 45 and 46 of the CARICOM Revised Trea-

ty of Chaguaramas, which entered into force on

January 1, 2006. These three agreements dier in

terms of scope—in other words, who they apply

to and what rights they entail—but they all facili-

tate the residency of thousands of people in South

America and the Caribbean.

Third, reciprocity is not always a prerequisite.

For example, Argentina, Brazil, and Uruguay oer

residency rights to nationals of Guyana, Surina-

me, and Venezuela even though this treatment is

not reciprocal. Brazil also enables Haitian nation-

als to apply for a temporary visa at its Port-au-

Prince Consulate, which can be transformed after

arrival in Brazil into a two-year residency permit

(Fernandes et al. 2013). Likewise, El Salvador al-

lows residency for those who are nationals of oth-

er Central American countries by birth, a privilege

that Salvadorans do not enjoy in these countries.

Finally, several Caribbean countries (e.g., Barba-

dos, Guyana, Jamaica, or Trinidad and Tobago)

give special treatment to citizens of the Bahamas,

or Haiti, or both, even though these countries do

not implement the CARICOM agreement for the

free movement of skilled workers. Consequently,

Colombia’s decision in 2016 not to oer the right

of residency to Chilean nationals due to the lack of

existing reciprocity is not a pattern that is always

observed.

This indicator examines whether a country allows

privileged access to temporary residency for na-

tionals of another state in the region. The main

ﬁnding is that free residency clauses have become

commonplace and now exist in the legislation of

17 of the 26 borrowing member countries. That

said, a few points need to be explored in greater

detail.

First, the only countries that do not allow privi-

leged access to residency for nationals of at least

one other country are the Bahamas and Haiti in

the Caribbean, and Costa Rica, Guatemala, Hon-

duras, Nicaragua, Panama, the Dominican Repub-

lic, and Mexico in Mesoamerica. Mexico’s position

is explained by the fact that it is not a party to any

regional agreement with freedom of movement

rules. Likewise, the Bahamas has not ratiﬁed the

2001 Revised Treaty of Chaguaramas, while Haiti

does not apply the part concerning the free move-

ment of certain skilled workers despite having rat-

iﬁed it. Finally, the Central American Free Mobility

Agreement that was adopted as part of SICA was

agreed on by only four countries (El Salvador, Gua-

temala, Honduras, and Nicaragua) and is intended

to allow intraregional transit but not residency.

Second, rules facilitating residency can be found

not only in regional agreements but also in bilat-

eral treaties and domestic legislation. For exam-

ple, Argentina, Brazil, Uruguay, and El Salvador

establish residency rights for nationals of certain

countries in the region in their domestic legisla-

tion. This is also the case for Colombia, although

on a temporary basis: Decree 216 of 2021 enables

Venezuelan nationals to request residency if they

4.a Preferential access

to temporary residency

Migration Policy Regimes 26

FIGURE 4: Preferential Access to Temporary Residency

Source: Compiled by the authors. See datamig.iadb.org/law-map.

For Regional Migrants

and some others

MEXICO

BELIZE

THE BAHAMAS

DOMINICAN REPUBLIC

BARBADOS

GUYANA

SURINAME

BRAZIL

URUGUAY

ARGENTINA

CHILE

PERU

ECUADOR

COLOMBIA

BOLIVIA

PARAGUAY

VENEZUELA

TRINIDAD AND TOBAGO

HAITI

JAMAICA

HONDURAS

NICARAGUA

GUATEMALA

EL SALVADOR

PANAMA

COSTA RICA

Migration Policy Regimes 27

TABLE 5: Temporary Residency

CARIBBEAN

BAHAMAS

Preferential

access to

temporary

residence

For some

nationals of

the subregion

For some

nationals of

the subregion

For some

nationals of

the subregion

For some

nationals of

the subregion

For some

nationals of

the subregion

For some

nationals of

the subregion

and some others

BARBADOS BELIZE GUYANA HAITI JAMAICA SURINAME TRINIDAD & TOBAGO

Permanent

regularization

mechanisms

No No

Not

Available

Not

Available

Not

Available

Not

Available

Not

Available

Not

Available

Not

Available

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

One

extraordinary

regularization

has been

carried out

One

extraordinary

regularization

has been

carried out

Extraordinary

regularization

mechanisms

since 2000

Preferential

access to

temporary

residence

For some

nationals

of South

America

For some

nationals

of South

America

For some

nationals

of South

America

For some

nationals

of South

America

For some

nationals

of South America

and some others

Permanent

regularization

mechanisms

Not

Available

Available Available Available Available

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

One

extraordinary

regularization

has been

carried out

extraordinary

regularizations

have been

carried out

SOUTHERN CONE

ARGENTINA BRAZIL CHILEPARAGUAY URUGUAY

Extraordinary

regularization

mechanisms

since 2000

Preferential

access to

temporary

residence

For some

nationals of

the subregion

Permanent

regularization

mechanisms

No No No No No No No

Not

Available

Not

Available

Not

Available

Not

Available

Available Available Available Available

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

One

extraordinary

regularization

has been

carried out

One

extraordinary

regularization

has been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

MESOAMERICA + MEXICO

COSTA RICAEL SALVADORGUATEMALA HONDURASMEXICO NICARAGUA

PANAMA

DOMINICAN

REPUBLIC

Extraordinary

regularization

mechanisms

since 2000

Migration Policy Regimes 28

Preferential

access to

temporary

residence

For some

nationals

of South

America

For some

nationals

of South

America

For some

nationals

of South

America

For some

nationals

of South

America

For some

nationals

of South

America

Permanent

regularization

mechanisms

Extraordinary

regularization

mechanisms

since 2000

Not

Available

Not

Available

Available Available Available

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

extraordinary

regularizations

have been

carried out

ANDEAN

ECUADOR PERUBOLIVIA COLOMBIA VENEZUELA

TABLE 5: Temporary Residency (cont.)

Source: Compiled by the authors.

The database distinguishes between two dierent

regularization procedures. Permanent regulariza-

tion mechanisms (4.b) are procedures that are

established by law or in the implementing regu-

lations and that allow any individual to beneﬁt

from them at any time if certain requirements are

met. In contrast, extraordinary programs (4.c), dis-

cussed below, only apply for a limited time and are

normally regulated by means of a decree or ad-

ministrative order issued by the executive.

The main trend that we want to highlight is that

permanent regularization mechanisms have be-

come commonplace in the region and are in place

in 13 countries.

First, most countries have incorporated these

mechanisms as part of the new migration laws

they have passed since 2000 (Bauer 2019). This

includes Argentina (2004), Uruguay and Panama

(2008), Costa Rica (2009), Mexico (2011), Nicara-

gua (2011), Bolivia (2013), Guatemala (2016), and

Brazil, Ecuador, and Peru (2017). The only excep-

tions are Paraguay (whose procedure is in its 1996

Migration Act) and Belize, whose procedure was

established in its 1958 Immigration Act, which

was passed more than two decades before its in-

dependence in 1981. A consensus thus seems to

be emerging in Latin America that these instru-

ments are a valid form of migration management.

4.b Permanent regularization

mechanisms

However, this consensus does not extend to the

Caribbean, since no country other than Belize has

such permanent procedures in place.

Second, in South America, these mechanisms

cannot be viewed separately from the adoption

of the MERCOSUR Residency Agreements and

the Andean Migratory Statute. Both instruments

function as permanent regularization mechanisms

since they allow nationals of countries that are

party to them to obtain a residency permit in the

destination country regardless of whether their

migration status is irregular.

Third, the scope of application diers consid-

erably in each case. For example, in Belize, reg-

ularization can only be requested by those who

entered the country as minors and have resided

there for ten years. Likewise, in Argentina, those

who have entered the country irregularly cannot

start regularization proceedings even though this

runs counter to the MERCOSUR Residency Agree-

ments.

Fourth, they also vary in terms of the level of dis-

cretion granted to the administration. In Bolivia,

for example, the legislation simply states that the

General Migration Authority has the power to reg-

ularize temporary or permanent stays. In contrast,

in countries such as Argentina, Brazil, or Mexico

(Basok and Rojas Wiesner 2018), the individual

has the right, in some cases, to initiate the pro-

cess of requesting a regularization when certain

requirements are met.

Migration Policy Regimes 29

Finally, it is hard to evaluate how eective these

procedures are due to the absence of public sta-

tistics covering the number of residence per-

mits granted, the reasons for granting or deny-

ing these, or the nationality of those requesting

them. The IDB and OECD (2021) are working on

compiling statistics of this type, but more data is

needed to identify good practices to inform future

policies.

Extraordinary regularization programs are pro-

cesses that only apply for a limited time and are

normally adopted through administrative decrees

or orders. Our database includes all programs

adopted by each of the countries since January

2000.

The main ﬁnding is that extraordinary regulariza-

tion programs are widespread: at least 92 have

been adopted in 18 of the 26 countries since 2000

(see ﬁgure 5).

First, extraordinary programs are rarely imple-

mented in the Caribbean. Indeed, only very re-

cently have Suriname (2017) and Trinidad and

Tobago (2019) done so. In contrast, all countries

4.c Extraordinary regularization

programs

FIGURE 5: Extraordinary Regularization Programs, 2000–2021

Source: Compiled by the authors.

2000-2004 2005-2009 2010-2014 2015-2019 2020-2021

Andean Countries Caribbean Southern Cone Mesoamerica

in the remaining three subregions have used such

programs on at least one occasion, with the ex-

ception of Honduras and Nicaragua.

Secondly, the programs have become more fre-

quent over the years, as can be seen in ﬁgure 5.

It should be noted that the last period shown in

ﬁgure 5, 2020 to 2021, is only two years long yet

includes more extraordinary regularization initia-

tives than during the ﬁve years from 2000 to 2004.

Furthermore, many of the programs implemented

in the early 2000s were limited in scope and re-

sulted from agreements between South American

countries such as the bilateral agreement between

Argentina and Bolivia and between each of these

countries and Peru (Alfonso 2013). Regulariza-

tion programs have multiplied in recent years in

response to the arrival of growing numbers of mi-

grants, mainly from Venezuela, but also, to a much

lesser extent, from Europe, North America, Asia,

and Africa. Some countries have also taken ad-

vantage of the adoption of new migration laws to

establish exceptional regularization processes, as

was the case in Costa Rica in 2012, Guatemala in

2016, El Salvador in 2019, and Chile in 2021.

Third, the scope of application varies hugely in

terms of which individuals are eligible. In some cas-

es, the programs are aimed at those whose asylum

applications have been denied (Costa Rica, 2020),

those who have resided in the country for a long

Migration Policy Regimes 30

time (e.g., ten years in El Salvador, 2019; or seven

years in Uruguay, 2009), or those who have a job

oer or family ties (Mexico, 2003). Some countries,

such as Colombia or Panama, have been forced to

update their regularization processes on several

occasions to include new categories of people, as

there are still signiﬁcant numbers of people whose

status is irregular.

Fourth, the residence permits granted are usually

valid for one or two years, as is the case in Trinidad

and Tobago (2019). In this regard, the Temporary

Protection Statute adopted by Colombia in 2021 is

unusual in that it allows Venezuelan nationals who

meet the requirements to regularize their status

and obtain a residency permit that is valid through

2031 (Selee and Bolter 2021; Del Real 2022).

Fifth, it is not unusual for programs to target spe-

ciﬁc nationalities. Such approaches have beneﬁt-

ed nationals from countries outside the Ameri-

cas, such as South Korea (Argentina, 2014), China

(Panama, 2016 and 2018) or Senegal (Argentina,

2013; Brazil, 2019), and others from within the re-

gion, such as the Dominican Republic (Argentina,

2013; Brazil, 2019), or Haiti (Argentina, 2017; Bra-

zil, 2021; Ecuador, 2010). Recent years have seen

a large number of programs targeting Venezue-

lan nationals, such as those adopted by Colombia

and Peru from 2017 on, Ecuador (Álvarez Velasco

2020; Ramírez 2020) and Trinidad and Tobago in

2019, or the Dominican Republic in 2021.

Finally, it is worth noting that there no statistics

compiled on regularizations, which limits the

possibility of jointly analyzing all of these cas-

es. However, there are several studies, including

some from the IDB

, that have examined the im-

pacts of speciﬁc regularization programs in some

countries. Ibañez et al. (2022) studied one of the

largest programs, the granting of the Special Resi-

dence Permit (PEP in Spanish) that Colombia gave

to hundreds of thousands of Venezuelans in 2018.

According to the authors, ¨for migrants that ob-

tained one, the PEP resulted in an increase in their

wellbeing, in better labor conditions, and deep-

ened their access to state services.¨

The IDB and OECD (2021) compiled statistics on

the emission of residence permits in general, and

captured several regularizations including the PEP,

but work is pending to be able to analyze the 90

instances of extraordinary regularization, and the

permanent regularization programs that arise

from the recent migration laws. It is clear that reg-

ularization has become a policy tool in common

use in the region, and thus merits greater study as

a general phenomenon, beyond the speciﬁc cases

that have drawn attention thus far.

In addition to Ibáñez et al. (2022), Kossoudji and Cobb-Clark (2002), Kaushal (2006), and Bratsberg et al. (2006) reach similar

ﬁndings.

Migration Policy Regimes 31

5. Rights While Resident

Statute. Brazil has also adopted domestic mea-

sures that allow nationals from Guyana, Suriname,

Venezuela, and Haiti to access the labor market.

The same is true of El Salvador, where native-born

Central Americans enjoy privileged access to the

labor market.

This section provides information on whether for-

eigners with residency permits can access the la-

bor market and distinguishes whether countries

grant this to all foreigners or only to some

. The

indicator does not provide information on whether

individuals can be self-employed. The main ﬁnd-

ing is that the right of access to the labor market

is generally limited to certain categories of non-

nationals.

There is a small group of countries that generally

allow foreigners with a residency permit to access

the labor market. These countries include Argen-

tina, Bolivia, Chile, Ecuador, Guatemala, Peru, and

Uruguay.

The remaining countries only allow some foreign-

ers with residency permits to engage in paid work

or require a special prior authorization of some

kind to do so, as is the case for Jamaica, for ex-

ample.

Likewise, there is a major relationship between

regional freedom of movement agreements and

the right to work. This is the case in the Caribbean

countries, which apply the freedom of movement

framework for skilled workers (except in the Ba-

hamas and Haiti). It is also true in Brazil and Par-

aguay, which implement the MERCOSUR, Bolivia,

and Chile Residency Agreement, which Colom-

bia also applies, along with the Andean Migratory

5.a Right to work

This indicator examines whether the country’s laws

establish the right of access to healthcare for non-

nationals. The indicator contains two components:

“migrants with residency permits” and “migrants

without residency permits.” The main ﬁnding is

that most states that have adopted new immi-

gration laws in the last 20 years explicitly include

the right of access to health care for irregular mi-

grants and equal treatment for nationals and non-

nationals. That said, countries fall into four groups.

The ﬁrst contains countries that have passed im-

migration-related legislation since 2000 that ex-

plicitly include the right to access health services,

even for those without a residency permit. This

includes Argentina (2004), Brazil (2017), Chile

(2021), Ecuador (2017), El Salvador (2019), Mexico

(2011), Peru (2017), Uruguay (2008), and Venezu-

ela (2004). Bolivia (2013) and Guatemala (2016),

which also have recent migration laws, guarantee

this right for at least some people whose status

is irregular, such as pregnant women. Colombia

guarantees medical care for undocumented mi-

grants but only in emergencies.

5.b Right to healthcare

The IDB Migration Unit is ﬁnalizing a deeper study on the regulation of access to the labor market for migrants, that will be pu-

blished as part of this series on the Governance of Human Mobility.

Migration Policy Regimes 32

TABLE 6: 21

Century Migration Laws

Country

Right to

Healthcare

Right to

Education

Family

Reuniﬁcation

Permanent

Regularization

Mechanism

*Right granted through administrative orders prior or subsequent to the Migration Act.

** Ecuador’s Organic Human Mobility Act was reformed in 2021.

Source: Compiled by the authors.

Honduras

Argentina

Dom. Rep.

Venezuela

Panama

Uruguay

Costa Rica

Mexico

Nicaragua

Bolivia

Guatemala

Brazil

Ecuador**

Peru

El Salvador

Chile

Colombia

Some categories

All

Not regulated

All

Not regulated

All

Some categories

All

Not regulated

All

Some Categories*

Some categories

All

Not regulated

All

Not regulated

All

Not regulated

All

Not regulated

All*

Some categories

All*

All

Some categories

All

Some Categories*

Extended family

Nuclear family

Not regulated

Extended family

Extended family*

Yes

2003

2004

2008

2009

2011

2013

2016

2017

2019

2021

Year

In this case, the database provides additional information that comes from reports by international organizations on the practi-

cal implementation of the right to healthcare.

The second group contains countries whose legal

system establishes rights for foreigners in gener-

al, sometimes mentioning healthcare, but without

clearly specifying whether there is equal treatment

or whether this includes those who are undocu-

mented. This group includes Costa Rica, Honduras,

Panama, Paraguay, and the Dominican Republic.

The third group is made up of Caribbean countries

whose immigration laws were passed decades ago

and do not include a catalog of rights. In these

cases, reports from international organizations

have been used to determine access levels.

How-

ever, as this right is not explicitly set out in the law,

these states are not categorized as granting it. The

countries in this group are Bahamas, Barbados,

Belize, Guyana, Jamaica, Suriname, and Trinidad

and Tobago.

The last group is made up of Haiti and Nicaragua:

their Constitutions and migration laws appear only

to guarantee the right to healthcare for nationals.

Migration Policy Regimes 33

TABLE 7: Rights While Resident

CARIBBEAN

BAHAMAS

Permitted

for some

permit

categories

Permitted

for migrants

with residence

permit

Permitted for

the nuclear

family

(spouse and

minor children)

Preferences

based on

factors other

than

nationality

Preferences

based on

factors other

than

nationality

Preferences

for regional

migrants and

based on

other factors

Permitted

in all

elections

(local and

national)

Permitted

in all

elections

(local and

national)

Permitted

in all

elections

(local and

national)

Permitted

in all

elections

(local and

national)

Permitted

in all

elections

(local and

national)

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Preferential

access for

regional

migrants

Preferential

access for

regional

migrants

Permitted for

the nuclear

family

(spouse and

minor children)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for some

permit

categories

Permitted

for some

permit

categories

Permitted

for some

permit

categories

Permitted

for some

permit

categories

Permitted

for some

permit

categories

Permitted

for some

permit

categories

Permitted

for some

permit

categories

BARBADOS BELIZE GUYANA HAITI JAMAICA SURINAME TRINIDAD & TOBAGO

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Labor

Markets

Healthcare

Education

Family

reuniﬁcation

Permanent

Residence

Right

to Vote

Permitted,

in general,

for all residence

categories

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

the extended

family (other

family

members)

Permitted

in local

elections

Permitted

in local

elections

Permitted

in all

elections

(local and

national)

Permitted

in all

elections

(local and

national)

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Preferential

access for

regional

migrants

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for some

permit

categories

Permitted,

in general,

for all residence

categories

Permitted

for some

permit

categories

Permitted,

in general,

for all residence

categories

Not

Granted

SOUTHERN CONE

ARGENTINA BRAZIL CHILE PARAGUAY URUGUAY

Labor

Markets

Healthcare

Education

Family

reuniﬁcation

Permanent

Residence

Right

to Vote

Migration Policy Regimes 34

TABLE 7: Rights While Resident (cont.)

Permitted

for some

permit

categories

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Preferences

based on

factors other

than

nationality

Preferences

based on

factors other

than

nationality

Preferences

based on

factors other

than

nationality

Preferences

based on

factors other

than

nationality

Preferences

based on

factors other

than

nationality

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for migrants

with residence

permit

Permitted

for some

permit

categories

Permitted,

in general,

for all residence

categories

Permitted

for some

permit

categories

Permitted

for some

permit

categories

Permitted

for some

permit

categories

Permitted

for some

permit

categories

Permitted

for some

permit

categories

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Not

Granted

Labor

Markets

Healthcare

Education

Family

reuniﬁcation

Permanent

Residence

Right

to Vote

MESOAMERICA + MEXICO

COSTA RICA EL SALVADOR GUATEMALA HONDURAS MEXICO NICARAGUA

PANAMA

DOMINICAN

REPUBLIC

Permitted,

in general,

for all residence

categories

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted for

all migrants

even without

residence permit

Permitted

in local

elections

Permitted

in local

elections

Permitted

in local

elections

Permitted

in local

elections

Permitted

in all

elections

(local and

national)

Preferential

access for

regional

migrants

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Preferences

for regional

migrants and

based on

other factors

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted for

the extended

family (other

family

members)

Permitted

for migrants

with residence

permit

Permitted

for some

permit

categories

Permitted,

in general,

for all residence

categories

Permitted,

in general,

for all residence

categories

Permitted

for some

permit

categories

Not

Granted

ANDEAN

ECUADOR PERUBOLIVIA COLOMBIA VENEZUELA

Labor

Markets

Healthcare

Education

Family

reuniﬁcation

Permanent

Residence

Right

to Vote

Source: Compiled by the authors.

Migration Policy Regimes 35

This indicator examines whether the country’s laws

establish the right for nonnationals to access ed-

ucation. The indicator contains two components:

“migrants with residency permits” and “migrants

without residency permits.”

As with access to the right to healthcare, the main

ﬁnding is that most states that have adopted new

immigration laws in the last 20 years explicitly

include the right for migrants without residency

permits (those whose status is irregular) to ac-

cess education and equal treatment for nationals

and nonnationals. Countries can be grouped as

follows:

The ﬁrst contains countries that have passed im-

migration-related legislation since 2000 that ex-

plicitly include the right to access education (see

table 2), even for those without a residency permit.

This is the case in Argentina (2004), Chile (2021),

Mexico (2011), Peru (2017), Uruguay (2008), and

Venezuela (2004). In Brazil, Bolivia, and Ecuador,

the right is not recognized in recent migration leg-

islation but is contained in other administrative or-

ders adopted in recent years.

The second group is made up of countries whose

legislation does not specify whether there is equal

treatment in access to education or whether this

includes those who are undocumented. This group

includes Costa Rica, El Salvador, Guatemala, Hon-

duras, Paraguay, and the Dominican Republic.

The third group is made up of Caribbean countries

whose immigration laws were passed decades

ago and do not include the right to education. The

countries in this group are Bahamas, Barbados,

Suriname, and Trinidad and Tobago.

The ﬁnal group is made up of countries that do

not explicitly grant the right of access to educa-

tion to foreigners or those in an irregular situation.

Colombia grants this right to Venezuelan citizens

regardless of their migration status, but not to oth-

er irregular migrants. In Panama and Nicaragua, a

residency permit is required to enroll in the edu-

cation system. In Belize, the law grants nationals

and permanent residents the right to access edu-

cation, but not others. Finally, the constitutions of

Guyana, Jamaica, and Haiti only enshrine the right

to education for nationals. In other cases, the da-

tabase indicates when irregular migrants do not

have access to education due to there being no

5.c Right to education

speciﬁc clause in the legislation granting them this

right. It is possible, however, that individuals may

have access to the right to education based on

a combined reading of the Constitution, national

legislation, and the international treaties to which

the state is a party (particularly the Convention on

the Rights of the Child). This is the case in the Ba-

hamas and Costa Rica, among others.

This indicator examines whether the country’s laws

explicitly establish the right to the reuniﬁcation of

both the nuclear family (spouse and underage chil-

dren) and the extended family. The indicator thus

covers both of these aspects. The main ﬁnding is

that most states allow reuniﬁcation with both the

nuclear family and other family members.

First, the right to family reuniﬁcation (which is

sometimes known as family unity or the preserva-

tion of family unity) has been made a right in many

recent immigration acts, including those of Argen-

tina (2004), Uruguay (2008), Bolivia (2013), Brazil

(2017), Chile (2021), Ecuador (2017 law following

the reform of article 1 in 2021), Mexico (2011), or

Peru (2017).

Second, it is worth mentioning that 21 of the 26

IDB borrowing member states use broad deﬁni-

tions of “family” that extend beyond the nuclear

family. The only exceptions are the Bahamas and

Suriname, which only allow for reuniﬁcation with

the nuclear family, and Haiti, Jamaica, and Vene-

zuela, which have not legislated the issue. The Do-

minican Republic is at a halfway point: it recog-

nizes the reuniﬁcation of disabled adult children

but only with Dominican nationals or permanent

residents, not with temporary residents. The most

relatives with whom reuniﬁcation beyond the nu-

clear family is most often recognized include civil

unions (e.g., Guatemala, Peru, and Mexico), older

children with disabilities (e.g., Argentina, Bolivia,

Colombia, and Uruguay), parents (e.g., Chile, Nic-

aragua, and Paraguay), grandchildren and grand-

parents (e.g., Ecuador, Honduras, and Trinidad and

Tobago), siblings (e.g., Costa Rica), or others up

to the second degree of anity (e.g., El Salvador).

Third, in some cases, applicants are required to

have a permanent residency permit (e.g., Bahamas,

Colombia, Ecuador, Honduras, and Paraguay), and

in some countries, there is preferential treatment

for citizens from the region (e.g., Belize, Guyana,

and Jamaica).

5.d Right to family reuniﬁcation

Migration Policy Regimes 36

Finally, it should be noted that the only countries

that lack a clear regulatory framework on family

reuniﬁcation are Venezuela, which has not passed

the regulations for the migration law that should

have legislated this issue, Haiti (which has not de-

veloped legislation on the issue), and Jamaica,

which has only done so for skilled workers from

other CARICOM countries.

This indicator examines whether a country allows

privileged access to permanent residency for na-

tionals of another state in the region and wheth-

er it allows other categories of foreigners who are

not nationals of LAC countries to do so. The main

ﬁnding is that most countries (19 in total) grant

privileged treatment around access to permanent

residency for nationals of other countries in the

region by virtue of regional or bilateral treaties or

domestic legislation.

First, several countries allow privileged access

to permanent residency for nationals of another

state in the region. This is mainly the case in South

America as a consequence of the two MERCOSUR

Residency Agreements and the Andean Migratory

Statute, which establish this right after migrants

have spent two years in the country. The countries

that apply it are Argentina, Bolivia, Brazil, Chile,

Colombia, Ecuador, Paraguay, Peru, and Uruguay.

There are also bilateral agreements that facili-

tate access to permanent residency either direct-

ly (agreements between Uruguay and Argentina,

and Uruguay and Brazil) or by establishing privi-

leged treatment (the agreement between Ecuador

and Venezuela). Finally, Argentina and Brazil ex-

tend permanent residency privileges to nationals

of Guyana, Suriname, and Venezuela, and Brazil

also does so for Haiti. Uruguay is unique in the re-

gion in that it directly grants permanent residency

to nationals of the remaining 11 South American

countries, without the need for them to ﬁrst obtain

temporary residency.

5.e Right to permanent residence

The instruments that facilitate the movement with-

in CARICOM or SICA of nationals from the same

region do not include any norms on permanent

residency. Despite this, some countries—such as

Barbados, Belize, Guyana, Jamaica, Trinidad and

Tobago, or Suriname—give privileged treatment to

skilled workers from CARICOM countries. Guate-

mala grants permanent residency to those born in

other Central American countries when they have

been temporary residents for one year, instead of

the ﬁve required for nationals of other countries,

while in El Salvador and Nicaragua, regional na-

tionals can obtain permanent residency rights

directly. Panama is unusual in that it oers direct

permanent residency rights to Italian nationals

under a bilateral agreement, a unique example of

regulation with a country outside the region.

Second, most countries (23 in total), allow various

categories of foreigners to obtain permanent res-

idency even if they are not nationals of a country

in the region. The only three exceptions are Vene-

zuela, whose regulations to the legislation on this

issue were never adopted; Guyana, which only

allows this for family members of skilled workers

under the CARICOM agreement; and Suriname,

which has no clearly established rules but depends

on the administrative discretion of the executive.

The reasons for which a person can obtain perma-

nent residency are very varied and include having

lived in the country for a certain number of years,

usually between three (e.g., Argentina, Costa Rica,

or Nicaragua) and ﬁve (e.g., Belize, Colombia, Gua-

temala or Honduras), although Ecuador only re-

quires 21 months. Some countries allow the family

members of nationals or foreigners with residency

rights privileged access to permanent residency.

This includes Argentina, Barbados, Colombia, Cos-

ta Rica, Ecuador, Mexico, Paraguay, and Uruguay.

A third category is investors, annuitants, or retir-

ees. This is the case in countries such as Barbados,

Guatemala, Jamaica, Mexico, Paraguay, and the

Dominican Republic.

Finally, in some countries, access to permanent

residence is facilitated for refugees or victims of

human tracking, as is the case in Brazil, Mexico,

or Uruguay.

Migration Policy Regimes 37

FIGURE 6. Preferential Access to Permanent Residency

Source: Compiled by the authors. See datamig.iadb.org/law-map.

Preferential access

for regional migrants

Preferences based

on factors other than

nationality

Preferences for regional

migrants and based

on other factors

MEXICO

BELIZE

THE BAHAMAS

DOMINICAN REPUBLIC

BARBADOS

GUYANA

SURINAME

BRAZIL

URUGUAY

ARGENTINA

CHILE

PERU

ECUADOR

COLOMBIA

BOLIVIA

PARAGUAY

VENEZUELA

TRINIDAD AND TOBAGO

HAITI

JAMAICA

HONDURAS

NICARAGUA

GUATEMALA

EL SALVADOR

PANAMA

COSTA RICA

Migration Policy Regimes 38

This section examines whether the country en-

ables nonnationals to exercise the right to vote

in two types of elections: local and national. The

main ﬁnding is that the majority of the states in-

cluded in our analysis (15 of the 26) allow the na-

tionals of certain countries the right to vote in lo-

cal elections, at least (see ﬁgure 7). The countries

fall into ﬁve groups.

The ﬁrst group contains the three countries that al-

low nonnationals to vote in both local and national

elections without discrimination on the grounds

of nationality. These are Chile, Ecuador, and Uru-

guay, although their residency requirements dier:

ﬁve years in the former two and ﬁfteen in Uruguay

(Finn 2020).

The second group contains Caribbean countries

that allow Commonwealth nationals (but not those

of other countries) to vote in both types of elec-

tions.

This group made up of Barbados, Belize,

Guyana, Jamaica, and Trinidad and Tobago.

The third group includes countries that only al-

low nonnationals to vote in local elections. These

countries are Argentina, Bolivia, Colombia, Par-

aguay, Peru, and Venezuela. The group also in-

cludes Trinidad and Tobago, where citizens from

non-Commonwealth member states may vote in

local elections.

5.f Right to vote

The Commonwealth has 54 member states. For more information, see https://thecommonwealth.org/member-countries

Brazil represents a fourth group in itself. The only

foreigners that are granted voting rights are those

of Portuguese nationality, who can exercise it in

both types of elections after they have resided in

the country for three years, as a result of a bilateral

agreement in force between the two countries.

Finally, there are the countries that do not allow

foreigners to vote. These countries are the Baha-

mas, Costa Rica, Dominican Republic, El Salvador,

Guatemala, Haiti, Honduras, Mexico, Nicaragua,

Panama, and Suriname.

These groupings point to a signiﬁcant dierence

between the ten Southern Cone and Andean states,

which all allow some type of political participation

(albeit in a very limited fashion in the case of Bra-

zil); the Caribbean countries that were formerly

British colonies, which allow Commonwealth citi-

zens to vote; and the countries of Central America,

Mexico, and those Caribbean countries that were

not British colonies, which all prohibit nonnation-

als from any type of political participation.

It is also worth noting that the right to freedom

of movement within the region has not played a

highly signiﬁcant role in this matter. Only the re-

cent Andean Migration Statute establishes, in arti-

cle 9, that Andean citizens who obtain permanent

residency have the right to vote in local elections.

As the right to permanent residency can be ob-

tained in two years, this will beneﬁt those wishing

to vote in Colombia or Ecuador, which otherwise

requires nonnationals to be resident for ﬁve years

before they can acquire the right to vote.

Migration Policy Regimes 39

FIGURE 7: Access to Voting Rights for Resident Immigrants

Source: Compiled by the authors. See datamig.iadb.org/law-map.

Not permitted for

migrants

Permitted in local

elections

Permitted in all

elections (local and

national)

MEXICO

BELIZE

THE BAHAMAS

DOMINICAN REPUBLIC

BARBADOS

GUYANA

SURINAME

BRAZIL

URUGUAY

ARGENTINA

CHILE

PERU

ECUADOR

COLOMBIA

BOLIVIA

PARAGUAY

VENEZUELA

TRINIDAD AND TOBAGO

HAITI

JAMAICA

HONDURAS

NICARAGUA

GUATEMALA

EL SALVADOR

PANAMA

COSTA RICA

Migration Policy Regimes 40

6. Nationality

This section analyses whether a country automati-

cally grants nationality to those born in its territo-

ry, regardless of the nationality of their parents or

their parents’ place of birth.

Jus soli prevails in IDB borrowing member coun-

tries. Just 5 of the 26 countries do not automati-

cally grant nationality through this rule. These are

the Bahamas, Colombia, the Dominican Republic,

Haiti, and Suriname. In this latter, jus soli only ap-

plies if there is a risk of statelessness. Colombia

has decided to grant nationality to the children of

Venezuelans born in its territory through a series

of temporary measures that have so far been ex-

tended until 2023. In Haiti, jus soli only applies if

the father or mother is of the “African race.” Final-

ly, jus soli was automatic in the Dominican Repub-

lic until the reform of the country’s Constitution in

2015.

It should also be noted that children of diplomats

do not automatically obtain nationality in some

countries, such as Brazil, Belize, Guatemala, Jamai-

ca, or Trinidad and Tobago. However, in Chile or

Nicaragua, a person born in the territory may sub-

sequently opt for nationality regardless of wheth-

er or not their parents were there as diplomats.

With the exception of some countries such as Ar-

gentina, most of the 26 countries cover this matter

in their constitutions. Jus soli is well established

in LAC—indeed, it has remained in place in many

states since their ﬁrst constitutions were adopted

after independence (Acosta 2018).

6.a Jus soli (the right to citizenship for

those born in the territory of a country)

This section examines whether a country allows

a parent to pass their nationality on to a child of

theirs born in another country.

Jus sanguinis also predominates in the 26 states.

Only four do not allow it automatically: Bahamas,

Panama, Paraguay, and Uruguay. In the case of the

Bahamas, jus sanguinis applies only if the father is

a national, but not if the mother is. In the remain-

ing three countries, a residency requirement must

be met before nationality can be obtained.

The other 22 countries accept it automatically,

although some, such as Ecuador, have higher re-

quirements if the parent is a naturalized national

rather than one by birth. This degree of accep-

tance may have to do with the large number of

emigrants from these countries that are living

abroad and states’ willingness to maintain ties

with their diasporas.

6.b Jus sanguinis (the right to citizenship

for children of nationals born abroad)

Migration Policy Regimes 41

This section explores whether a country allows

dual citizenship for citizens who obtain the nation-

ality of another country and for foreigners who

obtain the local nationality.

The main ﬁnding is that all countries accept some

form of dual nationality, with the exception of the

Bahamas (see ﬁgures 8 and 9). First, 22 countries

allow their nationality to be retained if their citi-

zens become naturalized abroad (indicator 6.c.1).

In some cases, the changes in legislation that

prompted this trend were the result of pressure

from emigrant groups, mainly in the United States

(Escobar 2007).

Second, 16 countries do not require foreigners

wishing to become naturalized to give up their ex-

isting nationality (indicator 6.c.2). However, there

are clear dierences between the dierent subre-

gions in this regard, since six countries in Meso-

america do establish this requirement, which is far

less common in South America (only Chile imple-

ments it) or the Caribbean (the Bahamas and Hai-

ti). In Uruguay, foreigners cannot naturalize, as will

be examined below.

Based on these two trends, the 26 countries can

be categorized into four groups. The ﬁrst includes

13 states that allow both forms of dual nationality,

i.e., nationals who obtain a second nationality and

foreigners who become naturalized local citizens.

This is the case in Argentina, Barbados, Belize,

Brazil, Bolivia, Colombia, the Dominican Republic,

Ecuador, El Salvador, Jamaica, Peru, Trinidad and

Tobago, and Venezuela.

The second group is made up of eight states that

allow their nationals to obtain a second nationality

but require foreigners who become naturalized to

give up their existing nationality. The states that

6.c Dual nationality

follow this approach are Chile, Costa Rica, Guate-

mala, Haiti, Honduras, Mexico, and Nicaragua. Uru-

guay is also included in this group as foreigners

cannot naturalize but can instead only obtain an

alternative legal status known as “legal citizen-

ship.” In the case of Guatemala, those acquiring

Guatemalan nationality are not required to give up

their previous nationality if they are nationals by

birth of Belize or one of the countries that were

part of the Central American Republic. In Nicara-

gua, the requirement does not apply to Spanish or

Central American citizens. In Costa Rica, there are

exceptions if bilateral agreements are in place, and

Panama applies exceptions if there is reciprocity.

The third group is made up of Guyana and Surina-

me, whose nationals lose their nationality if they

acquire another, and Panama and Paraguay, whose

nationals lose citizenship (that is, the exercise of

political rights) if they obtain another nationality.

However, foreigners who become nationals are not

required to give up their existing nationality. Guy-

ana makes an exception when its citizens obtain

a second nationality by marriage, in which case

they do not lose their Guyanese nationality. In Par-

aguay, nationals can acquire Spanish or Italian na-

tionality without losing their citizenship as a result

of bilateral agreements.

The Bahamas is the only country in the last group,

as it does not allow dual nationality under any cir-

cumstances, which sets it apart in the region.

Finally, it should be stressed that some countries

distinguish between nationals by birth that hold

two nationalities and those who have acquired

their nationality through naturalization and who

lose this if they opt to become citizens of another

country. This is the case, for example, in Honduras,

Mexico, Panama, Trinidad and Tobago, and even in

Uruguay, where individuals lose their legal citizen-

ship if they subsequently become naturalized in

another state.

Migration Policy Regimes 42

FIGURE 8: Dual Citizenship for Nationals Who Acquire Another Country’s Nationality

Source: Compiled by the authors. See datamig.iadb.org/law-map.

Permitted

Not permitted

MEXICO

BELIZE

THE BAHAMAS

DOMINICAN REPUBLIC

BARBADOS

GUYANA

SURINAME

BRAZIL

URUGUAY

ARGENTINA

CHILE

PERU

ECUADOR

COLOMBIA

BOLIVIA

PARAGUAY

VENEZUELA

TRINIDAD AND TOBAGO

HAITI

JAMAICA

HONDURAS

NICARAGUA

GUATEMALA

EL SALVADOR

PANAMA

COSTA RICA

Migration Policy Regimes 43

TABLE 8: Nationality

CARIBBEAN

BAHAMAS

Ius soli

Ius Sanguinis

Naturalization

Automatic Automatic Automatic Automatic Automatic

BARBADOS BELIZE GUYANA HAITI JAMAICA SURINAME TRINIDAD & TOBAGO

Dual

Citizenship

- Permitted

for nationals

naturalizing

abroad

Dual

citizenship

- Permitted

for foreigners

naturalizing

in the host

country

Not Automatic

Automatic Automatic Automatic Automatic AutomaticAutomatic Automatic

Not Automatic

Not Automatic Not Automatic

Not

Permitted

Not

Permitted

Not

Permitted

Not

Permitted

Not

Permitted

Permitted Permitted Permitted Permitted Permitted

Permitted Permitted Permitted Permitted Permitted Permitted

PermittedPermitted

Permitted

Permitted Permitted Permitted Permitted Permitted

Ius soli

Ius Sanguinis

Naturalization

Automatic Automatic AutomaticAutomatic Automatic

Dual

Citizenship

- Permitted

for nationals

naturalizing

abroad

Dual

citizenship

- Permitted

for foreigners

naturalizing

in the host

country

Automatic AutomaticAutomatic

Not Automatic Not Automatic

Not

Permitted

Not

Permitted

Not

Permitted

Not

Permitted

PermittedPermitted Permitted

PermittedPermitted

Permitted

Permitted Permitted

SOUTHERN CONE

ARGENTINA BRAZIL CHILEPARAGUAY URUGUAY

Migration Policy Regimes 44

TABLE 8: Nationality (cont.)

Source: Compiled by the authors.

Ius soli

Ius Sanguinis

Naturalization

Automatic AutomaticAutomatic Automatic

Dual

Citizenship

- Permitted

for nationals

naturalizing

abroad

Dual

citizenship

- Permitted

for foreigners

naturalizing

in the host

country

Automatic Automatic Automatic AutomaticAutomatic

Not Automatic

PermittedPermitted Permitted Permitted Permitted

Permitted PermittedPermitted Permitted Permitted

Permitted

Permitted Permitted Permitted

ANDEAN

ECUADOR PERUBOLIVIA COLOMBIA VENEZUELA

Ius soli

Ius Sanguinis

Naturalization

AutomaticAutomatic Automatic Automatic Automatic Automatic Automatic

Dual

Citizenship

- Permitted

for nationals

naturalizing

abroad

Dual

citizenship

- Permitted

for foreigners

naturalizing

in the host

country

Automatic Automatic Automatic AutomaticAutomatic Automatic Automatic

Not Automatic

Not

Permitted

Not

Permitted

Not

Permitted

Not

Permitted

Not

Permitted

Not

Permitted

Not

Permitted

Permitted Permitted Permitted Permitted PermittedPermitted Permitted

Permitted Permitted

PermittedPermitted

Permitted

Permitted Permitted Permitted Permitted Permitted

MESOAMERICA + MEXICO

COSTA RICAEL SALVADORGUATEMALA HONDURASMEXICO NICARAGUA

PANAMA

DOMINICAN

REPUBLIC

Migration Policy Regimes 45

FIGURE 9: Dual Citizenship for Foreigners Who Acquire the Country’s Nationality

Source: Compiled by the authors. See datamig.iadb.org/law-map.

Permitted

Not Permitted

MEXICO

BELIZE

THE BAHAMAS

DOMINICAN REPUBLIC

BARBADOS

GUYANA

SURINAM

BRAZIL

URUGUAY

ARGENTINA

CHILE

PERU

ECUADOR

COLOMBIA

BOLIVIA

PARAGUAY

VENEZUELA

TRINIDAD AND TOBAGO

HAITI

JAMAICA

HONDURAS

NICARAGUA

GUATEMALA

EL SALVADOR

PANAMA

COSTA RICA

Migration Policy Regimes 46

This section looks at whether the country oers

the possibility of naturalization through residen-

cy. This is the case in all countries except Uruguay

where, as already mentioned, naturalization does

not exist as a legal concept, and foreigners can

only obtain a status known as “legal citizenship”

but not nationality. The additional information col-

lected for each of the 26 states enables us to make

some additional observations.

First of all, the number of years of residency that

countries require nonnationals to comply with pri-

or to applying for nationality varies enormously,

ranging from two years in Argentina and Peru to

ten years in Venezuela. Many states reduce the

length of residency required for certain national-

ities. For example, Jamaica does so for nationals

of Commonwealth countries or Ireland, Guatema-

la for those of Central American countries, Brazil

for those of Portuguese-speaking countries, and

Colombia or Venezuela for nationals of LAC and

Spain in both cases, and those of Portugal and It-

aly in the case of Venezuela. Some states also re-

duce the required residency period for those who

are married to a national (e.g., Colombia, Ecuador,

or Panama), or whose children are nationals (e.g.,

Bolivia or Brazil).

6.d Naturalization

Secondly, some states require applicants to have

a permanent residency permit before applying for

naturalization (e.g., Brazil, Nicaragua, or the Do-

minican Republic). This implies that those with a

temporary residency permit can never obtain cit-

izenship unless they ﬁrst obtain a permanent one.

Finally, most states establish a variety of condi-

tions for this process, many of which they share,

such as knowledge of the country’s language,

holding a job or possessing certain resources, not

having a criminal record, or taking an oath in a cer-

emony. With only a few exceptions (e.g., Argenti-

na or Chile), states reserve the power not to grant

nationality even if applications meet these condi-

tions, as doing so is understood as a discretionary

power of the state.

As was mentioned in the section on residency and

regularizations, public statistics are severely lack-

ing not only on the total number of naturalizations

per year, but also on the nationality of those re-

questing them, the numbers of applications that

are rejected, the reasons for this, or the estimated

processing time for the applications. Further re-

search into this matter is thus needed (Courtis and

Penchaszadeh 2015).

Migration Policy Regimes 47

7. Analysis of the Catalog of Migration

-Related Legal Instruments

migration legislation in Latin America, but not the

Caribbean, certain aspects of which are generous-

ly regulated on paper, although this is not always

the case in practice (Veiga 2021; Finn and Umpier-

rez de Reguero 2020; Ceriani 2011; Mármora 2010).

The group of countries that have also adopted new

refugee-related laws or regulations since 2000 can

be added to this list: Venezuela (2001), El Salva-

dor, Paraguay, and Peru (2002), Argentina (2006),

Uruguay (2007), Nicaragua (2008), Chile (2010),

Mexico (2011), Bolivia (2012), Colombia (2013), and

Guatemala (2019). Other countries, such as Costa

Rica or Ecuador, regulate the matter in the migra-

tion acts they adopted in 2009 and 2017, respec-

tively. Consequently, we could also speak of the

emergence of refugee legislation in Latin America.

In most cases, broad principles are included in the

letter of the law—such as the expanded deﬁnition

of the Cartagena Declaration—even if these are not

always applied in practice (Acosta and Sartoretto

2020; Freier and Gauci 2021; Hammoud-Gallego

2021; Jubilut, Vera Espinoza, and Mezzanotti 2021).

The average number of years that have passed

since the laws (or other legal instruments) that are

in force in each subregion were adopted reveals a

range of patterns (ﬁgure 10). The countries of the

Andean region and the Southern Cone base their

migration policies on laws that are 8 to 12 years

old on average. In Mesoamerica, the average age

of these laws is over 20 years old, and in the Carib-

bean it is over 30.

As mentioned at the beginning of this report, this

database analyzes more than 435 legal instru-

ments adopted by the 26 IDB borrowing member

states. This section contains some ﬁnal comments

on our ﬁndings.

First, several countries have adopted migration

laws since 2000 (table 2). This includes 17 coun-

tries: Honduras (2003), Argentina, the Domin-

ican Republic, and Venezuela (2004), Uruguay

and Panama (2008), Costa Rica (2009), Mexico

(2011), Nicaragua (2011), Bolivia (2013), Guatemala

(2016), Brazil, Ecuador, and Peru (2017), El Salva-

dor (2019), Chile (2021) and Colombia (2021). In

other words, all IDB borrowing member countries

outside the Caribbean have substantially modi-

ﬁed their migration laws, except Paraguay (Santi

2019), where the migration law proposed in 2016

was ultimately not adopted.

Generally speak-

ing, with minimal exceptions such as Honduras,

the Dominican Republic, and Venezuela (which

grant a more limited set of rights), these new legal

frameworks have brought improvements in access

to various rights such as health, education, work,

and family reuniﬁcation, at least on paper. In many

cases, these laws have also included permanent

regularization mechanisms. Argentina’s Migra-

tion Act 25.871 of 2004 (Brumat and Torres 2015)

has played a core role by functioning as a model

that has been imitated to a certain extent by oth-

er countries in the region, speciﬁcally in aspects

such as family reuniﬁcation and rights of access to

healthcare and public education. It is thus not too

far-fetched to speak of the emergence of modern

Proposed Migration Act, Ministry of the Interior, General Migrations Department, Paraguay, 2016. See the following link (last

consulted January 17, 2022): http://www.migraciones.gov.py/index.php/noticias/presentan-propuesta-de-reforma-de-la-ley-mi-

gratoria-nacional-al-poder-legislativo

Migration Policy Regimes 48

There is no doubt that laws are preferable as a leg-

islative approach to other types of instruments,

since they favor security, predictability, and legal

certainty for all stakeholders. That said, there are

also an enormous number of lower-ranking admin-

istrative orders that have been adopted by the ex-

ecutive without the involvement of the legislature.

These regulate a variety of aspects of migration

but focus mainly on regularizations (ﬁgure 11). In-

deed, the purpose of 57 of the 90 administrative

orders identiﬁed by this project is the extraordi-

nary regularization of certain categories of for-

eigners. While these extraordinary processes are

certainly praiseworthy, a more in-depth look at the

possible lack of legal migration routes is needed.

Speciﬁcally, there needs to be further analysis of

the lack of application of the expanded deﬁnition

of “refugee” from the Cartagena Declaration. Re-

search also needs to focus on how permanent reg-

ularization mechanisms actually function in coun-

tries where these exist, notably to discover why

states appear to need to adopt extraordinary reg-

ularization mechanisms via executive decrees or

administrative orders.

Finally, we noted that constitutions play a signiﬁ-

cant role in the regulation of migration, mainly as

relates to access to nationality (Acosta 2018).

FIGURE 10: Average Age of the Laws Underlying the Indicators (Years)

Source: Compiled by the authors.

0 5 10 15 20 25 30 35

Andean Countries

Caribbean

Southern Cone

Mesoamerica

Migration Policy Regimes 49

FIGURE 11: Types of Instruments Used to Legislate Migration

Source: Compiled by the authors.

0% 10% 20% 30% 40% 50% 60%

Regulation

Administrative Order

Law

Decree

Judicial Decision

Constitution

Regulation

Public Policy

Administrative Order

Law

Report

Regional Law

Decree

Judicial Decision

Constitution

Bilateral Agreement

Regulation

Administrative Order

Law

Report

Regional Law

Decree

Bilateral Agreement

Residence Rights during residence Nationality

Migration Policy Regimes 50

8. Conclusions

this century have not established as many rights

for migrants as others. In the Caribbean and some

other countries, in general, the regimes in force

are from the past century, despite these coun-

tries not being exempt from the increasing ﬂows

of intra-regional migrants in recent years. The dis-

placement of Haitians and Venezuelans in partic-

ular have put pressure on countries of the subre-

gion. Notwithstanding these exceptions, the trend

in the Americas is clearly towards rules that facil-

itate the integration of migrants into the societies

and economies of the countries that receive them.

In the instances in which there is no internation-

al framework that facilitates temporary residence,

countries have made broad use of extraordinary

regularizations to incorporate migrants into their

societies such that they beneﬁt from rights to

work and access public services. This study has

identiﬁed 90 cases of regularization in the region

since 2000 and observes that they have come

with increasing frequency – from only 14 cases in

the ﬁrst ﬁve years of the millennium to more than

25 between 2015-2019, in 19 countries.

Above and beyond the ﬁndings presented in this

report, we hope that the database elaborated in

this project may be of use to those who study the

governance of human mobility in Latin America

and the Caribbean. The project intends to remain

active through the work of the Migration Unit,

with updates and expansions to the database,

which will enable constant monitoring of the evo-

lution of migration policy in the region.

The database presented in this paper enables the

migration policy regimes of the 26 LAC countries

that are IDB borrowing members to be described

and typiﬁed. Recent years have observed qualita-

tive changes in the migration ﬂows in LAC, with

increasing intra-regional ﬂows as opposed to the

emigration out of the region that had predom-

inated in the past. These changes in the nature

of the migration ﬂows have transformed several

countries into hosts of important numbers of im-

migrants. The challenges that this brings have had

the consequence of increasing the relevance of

migration policy and emphasizes the importance

of socioeconomic integration of migrants. The ob-

jective of this project is to show the current state

of these policies in all countries of the region, and

point out that, on paper although not always in

practice, a signiﬁcant number of countries are re-

sponding with relatively open regimes.

Beyond the dierent subregional patters, it is

worth highlighting the emergence, still incom-

plete, of a 21st century Latin American Migration

Regime. This is characterized by the establishment

of broader rights for migrants, especially intra-re-

gional migrants, who in many cases have almost

automatic access to temporary residence, and fa-

cilitation of their obtaining permanent residence

and even, in some cases, nationality.

That said, this type of regime has not arisen in all

countries of the region, as several countries have

not substantially updated their migration regimes

in several decades, while in other cases reforms in

Migration Policy Regimes 51

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Migration Policy Regimes 53

Annex I. Glossary

Migrant smuggling is a crime that, in its ag-

gravated form, is deemed to jeopardize the

physical integrity or health of the victim or

to victimize a minor.

 NATURALIZATION

The granting of nationality by a State to a

foreigner who meets the requirements es-

tablished for this purpose in the appropriate

legal framework.

 REFUGEE

A refugee is understood to be “any person

who... owing to a well-founded fear of be-

ing persecuted for reasons of race, religion,

nationality, membership of a particular so-

cial group or political opinion, is outside the

country of his nationality and is unable or,

owing to such fear, is unwilling to avail him-

self of the protection of that country; or who,

not having a nationality and being outside

the country of his former habitual residence

as a result of such events, is unable or, owing

to such fear, is unwilling to return to it.”

However, the 1984 Cartagena Declaration on

Refugees expanded this deﬁnition to adapt

it to the challenges and speciﬁc circum-

stances of the Americas. According to this

document, in addition to the factors set out

in the 1951 Convention and the 1967 Proto-

col Relating to the Status of Refugees, “refu-

gees” should also include “persons who have

 INTERNATIONAL HUMAN RIGHTS LAW

A series of international treaties adopted

since 1945 provide a legal framework and

have led to the development of the body

of international human rights. Other instru-

ments have been adopted at the regional

level that reﬂect speciﬁc concerns in this

area and establish precise protection mech-

anisms.

 INTERNATIONAL MIGRANT

Although there is no deﬁnition for the term

“international migrant” in international law,

the Inter-American Commission on Human

Rights (IACHR) deﬁnes it as “any person

outside the territory of the State of which he

or she is a national.”

 IRREGULAR MIGRANT

This refers to migrants who entered the terri-

tory of a State of which they are not nationals

in an irregular fashion, those who have over-

stayed the time that they were authorized

to remain there, or those whose reasons for

being admitted to a country no longer hold.

 MIGRANT SMUGGLING

This is the facilitation or promotion of the il-

legal entry of a person into a country that

they are not a national or permanent res-

ident of, for the purpose of ﬁnancial gain.

IACHR, Human Rights of Migrants, Refugees, Stateless Persons, Victims of Tracking in Persons and Internally Displaced Per-

sons: Norms and Standards of the Inter-American Human Rights System, OEA/Ser.L/V/II.Doc. 46/15, December 31, 2015.

Deﬁnition of refugee in the 1951 United Nations Convention Relating to the Status of Refugees, article 1A(2).

Migration Policy Regimes 54

ﬂed their country because their lives, safety

or freedom have been threatened by gener-

alized violence, foreign aggression, internal

conﬂicts, massive violation of human rights

or other circumstances which have seriously

disturbed public order.”

In keeping with the guidelines established

by the UNHCR, the IAHCR has deemed that

a person is a refugee as soon as they meet

the requirements set forth in the tradition-

al or expanded deﬁnition, which necessarily

occurs before they are formally granted ref-

ugee status. This implies that the recognition

of refugee status is not constitutive but rath-

er declarative. In other words, refugee status

is not acquired by virtue of recognition, but

rather that condition is recognized by the

fact of already being a refugee.

 REGULARIZATION

The procedure through which a foreigner

whose migration status is irregular can ob-

tain legal residence in another country.

 RIGHT TO FAMILY UNITY

The family “is the natural and fundamental

group unit of society” and has the right to

live together, receive respect, protection,

assistance, and support, as stipulated in the

1948 Universal Declaration of Human Rights

(article 16 [3]); the 1969 American Conven-

tion on Human Rights (article 17); the 1966

International Covenant on Civil and Political

Rights (articles 17 and 23), and the Interna-

tional Covenant on Economic, Social and

Cultural Rights (article 1).

 STATELESS PERSON

“A person who is not considered as a national

by any State under the operation of its law”

(article 1 of the 1954 Convention relating to

the Status of Stateless Persons).

 TRAFFICKING IN PERSONS

OR HUMAN TRAFFICKING

This refers to “the recruitment, transporta-

tion, transfer, harbouring or receipt of per-

sons, by means of the threat or use of force

or other forms of coercion, of abduction, of

fraud, of deception, of the abuse of pow-

er or of a position of vulnerability or of the

giving or receiving of payments or beneﬁts

to achieve the consent of a person having

control over another person, for the purpose

of exploitation. Exploitation shall include, at

a minimum, the exploitation of the prostitu-

tion of others or other forms of sexual ex-

ploitation, forced labour or services, slavery

or practices similar to slavery, servitude or

the removal of organs.”

IACHR, Human Rights of Migrants, Refugees, Stateless Persons, Victims of Tracking in Persons and Internally Displaced Per-

sons: Norms and Standards of the Inter-American Human Rights System. December 31, 2015, para. 131; UNHCR, Handbook and

Guidelines on Procedures and Criteria for Determining Refugee Status. 1979, para. 28.

Protocol to Prevent, Suppress and Punish Tracking in Persons, Especially Women and Children, 2000, (known as the Palermo

Protocol).

Migration Policy Regimes 55

Annex II - Methodology

To describe and typify migration policy regimes

in LAC countries, this study begins by examining

whether each country is a party to the body of

international and regional agreements that pro-

mote human rights and cover issues that are rel-

evant to people in movement. It then goes on to

analyze how the process of migration unfolds, be-

ginning with the ease of entry into another coun-

try, the acquisition of regular temporary residen-

cy status, and the rights enjoyed by migrants that

have acquired this. Finally, it analyzes whether a

migrant can acquire permanent residency status

and, eventually, full citizenship in their destination

country by naturalization.

This document uses “Latin America and the Caribbean (LAC)” and ¨the 26 borrowing members of the IDB¨ interchangeably.

The project analyzes the legal regulation of mi-

gration, refuge, free intraregional movement, and

nationality in the 26 IDB borrower countries

and

groups these into the subregions used by the IDB.

Although the IDB includes Haiti in Mesoamerica,

for the purposes of this study it has been includ-

ed among the Caribbean countries because it is

a member of the Caribbean Community (CAR-

ICOM). Belize is also included among the Caribbe-

an countries even though it is a member of both

CARICOM and the Central American Integration

System (SICA). Finally, the Dominican Republic is

analyzed alongside the Central American countries

because it is a member of SICA but not of CAR-

ICOM. All the same, when it comes to aspects such

as the ratiﬁcation of international instruments, the

Dominican Republic is easier to compare to other

Caribbean countries and shows patterns that are

similar to theirs.

THESE FOUR SUBREGIONS AND THE

COUNTRIES THEY CONTAIN ARE AS

FOLLOWS:

Coverage: time and space

The information presented herein derives from

our analysis of the legal instruments in force as of

December 31, 2021. The one exception is Chile, as

the analysis includes the Migration Act of 2021—

this ﬁnally entered into force on February 14, 2022,

when the regulations for the law were passed.

However, the regulations themselves are not an-

alyzed in this version of the database but will be

included in a future update.

MESOAMERICA, MEXICO, PANAMA,

AND THE DOMINICAN REPUBLIC:

also includes Costa Rica, El Salvador,

Guatemala, Honduras, and Nicaragua.

CARIBBEAN: Bahamas, Barbados,

Belize, Guyana, Haiti, Jamaica,

Suriname, and Trinidad and Tobago.

ANDEAN GROUP: Bolivia, Colombia,

Ecuador, Peru, and Venezuela.

SOUTHERN CONE: Argentina,

Brazil, Paraguay, and Uruguay.

Migration Policy Regimes 56

The project analyzed more than 435 legal instru-

ments from 26 countries, including Constitutions,

regional legislation, bilateral agreements, laws,

regulations, decrees, administrative orders, and

other documents such as public policies or re-

ports. In most cases, a link to the ocial publica-

tion in the appropriate gazette or a government or

international repository of norms is provided.

The aim of this project is not to rank countries but

rather to provide users with objective information

on factors that are relevant to them. In this sense,

the database is merely descriptive and does not

evaluate the practical implementation of the claus-

es contained in the text of the legislation in ques-

tion. When a country does not explicitly regulate

the access to a certain right (e.g., access to public

health services for irregular migrants) in any legis-

lation, this is coded in the database by responding

that this right does not exist in the law. This does

not necessarily mean that this is not the case in

practice. Likewise, when the database shows that

a given right does exist in the letter of the law,

this does not necessarily mean that it is applied in

practice. Whenever reports have been received of

rights being applied in practice, this has been not-

ed in the additional information section for each

indicator and country.

In cases in which a right only applies to a certain

group of nonnationals, a decision was made de-

pending on whether the group in question rep-

resents the majority of the foreign population in

the country. In other words, the intention is always

to identify the rule that is generally applied. For

example, some states in the Caribbean allow Com-

monwealth country nationals the right to vote.

These cases would be coded positively. Converse-

ly, Brazil only grants Portuguese nationals the

right to vote and thus would be coded negatively

in the database. Users can ﬁnd more information

on these examples in the additional information

section of the database.

The database is simple, intuitive, and can be used

in a variety of ways. First, countries can be ex-

plored individually or through comparisons. Sec-

ond, they can be visualized using the interactive

map tools. Third, users can download the list of

norms for one or more countries, including links to

the legislation in question, to facilitate further re-

search. The results of these tools can be exported,

and the entire database can be downloaded here.

The database contains 40 indicators, which are

divided into six sections that in turn contain var-

ious subsections. The ﬁrst two sections concern

each state’s ratiﬁcation or acceptance of various

international and regional instruments. The re-

maining sections analyze the four main aspects of

any migration regime: entry, temporary residence,

rights while resident, and access to permanent

residence, or, eventually, nationality.

Coverage: legal material

Use cases

Indicators

Finally, each indicator includes a reference to the

article(s) of the legislation that led to the coun-

try being coded in a particular way. Also included

are links to access the norms in question directly.

Users can therefore evaluate our interpretation of

the law for themselves and provide the IDB team

with any information they deem worthy of consid-

eration for future updates (using this form on the

webpage).

Migration Policy Regimes 57

This section is divided into three subsections that

each contain a total of 17 indicators. For each in-

dicator, we indicate whether the country has rati-

ﬁed the particular international treaty in question

and the date on which it did so. The ﬁrst section

(1.a) covers the nine main UN human rights trea-

ties that include aspects that are relevant to the

movement of people, namely:

1.a.1 International Convention on the Elimination

of All Forms of Racial Discrimination (1965)

1.a.2 International Covenant on Civil and Politi-

cal Rights (1966)

1.a.3 International Covenant on Economic, So-

cial and Cultural Rights (1966)

1.a.4 Convention on the Elimination of All Forms

of Discrimination Against Women (1979)

1.a.5 Convention Against Torture and Oth-

er Cruel, Inhuman or Degrading Treatment or

Punishment (1984)

1.a.6 Convention on the Rights of the Child

(1989)

1.a.7 International Convention on the Protec-

tion of the Rights of All Migrant Workers and

Members of Their Families (1990)

1.a.8 Convention on the Rights of Persons with

Disabilities (2006)

1.a.9 International Convention for the Protec-

tion of All Persons from Enforced Disappear-

ance (2006)

The second section (1.b) covers another series of

international treaties that relate to human mobility.

These listings include not only the date of ratiﬁca-

tion but also the domestic laws that have been ad-

opted to regulate each of them. These treaties are:

1.b.1 Convention Relating to the Status of Refu-

gees (1951)

1.b.2 Protocol Relating to the Status of Refu-

gees (1967)

1.b.3 Convention Relating to the Status of

Stateless Persons (1954)

1.b.4 Convention on the Reduction of State-

lessness (1961)

1.b.5 Protocol Against the Smuggling of Mi-

grants by Land, Sea and Air (2000)

1.b.6 Protocol to Prevent, Suppress and Punish

Tracking in Persons, especially Women and

Children (2000).

This section is divided into three subsections that

contain a total of eight indicators. The ﬁrst sub-

section (2.a) covers the ratiﬁcation and date of the

following conventions:

2.a.1 American Convention on Human Rights

(1969)

2.a.2 Additional Protocol to the American Con-

vention on Human Rights in the Area of Eco-

nomic, Social and Cultural Rights (Protocol of

San Salvador) (1988)

The second section (2.b) focuses on other region-

al instruments:

(2.b.1) The ﬁrst establishes whether or not

countries have accepted the contentious juris-

diction of the Inter-American Court of Human

Rights.

(2.b.2) With respect to the Cartagena Decla-

ration, we establish whether the country has

incorporated its broader deﬁnition of refugee

into its internal legislation, and, if so, the law

and article in which it does so. We code this

as a “no” when this deﬁnition is not included

in refugee law but has only been used at the

judicial level, as is the case in Costa Rica.

The third subsection (2.c) covers the ratiﬁcation of

the following instruments at the subregional level:

The ﬁnal section (1.c) includes two instruments

that are not international treaties and thus cannot

be ratiﬁed but only endorsed or supported. These

are:

1.c.1 Global Compact on Refugees (2018)

1.c.2 Global Compact for Safe, Orderly and

Regular Migration (2018).

In these two instances, we note whether the state

voted in favor of adopting the instruments in ques-

tion at the United Nations General Assembly.

SECTION 1: INTERNATIONAL

INSTRUMENTS

SECTION 2: REGIONAL

INSTRUMENTS

Migration Policy Regimes 58

2.c.1 Residency Agreement for Nationals of the

MERCOSUR States Parties (2002)

2.c.2 Decision No. 878 Andean Migration Stat-

ute (2021)

2.c.3 Central American Free Mobility Agree-

ment CA-4 (2006)

2.c.4 Revised Treaty of Chaguaramas Estab-

lishing the Caribbean Community (CARICOM)

and including the single market (2001).

This section contains a single indicator (3.a.1) an-

alyzing the nationalities that must obtain a visa

to enter the country. Our analysis focuses exclu-

sively on the requirements established set by the

26 borrowing member countries of the IDB among

themselves. Countries are coded as “visa required”

when only certain nationals of a given country can

enter without a visa, such as those with a residence

permit or visa for the Schengen area country, the

United States, or Canada.

This section contains three indicators that mea-

sure whether it is possible to obtain temporary

residency in a given country. The ﬁrst indicator ex-

amines whether nationals of certain countries are

given preferential treatment. The other two indica-

tors examine whether migrants who are residing in

the country irregularly can regularize their status.

A. Preferential access to temporary residency

(4.a.1): This indicator establishes whether a

country provides privileged access to tempo-

rary residency for nationals of another state

SECTION 3:

VISA-FREE ENTRY

SECTION 4: TEMPORARY

RESIDENCY

within the same subregion as a consequence

of a regional agreement, bilateral treaty, or do-

mestic legislation. There are two components

to this indicator: “Privileged access for nation-

als of the same subregion” and “Privileged ac-

cess for nationals of the same subregion and

some from other subregions.” There are two

options for the ﬁrst components: “none,” or a

list of countries whose nationals enjoy privi-

leged access to residency. Similarly, there are

two ways to answer the second aspect: “none,”

or the list of additional countries with prefer-

ential access.

B. Permanent regularization mechanisms (4.a.2):

Through this indicator, we analyze whether a

country has included a permanent regulariza-

tion procedure in its legislation or regulations

that can be used at any time, under certain

conditions, by any person whose migration

status is irregular to obtain residency. We cod-

ed countries positively even in cases where the

personal scope of application is quite limited,

such as in Belize, where regularization and res-

idency rights can only be requested by those

who entered the country when they were mi-

nors. We took the same approach when the

administration acts with a certain degree of

discretion, as is the case in Paraguay. However,

we coded countries negatively when the law

enables the appropriate authorities to estab-

lish these mechanisms but they have not yet

done so, as is the case in Chile.

C. Extraordinary regularization programs (4.a.3):

We used this indicator to analyze whether a

country has implemented extraordinary reg-

ularization programs since January 2000. We

also included the number of programs that

have been carried out since then and the cor-

responding legal instruments.

In 2002, MERCOSUR adopted two residency agreements: The Residency Agreement for Nationals of the MERCOSUR States

Parties (Agreement no. 13/02) and the Residency Agreement for Nationals of the MERCOSUR States Parties, Bolivia, and Chile

(Agreement no. 14/02), which Ecuador, Peru, and Colombia joined in 2011 and 2012. The text of the two agreements is identical,

with the sole exception that the second also applies to MERCOSUR associated states and not just states parties. This report thus

makes more reference to the second agreement than the ﬁrst. Furthermore, since August 5, 2017, Venezuela has been suspended

from all the rights and obligations that are inherent to being a state party to MERCOSUR, in accordance with the provisions of the

second paragraph of article 5 of the Ushuaia Protocol on Democratic Commitment in MERCOSUR of July 24, 1998.

Migration Policy Regimes 59

This section includes six indicators that examine

access to certain rights for nonnationals that hold

a residency permit in the country and, in some

cases, those whose status is irregular. Access to

these rights facilitates the individual’s integration

into the host society.

SECTION 5: RIGHTS

WHILE RESIDENT

RIGHT TO WORK (5.A.1)

RIGHT TO HEALTHCARE (5.A.2)

This indicator analyses whether, broadly speaking,

the country enables foreigners with residency per-

mits to engage in paid work or will only do so for

those with certain types of residency permits.

Through this indicator, we explore whether the

country’s laws grant nonnationals the right to ac-

cess public health services. The indicator contains

two components: “migrants with residency per-

mits” and “migrants without residency permits.”

Consequently, there are three possible respons-

es: all, only those with residency permits, or none.

Countries are coded armatively when this right

derives from the text of the legal framework for

migration, the Constitution, or the healthcare law.

However, they are coded as a “no” when the right

in question is mentioned in the report of an inter-

national body and is not explicitly contained in any

legal text, particularly when it is not speciﬁcally

mentioned in connection with irregular migrants.

Countries are also coded negatively when the

national legislation explicitly restricts the right

to access healthcare to citizens or those with a

residency permit.

RIGHT TO FAMILY

REUNIFICATION (5.A.4)

This indicator considers whether the country’s laws

establish the right to family reuniﬁcation—that is,

whether they establish mechanisms that allow cer-

tain family members to enter the country and take

up residence there. The indicator contains two

components: the nuclear family (spouses and un-

derage children) and the extended family (which

includes parents, siblings, or adult children). Coun-

tries such as Haiti and Venezuela are coded as a

“no,” for example, as their legislative frameworks

do not include procedures for reuniﬁcation. The

same applies to Jamaica, as reuniﬁcation is only

legislated for the family members of skilled work-

ers from CARICOM countries.

RIGHT TO EDUCATION (5.A.3)

This indicator examines whether the country’s

laws grant nonnationals the right to access pub-

lic healthcare. The indicator contains two compo-

nents: “migrants with residency permits” and “mi-

grants without residency permits.” Consequently,

there are three possible responses: all, only those

with residency permits, or none. Countries are

coded armatively when this right explicitly de-

rives from the text of the legal framework for mi-

gration, the Constitution, or the education law.

However, they are coded as a “no” when the right

in question is mentioned in the report of an inter-

national body but is not explicitly contained in any

legal text, particularly when the right in question

is not mentioned in connection with irregular mi-

grants. Countries are also coded negatively when

the national legislation explicitly restricts the right

to access education to citizens or those with a res-

idency permit.

Migration Policy Regimes 60

A. Jus soli (the right to citizenship for those

born in the territory of a country) (6.a.1): This

indicator analyses whether a country auto-

matically grants nationality to those born in its

territory, regardless of the nationality of their

parents or their parents’ place of birth. Among

the countries that we categorized armative-

ly, we included those that only made minimal

exceptions such as not granting nationality to

the children of diplomats (e.g., Brazil, Belize,

Guatemala, Jamaica, or Trinidad and Tobago)

and those with a registration requirement,

such as Costa Rica. However, countries are

coded as negative when the conditions for ob-

taining nationality are excessively exclusive, as

is the case in Haiti, for example, where at least

one of the parents has to be a member of the

“African race” for the child to be automatical-

ly granted nationality after being born in the

territory.

B. Jus sanguinis (the right to citizenship for chil-

dren of nationals born abroad) (6.a.2): This

indicator examines whether a country allows a

parent to pass their nationality on to a child of

theirs born in another country. An armative

answer is given when a country automatically

grants this without imposing any speciﬁc con-

ditions. This includes countries with adminis-

trative requirements such as registering with

the consulate (e.g. Colombia or Costa Rica).

However, the answer is “no” in cases such as

the Bahamas, because jus sanguinis only ap-

plies automatically if the father is a national. If

the mother is a national, the minor may apply

to be registered as a Bahamian citizen between

the ages of 18 and 21. In contrast, Barbados can

be said to apply automatic jus sanguinis since

its conditions for doing so are less restrictive:

If the father is Barbadian, the child acquires his

nationality automatically, and can also do so

via the mother provided that she acquired her

nationality by being born in Barbados. Finally,

the answer was coded as a “no” in the cases of

Panama, Paraguay, and Uruguay, since anyone

born abroad must establish residence in these

countries to be considered a national by birth.

SECTION 6:

NATIONALITY

RIGHT TO PERMANENT

RESIDENCY (5.A.5)

RIGHT TO VOTE (5.A.6)

This indicator establishes whether a country al-

lows privileged access to permanent residency for

nationals of another state as a consequence of a

regional agreement, bilateral treaty, or domestic

legislation. It also includes information on other

categories, such as family members or investors.

The indicator contains two components: “Pref-

erences based on nationality” and “Preferences

based on factors other than nationality.” There are

two options for the ﬁrst component: “none,” or a

list of countries whose nationals enjoy privileged

access to permanent residency. The second com-

ponent identiﬁes whether other factors may lead

to expedited or privileged access to permanent

residency.

We use this indicator to analyze whether the coun-

try grants nonnationals the right to vote. There are

two components to the indicator: local elections

and national elections. There are three possible an-

swers: all elections, local elections, or no elections.

Countries are coded positively when the right is

limited to certain nationalities, provided that the

spectrum of these is suciently broad. For ex-

ample, both components of this right are coded

armatively for Barbados, Belize, Guyana, Jamai-

ca, and Trinidad and Tobago, which grant voting

rights to nationals from the 54 Commonwealth

countries. However, Brazil is assigned a “no,” as

only Portuguese nationals can vote there.

Migration Policy Regimes 61

C. Dual nationality: These indicators are used to

examine whether a country allows dual nation-

ality. They are divided into two components.

1. The ﬁrst component (6.a.3) examines

whether dual nationality is allowed for

nationals who acquire citizenship of a

second country. The answer is arma-

tive in the case of countries that distin-

guish between those who are nationals

by birth, who may hold two passports,

and those who have acquired their na-

tionality through naturalization and who

lose this if they opt to become citizens

of another country. This is the case, for

example, in Honduras, Mexico, Panama,

and Trinidad and Tobago. However, the

response is coded as a “no” when the ex-

ceptions are very limited. For example,

Guyana only allows its nationality not to

be forfeited if the second nationality is

obtained by marriage.

Those interested in the coding of these factors can consult the following database: Vink, Maarten, Luuk van der Baaren, Rainer

Bauböck, Iseult Honohan, and Bronwen Manby (2021). GLOBALCIT Citizenship Law Dataset, v1.0, Country-Year-Mode Data (Ac-

quisition). Global Citizenship Observatory, https://hdl.handle.net/1814/73190.

2. The second component (6.a.4) examines

whether those who acquire the country’s

nationality can also keep their previous

nationality. We coded countries that do

so even if they make exceptions for cer-

tain nationalities as a “no,” as is the case

in Costa Rica, Guatemala, Nicaragua, or

Panama.

D. Naturalization (6.a.5): This indicator looks at

whether the country oers the possibility of

naturalization through residency. All coun-

tries are coded armatively except Uruguay,

where naturalization does not exist as a legal

concept—the closest option is a legal status

known as “legal citizenship,” which does not

entail the acquisition of Uruguayan nationali-

ty. The additional information section includes

data on the length of residency required, re-

ductions of this for those who have married a

national or have children holding the national-

ity of the country, countries whose nationals

receive privileged treatment that reduces the

period of residency required, and other condi-

tions such as language, economic resources,

or the absence of a criminal record. Note that

none of these factors are coded in the data-

base.

Migration Policy Regimes 62

Annex III – Country Data

The following pages present the data by country, with additional comments.

This information can also be found at datamig.iadb.org/RPM

ARGENTINA HAITI

COSTA RICA DOMINICAN REPUBLIC

BOLIVIA NICARAGUA

GUYANA VENEZUELA

BARBADOS JAMAICA

EL SALVADOR TRINIDAD AND TOBAGO

CHILE PARAGUAY

BAHAMAS HONDURAS

ECUADOR SURINAME

BRAZIL PANAMA

BELIZE MEXICO

GUATEMALA URUGUAY

COLOMBIA PERU

ARGENTINA

ARGENTINA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: October 02, 1968

The law listed below passes the international treaty within the country, the ﬁrst step toward the Oﬃce of the

President ratifying it at the international level.

Ley Nº 17722 - 26-abr-68

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: August 08, 1986

The law listed below passes the international treaty within the country, the ﬁrst step toward the Oﬃce of the

President ratifying it at the international level.

Ley Nº 23313 Apruébanse los Pactos Internacionales de Derechos Económicos, Sociales y Culturales y

Civiles y Políticos y su Protocolo Facultativo.

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: August 08, 1986

The law listed below passes the international treaty within the country, the ﬁrst step toward the Oﬃce of the

President ratifying it at the international level.

Ley Nº 23313 Apruébanse los Pactos Internacionales de Derechos Económicos, Sociales y Culturales y

Civiles y Políticos y su Protocolo Facultativo.

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: July 15, 1985

The law listed below passes the international treaty within the country, the ﬁrst step toward the Oﬃce of the

President ratifying it at the international level.

Ley Nº 23179 Apruébase la Convención sobre la Eliminación de todas las Formas de Discriminación

contra la Mujer.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: September 24, 1986

The law listed below passes the international treaty within the country, the ﬁrst step toward the Oﬃce of the

President ratifying it at the international level.

Ley Nº 23338 Apruébase la Convención contra la Tortura y Otros Tratos o Penas Crueles, Inhumanos o

Degradantes

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: December 04, 1990

The law listed below passes the international treaty within the country, the ﬁrst step toward the Oﬃce of the

President ratifying it at the international level.

Ley Nº 23849 Apruébase la Convención sobre los Derechos del Niño

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: February 23, 2007

The law listed below passes the international treaty within the country, the ﬁrst step toward the Oﬃce of the

President ratifying it at the international level.

Ley Nº 26202 Apruébase la Convención Internacional sobre la Protección de todos los Trabajadores

Migratorios y de sus Familiares

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: December 14, 2007

The law listed below passes the international treaty within the country, the ﬁrst step toward the Oﬃce of the

President ratifying it at the international level.

Ley Nº 26298 Apruébase la Convención Internacional para la Protección de las Personas contra las

Desapariciones Forzadas

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: September 02, 2008

The law listed below passes the international treaty within the country, the ﬁrst step toward the Oﬃce of the

President ratifying it at the international level.

Ley Nº 26378 Apruébase la Convención sobre los Derechos de las Personas con Discapacidad y su

Protocolo Facultativo

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: November 15, 1961

Ley General de Reconocimiento y Protección al Refugiado Nº 26165

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: December 06, 1967

Ley General de Reconocimiento y Protección al Refugiado Nº 26165

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: June 01, 1972

Ley General de Reconocimiento y Protección de las Personas Apátridas Nº 27512

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: November 13, 2014

Ley General de Reconocimiento y Protección de las Personas Apátridas Nº 27512

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: November 19, 2002

There is no speciﬁc law on human traﬃcking, though it is regulated in art. 116 of Migration Act 25.871.

Ley de Migraciones N° 25871 (Art. 116)

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: November 19, 2002

Ley sobre Prevención y Sanción de la Trata de Personas y Asistencia sus Víctimas Nº 23364

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

ARGENTINA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: August 14, 1984

The law listed below approves the regional treaty within the country, which is the ﬁrst step toward the Oﬃce

of the President ratifying it at the regional level.

Ley Nº 23054 Aprobación de la Convención Americana sobre Derechos Humanos

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: June 30, 2003

The law listed below approves the regional treaty within the country, which is the ﬁrst step toward the Oﬃce

of the President ratifying it at the regional level.

Ley N° 24658 Apruébase el Protocolo adicional a la Convención Americana sobre Derechos Humanos

en materia de Derechos Económicos, Sociales y Culturales —Protocolo de San Salvador—.

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

Ley General de Reconocimiento y Protección al Refugiado Nº 26165 (Art. 4(b))

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Ratiﬁed

Ley N° 25903 Apruébase el Acuerdo sobre Residencia para Nacionales de los Estados Partes del

Mercosur

ARGENTINA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 4 countries

Visa is required for nationals of Bahamas, Belice, Haití, República Dominicana

ARGENTINA - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

Nationals of all MERCOSUR member and associate countries (that is, the 11 remaining countries in South

America) have the right to obtain residence permits in Argentina. Direct relatives of Argentine nationals or

permanent residents also have the right to do so.

Ley de Migraciones N° 25871 (Arts. 10, 22-23)

Decreto Reglamentario 616/10 Reglamentación de la Ley de Migraciones Nº 25.871 y sus

Modiﬁcatorias (Arts. 22-23)

Permanent Regularization Mechanisms

Available

According to immigration regulations (art. 61, Law No. 25.871), upon ascertaining that a foreigner’s stay in

the country is irregular, the National Migration Authority shall instruct them to regularize their situation

within a certain period, under threat of ordering their expulsion, taking into account the foreigner’s

profession, any relationships they have with Argentine nationals, the documented period of stay, and other

personal and social circumstances. If this period expires without the foreigner having regularized their

situation, the National Migration Authority shall decree their expulsion with suspensory eﬀect and shall

intervene and act as a party before the judge or court with jurisdiction over the matter, for the purpose of

reviewing the administrative decision to expel the person in question.

Ley de Migraciones N° 25871 (Art. 61)

Decreto Reglamentario 616/10 Reglamentación de la Ley de Migraciones Nº 25.871 y sus

Modiﬁcatorias (Art. 61)

Extraordinary Mechanisms since 2000

11 extraordinary regularizations have been carried out

There have been several extraordinary regularization mechanisms since 2000: for nationals of Bolivia

through the 2004 bilateral migration agreement between Bolivia and Argentina nationals of countries

outside the MERCOSUR (2004) nationals of MERCOSUR member and associate countries (2005) nationals of

the Dominican Republic (2013) nationals of the Republic of Senegal (2013) nationals of the Republic of

South Korea (2014) nationals of the Republic of Haiti (2017) and migrant children and adolescents of the

Bolivarian Republic of Venezuela (2021).

Disposición 53.253/2005 Programa Nacional de Normalización Documentaria Migratoria

Decreto N° 1169/04 Regularización de la Situación Migratoria de Ciudadanos Nativos de Países fuera

de la Órbita del MERCOSUR

Disposición 1/2013 Regimen Especial de Regularización de Extranjeros de Nacionalidad Dominicana

Disposición 2/2013 Régimen Especial de Regularización de Extranjeros de Nacionalidad Senegalesa

Disposición 979/2014 Régimen Especial de Regularización de Extranjeros de Nacionalidad Coreana

Disposición 1143-E/17 Concesión de Residencia Temporaria Nacionales Haitianos

Disposición 1891/2021 Régimen Especial de Regularización para Niños, Niñas y Adolescentes

Migrantes Venezolanos

Acuerdo Migratorio entre la República de Bolivia y la República de Argentina

Ley 26.126 Apruébase el Acuerdo Migratorio entre la República Argentina y la República de Bolivia,

suscripto en Buenos Aires el 21 de abril de 2004.

Protocolo Adicional al Convenio de Migración entre la República Argentina y la República de Bolivia

(del 16/02/98) (Art. 1)

Convenio de Migración entre la República del Perú y la República de Argentina (1998) y Protocolo

Adicional al Convenio de Migración entre la República del Perú y la República Argentina suscrito el 16

de diciembre de 2002 (Art. 1)

Segundo Protocolo Adicional al Convenio de Migración entre la República Argentina y la República de

Bolivia (del 16 de febrero de 1998) (Art. 1)

ARGENTINA - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Art. 6 of the Migration Act states that: “All jurisdictions of the State shall ensure that immigrants and their

families have equal access to social services, public goods, health, education, justice, labor, employment,

and social security as nationals, with the same rights and protections.” The law explicitly prohibits the

employment of people who are residing in the country irregularly (art. 53).

Ley de Migraciones N° 25871 (Arts. 6, 51-53)

Right to healthcare

Permitted for all migrants even those without a permit

Art. 8 of the Migration Act states that: “Access to the right to health, social services, or healthcare may not

be denied to any foreigner who requires it, regardless of their migration status, nor may their access to it be

restricted in any way.”

Ley de Migraciones N° 25871 (Arts. 6, 8)

Right to education

Permitted for all migrants even those without a permit

According to art. 7 of the Migration Act, “in no case shall an irregular migration status prevent a foreigner

from being admitted as a student to an educational establishment, be it public or private national,

provincial, or municipal primary, secondary, tertiary, or university-level.”

Ley de Migraciones N° 25871 (Arts. 6, 7)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Art. 10 of the Migration Act establishes that “the State shall guarantee immigrants’ right to family

reuniﬁcation with parents, spouses, minor unmarried children, or children of legal age with disabilities.” The

extended family therefore includes parents, common-law spouses, and older children with disabilities.

Ley de Migraciones N° 25871 (Arts. 10, 22)

Decreto Reglamentario 616/10 Reglamentación de la Ley de Migraciones Nº 25.871 y sus

Modiﬁcatorias (Art. 22)

Right to permanent residence

Preferences for regional migrants and based on other factors

Privileged access to the right to residence will be granted to nationals of MERCOSUR member and associate

countries, who will only have to prove that they have resided in the country for two years, in contrast to

those who fall into other migration categories. This includes nationals of the other 11 South American

countries. Likewise, as a result of the bilateral agreement between Argentina and Brazil, people from both

countries have the right to settle permanently in the other without ﬁrst needing a temporary residence

permit (entering the country under a transitory category such as “tourist” is enough to access permanent

residence). Foreigners who are direct relatives of an Argentine national or a permanent resident also have

the privilege of direct access to the category of permanent residents. For relatives of Argentine citizens, this

includes the spouse, children, and parents. For relatives of permanent residents, this includes the spouse,

parents, and unmarried minor children. According to National Migration Authority Provision 4880/15, it is

enough for the partner of the Argentine national or permanent resident migrant to prove that they are

cohabiting to be considered a spouse by the migration legislation. All other foreigners must reside in the

country for three years before they can apply for permanent residence.

Ley de Migraciones N° 25871 (Arts. 10, 22)

Ley 26.240 Apruébase el Acuerdo entre la República Argentina y la República Federativa del Brasil

para la Concesión de la Residencia Permanente a Titulares de Residencias Transitorias o Temporarias

(Art. 1)

Decreto Reglamentario 616/10 Reglamentación de la Ley de Migraciones Nº 25.871 y sus

Modiﬁcatorias (Art. 22)

Disposición 4880/2015 Análogos Efectos Jurídicos al Matrimonio - Extranjeros que Acrediten Unión

Convivencial (Art. 1)

Acuerdo entre la República Argentina y la República Federativa del Brasil para la Concesión de

Residencia Permanente a Titulares de Residencias Transitorias o Temporarias (Art. 1)

Right to Vote

Permitted in Local Elections

Art. 11 of Migration Law No. 25871 states that “the Republic of Argentina shall facilitate consultations and

foreigners’ participation in decisions relating to the public life and administration of the communities in

which they reside, in accordance with national and provincial legislation on this matter.” However, since

local elections fall under the jurisdiction of the respective provinces, each of these districts establishes how

they will be carried out and who can vote in them. Thus, at present, 22 of the country’s 23 provinces (all

except Formosa) allow resident migrants to vote in local elections after a certain period (usually after they

have resided in the country for two or three years), provided that they are of legal age and have a National

Identity Card. Migrants are only obliged to vote in two provinces, while nationals are always obliged to do so.

By way of example, in Buenos Aires Province, art. 191 paragraph (2) of the Constitution of the Province

establishes that “the following shall vote in local elections: citizens on the district electoral roll and

foreigners of legal age who can read and write in Spanish, have lived in the municipality for two years, who

are enrolled in a special registry, and who pay annual ﬁscal or municipal taxes of at least 200 pesos in

total.”

Ley de Migraciones N° 25871 (Art. 11)

Decreto Reglamentario 616/10 Reglamentación de la Ley de Migraciones Nº 25.871 y sus

Modiﬁcatorias (Art. 11)

Constitución de la Provincia de Buenos Aires (Art. 191(2))

ARGENTINA - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Jus soli is absolute.

Ley de Ciudadanía N° 346 (Art. 1)

Ius Sanguinis (descent, born abroad)

Automatic

The acquisition of nationality via jus sanguinis is absolute, but at least one of the person’s Argentinian

parents must provide proof of their parenthood before a federal court in Argentina.

Ley de Ciudadanía N° 346 (Arts. 1, 5)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Those who acquire Argentine nationality through naturalization are not required to give up their previous

nationality.

Fallo de la Corte Suprema de Justicia de la Nación, "Padilla, Miguel M. s/ Presentación"

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who acquire Argentine nationality through naturalization are not required to give up their previous

nationality.

Fallo de la Corte Suprema de Justicia de la Nación, "Padilla, Miguel M. s/ Presentación"

Naturalization

Permitted

Foreigners who wish to become Argentine citizens must be over 18 years of age, have resided in the country

for two continuous years, and must express their intention to become Argentine citizens before a federal

judge, while also meeting other requirements such as having an honest occupation or means of subsistence.

The persons who meet these requirements are entitled to obtain Argentine nationality.

Ley de Ciudadanía N° 346 (Art. 2(1))

Constitución de la Nación Argentina (Art. 20)

Decreto 3213 Reglamentación de la Ley de Ciudadanía (Art. 3)

BAHAMAS

BAHAMAS - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: August 05, 1975

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: December 23, 2008

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: December 23, 2008

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: October 06, 1993

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: May 31, 2018

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: February 20, 1991

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Not Ratiﬁed

Bahamas ratiﬁed the C097—Migration for Employment Convention (Revised), 1949 (No. 97), on May, 1976.

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: September 28, 2015

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: September 15, 1993

The Bahamas has not enacted asylum or refugee legislation as explained by the UNHCR Submission on the

Bahamas: 29th Universal Periodic Review session, January 2018.

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: September 15, 1993

The Bahamas has not enacted asylum or refugee legislation as explained by the UNHCR Submission on the

Bahamas: 29th Universal Periodic Review session, January 2018.

Convention relating to the Status of Stateless Persons, 28 September 1954

Not Ratiﬁed

Convention on the Reduction of Statelessness, 30 August 1961

Not Ratiﬁed

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: September 26, 2008

Rules on this are included in the 1967 Bahamas Immigration Act, but there is no speciﬁc law.

Immigration Act (Section 47 (criminalizes the act of smuggling))

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: September 26, 2008

Traﬃcking in Persons (Prevention and Suppression) Act, 2008

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

BAHAMAS - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Not Ratiﬁed

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Contentious Jurisdiction Inter-American Court of Human Rights

Not Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

CARICOM Revised Chaguaramas Treaty Free Movement of Skilled Workers, 1 January 2006

Not Ratiﬁed

BAHAMAS - TEMPORARY RESIDENCE

Preferential Access to Residence

Bahamas has not ratiﬁed CARICOMs Revised Treaty of Chaguaramas, which includes the free movement of

skilled workers.

Permanent Regularization Mechanisms

Not Available

The Bahamas criminalizes irregular entry and stay.

Immigration Act (Secs. 19, 25-26)

Extraordinary Mechanisms since 2000

No extraordinary regularizations have been carried out

The Bahamas criminalizes irregular entry and stay.

Immigration Act (Secs. 19, 25-26)

BAHAMAS - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Not all nonnationals with a residence permit can work, although some exceptions apply.

Immigration Act (Secs. 8, 29, 30)

Right to healthcare

Not Permitted

The Immigration Act remains silent on access to healthcare. However, according to a report by the US

Department of State in 2020, it provided COVID medical assistance to all regardless of migration status.

2020 Country Reports on Human Rights Practices: The Bahamas, US Department of State. (p. 9)

Right to education

Permitted for Migrants with a residence permit

According to the Education Act, all children between 5 and 16 years old are of compulsory school age. There

is no explicit reference to migrants without a residence permit.

Education Act Bahamas (Sec. 22)

Right to family reuniﬁcation

Permitted for Core family (spouse and minor children)

The spouse and children of permanent residents can be granted a residence permit at the discretion of the

Immigration Board.

Immigration Act (Sec. 16)

Right to permanent residence

Preferences based on factors other than nationality

This remains at the discretion of the Immigration Board. The person has to fulﬁll certain conditions: be 18 or

over, show good character, and intend to reside permanently in the Bahamas.

Immigration Act (Sec. 13)

Right to Vote

Not permitted for any migrants

Only citizens of the Bahamas can vote.

Parliamentary Elections Act, 1992 (Sect. 8)

BAHAMAS - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 2 countries

Visa is required for nationals of República Dominicana, Haití - Las personas con ciudadanía de la República

Dominicana y Haití están exentas si tienen tarjeta de residencia en Estados Unidos o son residentes

permanentes en Canadá. Última actualización: 14 de febrero de 2014.

BAHAMAS - NATIONALITY

Ius soli (birth in the territory of the country)

Not Automatic

Jus soli is not automatic, but one parent has to be a Bahamian citizen.

Constitution of the Commonwealth of the Bahamas (Art. 6)

Ius Sanguinis (descent, born abroad)

Not Automatic

Jus sanguinis is automatic if the father is a citizen of the Bahamas. If the mother is a citizen, then the person

can apply to be registered as a citizen of the Bahamas when they are between 18 and 21 years of age.

Constitution of the Commonwealth of the Bahamas (Arts. 8-9)

Dual Citizenship Permitted for nationals naturalizing abroad

Not Permitted

Bahamians who acquire another nationality lose their Bahamian nationality.

Constitution of the Commonwealth of the Bahamas (Art. 11)

Bahamas Nationality Act (Sec. 10)

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

Those seeking to acquire Bahamian nationality must ﬁrst give up their previous nationality.

Constitution of the Commonwealth of the Bahamas (Art. 5)

Bahamas Nationality Act (Sec. 9)

Naturalization

Permitted

Commonwealth citizens have a special procedure to register as a citizen of the Bahamas. All others can also

apply to naturalize. These are two diﬀerent procedures but the conditions are the same. The person must

have been resident in the Bahamas for 12 months immediately prior to the application, and was either

resident in the country, in the service of the government, or had partly such residence and partly such

service for six out of nine years prior to the 12-month period. Other requirements include good character,

knowledge of English, and intention to continue to reside. The granting of citizenship is discretionary.

Bahamas Nationality Act (Sections 5 and 9 and second schedule)

BARBADOS

BARBADOS - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: November 08, 1972

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: January 05, 1973

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: January 05, 1973

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: October 16, 1980

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Not Ratiﬁed

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: October 09, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Not Ratiﬁed

Barbados ratiﬁed the C097—Migration for Employment Convention (Revised), 1949 (No. 97), on May 8,

1967.

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: February 27, 2013

Geneva Convention relating to the Status of Refugees, 28 July 1951

Not Ratiﬁed

Protocol relating to the Status of Refugees, 31 January 1967

Not Ratiﬁed

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: March 06, 1972

Barbados does not have any speciﬁc legislation on statelessness.

Convention on the Reduction of Statelessness, 30 August 1961

Not Ratiﬁed

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: November 11, 2014

There is no speciﬁc legislation on human traﬃcking but the matter is included in the Immigration Act.

Immigration Act (Sec. 12)

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: November 11, 2014

Traﬃcking in Persons Prevention Act, 2016

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

BARBADOS - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: November 05, 1981

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

CARICOM Revised Chaguaramas Treaty Free Movement of Skilled Workers, 1 January 2006

Ratiﬁed

Barbados allows free movement of CARICOM nationals who fall under the following categories: media

person, artiste, musician, artisan, sports person, nurse, teacher, household domestic, agricultural worker,

security guard, graduate, holder of an associate degree or a comparable qualiﬁcation.

Caribbean Community (Movement of Skilled Nationals) (Amendment) Act, 2020

BARBADOS - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 6 countries

Visa is required for nationals of Bolivia, República Dominicana, Ecuador, Haití, Honduras, Paraguay - Última

actualización 1-Jul-20

BARBADOS - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

Nationals of CARICOM Member States, including Haiti but excluding Bahamas, who fall under certain

categories of skilled workers have the right to obtain residence in Barbados. The rest need to apply for and

obtain a residence permit.

Caribbean Community (Movement of Skilled Nationals) Act (Second schedule)

Caribbean Community (Movement of Skilled Nationals) (Amendment) Act, 2020 (Sec. 4)

Immigration Act (Sec. 6)

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

No extraordinary regularizations have been carried out

BARBADOS - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

With the exception of certain categories, such as permanent residents, or CARICOM skilled workers, no one

in Barbados may engage in any occupation or accept employment without having ﬁrst obtained a written

permit for that purpose granted by the minister. The minister has the discretion to decide whether this work

permit is granted and under what conditions.

Immigration Act (Sec. 17)

Right to healthcare

Not Permitted

The Immigration Act remains silent on access to healthcare. According to an IOM report, this is only

available to citizens and permanent residents. Regarding CARICOM nationals, Barbados has signed the

Declaration of Intent to provisionally apply the Protocol on Contingent Rights. This Protocol includes, in the

built-in agenda of rights which Member States undertake to extend through a phased approach, the right to

access primary healthcare on a nondiscriminatory basis for the principal beneﬁciary resident, spouse, and

dependents. There is no indication that Barbados has extended this provision to CARICOM nationals.

International Organization for Migration (2018), Migration Governance in the Caribbean. Report on the

Island States of the Commonwealth Caribbean (p. 64)

Right to education

Permitted for Migrants with a residence permit

The Immigration Act remains silent on this matter, but it is regulated in the Education Act without making

any distinction between nationals and foreigners. There is no explicit reference to migrants without a

residence permit.

Education Act (Sec. 41)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Certain categories of immigrants can be permitted entry with their dependents. These categories include

those who have successfully established themselves in Barbados in a profession, trade, business, or

agricultural enterprise, or those who are retirees with suﬃcient means. Dependents include the spouse, a

child, stepchild, or adopted child, under the age of 18 years any other relative who is, by reason of age or

any inﬁrmity of body or mind, wholly dependent on that person for his subsistence. The same dependents of

CARICOM nationals falling under the categories allowed free movement of workers are also permitted to

reside in Barbados.

Immigration Act (Sec. 5)

Caribbean Community (Movement of Skilled Nationals) (Amendment) Act, 2020 (Sec. 4)

Right to permanent residence

Preferences for regional migrants and based on other factors

Certain categories of people can directly apply to be registered as a permanent resident, such as those

married to a national of Barbados. The rest need to reside for ﬁve years in Barbados as immigrants. This

status is granted to certain nonnationals, such as those who have successfully established themselves in

Barbados in a profession, trade, business, or agricultural enterprise, or those who are retirees with suﬃcient

means.

Immigration Act (Secs. 5-6)

Caribbean Community (Movement of Skilled Nationals) (Amendment) Act, 2020 (Sec. 5)

Right to Vote

Permitted in all elections (local and national)

Commonwealth citizens who have resided in Barbados for three years immediately before the qualifying

date can register as electors.

Representation of the People Act (Sec. 7)

BARBADOS - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

The person automatically acquires citizenship through birth unless the father is a foreign diplomat or one of

the parents is an enemy alien.

The Constitution of Barbados (Sec. 4)

Ius Sanguinis (descent, born abroad)

Automatic

Jus sanguinis is automatic if the father is a citizen. If the mother is a citizen of Barbados the child will only

obtain citizenship of Barbados if the mother acquired it via jus soli herself. There are discussions around

oﬀering citizenship to grandchildren, too, but the amendment has not yet been adopted.

The Constitution of Barbados (Sec. 5)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Barbadians who acquire another nationality do not need to renounce their citizenship.

Barbados Citizenship Act (Sec. 8)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who acquire Barbadian nationality through naturalization are not required to give up their previous

nationality.

Barbados Citizenship Act (Second schedule)

Naturalization

Permitted

The granting of a certiﬁcate of naturalization is discretionary. The person must fulﬁll certain conditions,

including having been resident in Barbados for 12 months immediately prior to the application, as well as

during ﬁve out of seven years predating the 12-month period. Other conditions include good character and

the intention to reside in Barbados.

Barbados Citizenship Act (Cap. 186, Section 7 and second schedule)

BELIZE

BELIZE - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: November 14, 2001

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: June 10, 1996

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: March 09, 2015

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: May 16, 1990

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: March 17, 1986

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: May 02, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: November 14, 2001

Belize has also ratiﬁed C097—Migration for Employment Convention (Revised), 1949 (No. 97) on 15

December 1983.

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: August 14, 2015

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: June 02, 2011

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: June 27, 1990

Refugees Act

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: June 27, 1990

Refugees Act

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: September 14, 2006

Belize does not have a speciﬁc law on statelessness.

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: August 14, 2015

Belize does not have a speciﬁc law on statelessness.

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: September 14, 2006

There is no speciﬁc law on migrant smuggling. This is regulated by the Immigration Act.

Immigration Act (Secs. 32, 34)

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: September 26, 2003

Traﬃcking in Persons (Prohibition) Act, 2013

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Not Endorsed

Belize did not vote in the General Assembly.

The Global Compact on Refugees, 17 December 2018

Endorsed

Belize voted in favor.

BELIZE - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Not Ratiﬁed

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Contentious Jurisdiction Inter-American Court of Human Rights

Not Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

Refugees Act (Sec. 2(4)(c))

CARICOM Revised Chaguaramas Treaty Free Movement of Skilled Workers, 1 January 2006

Ratiﬁed

Caribbean Community (Free Movement of Skilled Persons) Act

Caribbean Community (Free Movement of Skilled Persons) (Amendment) Act, 2020

Convenio Centroamericano de Libre Movilidad CA-4, 20 June 2006

Not Ratiﬁed

Belize is a member of SICA but has not joined the Free Movement Convention.

BELIZE - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 1 countries

Visa is required for nationals of Haití - Excepto si un ciudadano haitiano tiene un visado válido de ingreso a

Estados Unidos o una tarjeta de residencia permanente en ese país, o un visado de entrada múltiple del

espacio de Schengen, o un visado válido de entrada múltiple o una tarjeta de residencia permanente en

Canadá.

BELIZE - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

CARICOM nationals, excluding those from the Bahamas and Haiti, do not need to apply for work permits in

the categories listed below: graduates of all recognized universities, artists, musicians, sportspersons, media

workers, nurses, teachers, artisans with Caribbean Vocational Qualiﬁcations, and holders of associate

degrees or comparable qualiﬁcations. The rest need to apply for and obtain a residence permit.

Caribbean Community (Free Movement of Skilled Persons) Act (ﬁrst schedule)

Caribbean Community (Free Movement of Skilled Persons) (Amendment) Act, 2020 (Sec. 7)

Permanent Regularization Mechanisms

Available

A person who entered Belize as a minor (whether legally or illegally) and has been continuously residing in

Belize for a period of at least 10years shall be eligible to apply for permanent residency.

Immigration Act (Sec. 10)

Extraordinary Mechanisms since 2000

No extraordinary regularizations have been carried out

BELIZE - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

A temporary employment permit may be issued by the Director of Immigration and Nationality Services to

any person who satisﬁes the Director of Immigration of Nationality Services that he wishes to enter Belize

for the purpose of employment. There is, however, discretion to grant such permits. CARICOM nationals

falling under one of the 10 categories that allow free movement of workers have the right to work.

Immigration Act ( Secs. 12, 16)

Caribbean Community (Free Movement of Skilled Persons) Act (ﬁrst schedule)

Caribbean Community (Free Movement of Skilled Persons) (Amendment) Act, 2020 (Sec. 7)

Right to healthcare

Not Permitted

The law remains silent on this point. According to IOM reports, migrants have access to primary health care

regardless of their migration status.

International Organization for Migration (IOM), 2020. Migration Governance Indicators Proﬁle 2020 –

Belize. IOM. Geneva. (p. 12)

International Organization for Migration (IOM), 2021. Belize Needs Assessment on Migration

Governance. IOM. San José, Costa Rica. (pp. 22-24)

Right to education

Permitted for Migrants with a residence permit

No citizen or permanent resident of Belize shall be refused admission to any school on account of religion,

race, ethnicity, language, or political aﬃliation.

Education Act (Sec. 24)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

CARICOM nationals falling under one of the categories allowing free movement of workers can be reunited

with a) their spouse an unmarried adopted child of the national or an unmarried child or stepchild of the

national, who is (i) under the age of 18(ii) under the age of 25 and attending school or university as a full

time student or(iii) over the age of 17 and who, due to disability, is wholly dependent on the national, (c) a

parent or grandparent of the national, who is wholly dependent on the national or (d) any other natural

person certiﬁed as a dependent, by order of the Court. Non-CARICOM nationals who have an assured income

and adequate accommodation can be reunited with their dependents which include the spouse, children,

stepchildren, or adopted children under 16.

Caribbean Community (Free Movement of Skilled Persons) (Amendment) Act, 2020 (Secs. 2, 4)

Immigration Act (Sec. 15)

Right to permanent residence

Preferences for regional migrants and based on other factors

CARICOM nationals falling under one of the categories allowing free movement of workers and their

dependents can apply for indeﬁnite stay to engage in gainful employment. Nonprivileged migrants include

“immigrant for employment” which refers to a person who migrates to the country with a view to being

employed otherwise than on their own account. They and their family members can obtain permanent

residence after ﬁve years.

Caribbean Community (Free Movement of Skilled Persons) (Amendment) Act, 2020 (Sec. 4)

Immigration Act (Secs. 2, 15)

Right to Vote

Permitted in all elections (local and national)

Citizens of a Commonwealth country who have ordinarily resided in Belize for a period of not less than 12

months immediately preceding the date of registration or is a citizen of any Commonwealth country who is

domiciled in Belize and is ordinarily resident therein on that date.

Representation of the People Act (Sect. 5)

BELIZE - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Person is born in Belize unless the child is born to a foreign diplomat and neither parent is a citizen, or one

of the parents is an enemy alien and the child is born in a place then under occupation by the enemy.

Constitution of Belize (Art. 24)

Ius Sanguinis (descent, born abroad)

Automatic

It is automatic if the father or mother is a Belizean citizen.

Constitution of Belize (Art. 25)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

A citizen of Belize by birth or descent who acquires the citizenship of any other country may, if the laws of

the other country so permit and they choose to do so, retain their citizenship of Belize.

Constitution of Belize (Art. 27)

Belizean Nationality Act (Art. 21)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who acquire Belizean nationality through naturalization are not required to give up their previous

nationality.

Belizean Nationality Act (Sec. 10)

Naturalization

Permitted

Person has been ordinarily resident in Belize for 5 years immediately prior to the application and intends to

continue to do so. Other conditions: sound mind, good character, no conviction for serious criminal oﬀenses,

no threat to safety or public order in Belize, not having been declared bankrupt, suﬃcient means for self-

support. The granting of citizenship is a discretionary power of the state.

Belizean Nationality Act (Secs. 10(1), 17(1))

BOLIVIA

BOLIVIA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: September 22, 1970

Ley Nº 1978 de 14 de mayo de 1999, Aprueba y Eleva a Rango de Ley, la Aprobación y Ratiﬁcación

por Decreto Supremo Nº 9.345 de 13 de agosto 1970 de la Convención Internacional sobre la

Eliminación de todas las Formas de Discriminación Racial.

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: August 12, 1982

Bolivia joined the treaty through Supreme Decree No. 18950 of May 17, 1982, which subsequently became

Law No. 2119 after being enacted on September 11, 2000.

Decreto Supremo Nº. 18950 Dispónese la adhesión de Bolivia al Pacto Internacional de Derechos

Económicos, Sociales y Culturales así como al de Derechos Civiles y Políticos

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: August 12, 1982

Bolivia joined the treaty through Supreme Decree No. 18950 of May 17, 1982, which subsequently became

Law No. 2119 after being enacted on September 11, 2000.

Decreto Supremo Nº. 18950 Dispónese la adhesión de Bolivia al Pacto Internacional de Derechos

Económicos, Sociales y Culturales así como al de Derechos Civiles y Políticos

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: June 08, 1990

Ley Nº 1100 Aprueba el convenio sobre Eliminación de Todas las Formas de Discriminación Contra la

Mujer

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: April 12, 1999

Ley Nº 1930 Aprueba y Ratiﬁca la Convención contra la Tortura y otros Tratos o Penas Crueles,

Inhumanos o Degradantes,

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: June 26, 1990

Ley Nº 1152 Apruébase la suscripción de la Convención sobre los Derechos del Niño

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: October 16, 2000

Ley Nº 1976 Aprueba la Convención Internacional sobre la Protección de los Derechos de los

Trabajadores Migratorios y de sus Familiares

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: December 17, 2008

Ley Nº 3935 Aprueba la «Convención Internacional para la protección de todas las personas contra las

Desapariciones Forzadas

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: November 16, 2009

Ley Nº 4024 Aprueba la Convención sobre los Derechos de las Personas con Discapacidad y su

Protocolo Facultativo

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: February 09, 1982

Ley 251 de Protección a Personas Refugiadas

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: February 09, 1982

Ley 251 de Protección a Personas Refugiadas

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: October 06, 1983

Bolivia has ratiﬁed the Convention but does not have a law on statelessness. However, Supreme Decree No.

1440 of 2012, which approves the regulations for Law No. 251 of 2012 on the protection of refugees,

establishes in its sole transitory provision that “any request for the temporary recognition of statelessness

shall be processed in accordance with the procedure established in Law No. 251 and these Regulations, as

appropriate in each case.”

Decreto Supremo No. 1440 por medio del cual se Aprueba el Reglamento de La ley No. 251 de Junio

de 2012 de Protección a Personas Refugiadas (Disposición transitoria única)

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: October 06, 1983

Bolivia has ratiﬁed the Convention but does not have a law on statelessness. However, Supreme Decree No.

1440 of 2012, which approves the regulations for Law No. 251 of 2012 on the protection of refugees,

establishes in its sole transitory provision that “any request for the temporary recognition of statelessness

shall be processed in accordance with the procedure established in Law No. 251 and these Regulations, as

appropriate in each case.”

Decreto Supremo No. 1440 por medio del cual se Aprueba el Reglamento de La ley No. 251 de Junio

de 2012 de Protección a Personas Refugiadas (Disposición transitoria única)

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Not Ratiﬁed

Bolivia has passed Comprehensive Law 263 against Human Traﬃcking and Smuggling, which includes

provisions for protecting victims of such acts. Arts. 34 onward modify the Criminal Code by making human

traﬃcking and smuggling crimes punishable by imprisonment. However, it has not ratiﬁed this Convention.

Ley 263 Integral contra la Trata y Tráﬁco de Personas

Decreto Supremo 1486 Reglamento de la Ley N° 263 Integral contra la Trata y Tráﬁco de Personas

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: May 18, 2006

Bolivia has passed Comprehensive Law 263 against Human Traﬃcking and Smuggling, which includes

provisions for protecting victims of such acts. Art.s 34 onward modify the Criminal Code by making human

traﬃcking and smuggling crimes punishable by imprisonment.

Ley 263 Integral contra la Trata y Tráﬁco de Personas

Decreto Supremo 1486 Reglamento de la Ley N° 263 Integral contra la Trata y Tráﬁco de Personas

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

100

The Global Compact on Refugees, 17 December 2018

Endorsed

101

BOLIVIA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: June 20, 1979

Ley Nº 1430 Aprueba y Ratiﬁca la Convención americana sobre Derechos Humanos (Art. 1)

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: July 12, 2006

Ley Nº 3293 Aprueba la Ratiﬁcación del “Protocolo Adicional de San Salvador”

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Ley Nº 1430 Aprueba y Ratiﬁca la Convención americana sobre Derechos Humanos (Art. 2)

Implementation Cartagena Declaration 1984

Internalized

Ley 251 de Protección a Personas Refugiadas (Art. 15)

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Ratiﬁed

Ley Nº 2831 Aprueba la Ratiﬁcación de Bolivia al Acuerdo sobre Residencia para Nacionales de los

Estados Parte del MERCOSUR, Bolivia y Chile

Andean Migration Statute, 2021

Ratiﬁed: August 11, 2021

The Andean Migration Statute applies to the Member States of the Andean Community of Nations (Bolivia,

Colombia, Ecuador, and Peru). Art. 31 establishes that the Andean Migration Statute “is applicable

immediately after entering into force and is not subject to regulations.” Art. 35 states that “it shall enter into

eﬀect within ninety (90) calendar days, counted from the day following its publication in the Oﬃcial Gazette

of the Cartagena Declaration.” This was published on May 12, 2021, such that the statute entered into force

on August 11, 2021.

Decisión 878 Estatuto Migratorio Andino

BOLIVIA - TEMPORARY RESIDENCE

102

Preferential Access to Residence

Only for some LAC nationals

The Andean Migration Statute applies to the Member States of the Andean Community of Nations (Bolivia,

Colombia, Ecuador, and Peru). Art. 31 establishes that the Andean Migration Statute “is applicable

immediately after entering into force and is not subject to regulations.” Art. 35 states that “it shall enter into

eﬀect within ninety (90) calendar days, counted from the day following its publication in the Oﬃcial Gazette

of the Cartagena Declaration.” This was published on May 12, 2021, such that the statute entered into force

on August 11, 2021. The MERCOSUR Residence Agreement applies in Bolivia for nationals of Argentina,

Brazil, Chile, Paraguay, and Uruguay. There are also bilateral agreements between Bolivia and Brazil and

Argentina.

Ley Nº 2831 Aprueba la Ratiﬁcación de Bolivia al Acuerdo sobre Residencia para Nacionales de los

Estados Parte del MERCOSUR, Bolivia y Chile

Ley Nº 3016 que aprueba el Acuerdo entre el Gobierno de la República de Bolivia y el Gobierno de la

República Federativa de Brasil para el Permiso de Residencia, Estudio y Trabajo de Nacionales

Fronterizos Brasileños y Bolivianos

Acuerdo Migratorio entre la República de Bolivia y la República de Argentina

Ley Nº 3240 que Aprueba el Acuerdo Migratorio entre la República de Bolivia y la República de

Argentina

Decisión 878 Estatuto Migratorio Andino

Permanent Regularization Mechanisms

Available

Permanent Regularization Mechanism: according to the provisions of art. 7, para. II, number 11 of Law 370

of May 8, 2013, or the Migration Act, the General Migration Authority has the power to “regularize temporary

or permanent stays.”

Ley Nº 370 de Migración (Art. 7(2)(11))

Extraordinary Mechanisms since 2000

11 extraordinary regularizations have been carried out

Since 2000, Bolivia has adopted several legal instruments to regularize migration status, the scopes of which

vary, as detailed below: 1. Migration Regularization Agreement between the Republic of Peru and the

Republic of Bolivia (2003), signed on January 26, 2002, and approved by Law No. 2482 of July 2, 2003, which

states that “it applies to nationals of either of the States Parties in the territory of the other whose status is

irregular and who, seeking to regularize their status to engage in formal labor activities as employees or

through self-employment as self-employed or self-employed, submit an application for regularization to the

corresponding migration authority in the receiving country as set out in the following Arts. within one (1)

year of the entry into force of this agreement” 2. Migration Agreement between the Republic of Bolivia and

the Republic of Argentina, passed by Law No. 3240 of November 22, 2005, which states that “nationals of

one of the States Parties whose stay in the territory of the other party is irregular that and submit the

documentation detailed in art. 4 within 365 days from the eﬀective date of this agreement, may avail

themselves of its terms” 3. Ministerial Resolution 059 of the Ministry of the Interior of March 18, 2013,

approving the procedures for regularizing the migration status of Mennonite citizens in Bolivia, by virtue of

which Administrative Resolution no. 05 of the General Migration Authority of June 12, 2013, is adopted,

issuing the plan for regularizing the migration status of Mennonite citizens and the exercise of rights and

obligations within the framework of the regulations in force 4. Supreme Decree No. 1800 of November 20,

103

2013, which aims to “establish the regularization of the migration status of foreigners in Bolivian territory

whose migration status is irregular. To this end, the General Migration Authority and the General Personal

Identiﬁcation Service (SEGIP) will exempt those concerned from the payment of ﬁnes” 5. Administrative

Resolution no. 69 of the Bolivian General Migration Authority of June 6, 2015, which adopts the 2015

Migration Regularization Plan for Foreign University Students in Bolivia, within the framework of the

Residence Agreement of the MERCOSUR Member and Associate States 6. Administrative Resolution DIGEMIG

no. 162 of the Bolivian General Migration Authority of October 6, 2015, through which the Migration

Regularization Plan is adopted for foreigners from MERCOSUR Member and Associate States residing in

Ángel Sandoval and Velazco provinces 7. Supreme Decree No. 2965 of 2016, which aims to “establish the

exceptional regularization of the migration status of foreigners in Bolivian territory whose migration status is

irregular. To this end, the General Migration Authority (DIGEMIG) and the General Personal Identiﬁcation

Service (SEGIP) will exempt those concerned from the payment of ﬁnes” 8. Supreme Decree No. 3676 of

2018 which aims to “establish the exceptional regularization of the migration status of foreigners in Bolivian

territory whose migration status is irregular, and the conditions and requirements of this” 9. The migration

regularization process provided for in Supreme Decree No. 4576 of 2021 is currently in force. This grants

temporary stays of two years temporary stays of two years to foreigners who request their status be

regularized within 12 months of the publication of the decree (i.e., from August 25, 2021).

Acuerdo de Regularización Migratoria entre la República del Perú y la República de Bolivia (Art. 2)

Ley Nº 2482 que Aprueba el Acuerdo de Regularización Migratoria entre la República de Bolivia y la

República del Perú

Acuerdo Migratorio entre la República de Bolivia y la República de Argentina (Art. 2)

Ley Nº 3240 que Aprueba el Acuerdo Migratorio entre la República de Bolivia y la República de

Argentina

Resolución Ministerial Nº 059/2013 Regularización Menonitas

Decreto Supremo Nº 1800 Regularización Migratoria

Resolución Administrativa Nº 69 de la Dirección General de Migraciones de Bolivia Plan de

Regularización Migratoria para Estudiantes Universitarios Extranjeros

Resolución Administrativa DIGEMIG Nº 162 de la Dirección General de Migraciones Adopta el Plan de

Regularización Migratoria para Personas Extranjeras de los Estados Parte y Asociados del MERCOSUR

que Radican en las Provincias de Ángel Sandoval y Velazco

Decreto Supremo Nº 2965 Regularización Migratoria

Decreto Supremo Nº 3676 Regularización Migratoria

Decreto Supremo Nº 4576 Regularización Migratoria

Protocolo Adicional al Convenio de Migración entre la República Argentina y la República de Bolivia

(del 16/02/98) (Art. 1)

Segundo Protocolo Adicional al Convenio de Migración entre la República Argentina y la República de

Bolivia (del 16 de febrero de 1998) (Art. 1)

BOLIVIA - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Art. 141 of the Political Constitution of Bolivia states that people born in Bolivian territory are Bolivians by

birth, with the exception of the children of foreign personnel of diplomatic missions.

Constitución Política del Estado (Art. 141)

104

Ius Sanguinis (descent, born abroad)

Automatic

Art. 141 of the Political Constitution of Bolivia states that people born abroad to a Bolivian mother or Bolivian

father are Bolivians by birth. Art. 58 of the Migration Act (Law No. 370 of May 8, 2013, which was amended

by Law No. 1067 of 2018) states that “people born abroad of a Bolivian mother or Bolivian father may be

registered at the consular oﬃces of the Plurinational State of Bolivia abroad and obtain a Bolivian birth

certiﬁcate, in accordance with the legal provisions set out in the Political Constitution and the legislation that

is currently in force.”

Constitución Política del Estado (Art. 141)

Ley Nº 370 de Migración (Art. 58)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

According to art. 143 of the Bolivian Constitution of 2009, Bolivian nationality is not lost by acquiring foreign

citizenship.

Constitución Política del Estado (Art. 143)

Decreto Supremo 27698 Reglamento sobre Doble Nacionalidad y Recuperación de la Nacionalidad

Boliviana (Art. 9)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Foreigners who acquire Bolivian nationality shall not be obliged to renounce their previous nationality.

Constitución Política del Estado (Art. 143)

Decreto Supremo 27698 Reglamento sobre Doble Nacionalidad y Recuperación de la Nacionalidad

Boliviana (Art. 9)

Naturalization

Permitted

Art. 142 of the Political Constitution of Bolivia establishes that foreigners may acquire Bolivian nationality

through naturalization when they have resided in the country for at least three continuous years and

expressly state their desire to do so, in accordance with the requirements established by law. Art. 142, para.

II adds that the minimum required residence period shall be reduced to two years for foreigners in any of the

following situations: 1. Those with a Bolivian spouse, Bolivian children, or Bolivian foster parents. Foreign

citizens who acquire citizenship by marrying Bolivian citizens shall not lose it in the event of divorce or their

spouse’s death. 2. Those who do military service in Bolivia at the required age and in accordance with the

law. 3. Those who are granted Bolivian nationality by the Plurinational Legislative Assembly in recognition of

their services to the country.

Constitución Política del Estado (Art. 142)

Ley Nº 370 de Migración (Título VII sobre la Naturalización de personas migrantes extranjeras)

Decreto Supremo Nº 1923 Reglamento de la Ley de Migración (Arts. 20-25)

105

BOLIVIA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 0 countries

Visa is required for nationals of Bahamas, Barbados, Belice, República Dominicana, El Salvador, Guatemala,

Guyana, Haití, Honduras, Jamaica, Nicaragua, Surinam, Trinidad y Tobago - Respecto de las visas sujetas a

veriﬁcación, el artículo 10 del Reglamento de Migración estipula que “cuando la persona extranjera no haya

podido acceder a una representación consular, la Dirección General de Migración podrá emitir la visa de

turismo o visita en los puestos de control fronterizo terrestres y aeroportuarios migratorios y por motivos de

fuerza mayor en su oﬁcina central o sus administraciones departamentales” previa autorización

fundamentada de la Dirección General de Migración.

Decreto Supremo Nº 27150 por medio del cual se Modiﬁca la Lista de Exoneración y Extensión de

Visas (Anexo II)

Decreto Supremo Nº 28997 de 1 de enero 2007 por medio del cual se modiﬁca la Lista de Exoneración

y Extensión de Visas (Art. 1)

Decreto Supremo Nº 1923 Reglamento de la Ley de Migración (Arts. 8, 10)

BOLIVIA - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Art. 48 of the Migration Act establishes that “foreign migrants that have been authorized to enter the

Plurinational State of Bolivia to stay in the country on a transitory, temporary, or permanent basis may carry

out any remunerated or gainful activity or occupation on their own account or in an employment

relationship, enjoying the protection and rights of the laws that govern the labor and social security regime.”

Ley Nº 370 de Migración (Arts. 32, 48)

Right to healthcare

Permitted for Migrants with a residence permit

In accordance with Law 475 of December 30, 2013, on the Provision of Comprehensive Health Services,

foreigners who are not covered by the short-term social security subsector within the framework of

international instruments, under the principle of reciprocity and under the same conditions as Bolivians (...),

have the right to access free comprehensive public healthcare likewise, foreigners who are in Bolivia and

who belong to the following population groups also have this right: pregnant women women seeking sexual

and reproductive healthcare children under the age of ﬁve persons who have been oﬃcially recognized as

having disabilities, in accordance with current regulations.”

Ley Nº 370 de Migración (Art. 12(2))

Ley 475 de Prestaciones de Servicios de Salud Integral del Estado Plurinacional de Bolivia (Art. 5)

106

Right to education

Permitted for all migrants even those without a permit

Ministerial Resolution No. 001 of January 4, 2018, of the Bolivian Ministry of Education on general regulations

for the management of educational establishments enables foreign children and adolescents to enter the

Bolivian education system regardless of their migration status.

Ley Nº 370 de Migración (Art. 12(5))

Resolución Ministerial Nº 001 del Ministerio de Educación de Bolivia sobre normas Generales para la

Gestión Educativa y Escolar

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Art. 4, para. 22 of Law 370 on Migration establishes that protection of family unity and reuniﬁcation is

granted to people with kinship ties of up to the ﬁrst degree of consanguinity and aﬃnity. In this sense, art.

12, para. 8 on the rights of migrants states that family reuniﬁcation extends to parents, spouses, children,

dependents, or adult children with disabilities.

Ley Nº 370 de Migración (Arts. 4(22), 12(8))

Decreto Supremo Nº 1923 Reglamento de la Ley de Migración (Arts. 9(I)(f)(4), 12(I(e), 13(II(d))

Right to permanent residence

Preferences for regional migrants and based on other factors

Permanent residence is granted to foreign migrants who have been in the country for at least three years

and expressly request it in the case of nationals of MERCOSUR member and associate countries, two years

of residence is required before permanent residence can be granted. This includes nationals of Argentina,

Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, and Uruguay. Nationals of Colombia, Ecuador, and Peru

may also obtain permanent residence in Andean Community countries under art. 22 of the Andean Migration

Statute.

Ley Nº 370 de Migración (Art. 31)

Decisión 878 Estatuto Migratorio Andino (Art. 22)

Right to Vote

Permitted in Local Elections

Art. 27 of the Political Constitution of Bolivia states that “foreigners residing in Bolivia have the right to vote

in municipal elections.” According to art. 45 of the Law on the Electoral Regime (Law 026 of June 30, 2010),

foreigners can vote in municipal elections when they have resided lawfully in the respective municipality for

at least two years. To vote, they must be registered on the electoral roll.

Constitución Política del Estado (Art. 27)

Ley Nº 370 de Migración (Art. 12(9))

Ley 026 del Régimen Electoral (Arts. 45, 98)

107

BRAZIL

108

BRAZIL - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: March 27, 1968

Decree nº 65.810 internalizes the ICERD

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: January 24, 1992

Decree nº 592 internalizes the ICCPR

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: January 24, 1992

Decree nº 591 internalizes the ICESCR

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: February 01, 1984

Decree nº 4.377 internalizes the Convention on the Elimination of Discrimination against Women

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: September 28, 1989

Decree nº 40 internalizes the Convention against Torture

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: September 24, 1990

Decree nº 99.710 internalizes the CRC

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Not Ratiﬁed

Brazil ratiﬁed ILO C097—Migration for Employment Convention (Revised), 1949 (No. 97) on 18 June 1965.

109

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: November 29, 2010

Decree nº 8.767 internalizes the International Convention for the Protection of All Persons from

Enforced Disappearance

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: August 01, 2008

Decree nº 6.949 internalizes the Convention on the Rights of Persons with Disabilities and its Optional

Protocol

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: November 16, 1960

Law nº 9.474 Refugee Statute

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: April 07, 1972

Law nº 9.474 Refugee Statute

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: August 13, 1996

Brazil does not have a speciﬁc law on statelessness. The framework for protection against statelessness is

provided by the Brazilian Migration Act.

Law nº 13.445 Migration Law (Art. 26)

Decree nº 9.199 Regulates the Migration Law (Arts. 95-107)

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: October 25, 2007

Brazil does not have a speciﬁc law on statelessness. The framework for protection against statelessness is

provided by the Brazilian Migration Act.

Law nº 13.445 Migration Law (Art. 26)

Decree nº 9.199 Regulates the Migration Law (Arts. 95-107)

110

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: January 29, 2004

There is no speciﬁc law on migrant smuggling in Brazil.

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: January 29, 2004

Law nº 13.344, Provides for the Prevention and Repression of Internal and International Traﬃcking in

Persons and Measures to Assist Victims

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Not Endorsed

Brazil voted to adopt the Global Compact for Migration on December 18, 2018, but later withdrew from it

under President Jair Bolsonaro

The Global Compact on Refugees, 17 December 2018

Endorsed

111

BRAZIL - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: July 09, 1992

Decree nº 678, internalizes the American Convention on Human Rights

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: August 08, 1996

Decree nº 3.321, internalizes the Additional Protocol in the Area of Social

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Decree nº 4.463 recognizes the jurisdiction of the Inter-American Court of Human Rights

Implementation Cartagena Declaration 1984

Internalized

The expanded deﬁnition of “refugee” in the Cartagena Declaration’ was partially adopted by Brazilian law in

art. 1, para. III of Law No. 9.474, Refugee Statute, July 22, 1997.

Law nº 9.474 Refugee Statute (Art. 1(III))

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Ratiﬁed

Decree nº 6.975 MERCOSUR Residence Agreement

BRAZIL - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 1 countries

Visa is required for nationals of Haití - Actualizado 20-Oct-21

Decree nº 9.199 Regulates the Migration Law (Art. 25)

112

BRAZIL - TEMPORARY RESIDENCE

Preferential Access to Residence

For some LAC nationals and some others

Law 13.445/17 provides that beneﬁciaries of the MERCOSUR Residence Agreement have the right to reside

in Brazil. In addition, nationals of Venezuela, Suriname, and Guyana also have the right of residence.

Nationals from Haiti are also beneﬁciaries of the right of residence on humanitarian grounds.

Law nº 13.445 Migration Law (Arts. 30-36)

Decree nº 9.199 Regulates the Migration Law (Arts. 123-162)

Portaria Interministerial MJSP/MRE nº 19, Provides for the residence permit for immigrants who are in

Brazilian territory and who are nationals of a bordering country, where the Residence Agreement for

Nationals of MERCOSUR States Parties and Associated Countries is not in force (Art. 2)

Portaria Interministerial nº 13 Provides for the Granting of Temporary Visas and Residence Permits for

Humanitarian Reception Purposes for Haitian Nationals and Stateless Persons Residing in the Republic

of Haiti (Art. 5)

Decree nº 6.975 MERCOSUR Residence Agreement (Arts. 4-5)

Permanent Regularization Mechanisms

Available

Migrants whose status is irregular will be individually notiﬁed to regularize their situation within 60 days or

leave the country voluntarily.

Decree nº 9.199 Regulates the Migration Law (Arts. 176-177)

113

Extraordinary Mechanisms since 2000

5 extraordinary regularizations have been carried out

There was one extraordinary regularization in 2009 applicable to all foreign nationals in an irregular situation

who resided in the country. Two other procedures in 2019 oﬀered regularization to Senegalese or Dominican

Republic nationals who had applied for asylum and whose applications were still being processed. Nationals

from Haiti can apply to regularize their status in the country for humanitarian reasons until December 31,

2021. Another administrative resolution in September 2021 established, among other things, that Afghan

nationals whose migration status in Brazil is irregular can apply for a two-year residence permit on

humanitarian grounds.

Law nº 11.961 Provides for the Temporary Residence for Foreigners in an Irregular Situation in the

National Territory

Portaria Interministerial n. 10 Dispõe sobre a Concessão e os Procedimentos de Autorização de

Residência aos Nacionais da República do Senegal, que tenham Processo de Reconhecimento da

Condição de Refugiado em Trâmite no Brasil.

Interministerial Order No 5 Establishes the Granting of a Residence Authorization to Dominican

Republic Nationals who have an ongoing Process of Refugee Status Recognition

Portaria Interministerial nº 13 Provides for the Granting of Temporary Visas and Residence Permits for

Humanitarian Reception Purposes for Haitian Nationals and Stateless Persons Residing in the Republic

of Haiti (Art. 5)

Portaria Interministerial No 24 Dispõe sobre a concessão do visto temporário e da autorização de

residência para ﬁns de acolhida humanitária para nacionais afegãos, apátridas e pessoas afetadas

pela situação de grave ou iminente instabilidade institucional, de grave violação de direitos humanos

ou de direito internacional humanitário no Afeganistão. (Art. 5)

BRAZIL - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Migrants from MERCOSUR Member and Associate States as well as nationals from Guyana, Suriname, and

Venezuela can work in Brazil. This also applies to other nationals who beneﬁt from special permits such as

Haitians. The rest need to apply and can be granted a temporary permit oﬀering the right to work if they

have a job oﬀer.

Law nº 13.445 Migration Law (Arts. 14, 111)

Decree nº 9.199 Regulates the Migration Law (Arts. 33, 38)

Decree nº 6.975 MERCOSUR Residence Agreement

Portaria Interministerial MJSP/MRE nº 19, Provides for the residence permit for immigrants who are in

Brazilian territory and who are nationals of a bordering country, where the Residence Agreement for

Nationals of MERCOSUR States Parties and Associated Countries is not in force (Art. 7)

Portaria Interministerial nº 13 Provides for the Granting of Temporary Visas and Residence Permits for

Humanitarian Reception Purposes for Haitian Nationals and Stateless Persons Residing in the Republic

of Haiti (Art. 10)

114

Right to healthcare

Permitted for all migrants even those without a permit

In accordance with the Migration Act, all migrants have access to health public services without any

discrimination on the grounds of nationality or migration status.

Law nº 13.445 Migration Law (Art. 4(VIII))

Decree nº 9.199 Regulates the Migration Law (Art. 256(II))

Right to education

Permitted for all migrants even those without a permit

The Migration Act does not guarantee irregular migrants the right to education. However, National Education

Council Resolution No. 1 establishes that children and adolescents must be granted the right to education

regardless of their migratory status.

Law nº 13.445 Migration Law (Art. 4)

Decree nº 9.199 Regulates the Migration Law (Art. 256(II))

Resolution nº 1 CNE Provides for the right to enroll migrant children and adolescents, refugees,

stateless persons and asylum seekers in the Brazilian public education system (Art. 1 (3) (II))

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Article 3(VIII) of the Migration Act guarantees the right to family reuniﬁcation. According to art. 45 of the

Decree no. 9.199 that regulates the Migration Act, family members are: the spouse or partner, without any

discrimination children ascendant up to the second degree descendant up to the second degree siblings

people under tutelage, curatorship, or custody and stepchildren, as long as they are under 18, or under 24 if

they remain in education, or of any age, if proven to be economically dependent on the sponsor.

Law nº 13.445 Migration Law (Arts. 3(VIII), 37)

Decree nº 9.199 Regulates the Migration Law (Art. 45)

Portaria nº 12, Provides for the temporary visa and the residence permit for family reunion (Art. 2)

115

Right to permanent residence

Preferences for regional migrants and based on other factors

Privileged migrants are the following: I. beneﬁciaries of the MERCOSUR Residence Agreement, who can

obtain permanent residence after two years. This includes nationals of the following countries: Argentina,

Bolivia, Chile, Colombia, Ecuador, Paraguay, Peru, and Uruguay (see below for Argentina and Uruguay) II.

nationals of Guyana, Suriname, and Venezuela, after two years of residence III. victims of human traﬃcking,

slave labor, and other violations aggravated by migration status (permanent residence is granted from the

moment they are recognized as victims and they receive an indeﬁnite leave to remain permit) IV. nationals

from Argentina and Uruguay have the right to directly obtain permanent residence due to bilateral

agreements. V. investors are also entitled to permanent residence permits in Brazil. VI. Haitian nationals,

after two years of residence.

Law nº 13.445 Migration Law (Art. 30(g))

Portaria nº 87, Provides for the procedures and granting of residence permits to persons who have

been victims of human traﬃcking, slave labor or violation of rights aggravated by their migratory

status (par. 1)

Decree nº 6.736 Agreement between the Federative Republic of Brazil and the Argentine Republic

(Art. 1)

Decree nº 9.089 Enacts the Agreement between the Federative Republic of Brazil and the Oriental

Republic of Uruguay on Permanent Residence for the Purpose of Achieving Free Movement of Persons

(Art. 2)

Normative Regulation nº 13, Regulates the granting of a residence permit for investment by an

individual in a legal entity in the country, 12-Dez-17 (Art. 5(IV))

Portaria Interministerial nº 13 Provides for the Granting of Temporary Visas and Residence Permits for

Humanitarian Reception Purposes for Haitian Nationals and Stateless Persons Residing in the Republic

of Haiti (Art. 5)

Decree nº 6.975 MERCOSUR Residence Agreement (Arts. 4-5)

Portaria Interministerial MJSP/MRE nº 19, Provides for the residence permit for immigrants who are in

Brazilian territory and who are nationals of a bordering country, where the Residence Agreement for

Nationals of MERCOSUR States Parties and Associated Countries is not in force (Art. 5)

Acordo entre a República Federativa do Brasil e a República Argentina para Concessão de

Permanência a Detentores de Vistos Temporários ou a Turistas (Art. 1)

Acordo entre a República Federativa do Brasil e a República Oriental do Uruguai sobre Residência

Permanente com o Objetivo de Alcançar a Livre Circulação de Pessoas (Art. 2)

Right to Vote

Not permitted for any migrants

Art. 14, para. 2 of the Federal Constitution prohibits foreigners from being listed on the electoral roll.

However, the Treaty of Friendship, Cooperation, and Assistance grants political rights to Portuguese

nationals who have resided in Brazil for three years, on grounds of reciprocity.

Constitution of the Federal Republic of Brazil (Art. 14)

Decree nº 3.927, Enacts the Treaty of Friendship, Cooperation and Consultation, between the

Federative Republic of Brazil and the Portuguese Republic (Art. 17(1))

BRAZIL - NATIONALITY

116

Ius soli (birth in the territory of the country)

Automatic

Those born in the Federative Republic of Brazil, even to foreign parents, provided that they are not at the

service of their country.

Constitution of the Federal Republic of Brazil (Art. 12(a))

Ius Sanguinis (descent, born abroad)

Automatic

Those born abroad to a Brazilian father or a Brazilian mother are Brazilians by birth, provided that either of

the parents is in the service of the Federative Republic of Brazil. So are those born abroad to a Brazilian

father or a Brazilian mother, provided they are registered at a Brazilian consulate or come to reside in the

Federative Republic of Brazil and opt, at any time, after reaching the age of majority, for Brazilian

nationality.

Constitution of the Federal Republic of Brazil (Art. 12(b)-(c))

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Dual citizenship is permitted in cases when the original nationality is recognized by foreign law or in cases

when Brazilians residing in another country are required to become naturalized citizens as a condition to

remain in its territory or to exercise civil rights.

Constitution of the Federal Republic of Brazil (Art. 12, para. 4(II)(a)-(b))

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who acquire Brazilian nationality through naturalization are not required to give up their previous

nationality.

Law nº 13.445 Migration Law (Art. 65)

117

Naturalization

Permitted

Naturalization in Brazil can be: ordinary, extraordinary, special, or provisional. As a general rule, ordinary

naturalization is granted to persons that have lived in the country for four years possessing permanent

residence. This period can be shorter in some cases: 1. Two years for stateless people 2. One year for

residents that have Brazilian children, a Brazilian spouse or partner, have provided or are able to provide

relevant services to Brazil, or have relevant professional, scientiﬁc, or artistic capacities. 3. One year for

nationals of a Portuguese-speaking country, when they intend to continue to reside in Brazil. The granting of

citizenship is a discretionary power.

Law nº 13.445 Migration Law (Arts. 64-72, Art. 26, par. 7)

Decree nº 9.199 Regulates the Migration Law (art. 95)

Portaria nº 623, Provides for the procedures for naturalization, equal rights, loss of nationality, re-

acquisition of nationality and revocation of the decision to lose Brazilian nationality

Portaria Interministerial nº 5, establishes procedures to be adopted in relation to the processing of

requests for recognition of statelessness and the facilitated procedure for naturalization of stateless

persons thus recognized by the Federative Republic of Brazil

Constitution of the Federal Republic of Brazil (Art. 12(2)(a))

118

CHILE

119

CHILE - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: October 20, 1971

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: February 10, 1972

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: February 10, 1972

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: December 07, 1989

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: September 30, 1988

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: August 13, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: March 21, 2005

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: December 08, 2009

120

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: July 29, 2008

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: January 28, 1972

Ley 20430 Establece Disposiciones sobre Protección de Refugiados

Decreto 837 Aprueba Reglamento de la Ley 20430 que Establece Disposiciones sobre Protección de

Refugiados

Decreto 287 Aprueba Convención sobre el Estatuto de los Refugiados

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: April 27, 1972

Ley 20430 Establece Disposiciones sobre Protección de Refugiados

Decreto 837 Aprueba Reglamento de la Ley 20430 que Establece Disposiciones sobre Protección de

Refugiados

Decreto 293 Aprueba Protocolo sobre el Estatuto de los Refugiados

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: April 11, 2018

Chile does not have a law on statelessness. The topic is brieﬂy regulated in the Law on Migration and Aliens.

Ley 21325 de Migración y Extranjería (Arts. 155(10), 173)

Decreto 112 Promulga la Convención sobre el Estatuto de los Apátridas

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: April 11, 2018

Chile does not have a law on statelessness. The topic is brieﬂy regulated in the Law on Migration and Aliens.

Ley 21325 de Migración y Extranjería (Arts. 155(10), 173)

Decreto 111 Promulga la Convención para Reducir los Casos de Apatridia

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: November 29, 2004

Ley 20507 Tipiﬁca los Delitos de Tráﬁco Ilícito de Migrantes y Trata de Personas y Establece Normas

para su Prevención y más Efectiva Persecución Criminal (Art. 411 bis)

Ley 21325 de Migración y Extranjería (Art. 13)

121

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: November 29, 2004

Decreto 342 Promulga la Convención de las Naciones Unidas contra la Delincuencia Organizada

Transnacional y sus siguientes Protocolos contra el Tráﬁco Ilícito de Migrantes por Tierra, Mar y Aire y

para Prevenir, Reprimir y Sancionar la Trata de Personas, Especialmente Mujeres y Niños (Art. 411 ter

a quinquies)

Ley 20507 Tipiﬁca los Delitos de Tráﬁco Ilícito de Migrantes y Trata de Personas y Establece Normas

para su Prevención y más Efectiva Persecución Criminal (Art. 411 ter a quinquies)

Ley 21325 de Migración y Extranjería (Art. 13)

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Not Endorsed

Chile has not adopted the Global Compact and abstained from voting.

The Global Compact on Refugees, 17 December 2018

Endorsed

122

CHILE - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: August 10, 1990

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Recently approved by the Senate in July of 2021 but not yet ratiﬁed.

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

Ley 20430 Establece Disposiciones sobre Protección de Refugiados (Art. 2.2)

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Ratiﬁed

Chile signed the agreement in 2002 but only applies it to nationals of ﬁve countries: Argentina, Bolivia,

Brazil, Paraguay, and Uruguay.

Oﬁcio Circular N°26465 Subsecretario del Interior Instruye sobre Aplicación del Acuerdo sobre

Residencia de los Estados Partes del MERCOSUR, Bolivia y Chile

123

CHILE - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 4 countries

Visa is required for nationals of Surinam, República Dominicana, Haití, Venezuela - Última modiﬁcación 22-

jun-2019

Resolución Núm. 1.542 exenta, Fija Cuadro de Aranceles de Visas y Vistos de Turismo Otorgados en el

Extranjero (Art. 45 (still in force))

Ley 21325 de Migración y Extranjería (Art. 27)

Decreto N°237 del Ministerio del Interior y Seguridad Pública. Establece Visto Consular de Turismo a

Nacionales de la República Bolivariana de Venezuela

124

CHILE - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

The MERCOSUR Residence Agreement applies in Chile for nationals of Argentina, Bolivia, Brazil, Paraguay,

and Uruguay.

Oﬁcio Circular N°26465 Subsecretario del Interior Instruye sobre Aplicación del Acuerdo sobre

Residencia de los Estados Partes del MERCOSUR, Bolivia y Chile

Permanent Regularization Mechanisms

Not Available

According to the provisions of art. 155 no. 8 of Law 21325 (2021), the Undersecretary of the Interior may

“establish regularization mechanisms for foreigners whose migration status is irregular, in accordance with

the objectives of national immigration policy, including the corresponding requirements, which shall be

carefully determined to promote and facilitate regular migration status and may take the length of the

interested party’s irregular stays into account.” However, this cannot be deemed a permanent mechanism

that a person whose migration status is irregular can opt for at any time—instead, it depends on the

willingness of the Undersecretary of the Interior to implement extraordinary regularization mechanisms.

Ley 21325 de Migración y Extranjería (Art. 155(8), Art. 8 transitorio)

Extraordinary Mechanisms since 2000

3 extraordinary regularizations have been carried out

Extraordinary regularization programs: 2007 (Exemption Resolution No. 36.339 of the Department of Aliens

and Migration) 2018 (Exemption Resolution No. 1965 of 2018) 2021 (temporary art. 8 of Law 21325 on

Migration and Aliens).

Resolución Exenta N° 1965 de 2018 de la Subsecretaría de Interior

Resolución Exenta Nº 36.339

Ley 21325 de Migración y Extranjería (Art. 8 transitorio)

Resolución Núm. 1.769 Exenta Aprueba Proceso de Regularización Contemplado en el Artículo Octavo

Transitorio de la Ley 21.325 de Migración y Extranjería

CHILE - RIGHTS DURING RESIDENCE

125

Right to work

Permitted for some permit categories

Art. 14. Labor Rights. Foreigners shall enjoy the same labor rights as Chileans, without prejudice to the

requirements and sanctions established by law in certain circumstances. All employers shall comply with

their legal obligations in labor-related matters, without prejudice to the foreign employee’s migration status.

Furthermore, art. 73 establishes that: “Temporary residents may engage in paid activities.”

Ley 21325 de Migración y Extranjería (Arts. 14, 73)

Right to healthcare

Permitted for all migrants even those without a permit

Art. 15. Right to access healthcare. Foreigners who are legally resident in the country or whose status is

irregular and their dependents have the right access to healthcare in accordance with the requirements

established by the health authority, on an equal basis with nationals.

Ley 21325 de Migración y Extranjería (Art. 15)

Right to education

Permitted for all migrants even those without a permit

Art. 17. Access to Education. The State shall guarantee access to preschool, primary, and secondary

education to foreign minors living in Chile on an equal footing with nationals. This right may not be denied or

limited because their migration status or that of their parents or guardians is irregular.

Ley 21325 de Migración y Extranjería (Art. 17)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Art. 19. Family Reuniﬁcation. Residents may request family reuniﬁcation with their spouse or with the person

with whom they maintain a relationship the eﬀects of which are equivalent to marriage, in accordance with

applicable law, as well as parents, minor children, children with disabilities, unmarried children under the

age of 24 who are in education, and minors who are in their care or guardianship. The State must promote

the protection of family unity.

Ley 21325 de Migración y Extranjería (Art. 19)

126

Right to permanent residence

Preferential access for regional migrants

Art. 78: Permanent residence may only be granted to foreigners in possession of a temporary residence

permit that expressly admits applying for permanent residence and who comply with the requirements

established in this law, its regulations, and the supreme decree that establishes the subcategories listed in

art. 70. As of December 1, 2021, the regulations have not yet been adopted. Nationals of MERCOSUR

countries do not have priority treatment in this area.

Ley 21325 de Migración y Extranjería (Arts. 78-79)

Oﬁcio Circular N°26465 Subsecretario del Interior Instruye sobre Aplicación del Acuerdo sobre

Residencia de los Estados Partes del MERCOSUR, Bolivia y Chile

Right to Vote

Permitted in all elections (local and national)

According to art. 14 of the Constitution, foreigners who have resided in Chile for more than ﬁve years and

who meet the requirements set forth in the art. 13, para. 1 may exercise the right to vote in the cases and

forms established by the law. Art. 60 of Organic Constitutional Law 18700 on Popular Voting and Canvassing

establishes the right to vote in all types of elections.

Constitución Política de la República de Chile (Art. 14)

Ley 21325 de Migración y Extranjería (Art. 174)

Ley Orgánica Constitucional 18700 sobre Votaciones Populares y Escrutinios (Art. 60)

CHILE - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Those born in Chilean territory are Chilean nationals, with the exception of the children of foreigners who are

in Chile on government service and the children of foreigners in transit, all of whom may, however, opt for

Chilean nationality. This declaration must be made within a year of the interested party’s 18th birthday. Art.

173 of Law 21325 (2021) should also be taken into account: “A foreigner in transit shall be understood as a

person who is passing through Chilean territory, with no intention of settling in it and who falls into any of

the transitory migration subcategories established as per art. 53. Any person born in Chilean territory who

falls under any of the exceptions listed in art. 10, para. 1, of the Political Constitution who would otherwise

be stateless shall be considered Chilean by birth. In the absence of proof to the contrary, it shall be

presumed that any children found abandoned by their parents in Chilean territory were born in the country

of Chilean parents.”

Constitución Política de la República de Chile (Art. 10)

Ley 21325 de Migración y Extranjería (Art. 173)

Decreto 5142 Fija el Texto Refundido de las Disposiciones sobre Nacionalización de Extranjeros (Art.

10)

127

Ius Sanguinis (descent, born abroad)

Automatic

The children of a Chilean father or mother who are born abroad. However, one of their parents or

grandparents is required to have acquired Chilean nationality. In practice, the interested party is required to

ask to register the birth at the appropriate consulate and prove that the above requirements have been met.

Constitución Política de la República de Chile (Art. 10)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

If a Chilean acquires a diﬀerent nationality, they may still keep their Chilean nationality.

Constitución Política de la República de Chile (Art. 11)

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

To be granted a naturalization certiﬁcate, applicants must ﬁrst renounce their nationality of origin or any

other nationality they have acquired or that might correspond to them.

Decreto 5142 Fija el Texto Refundido de las Disposiciones sobre Nacionalización de Extranjeros (Art.

Constitución Política de la República de Chile (Art. 10)

128

Naturalization

Permitted

In Chile, naturalization certiﬁcates are granted in accordance with the law to foreigners who: are 18 or over,

have resided in Chilean territory for more than ﬁve years, and hold a permanent residence permit the

children of foreigners who are 14 or older, have resided in Chilean territory for more than ﬁve years, have

parents or guardians with permanent residence permits who have authorized them to acquire Chilean

nationality and children under 18 years, one of whose parents’ refugee status has been acknowledged by

Chile. Those in the latter category may become Chilean nationals from the moment that at least one of their

parents has obtained their naturalization certiﬁcate, without needing to comply with any other legal

requirements. Permanent residents who can prove that they have resided continually in Chilean territory for

two years and have any of the ties listed below can apply for qualiﬁed nationality: a. Anyone who has been

the spouse of a Chilean national for at least two years and whose marriage is registered in Chile, provided

that the provisions of art. 133 of the Civil Code are complied with during the same period. b. Relatives of

Chilean nationals up to the second degree of consanguinity and those adopted by Chilean nationals. c.

Children whose father or mother were once Chilean nationals but lost their Chilean nationality before their

birth. d. Those who receive special authorization by law. A naturalization certiﬁcate will not be granted to

foreigners who are in any of the following situations: 1. Those who have received convictions in the last ten

years for acts that are deemed felonies in Chile. 2. Those who have received convictions in the last ﬁve

years for acts that are deemed misdemeanors or minor oﬀenses in Chile, and those with precedents that

make it advisable not to grant them nationality.

Constitución Política de la República de Chile (Art. 10)

Ley 21325 de Migración y Extranjería (Art. 86)

Decreto 5142 Fija el Texto Refundido de las Disposiciones sobre Nacionalización de Extranjeros (Arts.

2-3)

129

COLOMBIA

130

COLOMBIA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: September 02, 1981

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: October 29, 1969

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: October 29, 1969

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: January 19, 1982

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: December 08, 1987

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: January 28, 1991

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: May 24, 1995

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: July 11, 2012

131

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: May 10, 2011

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: October 10, 1961

Decreto 2840 por el cual se Establece el Procedimiento para el Reconocimiento de la Condición de

Refugiado, se Dictan Normas sobre la Comisión Asesora para la Determinación de la Condición de

Refugiado y Otras Disposiciones

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: March 04, 1980

Decreto 2840 por el cual se Establece el Procedimiento para el Reconocimiento de la Condición de

Refugiado, se Dictan Normas sobre la Comisión Asesora para la Determinación de la Condición de

Refugiado y Otras Disposiciones

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: October 07, 2019

There is no speciﬁc law on statelessness in Colombia. Statelessness is covered by Law 2136, which

establishes a comprehensive migration policy for the Colombian State.

Ley 2136 por medio de la cual se Establecen las Deﬁniciones, Principios y Lineamientos para la

Reglamentación y Orientación de la Política Integral Migratoria del Estado Colombiano y se Dictan

otras Disposiciones (Arts. 65-67)

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: August 15, 2014

There is no speciﬁc law on statelessness in Colombia. Statelessness is covered by Law 2136, which

establishes a comprehensive migration policy for the Colombian State.

Ley 2136 por medio de la cual se Establecen las Deﬁniciones, Principios y Lineamientos para la

Reglamentación y Orientación de la Política Integral Migratoria del Estado Colombiano y se Dictan

otras Disposiciones (Arts. 65-67)

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Not Ratiﬁed

132

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: August 04, 2004

Ley 985 Adopta Medidas contra la Trata y Normas para Atender y Proteger a sus Víctimas

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

133

COLOMBIA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: May 28, 1973

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: October 22, 1997

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

Decreto 4503 por el cual se modiﬁca el Procedimiento para el Reconocimiento de la Condición de

Refugiado (Art. 1)

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Ratiﬁed

Decreto 941 de 2014 Decreto 941 de 2014 Mediante el cual se Incorporan al Ordenamiento Migratorio

Interno, Visas Previstas en el Marco del Acuerdo sobre Residencia para los Nacionales de los Estados

Parte del Mercosur, Bolivia y Chile, y se Dictan Otras Disposiciones en Materia Migratoria

Andean Migration Statute, 2021

Ratiﬁed: August 11, 2021

The Andean Migration Statute applies to the Member States of the Andean Community of Nations (Bolivia,

Colombia, Ecuador, and Peru). Art. 31 establishes that the Andean Migration Statute “is applicable

immediately after entering into force and is not subject to regulations.” Art. 35 states that “it shall enter into

eﬀect within ninety (90) calendar days, counted from the day following its publication in the Oﬃcial Gazette

of the Cartagena Declaration.” This was published on May 12, 2021, such that the statute entered into force

on August 11, 2021.

Decisión 878 Estatuto Migratorio Andino

COLOMBIA - RIGHTS DURING RESIDENCE

134

Right to work

Permitted for some permit categories

The general visa regime establishes that work visas are mandatory. The exceptions to this are Venezuelan

nationals who hold Special Stay Permits (PEP) or Temporary Protection Permits (PTP), who are allowed to

work. Citizens of some MERCOSUR member or associate countries—speciﬁcally, Argentina, Brazil, Bolivia,

Ecuador, Paraguay, Peru, and Uruguay—may access type-M visas, which allow them to work. The Migration

Statute also includes the right for nationals of Bolivia, Ecuador, and Peru to pursue self-employment or

employment.

Resolución 6045 of 2017 Por la cual se Dictan Disposiciones en Materia de Visas (Art. 47)

Resolución 5797 Por medio de la cual se crea un Permiso Especial de Permanencia (Art. 3)

Decisión 878 Estatuto Migratorio Andino (Art. 20)

Decreto 216 del 2021 por medio del cual se Adopta el Estatuto Temporal de Protección para Migrantes

Venezolanos Bajo Régimen de Protección Temporal y se Dictan Otras Disposiciones en Materia

Migratoria (Art. 11)

Right to healthcare

Permitted for Migrants with a residence permit

Everyone has the right to receive emergency care, including those whose migration status is irregular. Only

migrants with a residence permit can be aﬃliated with the General Health System. In 2017, Venezuelan

migrants holding Special Stay Permits (PEP) were authorized to register with the General Health System.

Ley 1751 de 2015 por medio de la cual se Regula el Derecho Fundamental a la Salud (Arts. 6, 10, 14)

Decreto 780 de 2016 Por medio del cual se expide el Decreto Único Reglamentario del Sector Salud y

Protección Social (Arts. 2.1.3.5, 2.5.3.2.2)

Resolución 3015 de 2017 Por medio de la cual se Incluye el Permiso Especial de Permanencia - PE

como Documento Válido de Identiﬁcación en los Sistemas de Información del Sistema de Protección

Social (Art. 6)

Corte Constitucional Sentencia SU677/17

Right to education

Permitted for Migrants with a residence permit

In 2018, Venezuelan children and adolescents were authorized to enroll in educational establishments

regardless of their migration status. Other migrants wishing to enroll in educational establishments must

have type-M student visas.

Resolución 6045 of 2017 Por la cual se Dictan Disposiciones en Materia de Visas (Art. 10)

Circular Conjunta 16 de 2018 del Ministerio de Educación Nacional Instructivo para la Atención de

Niños, Niñas y Adolescentes Procedentes de Venezuela en los Establecimientos Educativos

Colombianos

135

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Members of the immediate family who are ﬁnancially dependent on the main holder of a type-M or type-R

visa may hold beneﬁciary visas, as may those who are dependent on the main holder of a type-V visa when

this visa has been granted for certain activities. As a general rule, members of the immediate family of the

main holder of a visa will be understood as including the spouse or permanent partner, their parents when

they depend economically on the holder, all children under 25, and children over 25 when they have a

disability that prevents them from being ﬁnancially independent.

Resolución 6045 of 2017 Por la cual se Dictan Disposiciones en Materia de Visas (Art. 26)

Right to permanent residence

Preferences for regional migrants and based on other factors

Those who fall into the following categories receive privileged treatment and obtain permanent residence

after two years: Nationals of one of the States Parties to the Residence Agreement for Nationals of the

MERCOSUR States Parties, Bolivia, and Chile The Andean Migration Statute also applies for nationals of

Bolivia, Ecuador, or Peru Being the spouse or permanent partner of a Colombian national being the adopted

parent or child of a Colombian national. Those who fall into the following categories can obtain permanent

residence directly: Former Colombian nationals who have given up this nationality parents of a Colombian

national by birth. Foreigners who do not fall into one of these privileged categories must have remained in

Colombian territory continuously and uninterruptedly for ﬁve years under any of the following conditions: as

a holder of a type-M visa as per the conditions set out in numbers 4 to 11 of art. 17 (for work, investment,

study, cooperation, among others) as a holder of a refugee visa and direct foreign investment of the

minimum amounts established by law.

Resolución 6045 of 2017 Por la cual se Dictan Disposiciones en Materia de Visas (Art. 21)

Decisión 878 Estatuto Migratorio Andino (Art. 22)

Right to Vote

Permitted in Local Elections

Only foreigners who are of legal age, hold a residence visa, and have been resident in the country for more

than ﬁve years can vote in local elections.

Resolución 542 de 2015 Por la cual se Establecen los Requisitos de los Extranjeros Residentes en

Colombia para ser Parte del Censo Electoral en las Elecciones y Consultas Populares de Carácter

Municipal o Distrital (Art. 1)

Ley 1070 de 2006 por Medio de la cual se Reglamenta el Voto de Extranjeros Residentes en Colombia

(Arts. 1, 2, 5)

COLOMBIA - NATIONALITY

136

Ius soli (birth in the territory of the country)

Not Automatic

Colombia does not apply absolute jus soli. The children of foreigners born in Colombian territory may only

access Colombian nationality if their parents are understood to be legally resident in the country, which only

occurs after they have remained in the country for three continuous years, according to the legislation in

force. Exceptional measures were created for the children of Venezuelans born in Colombian territory to

allow them access to Colombian nationality from birth and thus prevent statelessness.

Ley 2136 por medio de la cual se Establecen las Deﬁniciones, Principios y Lineamientos para la

Reglamentación y Orientación de la Política Integral Migratoria del Estado Colombiano y se Dictan

otras Disposiciones

Resolución 8470 de 2019 Por la cual se Adopta una Medida Administrativa de Carácter Temporal y

Excepcional, para Incluir de Oﬁcio la Nota "Válido para Demostrar Nacionalidad" en el Registro Civil de

Nacimiento de Niñas y Niños Nacidos en Colombia, que se Encuentran en Riesgo de Apatridia, Hijos de

Padres Venezolanos, que no Cumplen con el Requisito de Domicilio.

Ley 1997 de 2019 por medio del cual se establece un Régimen Especial y Excepcional para Adquirir la

Nacionalidad Colombiana por Nacimiento, para Hijos e Hijas de Venezolanos en Situación de Migración

Regular o Irregular, o de Solicitantes de Refugio, Nacidos en Territorio Colombiano, con el ﬁn de

Prevenir la Apatridia.

Circular 168 de 2017 Registro civil Inscripción en el Registro Civil de Nacimiento de los Hijos de

Extranjeros

Constitución Política de Colombia (Art. 96)

Resolución 8617 por la cual se modiﬁca parcialmente la Resolución 8470 y se prorroga su vigencia

Ius Sanguinis (descent, born abroad)

Automatic

Children of Colombians born abroad are nationals by birth once they are registered with the Colombian

consulate in their place of birth by providing an authenticated copy of their foreign birth certiﬁcate.

Constitución Política de Colombia (Art. 96)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Colombians may obtain another nationality without losing their Colombian nationality.

Constitución Política de Colombia (Art. 96)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who acquire Colombian nationality through naturalization are not required to give up their previous

nationality.

Constitución Política de Colombia (Art. 96)

Ley 43 por Medio de la cual se Establecen las Normas Relativas a la Adquisición, Renuncia, Pérdida y

Recuperación de la Nacionalidad Colombiana (Art. 14)

137

Naturalization

Permitted

Nationals of Latin America and the Caribbean and Spain may apply for Colombian nationality after residing

in Colombia for two years. This same applies to foreigners who are married to Colombians. Other foreigners

may opt for Colombian nationality after ﬁve years of regular, uninterrupted residence, provided that they

comply with the requirements established by the Ministry of Foreign Aﬀairs.

Ley 43 por Medio de la cual se Establecen las Normas Relativas a la Adquisición, Renuncia, Pérdida y

Recuperación de la Nacionalidad Colombiana (Art. 4)

Decreto Único Reglamentario 1067 del Sector Administrativo de Relaciones Exteriores. (Artículo

2.2.4.2.1)

COLOMBIA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 2 countries

Visa is required for nationals of Haití, Nicaragua - Haití y Nicaragua requieren visa. Los nacionales de

Nicaragua pueden ingresar sin visa si son titulares de un permiso de residencia de un estado miembro del

espacio Schengen, de Estados Unidos o de Canadá, o si son titulares de una visa Schengen o de una visa de

Estados Unidos o de Canadá con una vigencia mínima de 180 días en el momento de entrar a Colombia.

Resolución 10535 por la cual se Establecen Disposiciones de Exención de Visas (Arts. 1-3, 7-8)

COLOMBIA - TEMPORARY RESIDENCE

138

Preferential Access to Residence

Only for some LAC nationals

Nationals of MERCOSUR member and associate countries have the right to reside in Colombia. This excludes

nationals from Suriname, Guyana, and, as of 2019, Chile, since Colombia decided to suspend the granting of

MERCOSUR nationals of countries based on the reciprocity principle. On the other hand, Venezuelan

nationals entering the country within two years of the Temporary Protection Statute coming into force (i.e.,

until May 28, 2023) are also entitled to obtain a residence permit until 2031. Finally, for nationals of Bolivia,

Ecuador, and Peru, both the MERCOSUR Residence Agreement and the Andean Migration Statute apply.

Resolución 6045 of 2017 Por la cual se Dictan Disposiciones en Materia de Visas

Decreto 216 del 2021 por medio del cual se Adopta el Estatuto Temporal de Protección para Migrantes

Venezolanos Bajo Régimen de Protección Temporal y se Dictan Otras Disposiciones en Materia

Migratoria

Decreto 941 de 2014 Decreto 941 de 2014 Mediante el cual se Incorporan al Ordenamiento Migratorio

Interno, Visas Previstas en el Marco del Acuerdo sobre Residencia para los Nacionales de los Estados

Parte del Mercosur, Bolivia y Chile, y se Dictan Otras Disposiciones en Materia Migratoria

Decisión 878 Estatuto Migratorio Andino

Resolución 971 Por la cual se implementa el Estatuto Temporal de Protección para Migrantes

Venezolanos adoptado por medio del Decreto 216 de 2021 (Arts. 14, 15, 20)

Permanent Regularization Mechanisms

Not Available

139

Extraordinary Mechanisms since 2000

12 extraordinary regularizations have been carried out

The ﬁrst regularization process took place in 2008. Colombia went on to adopt ten diﬀerent instruments

from 2017 on through which various categories of Venezuelan nationals were allowed to regularize their

status through the Special Stay Permit (PEP). The Temporary Protection Statute was created in 2021 and

enables Venezuelan migrants present in Colombian territory as of January 31, 2021, to regularize their

status.

Decreto 3970 por el cual se Dictan Disposiciones sobre Regularización de Extranjeros

Resolución 5797 Por medio de la cual se crea un Permiso Especial de Permanencia

Resolución 0740 Por la cual se Establece un Nuevo Término para acceder al Permiso Especial de

Permanencia (PEP)

Resolución 6370 del 1 de agosto de 2018 por la cual se Reglamenta la Expedición del Permiso

Especial de Permanencia - PEP creado mediante Resolución 5797 de 2017 del Ministerio de Relaciones

Exteriores, para su Otorgamiento a las Personas Inscritas en el Registro Administrativo de Migrantes

Venezolanos

Resolución 10064 Por la cual se Modiﬁca el Parágrafo 1 del Artículo 1 de la Resolución 6370 de 2018

Resolución 10667 Por la cual se Establece un Nuevo Término para Acceder al Permiso Especial de

Permanencia - PEP, Creado Mediante la Resolución 5797 del 25 de Julio de 2017

Resolución 2540 Por la cual se Reglamenta la Expedición del Permiso Especial de Permanencia (PEP)

creado mediante la Resolución 5797 de 2017, en virtud del Memorando de Entendimiento suscrito

entre el Gobierno de la República de Colombia y el Gobierno de la República Bolivariana de Venezuela

Resolución 3548 Por medio de la cual se crea un Permiso Especial Complementario de Permanencia

(PECP)

Resolución 0240 Por la cual se Establece un Nuevo Término para Acceder al Permiso Especial de

Permanencia - PEP

Decreto 117 de 2020 de creación de un Permiso Especial de Permanencia para el Fomento de la

Formalización - PEPFF

Resolución 2502 Por la cual se Establece un Nuevo Término para Acceder al Permiso Especial de

Permanencia (PEP)

Decreto 216 del 2021 por medio del cual se Adopta el Estatuto Temporal de Protección para Migrantes

Venezolanos Bajo Régimen de Protección Temporal y se Dictan Otras Disposiciones en Materia

Migratoria

Resolución 971 Por la cual se implementa el Estatuto Temporal de Protección para Migrantes

Venezolanos adoptado por medio del Decreto 216 de 2021 (Art. 2)

140

COSTA RICA

141

COSTA RICA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: January 16, 1967

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: November 29, 1968

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: November 29, 1968

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: April 04, 1986

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: November 11, 1993

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: August 21, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Not Ratiﬁed

Costa Rica has not ratiﬁed ILO conventions 97 and 143 on migrant workers.

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: February 16, 2012

142

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: October 01, 2008

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: March 28, 1978

Ley General de Migración y Extranjería N. 8764 (Arts. 106-123)

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: March 28, 1978

Ley General de Migración y Extranjería N. 8764 (Arts. 106-123)

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: November 02, 1977

Ley General de Migración y Extranjería N. 8764 (Art. 123)

Reglamento para la Declaratoria de la Condición de Persona Apátrida N° 39620-RE-G

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: November 02, 1977

Ley General de Migración y Extranjería N. 8764 (Art. 123)

Reglamento para la Declaratoria de la Condición de Persona Apátrida N° 39620-RE-G

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: August 07, 2003

The General Migration Law stipulates that human traﬃcking is a crime.

Ley General de Migración y Extranjería N. 8764 (Art. 249)

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: September 09, 2003

Costa Rica has a law against human traﬃcking.

Ley 9095 contra la Trata de Personas y Creación de la Coalición Nacional contra el Tráﬁco Ilícito de

Migrantes y la Trata de Personas

143

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

COSTA RICA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: March 02, 1970

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: September 29, 1999

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

The General Migration Act does not include the deﬁnition from the Cartagena Declaration. However, a ruling

from the Contentious Administrative Court states that: “the Constitutional Court has incorporated the

Cartagena Declaration into domestic law as a parameter of constitutionality.”

Sentencia del Tribunal Contencioso Administrativo, Sección Cuarta (Voto Número 0103- 2014 IV)

Relativa a la Deﬁnición Ampliada de Refugiado en Costa Rica.

Convenio Centroamericano de Libre Movilidad CA-4, 20 June 2006

Not Ratiﬁed

Although Costa Rica is a member of the Central American Integration System, it is not part of the Central

America-4 Free Mobility Agreement (CA-4).

COSTA RICA - TEMPORARY RESIDENCE

144

Preferential Access to Residence

Anyone wishing to reside in the country must request authorization to do so from the General Department of

Migration and Aliens under the appropriate migration category.

Ley General de Migración y Extranjería N. 8764 (Arts. 66-71)

Permanent Regularization Mechanisms

Available

The General Law on Migration and Aliens enables special procedures to be established to enable people

whose migration status prevents them from complying with the requirements of current migration

legislation to obtain a regular migration status. Since migrants are staying in Peruvian territory irregularly,

the Migration Act establishes that migrants who are parents of a Costa Rican minor or adult with a disability

can have their administrative status regularized. Likewise, migrants whose status is irregular may have this

regularized if doing so is necessary for humanitarian reasons to address a situation of vulnerability in which

they ﬁnd themselves.

Ley General de Migración y Extranjería N. 8764 (Arts. 71, 128)

Decreto 37112-G Reglamento de Extranjería (Arts. 58, 135)

Extraordinary Mechanisms since 2000

3 extraordinary regularizations have been carried out

The General Law on Migration and Aliens establishes the possibility of creating extraordinary regularization

mechanisms (art. 71). In 2020, the special temporary complementary protection category was created to

enable foreigners who have been denied refugee status and are in a vulnerable situation to remain legally in

the country and work there. The category was created speciﬁcally for Venezuelan, Nicaraguan, and Cuban

migrants that applied for refugee status between January 2016 and March 2020. The category authorizes

such migrants to stay for two years, after which this can be renewed. The measure was valid through

December 15, 2021. In 2020, the Special Category for Temporary Workers in the Agricultural, Agro-export,

and Agribusiness Sector (CETTSA) was also created to facilitate the regularization of foreigners who entered

Costa Rican territory between January 15, 2016, and January 15, 2020, and who work or intend to work in

the agricultural, agro-export, or agribusiness sectors. In 2012, the Regulations on Aliens established a six-

month period in which those under the age of 25 who could not regularize their migration status by any

other of the categories set out in the law and who demonstrated being settled in the country for at least ﬁve

years could regularize their status.

Ley General de Migración y Extranjería N. 8764 (Art. 71)

Directiva N° DJUR-0190-12-2020-JM Categoría Especial Temporal de Protección Complementaria para

Personas Venezolanas, Nicaragüenses y Cubanas a quienes se les haya Denegado su Solicitud de

Refugio

Decreto Ejecutivo 42406-MAG-MGP Procedimiento para Acceder al Régimen de Excepciones para la

Regularización Migratoria de las Personas Trabajadoras de los Sectores Agropecuario, Agroexportador

o Agroindustrial

Decreto 37112-G Reglamento de Extranjería (Transitorio III)

145

COSTA RICA - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

The General Law on Aliens establishes that temporary residents “may only engage in remunerated or gainful

activities on their own account or in an employment relationship when authorized by the General Authority“

(art. 80). According to art. 177 of the law, “ﬁnes will be issued to those who provide work or employment to

foreigners who are not authorized to engage in such activities such that they pursue or perform activities

other than those that they are authorized to perform.”

Ley General de Migración y Extranjería N. 8764 (Arts. 80, 92-101, 177)

Right to healthcare

Permitted for Migrants with a residence permit

Art. 31 of the General Law on Migration and Aliens establishes that: 6) Foreigners will have access to the

Costa Rican social security system in accordance with the legislation in force and their migration category.

As noted by the IOM in a 2019 report, migrants whose status is irregular may receive care from the Costa

Rican Social Security Fund if they request it.

Ley General de Migración y Extranjería N. 8764 (Art. 31)

OIM (2019) Perﬁl de Gobernanza sobre Migración Costa Rica 2019 (p. 10)

Right to education

Permitted for Migrants with a residence permit

Migrants entering the country to pursue education there must have a student visa (which is considered a

special visa category). The Constitution establishes that preschool and primary education are compulsory

and free of charge. However, no clause has been identiﬁed that explicitly establishes the right of access to

education for migrants whose status is irregular.

Ley General de Migración y Extranjería N. 8764 (Arts. 31, 102-105)

Constitución Política de la República de Costa Rica (Art. 78)

Reglamento 35589-MEP de Matrícula y de Traslados de los Estudiantes (Art. 17)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Family reuniﬁcation is available to most people with a residence permit. They can apply for family

reuniﬁcation for their parents, spouse, and children. The same applies to the spouse, parents, minor children

or adult children with disabilities, and minor siblings or adult siblings with disabilities of Costa Rican

nationals. Students and refugees may also apply for the reuniﬁcation of their nuclear family.

Ley General de Migración y Extranjería N. 8764 (Arts. 68, 78)

146

Right to permanent residence

Preferences based on factors other than nationality

Temporary residents who have lawfully stayed in Costa Rica for three years may apply for permanent

residence. Foreigners who are ﬁrst-degree blood relatives (parents, minor children or adult children with

disabilities, and minor siblings or adult siblings with disabilities) of a Costa Rican citizen may also apply

directly.

Ley General de Migración y Extranjería N. 8764 (Art. 78)

Right to Vote

Not permitted for any migrants

Art. 19 of the Constitution establishes that foreigners may not intervene in the political aﬀairs of the country.

Constitución Política de la República de Costa Rica (Arts. 19, 94)

COSTA RICA - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

To be Costa Rican by birth, a child born in Costa Rica to foreign parents must be oﬃcially registered as such

by either parent while a minor, or on their own account when they are of legal age, up to the age of 25.

Constitución Política de la República de Costa Rica (Art. 13)

Ius Sanguinis (descent, born abroad)

Automatic

The child of a Costa Rican father or mother by birth who is born abroad and is registered as such in the Civil

Registry is considered Costa Rican by birth. This process can be carried out by either parent while the

person in question is still a minor, or on their own account between the ages of 18 and 25.

Constitución Política de la República de Costa Rica (Art. 13)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

According to art. 16 of the Constitution, Costa Rican citizenship cannot be given up and is irrevocable.

Constitución Política de la República de Costa Rica (Art. 16)

Decreto n.º 12-2012 y sus reformas Reglamento relativo a los Trámites, Requisitos y Criterios de

Resolución en Materia de Naturalizaciones (Art. 7)

147

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

Furthermore, the requirements for acquiring Costa Rican nationality include giving up any previous

nationalities, except in the case of nationals of countries with which Costa Rica has dual nationality treaties.

Decreto n.º 12-2012 y sus reformas Reglamento relativo a los Trámites, Requisitos y Criterios de

Resolución en Materia de Naturalizaciones (Arts. 8 (j), 45)

Ley 1155 de Opciones y Naturalizaciones (Art. 11 (6))

Naturalization

Permitted

Generally speaking, foreigners must reside in the country for seven years before they can apply for Costa

Rican nationality. There are some exceptions. Citizens of Central American countries, Spain, and Spanish-

speaking countries in South America can acquire nationality by naturalization after ﬁve years of residence.

Those who are married to Costa Ricans can obtain Costa Rican nationality after two years of residence.

Anyone wishing to acquire Costa Rican nationality must prove good conduct, have a known trade, be able to

speak, write, and read Spanish, and understand the history and values of Costa Rica.

Constitución Política de la República de Costa Rica (Arts. 14, 15)

COSTA RICA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 6 countries

Visa is required for nationals of Colombia, Nicaragua, República Dominicana, Haití, Ecuador, Jamaica - Los

nacionales de estos países requieren de una visa consular para ingresar. Los ciudadanos nicaragüenses

podrán solicitar, en los Consulados de Costa Rica en Nicaragua y Panamá, visa de tránsito de un solo ingreso

o visa doble de tránsito, siempre que su viaje sea por razones comerciales o laborales. Los nacionales de los

países con requerimientos de visa que posean visa de ingreso múltiple (visa de turismo, visa de tripulante o

visa de negocios) a Estados Unidos de América (exclusivamente visa tipo B1-B2, B1 o B2, visa tipo D, C1/D

de múltiples ingresos) y Canadá (exclusivamente visa múltiple) no requieren visa para ingresar a Costa Rica.

Los nacionales de los países con requerimiento de visa con una permanencia legal que permita múltiples

ingresos y con una vigencia mínima de seis meses en Estados Unidos de América, Canadá, Suiza, Reino

Unido, y los países de la Unión Europea no necesitan visa para ingresar a Costa Rica.

Directrices Generales de Visas de Ingreso y Permanencia para no Residentes Circular DG-004-2021-UI-

148

DOMINICAN REPUBLIC

149

DOMINICAN REPUBLIC - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: May 25, 1983

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: January 04, 1978

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: January 04, 1978

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: September 02, 1982

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: January 24, 2012

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: June 11, 1991

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Not Ratiﬁed

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

150

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: August 18, 2009

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: January 04, 1978

Decreto Presidencial no. 2330 Reglamento de la Comisión Nacional para los Refugiados

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: January 04, 1978

Decreto Presidencial no. 2330 Reglamento de la Comisión Nacional para los Refugiados

Convention relating to the Status of Stateless Persons, 28 September 1954

Not Ratiﬁed

Convention on the Reduction of Statelessness, 30 August 1961

Not Ratiﬁed

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: December 10, 2007

Ley 137-03 sobre Tráﬁco Ilícito de Migrantes y Trata de Personas (Art. 2)

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: February 05, 2008

Ley 137-03 sobre Tráﬁco Ilícito de Migrantes y Trata de Personas (Art. 3)

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Not Endorsed

The Dominican Republic did not vote in favor of the Pact at the UN General Assembly.

151

The Global Compact on Refugees, 17 December 2018

Not Endorsed

The Dominican Republic abstained from voting on the Pact at the UN General Assembly.

DOMINICAN REPUBLIC - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: January 21, 1978

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Contentious Jurisdiction Inter-American Court of Human Rights

Not Ratiﬁed

The Dominican Republic is currently in legal limbo. Through ruling 256 of 2014, the Dominican Constitutional

Court declared that the jurisdiction of the IA Court had not been recognized through the proper procedure

and that it therefore did not have jurisdiction. Conversely, on March 12, 2019, the IA Court issued an order in

which it deemed that the Constitutional Court ruling of November 4, 2014, has no legal eﬀect under

international law.

Implementation Cartagena Declaration 1984

Not Internalized

Decreto Presidencial no. 2330 Reglamento de la Comisión Nacional para los Refugiados (Art. 6)

Convenio Centroamericano de Libre Movilidad CA-4, 20 June 2006

Not Ratiﬁed

The Dominican Republic is a member of SICA but has not joined the Free Movement Convention.

152

DOMINICAN REPUBLIC - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 2 countries

Visa is required for nationals of Haití, Venezuela - La última actualización fue el 2 de diciembre de 2019 con

la inclusión de los nacionales venezolanos a partir del 16 de diciembre de 2019. El listado está disponible en

el siguiente enlace: http://www.consuladord.com/pdfs/ley_no.875_sobre_visados.pdf

Resolución 006/2019 que Establece el Requerimiento de Visa de Turismo para los Nacionales de la

República Bolivariana de Venezuela

DOMINICAN REPUBLIC - TEMPORARY RESIDENCE

Preferential Access to Residence

Ley 285 sobre Migración (Art. 44)

Decreto 631 Reglamento de Aplicación de la Ley General de Migración (Art. 48)

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

2 extraordinary regularizations have been carried out

There have been two: 1. The National Regularization Plan for Foreigners (PNRE), which allowed those whose

status was irregular to regularize this for 18 months 2. A program for Venezuelan citizens who entered the

country from January 2014 through March 2020.

Decreto 327 que instituye el Plan Nacional de Regularización de Extranjeros en Situación Migratoria

Irregular en la República Dominicana

Resolución que Normaliza dentro de la Categoría de no Residente la Situación Migratoria Irregular de

los Nacionales Venezolanos en Territorio Dominicano

DOMINICAN REPUBLIC - RIGHTS DURING RESIDENCE

153

Right to work

Permitted for some permit categories

Some categories of residents are not allowed to work. As a general rule, foreigners admitted as permanent

residents may perform any kind of work or paid activity, with the exception of those who fall into the

category of retirees, pensioners, or annuitants, who require prior authorization to do so. Those with a

temporary residence permit may perform remunerated activities while their permit is valid.

Ley 285 sobre Migración (Arts. 26, 98-101)

Right to healthcare

Permitted for Migrants with a residence permit

This is not explicitly covered in the Migration Act. Art. 25 of the Constitution states that foreigners have the

same rights and obligations as nationals. Art. 61 establishes that all people have the right to comprehensive

healthcare. However, art. 3 of the General Health Act limits this right to Dominican nationals and foreigners

with a residence permit. For all other foreigners, access will depend on international conventions, bilateral

agreements, and other legal provisions.

Constitución de la República Dominicana (Art. 25)

Ley General de Salud no. 42/01 (Art. 3)

Right to education

Permitted for Migrants with a residence permit

This is not explicitly covered in the Migration Act. Art. 25 of the Constitution states that foreigners have the

same rights and obligations as nationals. Art. 63 of the Constitution states that all people have the right to a

full education.

Constitución de la República Dominicana (Arts 25, 63)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Dominican nationals or permanent resident aliens may apply to be reunited with their spouse, minor

unmarried children, or disabled adult children. Temporary residents may also apply for temporary residence

for their spouse and minor children.

Ley 285 sobre Migración (Art. 33.3)

Decreto 631 Reglamento de Aplicación de la Ley General de Migración (Arts. 3, 48)

154

Right to permanent residence

Preferences based on factors other than nationality

Foreigners who contribute their own assets to carry out activities of interest that beneﬁt the country are

considered investors. Likewise, retirees, pensioners, or annuitants are foreigners who can prove that they

receive a regular, ongoing income from outside the country that allows them to live in it. Both of these

groups can obtain permanent residence directly. Other foreigners must ﬁrst spend ﬁve years in the country

as temporary residents and meet other requirements.

Ley 285 sobre Migración (Art. 33)

Decreto 631 Reglamento de Aplicación de la Ley General de Migración (Arts. 50, 57, 62)

Right to Vote

Not permitted for any migrants

Foreigners are categorically prohibited from taking part in political activities in Dominican territory.

Decreto 631 Reglamento de Aplicación de la Ley General de Migración (Art. 33)

Constitución de la República Dominicana (Art. 25(1))

DOMINICAN REPUBLIC - NATIONALITY

Ius soli (birth in the territory of the country)

Not Automatic

The person must be born in Dominican territory and must not be the child of foreigners who are members of

diplomatic and consular missions, foreigners who are in transit, or foreigners who are residing in Dominican

territory illegally.

Constitución de la República Dominicana (Art. 18(3))

Ius Sanguinis (descent, born abroad)

Automatic

Those born abroad to a Dominican father or mother, even if they have acquired a nationality that is diﬀerent

from that of their parents via jus soli. Once they reach the age of 18, they may express their desire to hold

dual nationality or give up one of their nationalities before the competent authority.

Constitución de la República Dominicana (Art. 18(4))

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Dominican nationals are entitled to acquire foreign nationality. The acquisition of another nationality does

not imply the loss of Dominican nationality.

Constitución de la República Dominicana (Art. 20)

155

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who wish to become naturalized Dominican nationals are not required to give up their previous

nationality.

Ley 1683 sobre Naturalización (Art. 1)

Naturalization

Permitted

Applicants are required to have resided in the country for two continuous years and to have already

acquired permanent residence (which usually occurs after ﬁve years of temporary residence). Other

requirements must also be met. The granting of nationality is discretionary. There is another procedure for

nationals who were once Dominicans and were deprived of their nationality through ruling 0168/2013, most

of whom were of Haitian origin, which led to many becoming stateless. As a result, Law No. 169-14 was

adopted. The law establishes two regimes: a) a special regime for the beneﬁt of children of nonresidents

born in Dominican territory to nonresident parents from June 16, 1929, to April 18, 2007, registered at the

Dominican Civil Registry using identity documents that were not recognized by the regulations in force for

these purposes at the time of registration and b) the registration of children born in the Dominican Republic

to foreign parents whose migration status was irregular and who were not registered at the Civil Registry.

Those who fall under the ﬁrst regime may be certiﬁed as Dominican nationals after complying with a speciﬁc

process. Those who fall under the second regime may regularize their migratory status and then may

acquire Dominican nationality through naturalization two years later.

Ley 1683 sobre Naturalización (Arts. 1, 7)

Ley No. 169-14 que establece un Régimen Especial para Personas Nacidas en el Territorio Nacional

Inscritas Irregularmente en el Registro Civil Dominicano y sobre Naturalización (Arts. 1, 2, 6-8)

Decreto 631 Reglamento de Aplicación de la Ley General de Migración (Art. 52)

156

ECUADOR

157

ECUADOR - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: September 22, 1966

22-Sep-66

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: March 06, 1969

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: March 06, 1969

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: November 09, 1981

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: March 30, 1988

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: March 23, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: February 05, 2002

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: October 20, 2009

158

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: April 03, 2008

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: August 17, 1955

Ecuador does not have a speciﬁc refugee law, but the matter is covered by the Organic Law on Human

Mobility and its Regulations.

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Art. 98)

Decreto Ejecutivo 111 Reglamento a la Ley Orgánica de Movilidad Humana (Arts. 75-90)

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: March 06, 1969

Ecuador does not have a speciﬁc refugee law, but the matter is covered by the Organic Law on Human

Mobility and its Regulations.

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Art. 98)

Decreto Ejecutivo 111 Reglamento a la Ley Orgánica de Movilidad Humana (Arts. 75-90)

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: October 02, 1970

Ecuador does not have a speciﬁc law on statelessness, but the matter is covered by the Organic Law on

Human Mobility and its Regulations.

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Arts.

110-116)

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: September 24, 2012

Ecuador does not have a speciﬁc law on statelessness, but the matter is covered by the Organic Law on

Human Mobility and its Regulations.

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Arts.

110-116)

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: September 17, 2002

Ecuador does not have a speciﬁc law on human traﬃcking, but the matter is covered by the Organic Law on

Human Mobility and its Regulations.

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Arts.

117-122)

159

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: September 17, 2002

Ecuador does not have a speciﬁc law on human traﬃcking, but the matter is covered by the Organic Law on

Human Mobility and its Regulations.

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Arts.

117-122)

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

160

ECUADOR - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: December 08, 1977

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: February 10, 1993

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Art. 98)

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Ratiﬁed

Acuerdo Ministerial del Ministerio de Relaciones Exteriores y Movilidad Humana Nro. 000031

Andean Migration Statute, 2021

Ratiﬁed: August 11, 2021

The Andean Migration Statute applies to the Member States of the Andean Community of Nations (Bolivia,

Colombia, Ecuador, and Peru). Art. 31 establishes that the Andean Migration Statute “is applicable

immediately after entering into force and is not subject to regulations.” Art. 35 states that “it shall enter into

eﬀect within ninety (90) calendar days, counted from the day following its publication in the Oﬃcial Gazette

of the Cartagena Declaration.” This was published on May 12, 2021, such that the statute entered into force

on August 11, 2021.

Decisión 878 Estatuto Migratorio Andino

161

ECUADOR - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 2 countries

Visa is required for nationals of Haití, Venezuela - Última actualización 25 de marzo de 2020.

ECUADOR - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

According to art. 51 of the Organic Law on Human Mobility: “Foreigners residing in Ecuador, including those

subject to international protection, have the right to work.”

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Art. 51)

Right to healthcare

Permitted for all migrants even those without a permit

According to art. 52 of the Organic Law on Human Mobility: “Foreigners residing in Ecuador have the right to

access health systems in accordance with the law and international instruments ratiﬁed by the Ecuadorian

State. Public or private institutions providing health services may not refuse to provide emergency care

based on a person’s nationality or migration status under any circumstances.”

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Art. 52)

Right to education

Permitted for all migrants even those without a permit

Ecuadorian legislation establishes access to education as a right, including for vulnerable people such as

people in movement.

Acuerdo Nro. MINEDUC-MINEDUC-2020-00025-A Normativa para Regular y Garantizar el Acceso,

Permanencia, Promoción y Culminación del Proceso Educativo en el Sistema Nacional de Educación a

Población que se encuentra en Situación de Vulnerabilidad (Art. 2)

162

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Art. 1 of the Organic Law on Human Mobility establishes that every person has the right to family unity.

Foreigners who are related to an Ecuadorian or a foreign citizen who is a permanent resident in Ecuador by

the second degree of consanguinity or aﬃnity may obtain a permanent residence visa.

Decreto Ejecutivo 111 Reglamento a la Ley Orgánica de Movilidad Humana (Arts. 21, 50)

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Art. 1)

Right to permanent residence

Preferences for regional migrants and based on other factors

Venezuelan nationals may obtain permanent residence through the Ecuador–Venezuela Migration Statute.

Nationals of Argentina, Bolivia, Brazil, Chile, Colombia, Paraguay, Peru, and Uruguay have the right to

permanent residence in Ecuador after residing there for two years, as per the terms of the MERCOSUR

Residence Agreement. Both Venezuelan and MERCOSUR nationals must also have suﬃcient means to

support themselves. Nationals of Bolivia, Colombia, and Peru can also obtain permanent Andean residence

status through art. 22 of the Andean Migration Statute. Nationals of all other countries must reside in

Ecuador for 21 continuous months and meet other requirements. There are also categories enabling certain

family members to access permanent residence.

Estatuto Migratorio entre la República del Ecuador y la República Bolivariana de Venezuela (Art. 8)

Acuerdo Ministerial del Ministerio de Relaciones Exteriores y Movilidad Humana Nro. 000031 (Art. 6)

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Arts. 63-64)

Decreto Ejecutivo 111 Reglamento a la Ley Orgánica de Movilidad Humana (Art. 59)

Decisión 878 Estatuto Migratorio Andino (Art. 22)

Right to Vote

Permitted in all elections (local and national)

Those who have been legally resident in Ecuador for ﬁve years have the right to vote in both local and

national elections.

Constitución de la República del Ecuador (Art. 63)

163

ECUADOR - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Jus soli is absolute.

Constitución de la República del Ecuador (Art. 7)

Ius Sanguinis (descent, born abroad)

Automatic

Jus sanguinis applies to those born abroad to a father or mother born in Ecuador up to the third degree of

consanguinity. Those born to a father or mother who has acquired Ecuadorian nationality through

naturalization must be registered by the Ecuadorian parent at the Civil Registry and Identity Department or

diplomatic missions or consular oﬃces and will be considered naturalized Ecuadorian citizens.

Constitución de la República del Ecuador (Arts. 7-8)

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Art. 75)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Ecuadorians that obtain another nationality need not give up their Ecuadorian nationality.

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Art. 80)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who acquire Ecuadorian nationality through naturalization are not required to give up their previous

nationality.

Constitución de la República del Ecuador (Art. 8)

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Art. 72)

Naturalization

Permitted

Applicants are required to reside in the country for three years and to meet other requirements such as

speaking Spanish, knowing the country’s history, and holding a permanent residence visa. The granting of

this is discretionary. Stateless people or those who have married an Ecuadorian or are in a common-law

relationship with one must reside in the country for two years.

Ley Orgánica de Movilidad Humana enmendada por Ley Orgánica Reformatoria de 2021 (Arts. 70-82)

164

ECUADOR - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

Nationals of Argentina, Bolivia, Brazil, Chile, Colombia, Paraguay, Peru, and Uruguay are entitled to reside in

Ecuador as a result of the MERCOSUR Residence Agreement. In the case of nationals of Bolivia, Colombia,

and Peru, the Andean Community Migratory Statute also applies. Venezuelan nationals may obtain

residence permits under the bilateral agreement between the two countries.

Estatuto Migratorio entre la República del Ecuador y la República Bolivariana de Venezuela (Art. 4)

Acuerdo Ministerial del Ministerio de Relaciones Exteriores y Movilidad Humana Nro. 000031

Decreto Ejecutivo 111 Reglamento a la Ley Orgánica de Movilidad Humana (Art. 42)

Decisión 878 Estatuto Migratorio Andino

Permanent Regularization Mechanisms

Available

Foreigners whose migration status has become irregular as a result of the termination or cancellation

procedures contemplated in the Organic Law on Human Mobility may initiate a regularization procedure by

requesting a new migration status that allows them to regularize their stay in Ecuadorian territory. They

must do so within a nonextendable period of thirty (30) days after the corresponding administrative

procedure has taken place.

Decreto Ejecutivo 111 Reglamento a la Ley Orgánica de Movilidad Humana (Art. 15)

Extraordinary Mechanisms since 2000

4 extraordinary regularizations have been carried out

Several extraordinary regularization processes have taken place, including programs for: 1. Haitian nationals

who entered the country up to January 31, 2010 2. Venezuelan nationals in 2010—this process was included

in the Migratory Statute signed by the two countries and that lasted 180 days from the adoption of the

instructions in question in Ecuador in 2011 by means of Instruction 000045 3. Peruvian nationals 4.

Venezuelan nationals in 2019, which was extended by Executive Decree 1020 in 2020.

Decreto Ejecutivo 248 Regularización Haitianos

Estatuto Migratorio entre la República del Ecuador y la República Bolivariana de Venezuela (Art. 16)

Acuerdo 000045: Expídese el Instructivo para la Aplicación del Proceso de Regularización de los

Ciudadanos y Ciudadanas de Nacionalidad Venezolana de conformidad con el Estatuto Migratorio

entre la República del Ecuador y la República Bolivariana de Venezuela

Estatuto Migratorio Permanente Ecuatoriano-Peruano (Art. 14)

Decreto 826 Otórguese una Amnistía Migratoria para todas las Ciudadanas y Ciudadanos Venezolanos

Decreto Ejecutivo 1020

165

EL SALVADOR

166

EL SALVADOR - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: November 30, 1979

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: November 30, 1979

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: November 30, 1979

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: August 19, 1981

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: June 17, 1996

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: July 10, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: March 14, 2003

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

167

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: December 14, 2007

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: April 28, 1983

Decreto 918 Ley para la Determinación de la Condición de Personas Refugiadas

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: April 28, 1983

Decreto 918 Ley para la Determinación de la Condición de Personas Refugiadas

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: February 09, 2015

El Salvador does not have a law on statelessness, but the matter is covered in its Special Law on Migration

and Aliens.

Decreto 286 Ley Especial de Migración y Extranjería (Arts. 127-132)

Convention on the Reduction of Statelessness, 30 August 1961

Not Ratiﬁed

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: March 18, 2004

There is no speciﬁc law against migrant smuggling but this is prohibited in the Special Law on Migration and

Aliens.

Decreto 286 Ley Especial de Migración y Extranjería (Art. 229(1))

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: March 18, 2004

Decreto 824 Ley Especial contra la Trata de Personas

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

168

The Global Compact on Refugees, 17 December 2018

Endorsed

EL SALVADOR - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: June 20, 1978

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: May 04, 1995

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

Decreto 918 Ley para la Determinación de la Condición de Personas Refugiadas (Art. 4(c))

Convenio Centroamericano de Libre Movilidad CA-4, 20 June 2006

Ratiﬁed

Decreto 286 Ley Especial de Migración y Extranjería (Art. 25)

EL SALVADOR - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 6 countries

Visa is required for nationals of Bolivia, Haití, Jamaica, Perú, Venezuela - Publicado el 28-10-20

169

EL SALVADOR - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

Foreigners wishing to reside in El Salvador must apply for a residence permit. Central Americans by birth

enjoy special treatment because they can obtain a multiple-entry temporary residence permit that includes

the right to perform any lawful activity for a period of up to two years, which can be extended.

Decreto 286 Ley Especial de Migración y Extranjería (Arts. 108, 109, 111, 122)

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

1 extraordinary regularization has been carried out

Foreigners who have been residing in the country irregularly for at least ten years before the entry into force

of the Special Law on Migration and Aliens and who can demonstrate that they have settled permanently

there may apply to the General Migration Authority to be regularized as permanent residents once the

immigration ﬁne and the respective fees have been paid.

Decreto 286 Ley Especial de Migración y Extranjería (Art. 339)

Decreto No. 35 Reglamento de la Ley Especial de Migración y de Extranjería (Art. 190)

EL SALVADOR - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

The Ministry of Labor must issue a legal opinion authorizing the work permit, and a letter of commitment

from the employer is required. However, the law establishes that Central Americans by birth shall be

granted work and residence permits without such an opinion or a letter of commitment from an employer

being required (arts. 111 and 122).

Decreto 286 Ley Especial de Migración y Extranjería (Arts. 110-111, 122, 144-45, 228(1))

170

Right to healthcare

Permitted for all migrants even those without a permit

The Constitution establishes that the health of the inhabitants of El Salvador is a public good. The Law on

Migration and Aliens establishes that foreigners shall enjoy the same rights and guarantees as nationals

from the moment they enter Salvadoran territory, except for the exceptions established in the Constitution

and secondary laws. Recital IV of the Law on Migration and Aliens establishes that it is the State’s obligation

to issue a legal ruling that ensures that the human rights of migrants and their families are protected,

promoted, and respected and that they are guaranteed fair, digniﬁed treatment regardless of their migration

status.

Constitución de la República de El Salvador (Art. 65)

Decreto 286 Ley Especial de Migración y Extranjería (Art. 18 y considerando IV)

Right to education

Permitted for Migrants with a residence permit

The Constitution establishes that all people have the inalienable right to education. The Law on Migration

and Aliens establishes that foreigners shall enjoy the same rights and guarantees as nationals from the

moment they enter Salvadoran territory, except for the exceptions established in the Constitution and

secondary laws. However, no explicit mention is made of this right for people whose status is irregular.

Constitución de la República de El Salvador (Art. 53)

Decreto 286 Ley Especial de Migración y Extranjería (Art.18)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Foreigners may apply for temporary residence permits to accompany a family member within the fourth

degree of consanguinity and the second degree of aﬃnity, their spouse or partner, if they are applying for

resident status in the country or have already obtained this.

Decreto No. 35 Reglamento de la Ley Especial de Migración y de Extranjería (Art. 179)

Right to permanent residence

Preferences for regional migrants and based on other factors

Central Americans by birth who enter the country via regular means may obtain permanent residence status

directly without having previously acquired a temporary residence permit. Other foreigners must have

resided in the country for an indeﬁnite amount of time that depends on their migration status.

Decreto 286 Ley Especial de Migración y Extranjería (Art. 152)

Right to Vote

Not permitted for any migrants

Only citizens have political rights.

Constitución de la República de El Salvador (Arts. 71-72)

171

EL SALVADOR - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

People born in Salvadoran territory are Salvadorans.

Constitución de la República de El Salvador (Art. 90(1))

Ius Sanguinis (descent, born abroad)

Automatic

Children born abroad to a Salvadoran father or mother are Salvadoran.

Constitución de la República de El Salvador (Art. 90(2))

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Salvadorans by birth have the right to enjoy double or multiple nationality.

Constitución de la República de El Salvador (Art. 91)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those that seek Salvadoran nationality need not give up their original nationality.

Decreto 286 Ley Especial de Migración y Extranjería (Arts. 158-159)

Constitución de la República de El Salvador (Arts. 92-93)

Naturalization

Permitted

Nationals of the other countries that once made up the Federal Republic of Central America who have

established residence in El Salvador and who manifest their desire to acquire Salvadoran nationality before

the competent authorities can obtain this by birth, without being required to give up their nationality of

origin. The following can acquire Salvadoran nationality through naturalization: 1. Nationals by birth of Spain

and Spanish-speaking countries in the Americas who have resided in the country for a year 2. Other

foreigners who have resided in the country for ﬁve years 3. Those granted it in recognition for notable

services rendered to the Republic 4. Those who are married to Salvadorans after two years of residence.

Constitución de la República de El Salvador (Arts. 90, 92)

Decreto 286 Ley Especial de Migración y Extranjería (Arts. 155-156)

172

GUATEMALA

173

GUATEMALA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: January 18, 1983

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: May 05, 1992

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: May 19, 1988

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: August 12, 1982

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: January 05, 1990

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: June 06, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: March 14, 2003

Guatemala also ratiﬁed ILO Convention C097—Migration for Employment Convention (Revised), 1949 (No.

97), on February 13, 1952.

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

174

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: April 07, 2009

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: September 22, 1983

Acuerdo de Autoridad Migratoria Nacional No. 2-2019 Reglamento del Procedimiento para la

Protección, Determinación y Reconocimiento del Estatuto de Refugiado en el Estado de Guatemala

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: September 22, 1983

Acuerdo de Autoridad Migratoria Nacional No. 2-2019 Reglamento del Procedimiento para la

Protección, Determinación y Reconocimiento del Estatuto de Refugiado en el Estado de Guatemala

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: November 28, 2000

Guatemala does not have a law on statelessness.

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: July 19, 2001

Guatemala does not have a law on statelessness.

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: April 01, 2004

Guatemala does not have a speciﬁc law on human traﬃcking.

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: April 01, 2004

Ley Contra la Violencia Sexual, Explotación y Trata de Personas, Decreto Número 9-2009.

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

175

The Global Compact on Refugees, 17 December 2018

Endorsed

GUATEMALA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: April 27, 1978

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: May 30, 2000

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

Acuerdo de Autoridad Migratoria Nacional No. 2-2019 Reglamento del Procedimiento para la

Protección, Determinación y Reconocimiento del Estatuto de Refugiado en el Estado de Guatemala

(Art. 4 (b))

Convenio Centroamericano de Libre Movilidad CA-4, 20 June 2006

Ratiﬁed

Decreto 44-2016 Código de Migración (Art. 67)

GUATEMALA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 7 countries

Visa is required for nationals of Bolivia, Ecuador, Guyana, Haití, Jamaica, Venezuela - Los nacionales de

Bolivia, Ecuador, Guyana y Jamaica que tengan visa Americana, Canadiense o de Schengen vigente, no

tienen que tramitar visa guatemalteca. Última actualización 17 de septiembre de 2021.

176

GUATEMALA - TEMPORARY RESIDENCE

Preferential Access to Residence

People wishing to obtain a residence permit in Guatemala must apply for it at the corresponding consulate

or the Guatemalan Institute of Migration.

Decreto 44-2016 Código de Migración (Arts. 75-76)

Permanent Regularization Mechanisms

Available

Foreigners who have entered Guatemalan territory peacefully and in good faith but without undergoing the

mandatory immigration control and who wish to remain in the country by opting for ordinary immigration

status as deﬁned in the Migration Code may apply to regularize their migration status. To apply to regularize

their status, foreigners must prove that they are relatives within the degrees of consanguinity and aﬃnity

established by the law of a Guatemalan national or a foreigner with a permanent or temporary residence

permit, except in the case of nationals of Central American countries, who do not need to prove this.

Acuerdo de Autoridad Migratoria Nacional No. 7-2019 Reglamento General del Código de Migración

(Arts. 38-42)

Extraordinary Mechanisms since 2000

1 extraordinary regularization has been carried out

According to art. 234 of the Migration Code, foreign nationals whose status is irregular are granted a 180-

day period in which to apply for their migration status to be regularized, beginning 180 days after the

Migration Code enters into force. The State has the right to establish regularization plans. These are plans

through which the Guatemalan State allows a foreigner residing in the country whose migration status is

irregular to regularize this, as set out in the Migration Code and its regulations. No such plan has been

carried out so far.

Decreto 44-2016 Código de Migración (Arts. 106-111, 234)

GUATEMALA - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Those wishing to work in the country must receive a worker’s residence permit from the Guatemalan

Institute of Migration. Generally speaking, all foreigners have the right to work as per the Migration Code.

Decreto 44-2016 Código de Migración (Arts. 6, 75)

177

Right to healthcare

Permitted for Migrants with a residence permit

The Migration Code states that: “Migrant women have the right to access public sexual and reproductive

health services on equal footing with Guatemalans, regardless of whether they bear identity documents

enabling them to be in the country.”

Decreto 44-2016 Código de Migración (Art. 13)

Right to education

Permitted for Migrants with a residence permit

The Migration Code states that: “All foreigners have the right to education within the national education

system.” According to art. 74 of the Constitution: “Inhabitants have the right and obligation to receive

preschool, preprimary, and primary education, within the age limits established by law.” However, the Code

does not explicitly establish this right for people whose status is irregular.

Decreto 44-2016 Código de Migración (Art. 7)

Constitución Política de la República de Guatemala (Art. 74)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

The Migration Code states that: “blood relatives within the degrees of kinship established by law and who

depend on the migrant worker may settle in the country for the duration of the migrant worker’s labor

activities. So may the legal or common-law spouse of the migrant worker.”

Decreto 44-2016 Código de Migración (Arts. 27, 60)

Right to permanent residence

Preferences for regional migrants and based on other factors

Permanent residents are people who wish to take up legal residence in the country and also comply with the

other legal requirements, which will be detailed in the corresponding regulations which will fall within the

following criteria: a) have been a temporary resident for a period of ﬁve or more years. b) have been

married to a Guatemalan national or have declared being in a common-law marriage with one for one or

more years. c) non-Guatemalan relatives, within the degrees of consanguinity and aﬃnity established by

law, of a Guatemalan national. d) those born in other Central American countries when they have been

temporary residents for one year. e) annuitants or pensioners, who are individuals that have been

authorized to reside in the country and who have a permanent lawful income from abroad.

Decreto 44-2016 Código de Migración (Art. 78)

Right to Vote

Not permitted for any migrants

Only citizens have political rights.

Constitución Política de la República de Guatemala (Art. 136)

178

GUATEMALA - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Those born in the national territory except the children of diplomatic oﬃcials.

Constitución Política de la República de Guatemala (Art. 144)

Ius Sanguinis (descent, born abroad)

Automatic

Those born abroad to a Guatemalan mother or father.

Constitución Política de la República de Guatemala (Art. 144)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Guatemalan nationality is inalienable when acquired by birth, even when the person has opted to acquire

foreign nationality. The only exceptions to this are cases in which giving up their Guatemalan nationality is

mandatory to be able to acquire the new nationality. Guatemalans by birth who have acquired foreign

nationality and have lost their Guatemalan nationality as a result of this mandatory renunciation process

may re-establish residence in Guatemala and recover their Guatemalan nationality.

Constitución Política de la República de Guatemala (Art. 144 )

Decreto 1613 Ley de Nacionalidad (Art. 3)

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

Those who become naturalized Guatemalan nationals must renounce their previous nationality except in the

case of nationals by birth of the countries that made up the Federal Republic of Central America and Belize.

Constitución Política de la República de Guatemala (Art. 145 y Art. 19 de las disposiciones transitorias)

Decreto 1613 Ley de Nacionalidad (Arts. 11, 37)

179

Naturalization

Permitted

Nationals by birth of the countries that made up the Federal Republic of Central America and Belize will be

considered Guatemalans by birth if they establish residence in Guatemala and manifest their desire to

become Guatemalans before the competent authority. This group will be able to keep their previous

nationality. All other people must renounce their nationality of origin and reside in Guatemala for ﬁve

consecutive years or for nonconsecutive periods that total ten years. Other requirements must also be met,

such as good conduct, a Spanish and civics exam, and swearing an oath.

Constitución Política de la República de Guatemala (Art. 145 y Art. 19 de las disposciones transitorias)

Decreto 1613 Ley de Nacionalidad (Arts. 33-34, 37)

180

GUYANA

181

GUYANA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: February 15, 1977

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: February 15, 1977

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: February 15, 1977

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: July 17, 1980

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: May 19, 1988

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: January 14, 1991

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: July 07, 2010

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

182

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: September 10, 2014

Geneva Convention relating to the Status of Refugees, 28 July 1951

Not Ratiﬁed

Protocol relating to the Status of Refugees, 31 January 1967

Not Ratiﬁed

Convention relating to the Status of Stateless Persons, 28 September 1954

Not Ratiﬁed

Convention on the Reduction of Statelessness, 30 August 1961

Not Ratiﬁed

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: April 16, 2008

There is no speciﬁc law on human traﬃcking in Guyana. The matter is regulated in the Immigration Act.

Immigration Act (Sec. 34(h))

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: September 14, 2004

Combating of Traﬃcking in Persons Act 2004

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

183

GUYANA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Not Ratiﬁed

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Contentious Jurisdiction Inter-American Court of Human Rights

Not Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Not Ratiﬁed

Guyana is an associate member of MERCOSUR but has not joined the Residence Agreement.

CARICOM Revised Chaguaramas Treaty Free Movement of Skilled Workers, 1 January 2006

Ratiﬁed

All ten categories of CARICOM workers are in place under Guyana’s law. Guyana has not ratiﬁed the

MERCOSUR Residence Agreement.

Caribbean Community (Free entry of skilled nationals) Act (Section 8 and schedule 1)

184

GUYANA - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

Nationals of CARICOM Member States, except those from Haiti but including those from the Bahamas, who

fall under certain categories of skilled workers have the right to obtain residence in Guyana. The rest need

to apply for and obtain a residence permit.

Caribbean Community (Free entry of skilled nationals) Act (Section 3 and schedule 1)

Immigration Act (Sec. 12)

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

No extraordinary regularizations have been carried out

GUYANA - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

All nationals of CARICOM Member States, except for those from Haiti but including those from the Bahamas,

who fall under one of the 10 categories of skilled workers have the right to work in Guyana. The rest of

nationals of CARICOM Member States, as well as non-CARICOM nationals, can only work in Guyana if they

already have employment awaiting them.

Caribbean Community (Free entry of skilled nationals) Act (Section 10 and schedule 1)

Immigration Regulations (Sec. 4)

Right to healthcare

Not Permitted

The Immigration Act remains silent on access to healthcare. According to an IOM report from 2021, all

migrants have access to healthcare, regardless of whether they have a residence permit or not,.

International Organization for Migration (IOM), 2021. Guyana Needs Assessment on Migration

Governance. IOM. San José, Costa Rica. (p. 22)

185

Right to education

Not Permitted

The Immigration Act remains silent on access to education. The Constitution only guarantees the right of

education to citizens in art. 27. According to an IOM report from 2021, access to education is universal.

International Organization for Migration (IOM), 2021. Guyana Needs Assessment on Migration

Governance. IOM. San José, Costa Rica. (p. 32)

Constitution of the Co-operative Republic of Guyana Act 1980 (Art. 27)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Nationals of CARICOM Member States, except those from Haiti but including those from the Bahamas, falling

under the 10 categories of skilled workers, can be reunited with their spouse, unmarried childre under the

age of 18, or under the age of 25 if attending university or school full time, or over the age of 18 if wholly

dependent on that person due to disability, including stepchildren and adopted children. They can also be

reunited with a parent who is wholly dependent on that person for his subsistence and also by any other

natural person certiﬁed as such by order of court. Non-CARICOM nationals can be reunited with their spouse,

children, stepchildren, or adopted childen under 16, and any other relative who is wholly dependent on them

for their subsistence.

Caribbean Community (Free entry of skilled nationals) Act (Secs. 2, 10)

Immigration Act (Sec. 2)

Right to permanent residence

Preferential access for regional migrants

Nationals of CARICOM Member States, except for those from Haiti but including those from the Bahamas,

who fall under one of the 10 categories of skilled workers have the right to remain in Guyana for a period of

indeﬁnite duration. There are no provisions on indeﬁnite residence for non-CARICOM nationals except for

those who are the spouse or dependent member of a CARICOM national.

Caribbean Community (Free entry of skilled nationals) Act (Section 3 and schedule 1)

Immigration Act (Sec. 7(A))

Right to Vote

Permitted in all elections (local and national)

A Commonwealth citizen who is not a citizen of Guyana and who is domiciled and resident in Guyana and

has been so resident for one year immediately preceding the qualifying date can be registered as an elector.

Constitution of the Co-operative Republic of Guyana Act 1980 (Art. 159)

186

GUYANA - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Jus soli is automatic unless the person is born to a foreign diplomat and neither parent is a citizen, or one of

the parents is an enemy alien and the child is born in a place then under occupation by the enemy.

Constitution of the Co-operative Republic of Guyana Act 1980 (Art. 43)

Ius Sanguinis (descent, born abroad)

Automatic

Those born abroad to a Guyanese mother or father automatically acquire Guyanese nationality provided the

parent did not acquire their nationality by descent.

Constitution of the Co-operative Republic of Guyana Act 1980 (Art. 44)

Dual Citizenship Permitted for nationals naturalizing abroad

Not Permitted

Dual citizenship is only permitted if a Guyanese national obtains a second citizenship through marriage.

Constitution of the Co-operative Republic of Guyana Act 1980 (Art. 46)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Foreigners who acquire Guyanese nationality are not required to give up their previous nationality.

Guyana Citizenship Act (Second schedule)

Naturalization

Permitted

Person has been resident in Guyana for 12 months immediately prior to the application, and ﬁve out of

seven years prior to the 12-month period. Other conditions: good character, intent to reside in the country,

oath of allegiance. Less stringent conditions apply to British protected persons. The minister might waive

certain requirements. Naturalization is discretionary.

Guyana Citizenship Act (Sec. 9 and second schedule)

187

GUYANA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 8 countries

Visa is required for nationals of Haití, El Salvador, Nicaragua, Venezuela, Guatemala, Honduras, México,

Paraguay - Las personas bolivianas pueden obtener un visado de turista a su llegada. Los ciudadanos de

Guatemala, Honduras y México están exentos, si son titulares de una tarjeta de residencia permanente en

Estados Unidos o de un visado de Estados Unidos, Canadá o el espacio de Schengen. Última actualización:

22 de junio de 2021 Haití fue incluido de nuevo en el listado de países cuyos ciudadanos necesitan visado

para entrar en Guyana. Haití había sido eximido de ese requisito en 2019.

Immigration (Revocation) Order 2021

188

HAITI

189

HAITI - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: December 19, 1972

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: February 06, 1991

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: October 08, 2013

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: July 20, 1981

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Not Ratiﬁed

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: June 08, 1995

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Not Ratiﬁed

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

190

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: July 23, 2009

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: September 25, 1984

Haiti does not have a refugee law.

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: September 25, 1984

Haiti does not have a refugee law.

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: September 27, 2018

Haiti does not have a law on statelessness.

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: September 27, 2018

Haiti does not have a law on statelessness.

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: April 19, 2011

Haiti does not have a speciﬁc law against migrant smuggling. The matter is regulated in the Immigration

Act.

Loi sur l’Immigration et l’Émigration (Art. 51)

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: April 19, 2011

Loi sur la Lutte contre la Traite des Personnes

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

191

The Global Compact on Refugees, 17 December 2018

Endorsed

HAITI - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: September 14, 1977

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

CARICOM Revised Chaguaramas Treaty Free Movement of Skilled Workers, 1 January 2006

Not Ratiﬁed

Haiti has not implemented the free movement regime although it has signed the revised Treaty of

Chaguaramas.

IOM (2019), Free Movement of Persons in the Caribbean: Economic and Security Dimensions

HAITI - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 3 countries

Visa is required for nationals of República Dominicana, Panamá, Colombia

192

HAITI - TEMPORARY RESIDENCE

Preferential Access to Residence

Despite having ratiﬁed the revised Treaty of Chaguaramas, Haiti has not put in place any legislation to

facilitate the entry and residence of nationals of CARICOM Member States who fall under certain categories

of skilled workers.

Loi sur l’Immigration et l’Émigration (Arts. 4, 8)

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

No extraordinary regularizations have been carried out

HAITI - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

No foreigner can work in Haiti without ﬁrst obtaining a work permit from the Labor Force Department

(Direction de la main-d’œuvre). There are some exceptions like those who are married to a Haitian national

and have resided in the country for three years, or those who have been in the country for 10 years.

Code du Travail (Arts. 306-315)

Right to healthcare

Not Permitted

There are no provisions in the law regarding access to healthcare. Art. 23 of the Constitution establishes the

State’s obligation to provide “for all citizens in all territorial divisions appropriate means to ensure

protection, maintenance, and restoration of their health by establishing hospitals, health centers, and

dispensaries.”

La Constitution de la République d´Haïti (Art. 23)

193

Right to education

Not Permitted

There are no provisions in the law. Art. 22 of the Constitution recognizes the right of every citizen to decent

education, whereas art. 32 establishes that the State guarantees the right to education.

La Constitution de la République d´Haïti (Art. 22, 32)

Right to family reuniﬁcation

Not permitted

There is no mention of family reuniﬁcation in the laws. The decree on privileged residence mentions the

possibility of family members also being included among those who obtain such permits but does not deﬁne

who is part of the family group.

Decret relatif à la Résidence Privilégiée (Art. 3)

Right to permanent residence

Preferences based on factors other than nationality

Certain nonnationals can apply for what is called privileged residence. In order to obtain it, the person needs

to prove they have suﬃcient means. The residence permit does not include the right to work.

Decret relatif à la Résidence Privilégiée (Art. 3)

Right to Vote

Not permitted for any migrants

Only Haitian nationals have the right to vote.

Loi Électorale (Art. 22)

194

HAITI - NATIONALITY

Ius soli (birth in the territory of the country)

Not Automatic

Person is born in Haiti to a father who is an alien and “of the African race,” or, if the child is not recognized

by the father, to a mother who is an alien and “of the African race.”

Décret du 6 Novembre 1984 sur la Nationalité Haïtienne (Art. 2)

La Constitution de la République d´Haïti (Art. 11)

Ius Sanguinis (descent, born abroad)

Automatic

Any person born to both a Haitian father and mother who are themselves native-born Haitians and have

never renounced their nationality possesses Haitian nationality at the time of birth. Those born to a Haitian

mother and a foreign parent can make a declaration to obtain Haitian nationality once they reach the age of

majority.

Décret du 6 Novembre 1984 sur la Nationalité Haïtienne (Art. 2 and 7.)

La Constitution de la République d´Haïti (Art. 11)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

It is permitted for Haitians who acquire a diﬀerent nationality.

La Constitution de la République d´Haïti (Art. 12)

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

Not permitted for those who acquire Haitian nationality through naturalization.

Décret du 6 Novembre 1984 sur la Nationalité Haïtienne (Art. 22)

Naturalization

Permitted

The person must have been resident in Haiti for ﬁve years. Other conditions: oath of renunciation of

citizenship of another country. The granting of citizenship is discretionary.

Décret du 6 Novembre 1984 sur la Nationalité Haïtienne (Arts. 15, 22)

195

HONDURAS

196

HONDURAS - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: October 10, 2002

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: August 25, 1997

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: February 17, 1981

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: March 03, 1983

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: December 05, 1996

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: August 10, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: August 09, 2005

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: April 01, 2008

197

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: April 14, 2008

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: March 23, 1992

There is no refugee law. The conditions for seeking shelter are regulated in the Law on Migration and Aliens.

Decreto N° 208-2003 Ley de Migración y Extranjería (Arts. 42-51)

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: March 23, 1992

There is no refugee law. The conditions for seeking shelter are regulated in the Law on Migration and Aliens.

Decreto N° 208-2003 Ley de Migración y Extranjería (Arts. 42-51)

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: October 01, 2012

There is no law on statelessness. The conditions for being recognized as stateless are regulated in the Law

on Migration and Aliens and its Regulations.

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 54)

Reglamento de la Ley de Migración y Extranjería (Art. 59)

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: December 18, 2012

There is no law on statelessness. The conditions for being recognized as stateless are regulated in the Law

on Migration and Aliens and its Regulations.

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 54)

Reglamento de la Ley de Migración y Extranjería (Art. 59)

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: November 18, 2008

There is no speciﬁc law on human traﬃcking in Honduras. The Regulations for the Migration Act sanction

those who abet the violations sanctioned by the Law on Migration and Aliens, be it directly or indirectly.

Reglamento de la Ley de Migración y Extranjería (Art. 136(12))

198

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: April 01, 2008

Decreto 59-2012 Ley contra la Trata de Personas

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

HONDURAS - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: September 05, 1977

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: September 14, 2011

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

The conditions for obtaining refugee status are regulated in the Law on Migration and Aliens.

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 42(3))

Convenio Centroamericano de Libre Movilidad CA-4, 20 June 2006

Ratiﬁed

199

HONDURAS - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 6 countries

Visa is required for nationals of Bolivia, Haití, Guyana, Jamaica, Surinam, Venezuela

HONDURAS - TEMPORARY RESIDENCE

Preferential Access to Residence

Foreigners wishing to obtain residence shall apply for it through the General Secretariat of the Secretariat of

State at the Department of the Interior and Justice.

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 22)

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

No extraordinary regularizations have been carried out

The Law on Migration and Aliens allows Congress to grant immigration amnesty to foreigners to promote

and facilitate the regularization of their immigration status when circumstances so warrant. To date, this

power has not been used.

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 109)

HONDURAS - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Foreigners are required to obtain a work permit from the Department of Labor and Social Security. Some

categories of migrants (such as annuitants) are not allowed to engage in paid activities.

Decreto N° 208-2003 Ley de Migración y Extranjería (Arts. 15, 23)

200

Right to healthcare

Permitted for Migrants with a residence permit

The Constitution and the Migration Act establish that foreigners shall receive equal treatment with

Hondurans, including the restrictions established by law on the grounds of public order, security, and social

harmony. No mention is made as to whether these rights extend to people whose migration status is

irregular. Art. 145 of the Constitution recognizes the right to healthcare.

Constitución Política de Honduras Decreto 131 (Art. 31, 145)

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 11)

Right to education

Permitted for Migrants with a residence permit

The Constitution and the Migration Act establish that foreigners shall receive equal treatment with

Hondurans, with the restrictions established by law on the grounds of public order, security, and social

harmony. The Constitution also establishes that every child has the right to education. The right is not

explicitly recognized in any text for people whose migration status is irregular.

Constitución Política de Honduras Decreto 131 (Arts. 31, 123)

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 11)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Foreigners who have children that are Honduran by birth or who marry or enter into a common-law marriage

with a Honduran inside or outside Honduran territory may obtain residence in the country. Furthermore, the

Migration and Alien Aﬀairs Authority may grant the spouse, any minor children or adult dependent children

of the spouses, and the paternal and maternal grandparents of the spouse’s children special permission to

stay when this is requested by the foreigner who has been granted special permission to stay. Several

categories of foreigners may obtain special residence permits according to art. 42 of the regulations.

Decreto N° 208-2003 Ley de Migración y Extranjería (Arts. 35-36)

Reglamento de la Ley de Migración y Extranjería (Arts. 42, 75)

Right to permanent residence

Preferences based on factors other than nationality

Foreigners acquire the right to permanent residence in the country after having remained as legal residents

or as holders of a special residence permit for a minimum of ﬁve years.

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 21(7))

Right to Vote

Not permitted for any migrants

Only citizens have the right to vote.

Constitución Política de Honduras Decreto 131 (Art. 37)

201

HONDURAS - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Those born in Honduran territory are deemed to be Honduran, except for children of foreign diplomats.

Constitución Política de Honduras Decreto 131 (Art. 23)

Ius Sanguinis (descent, born abroad)

Automatic

Those born abroad to a mother or father who is Honduran by birth are deemed to be Honduran.

Constitución Política de Honduras Decreto 131 (Art. 23)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Those who have acquired Honduran nationality lose this if they become naturalized citizens of another

country. However, Hondurans by birth do not lose their Honduran nationality if they acquire another.

Constitución Política de Honduras Decreto 131 (Arts. 28, 29)

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 65(1))

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

Unless a treaty on dual nationality is in place, anyone applying for Honduran nationality must ﬁrst renounce

their previous nationality.

Constitución Política de Honduras Decreto 131 (Art. 24)

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 64)

202

Naturalization

Permitted

To obtain Honduran nationality through naturalization, applicants are required to have resided in the country

for one year, in the case of Central Americans by birth, two years for nationals of Spain and the rest of Latin

America, and three years for nationals of all other countries. In addition, they must 1) have civil legal

capacity 2) possess assets or exercise a trade, activity, or licit occupation through which they can support

themselves or depend economically on their parents or spouse 3) have shown good conduct and not have

been sentenced for a crime before and during their stay in the country or have been sought by the

authorities of another country for a common felony and, 4) pass a general knowledge exam on the history,

geography, and Constitution of the Republic of Honduras. The granting of nationality is discretionary.

Decreto N° 208-2003 Ley de Migración y Extranjería (Art. 63)

Constitución Política de Honduras Decreto 131 (Art. 24)

203

JAMAICA

204

JAMAICA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: June 04, 1971

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: October 03, 1975

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: October 03, 1975

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: October 19, 1984

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Not Ratiﬁed

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: May 14, 1991

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: September 25, 2008

Jamaica has also ratiﬁed ILO C097—Migration for Employment Convention (Revised), 1949 (No. 97) on 26-

Dec-62.

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

205

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: March 30, 2007

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: July 30, 1964

Jamaica does not have any domestic legislation for the protection of refugees or the granting of asylum

under the international refugee instruments. However, Jamaica adopted a refugee policy in 2009.

Jamaica Refugee Policy of 2009

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: October 30, 1980

Jamaica does not have any domestic legislation for the protection of refugees or the granting of asylum

under the international refugee instruments. However, Jamaica adopted a refugee policy in 2009.

Jamaica Refugee Policy of 2009

Convention relating to the Status of Stateless Persons, 28 September 1954

Not Ratiﬁed

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: January 09, 2013

Jamaica does not have a speciﬁc law on statelessness.

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: September 29, 2003

Jamaica has no speciﬁc law dealing with migrant smuggling but the matter is regulated in the Aliens Act and

in the Immigration Restriction (Commonwealth Citizens) Act.

Aliens Act (Sec. 20)

Immigration Restriction (Commonwealth Citizens) Act (Sec. 30)

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: September 29, 2003

Traﬃcking in Persons (Prevention, Suppression and Punishment) Act

206

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

JAMAICA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: July 19, 1978

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Contentious Jurisdiction Inter-American Court of Human Rights

Not Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

CARICOM Revised Chaguaramas Treaty Free Movement of Skilled Workers, 1 January 2006

Ratiﬁed

CARICOM nationals do not need to apply for work permits in these ten (10) categories listed below:

Graduates of all recognized universities, artists musicians, sportspersons, media workers, nurses, teachers,

artisans with Caribbean Vocational Qualiﬁcations (such as those issued by Heart Trust/NTA), and holders of

associate degrees or comparable qualiﬁcations.

Caribbean Community (Free Movement of Skilled Persons) Act

207

JAMAICA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 2 countries

Visa is required for nationals of Haití, Nicaragua - Los ciudadanos haitianos en viaje de trabajo no requerirán

visado si poseen un visado de ingreso en Estados Unidos, Reino Unido, Canadá o el espacio de Schengen (a

partir de julio de 2018).

JAMAICA - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

Nationals of CARICOM Member States who fall under certain categories of skilled workers have the right to

obtain residence in Jamaica. This includes nationals from the Bahamas and Haiti even though these two

countries do not apply the free movement of skilled workers framework. The rest need to apply and obtain a

residence permit.

Caribbean Community (Free Movement of Skilled Persons) Act (Sec. 3 and ﬁrst schedule)

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

No extraordinary regularizations have been carried out

JAMAICA - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

In general, and with some exceptions like nationals of CARICOM Member States falling under certain

categories of skilled workers and their dependents, migrants do not have the right to work and need to

apply for a permit that is granted discretionarily.

Foreign Nationals and Commonwealth Citizens (Employment) Act (Secs. 3, 7)

Caribbean Community (Free Movement of Skilled Persons) Act (Sec. 8)

208

Right to healthcare

Not Permitted

The laws and the Constitution remain silent on this point. According to an IOM report, this is available under

the same conditions as for nationals.

International Organization for Migration (2018), Migration Governance in the Caribbean. Report on the

Island States of the Commonwealth Caribbean (p. 64)

Right to education

Not Permitted

The laws remain silent on this point. The Constitution establishes the right of every child to publicly funded

tuition but only for those who are citizens of Jamaica. Jamaica has signed CARICOMs Protocol on Contingent

Rights but not the Declaration of Intent to provisionally apply it.

Jamaica (Constitution) Order in Council 1962 (Sec. 13(3)(k)(ii))

CARICOM Protocol on Contingent Rights (Art. II (1)(e))

Right to family reuniﬁcation

Not permitted

CARICOM nationals falling into the 10 categories of skilled workers can bring their spouse and their

unmarried child, stepchild, or adopted child under 18 years old. They can also bring their partners if they

have lived and cohabited as if they were married for ﬁve years. Family reunion for non-CARICOM nationals,

or for those CARICOM nationals not falling into the 10 categories, is not explicitly regulated in Jamaican law.

Caribbean Community (Free Movement of Skilled Persons) Act (Sec. 2)

Right to permanent residence

Preferences for regional migrants and based on other factors

CARICOM nationals falling under the 10 speciﬁed categories of skilled workers, as well as their dependents,

can be allowed to enter and remain in Jamaica for an indeﬁnite period. Nonprivileged migrants falling under

certain categories can obtain permanent residence. These are: employment—for foreign nationals working

on the island for more than three years retirement—for retired foreign nationals who wish to retire in

Jamaica Marriage to a Jamaican—for foreign nationals who are married to a Jamaican national

dependent—for foreign nationals who are dependent on a Permanent Resident holder Previous holders of

Unconditional Landing status by virtue of marriage to a Jamaican. This information is retrieved from the

oﬃcial website of the Jamaican Passport, Immigration, and Citizenship Agency:

https://www.pica.gov.jm/immigration/permanent-residence

Caribbean Community (Free Movement of Skilled Persons) Act (Sec. 3)

209

Right to Vote

Permitted in all elections (local and national)

Commonwealth citizens can vote in all elections if they register and have been resident in Jamaica for the

preceding 12 months.

Representation of The People Act (Sec. 5(2)(a), Form. 13)

210

JAMAICA - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

A person is born in Jamaica unless they are born to a foreign diplomat and neither parent is a citizen, or one

of the parents is an enemy alien and the child is born in a place then under occupation by the enemy. The

person is deemed to be born in the country if at the time of birth the mother is a citizen residing abroad in

the diplomatic service of Jamaica, or if—regardless of whether she is a citizen—the mother resides abroad as

the spouse of a citizen who works in the diplomatic service of Jamaica.

Jamaica (Constitution) Order in Council 1962 (Art. 3)

Ius Sanguinis (descent, born abroad)

Automatic

Person is born abroad to a Jamaican mother, or to a non-Jamaican mother married to a Jamaican citizen,

residing abroad in the employment of the Jamaican diplomatic service. Person is born to a citizen who

obtained such citizenship through jus soli or jus sanguinis or by registration due to marriage to a citizen.

Jamaica (Constitution) Order in Council 1962 (Art. 3)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Jamaicans who acquire a second nationality do not need to give up their Jamaican nationality.

Jamaican Nationality Act (Sec. 7, schedule 2)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Foreigners who acquire Jamaican nationality are not required to give up their previous nationality.

Jamaican Nationality Act (Second schedule)

Naturalization

Permitted

Person has been resident in Jamaica for 12 months immediately prior to the application, as well as for four

out of seven years predating the 12-month period. Other conditions: full capacity, good character, intent to

reside in Jamaica, and oath of loyalty. The minister is explicitly allowed to waive certain requirements and

the granting of naturalization is discretionary. Irish citizens and those from the Commonwealth only need to

reside in the country for ﬁve years, although the minister may accept a shorter period.

Jamaican Nationality Act (Sections 3, 6 and second schedule)

211

212

MEXICO

213

MEXICO - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: February 20, 1975

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: March 23, 1981

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: March 23, 1981

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: March 23, 1981

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: January 23, 1986

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: September 21, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: March 08, 1999

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: March 18, 2008

214

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: December 17, 2007

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: June 07, 2000

Ley sobre Refugiados, Protección Complementaria y Asilo Político

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: June 07, 2000

Ley sobre Refugiados, Protección Complementaria y Asilo Político

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: June 07, 2000

Mexico does not have a speciﬁc law on statelessness. However, art. 151 of the Regulations of the Migration

Act states that: “if the State or States that the foreigner has claimed to be a national of do not acknowledge

this, or there are reasonable grounds for presuming that this is the case, or there is evidence of a refusal on

the part of the State’s consular or national authorities to allow the foreigner in question to enter their

country of origin, the immigration authority will issue an agreement in which it declares the person to be

stateless and will grant them the status of permanent resident, as per the terms of art. 59 of this Act.”

Reglamento de la Ley de Migración (Art. 151)

Convention on the Reduction of Statelessness, 30 August 1961

Not Ratiﬁed

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: March 04, 2003

Pursuant to art. 159 (II) and (III) of the Migration Act, a penalty of 8 to 16 years’ imprisonment and a ﬁne

equivalent to 5,000 to 15,000 days of the current general minimum wage in the Federal District shall be

imposed on anyone who: “introduces one or more foreigners into Mexican territory without the

corresponding documentation, with the purpose of obtaining a proﬁt, be it directly or indirectly” or “harbors

or transports one or more foreigners through Mexican territory to evade immigration controls, with the

purpose of obtaining a proﬁt, be it directly or indirectly.”

Ley de Migración (Art. 159(II)-(III))

215

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: March 04, 2003

Ley General para Prevenir, Sancionar y Erradicar los Delitos en Materia de Trata de Personas y para la

Protección y Asistencia a las Víctimas de estos Delitos

Reglamento de la Ley General para Prevenir, Sancionar y Erradicar los Delitos en Materia de Trata de

Personas y para la Protección y Asistencia a las Víctimas de estos Delitos

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

MEXICO - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: March 02, 1981

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: March 08, 1996

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Mexico accepted the jurisdiction of the Inter-American Court of Human Rights on December 16, 1998, some

time after ratifying the American Convention on Human Rights.

Implementation Cartagena Declaration 1984

Internalized

Ley sobre Refugiados, Protección Complementaria y Asilo Político (Art. 13 (II))

MEXICO - TEMPORARY RESIDENCE

216

Preferential Access to Residence

Certain categories of foreigners may obtain residence in Mexico, but they must request it.

Ley de Migración (Arts. 52(IX), 54-57)

Reglamento de la Ley de Migración (Art. 111)

Permanent Regularization Mechanisms

Available

The immigration regulations establish the right to request the regularization of migration status under

certain circumstances, including when the foreigner lacks the necessary documentation to prove that their

status is regular when the documentation that proves their immigration status has expired or when they

have ceased to meet the requirements by virtue of which they were granted a certain status of stay.

Ley de Migración (Arts. 132-134)

217

Extraordinary Mechanisms since 2000

9 extraordinary regularizations have been carried out

Eight extraordinary regularization processes have taken place in Mexico. The ﬁrst was in eﬀect for the six

months prior to July 31, 2000. The second was in eﬀect for seven months in 2001. The third was adopted in

December 2003 and was in eﬀect during 2004 for those who had been in the country before January 2001

and had a job oﬀer or a family relationship with a Mexican or resident alien. The fourth was adopted in 2005

and applied to those who had entered the country before January 1, 2002. It was later amended in 2006 to

include those who had entered the country up to January 1, 2005. The ﬁfth was adopted in December 2006

and was in eﬀect for 12 months. The sixth was adopted in 2008 for those who had entered the country

before January 1, 2007. The seventh was regulated in 2015 for those who had entered Mexican territory

before November 9, 2012, and who were residing in the country with an irregular migration status as of

January 13, 2015. The eighth was adopted in 2016.

Circular CRE/002-2000 del INM Programa de Regularización Migratoria

Circular por la que se Da a Conocer el Programa de Regularización Migratoria 2001 y sus Reglas

Aplicables

Acuerdo Mediante el cual se Establecen los Criterios conforme a los cuales los Extranjeros, de

Cualquier Nacionalidad, que Habiten en Territorio Nacional, Podrán Promover la Obtención de su

Documentación Migratoria conforme a la Normatividad Aplicable en la Calidad Migratoria de No

Inmigrante.

Acuerdo que tiene por objeto establecer los criterios conforme a los cuales los extranjeros, de

cualquier nacionalidad, que habitan en territorio nacional, podrán promover la obtención de su

documentación migratoria conforme a la normatividad aplicable, en la calidad migratoria de No

Inmigrante

Acuerdo Prórroga al Programa de Regularización Migratoria de 2005

ACUERDO que tiene por objeto establecer los criterios conforme a los cuales los extranjeros, de

cualquier nacionalidad, que habiten en el territorio nacional, podrán promover la obtención de su

documentación migratoria

ACUERDO que tiene por objeto establecer los criterios conforme a los cuales, los extranjeros de

cualquier nacionalidad que se encuentren de manera irregular en territorio nacional y maniﬁesten su

interés de residir en el mismo, puedan promover la obtención de su documentación migratoria en la

calidad de inmigrante con las características de profesional, cargo de conﬁanza, cientíﬁco, técnico,

familiares, artistas o deportistas o bien, en la característica de asimilado en los casos que de maner

Programa Temporal de Regularización Migratoria de 2015

Programa Temporal de Regularización Migratoria de 2016

MEXICO - RIGHTS DURING RESIDENCE

218

Right to work

Permitted for some permit categories

Art. 5 of the Political Constitution establishes that no one may be prevented from engaging in the profession,

industry, trade, or occupation that suits them, provided this is lawful. However, art. 164 of the Regulations of

the Migration Act states that: “Foreigners whose status of stay was obtained through an oﬀer of employment

are authorized to work.” Furthermore, there is a quota system that must be respected when requesting and

granting an employment permit to a nonnational.

Constitución Política de los Estados Unidos Mexicanos (Art. 5)

Reglamento de la Ley de Migración (Arts. 119-123, 164)

Right to healthcare

Permitted for all migrants even those without a permit

According to art. 66 of the Migration Act: “A migrant’s migration status shall not prevent them from

exercising the rights and freedoms recognized in the Constitution, in the international treaties and

conventions to which Mexico is a party, and in this Act.” Art. 4 of the Constitution establishes that every

person has the right to health.

Constitución Política de los Estados Unidos Mexicanos (Art. 4)

Ley de Migración (Art. 66)

Right to education

Permitted for all migrants even those without a permit

According to art. 66 of the Migration Act: “A migrant’s migration status shall not prevent them from

exercising the rights and freedoms recognized in the Constitution, in the international treaties and

conventions to which Mexico is a party, and in this Act.” Art. 3 of the Constitution establishes that every

person has the right to education.

Constitución Política de los Estados Unidos Mexicanos (Art. 3)

Ley de Migración (Art. 66)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

The Migration Act guarantees the right to family unity for both the nuclear family and the extended family of

both Mexicans and permanent residents, although in the latter case certain requirements are added. The

family unity with the following people will be guaranteed: parents spouse, common-law spouse, or

equivalent ﬁgure children of the permanent resident and of the spouse or common-law spouse (as long as

they are minors and have not married, or are in the guardianship or custody of the Mexican or permanent

resident) siblings of the permanent resident, as long as they are children and adolescents and have not

married, or are in their custody. The temporary resident may also enter the country with certain family

members or request their entry at a later date.

Ley de Migración ( Arts. 10, 52 (VII), 55-56)

Reglamento de la Ley de Migración (Art. 111)

219

Right to permanent residence

Preferences based on factors other than nationality

According to the Migration Act, the following have privileged access to permanent residence: migrants who

are recognized as political asylum seekers, refugees, in need of complementary protection, or are stateless

retirees or pensioners who receive an income from a foreign government or international organizations or

private companies for services rendered abroad that allows them to live in the country those who have

children who are Mexican nationals by birth and those who have direct second-degree ascendants or

descendants who are Mexican nationals by birth. “Privileged” access to permanent residence may also be

acquired through family unity and includes those with the following ties to Mexican nationals or permanent

residents: parents, children, and children of the spouse or common-law spouse, provided they are minors

and have not married, or are in their legal guardianship or custody. It is worth clarifying that both the spouse

and the common-law spouse or equivalent do not have an “absolute” right to permanent residence. Instead,

they will obtain a temporary residence permit for two years, after which they may apply for permanent

resident status. Finally, permanent residence may also be obtained through an order from the National

Institute of Migration, in accordance with the points system established for this purpose in art. 57 of the

Migration Act.

Ley de Migración (Arts. 54-57)

Reglamento de la Ley de Migración (Art. 111)

Right to Vote

Not permitted for any migrants

According to art. 33 of the Political Constitution, “foreigners may not interfere in the political aﬀairs of the

country in any way.”

Constitución Política de los Estados Unidos Mexicanos (Art. 33)

MEXICO - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Jus soli is absolute.

Constitución Política de los Estados Unidos Mexicanos (Art. 30 (a)(I))

Ius Sanguinis (descent, born abroad)

Automatic

Jus sanguinis is absolute. However, the transfer of nationality via jus sanguinis only goes as far as the

children of a Mexican father or mother, regardless of whether the parents’ Mexican nationality was acquired

through naturalization.

Constitución Política de los Estados Unidos Mexicanos (Art. 30(a)(II)-(III))

220

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Dual nationality is permitted for Mexicans by birth. Mexican nationality acquired by naturalization will be lost

if the person voluntarily acquires a foreign nationality, among other reasons, as per art. 37 (b) of the

Mexican Constitution.

Constitución Política de los Estados Unidos Mexicanos (Art. 37)

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

Foreigners wishing to obtain Mexican nationality must give up their previous nationality.

Ley de Nacionalidad (Arts. 17, 19)

Naturalization

Permitted

Migrants who wish to become naturalized Mexicans must reside in the country for at least ﬁve years

immediately before submitting their application. However, in some cases, it is possible to obtain Mexican

nationality by residing in the country for two years before applying. These cases include being a lineal

descendant of a Mexican by birth, having children who are Mexicans by birth, being a national of a Latin

American country, Spain, or Portugal, or making a substantial contribution to the nation. The same period is

established in art. 20 (II) of the Nationality Act for those who become naturalized Mexican citizens by

marrying a Mexican national. Furthermore, art. 20 (III) of the Nationality Act allows those who are adopted

by Mexican nationals or minors who are second-degree descendants of Mexican nationals to become

Mexicans through naturalization after having resided in the country for only one year. Those who wish to

become naturalized Mexican nationals are required to give up their previous nationality.

Constitución Política de los Estados Unidos Mexicanos (Arts. 30(B)(I)-(II), 37(b))

Ley de Nacionalidad (Arts. 19-21)

Reglamento de la Ley de Nacionalidad (Arts. 15-16)

MEXICO - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 9 countries

Visa is required for nationals of Ecuador, El Salvador, Guatemala, Guyana, Haití, Honduras, Nicaragua,

República Dominicana, Surinam - 6-sep-21 Los nacionales de estos países no requieren visado si cuentan

con alguno de los siguientes documentos: a) Documento que acredite residencia permanente en Canadá,

Estados Unidos de América, Japón, el Reino Unido de la Gran Bretaña e Irlanda del Norte, cualquiera de los

países que integran el Espacio Schengen, así como en los países miembros de la Alianza del Pacíﬁco (Chile,

Colombia y Perú). b) Visa válida y vigente de Canadá, de los Estados Unidos de América, Japón, el Reino

Unido de la Gran Bretaña e Irlanda del Norte o cualquiera de los países que integran el Espacio Schengen.

221

222

NICARAGUA

223

NICARAGUA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: February 15, 1978

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: March 12, 1980

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: March 12, 1980

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: October 27, 1981

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: July 05, 2005

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: October 05, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: October 26, 2005

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

224

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: December 07, 2007

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: March 28, 1980

Ley 655 de Protección a Refugiados

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: March 28, 1980

Ley 655 de Protección a Refugiados

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: July 15, 2013

The General Law on Migration and Aliens establishes the procedure for determining whether a person is

stateless.

Ley 761 General de Migración y Extranjería (Arts. 39-40)

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: July 29, 2013

The General Law on Migration and Aliens establishes the procedure for determining whether a person is

stateless.

Ley 761 General de Migración y Extranjería (Arts. 39-40)

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: February 15, 2006

There is no speciﬁc law that regulates migrant smuggling in Nicaragua.

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: October 12, 2004

Ley 896 contra la Trata de Personas

225

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

NICARAGUA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: September 25, 1979

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: December 15, 2009

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

12-Feb-91

Implementation Cartagena Declaration 1984

Internalized

The refugee protection law is based on the Declaration of Cartagena, among other instruments.

Ley 655 de Protección a Refugiados (Art. 1(c))

Convenio Centroamericano de Libre Movilidad CA-4, 20 June 2006

Ratiﬁed

Decreto 4966 de Aprobación del Convenio de la Visa Única Centroamericana

NICARAGUA - RIGHTS DURING RESIDENCE

226

Right to work

Permitted for some permit categories

Art. 16 of the General Law on Migration and Aliens establishes the category of migrant worker and the

special permit that must be requested to work in Nicaragua. Art. 153 expressly prohibits the hiring of

workers whose legal status is irregular.

Ley 761 General de Migración y Extranjería (Arts. 16-17, 153)

Right to healthcare

Not Permitted

Art. 11 of the General Law on Migration and Aliens states that: “foreigners enjoy the same rights and

individual and social guarantees as Nicaraguans... except for the limitations established by the Political

Constitution and the laws of the Republic of Nicaragua.” Art. 27 of the Constitution states that foreigners

enjoy equal rights with Nicaraguans: “the State respects the rights recognized in this Constitution and

guarantees them for all people who are within its territory and are subject to its jurisdiction.” However, art.

59 of the Constitution limits the right to health to “Nicaraguans.”

Constitución Política de la República de Nicaragua (Arts. 27, 59)

Ley 761 General de Migración y Extranjería (Art. 11)

Right to education

Permitted for Migrants with a residence permit

Art. 212 of the General Law on Migration and Aliens establishes that technical and higher education

establishments are obliged to require foreigners who wish to study, engage in internships, or teach at them

to provide documentation proving that they are legally resident in the country or the corresponding

authorization from the Migration and Alien Aﬀairs Authority. It makes no reference to primary schools and

other elementary educational establishments. Art. 58 of the Nicaraguan Constitution states that

“Nicaraguans have the right to education and culture.”

Constitución Política de la República de Nicaragua (Art. 58)

Ley 761 General de Migración y Extranjería (Art. 212)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Dependent family members of foreigners who obtain a temporary residence permit may also obtain such

permits. The concept of family extends to the second degree of consanguinity and the ﬁrst degree of

aﬃnity. The spouse, children, and parents of certain categories of migrants (e.g., those with capital) may

obtain permanent residence directly. Foreigners with aﬃnity or consanguinity ties with Nicaraguans

(understood as the spouse, parents, and minor children) may also obtain permanent residence directly.

Ley 761 General de Migración y Extranjería (Arts. 25, 30)

227

Right to permanent residence

Preferences for regional migrants and based on other factors

Foreigners can become permanent residents after three years of temporary residence. Certain categories of

foreigners can access permanent residence directly, including Central Americans by birth those from

countries with which Nicaragua has signed dual nationality agreements, provided that the principle of

reciprocity is applied or residents who are pensioners or annuitants.

Ley 761 General de Migración y Extranjería (Art. 30)

Right to Vote

Not permitted for any migrants

Foreigners may not exercise political rights.

Constitución Política de la República de Nicaragua (Art. 27)

NICARAGUA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 2 countries

Visa is required for nationals of Haití, Venezuela - Los venezolanos dejaron de necesitar visado en 2018 pero

se les volvió a requerir a partir de 2021. Nicaragua forma parte del Convenio de la visa única

centroamericana.

Disposición 001 de 2021 Cambio de Clasiﬁcación Migratoria de Visas para Nacionales de la República

Bolivariana de Venezuela

Decreto 4966 de Aprobación del Convenio de la Visa Única Centroamericana

Manual Regional de Procedimientos Migratorios de la Visa Única Centroamericana CA-4

228

NICARAGUA - TEMPORARY RESIDENCE

Preferential Access to Residence

The General Law on Migration and Aliens establishes two categories of residents: permanent and temporary.

Temporary residents enter the country with the intention of staying for between two and three years, or for

the time in which they will engage in a speciﬁc activity. Foreigners who are Central Americans by birth and

nationals of countries with which Nicaragua has signed dual nationality agreements may opt directly for

permanent residence, as long as the principle of reciprocity applies. Both must apply for a residence permit.

Ley 761 General de Migración y Extranjería (Arts. 24-30)

Permanent Regularization Mechanisms

Available

Art. 118 of the General Law on Migration and Aliens establishes that the Migration and Alien Aﬀairs Authority

may grant foreigners it has deemed to be staying in the country on irregular terms a ﬁxed period of up to 30

days to regularize their stay or leave the country. Art. 170 of the law establishes that migrants whose status

is irregular who establish a stable relationship with a Nicaraguan citizen may request a change of status to

regularize their situation.

Ley 761 General de Migración y Extranjería (Arts. 118, 170)

Extraordinary Mechanisms since 2000

No extraordinary regularizations have been carried out

Art. 215 of the General Law on Migration and Aliens establishes that, when circumstances so warrant, the

National Assembly shall grant migration amnesty to foreigners to promote and facilitate the regularization of

their migration status, doing so on its own initiative or at the behest of the President of the Republic.

However, no cases in which this prerogative has been used have yet been reported.

Ley 761 General de Migración y Extranjería (Art. 215)

NICARAGUA - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Jus soli is automatic. The only exceptions are the children of foreign diplomats, the children of foreign

oﬃcials in the service of international organizations, or the children of those sent by their governments to

work in Nicaragua unless they opt for Nicaraguan nationality.

Ley 761 General de Migración y Extranjería (Art. 45)

Constitución Política de la República de Nicaragua (Art. 16)

Ley 149 de Nacionalidad (Art. 3)

229

Ius Sanguinis (descent, born abroad)

Automatic

Art. 45 of the General Law on Migration and Aliens establishes that the children of a Nicaraguan father or

mother are Nicaraguan and does not include any additional conditions when the birth takes place abroad.

Ley 761 General de Migración y Extranjería (Art. 45)

Constitución Política de la República de Nicaragua (Art. 16)

Ley 149 de Nacionalidad (Art. 3)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Art. 20 of the Constitution establishes that Nicaraguans can hold dual nationality. This is conﬁrmed in art. 46

of the General Law on Migration and Aliens.

Constitución Política de la República de Nicaragua (Arts. 20, 22)

Ley 761 General de Migración y Extranjería (Arts. 46, 62, 63, 64(1))

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

The Constitution establishes that naturalized Nicaraguans must give up their nationality of origin before

obtaining Nicaraguan nationality, unless they are nationals of Spain or Central America, in which case they

do not have to do so, as per art. 54 of the General Law on Migration and Aliens.

Constitución Política de la República de Nicaragua (Art. 19)

Ley 761 General de Migración y Extranjería (Arts. 53-54)

Naturalization

Permitted

The Constitution states that foreigners can obtain Nicaraguan nationality after giving up their nationality of

origin. The Migration Act also establishes that foreigners can request nationality after four years of

permanent residence. There is preferential treatment for foreign nationals of Spain and the Central

American countries, who may apply for nationality after two years of permanent residence, as well as for

residents who are investors or residents with Nicaraguan children. Granting Nicaraguan nationality is a

sovereign act of the State of Nicaragua and is therefore discretionary.

Ley 761 General de Migración y Extranjería (Arts. 52-57)

Constitución Política de la República de Nicaragua (Art. 19)

Decreto Ejecutivo 31-2012 Reglamento a la Ley 761 General de Migración y Extranjería (Art. 117)

230

PANAMA

231

PANAMA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: August 16, 1967

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: March 08, 1977

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: March 08, 1977

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: October 29, 1981

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: August 24, 1987

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: December 12, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Not Ratiﬁed

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: June 22, 2011

232

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: August 07, 2007

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: August 02, 1978

Decreto Ejecutivo número 5 que desarrolla la Ley 5 de 26 de octubre de 1977 por la cual se aprueba

la Convención y Protocolo sobre el Estatuto de los Refugiados

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: August 02, 1978

Decreto Ejecutivo número 5 que desarrolla la Ley 5 de 26 de octubre de 1977 por la cual se aprueba

la Convención y Protocolo sobre el Estatuto de los Refugiados

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: June 02, 2011

Decreto Ejecutivo Número 10 que Reglamenta la Ley 28 de 30 de Marzo de 2011, que Aprueba la

Convención sobre el Estatuto de los Apátridas de 1954

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: June 02, 2011

Decreto Ejecutivo Número 10 que Reglamenta la Ley 28 de 30 de Marzo de 2011, que Aprueba la

Convención sobre el Estatuto de los Apátridas de 1954

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: August 18, 2004

Ley 36 sobre el Tráﬁco Ilícito de Migrantes y Actividades Conexas

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: August 18, 2004

Ley 79 sobre Trata de Personas y Actividades Conexas

233

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

Panama did not vote in the UN General Assembly but expressed its support for the Pact through an oﬃcial

communiqué from the Ministry of Foreign Aﬀairs. The communiqué (dated December 19, 2018) is available

here:

https://mire.gob.pa/panama-celebra-adopcion-del-pacto-global-de-migraciones-en-el-marco-de-la-organizaci

on-de-las-naciones-unidas/

The Global Compact on Refugees, 17 December 2018

Endorsed

PANAMA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: May 08, 1978

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: October 28, 1992

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

Convenio Centroamericano de Libre Movilidad CA-4, 20 June 2006

Not Ratiﬁed

Although Panama is a member of the Central American Integration System, it is not part of the Central

America-4 Free Mobility Agreement (CA-4).

234

PANAMA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 4 countries

Visa is required for nationals of Haití, Venezuela, República Dominicana, Surinam

Decreto 473 por el cual se Incluye a la República Bolivariana de Venezuela dentro de los Países que

Requieren Visa Estampada

PANAMA - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Panama requires foreigners to obtain and pay for work permits. The requirements for these permits, the

process for obtaining them, and their length vary depending on the diﬀerent migration categories (which are

not included in a single instrument). There are several categories of work permits for foreigners that can be

authorized by the Ministry of Labor.

Decreto Ejecutivo Número 17 por el que se Reglamentan los Artículos 17 y 18 del Decreto de

Gabinete N252 de 1971 (Art. 1)

Decreto ejecutivo Número 67 que Modiﬁca el Decreto Ejecutivo No. 17 de 11 de mayo de 1999 (Art. 1)

Código del Trabajo Decreto del Gabinete 252 (Arts. 17, 18)

Right to healthcare

Not Permitted

According to art. 109 of the Political Constitution of the Republic of Panama of 1972: “the individual, as part

of the community, has the right to the promotion, protection, conservation, recovery, and rehabilitation of

health and the obligation to preserve this.” It also states that safeguarding the health of the population of

the Republic of Panama is an essential function of the State and includes the tasks of prevention, curing,

and rehabilitation.

Constitución Política de Panamá (Art. 109)

Right to education

Permitted for Migrants with a residence permit

There is no legislation on access to education for migrant children. The State provides scholarships, but

access to these is restricted to nationals. Foreign students require a visa to enroll in educational

establishments, so it can be inferred that they cannot access education without one.

Constitución Política de Panamá (Art. 56)

Decreto Ejecutivo 320 que Reglamenta el Decreto Ley No. 3 de 22 de febrero de 2008 que Crea el

Servicio Nacional de Migración y Dicta otras Disposiciones (Arts. 13-14)

235

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Art. 18 of Law 3 of 2008 states: “Dependents shall be understood to mean the spouse, parents, and children

under the age of 18. Children between 18 and 25 years of age may be requested to be listed as dependents,

provided that they are in education and are ﬁnancially dependent on the temporary resident. They shall be

granted a temporary permit that in no case shall exceed the length of the temporary resident’s permit.

Decreto Ley 3 Que crea el Servicio Nacional de Migración, la Carrera Migratoria y Dicta Otras

Disposiciones (Art. 18)

Decreto Ejecutivo 320 que Reglamenta el Decreto Ley No. 3 de 22 de febrero de 2008 que Crea el

Servicio Nacional de Migración y Dicta otras Disposiciones (Arts. 75, 76)

Right to permanent residence

Preferences based on factors other than nationality

The law deﬁnes permanent residents as those who enter the national territory for economic and investment

reasons, through special and demographic policies, and other subcategories with the intention of settling in

the country. It stipulates speciﬁc conditions that applicants must meet to access this permit, which relate to

resource availability, the type of professional activity, or the investment. Panama signed a Treaty of

Friendship with Italy in 1966. By virtue of this treaty, Italian nationals can access permanent residence

directly.

Decreto Ley 3 Que crea el Servicio Nacional de Migración, la Carrera Migratoria y Dicta Otras

Disposiciones (Art. 20)

Decreto Ejecutivo 320 que Reglamenta el Decreto Ley No. 3 de 22 de febrero de 2008 que Crea el

Servicio Nacional de Migración y Dicta otras Disposiciones (Art. 148, ss)

Resolución 4803 por la cual se Establece un Permiso de Residente Permanente Amparado por el

Tratado de Amistad, Comercio y Navegación entre la República de Panamá y la República de Italia

(Art. 1)

Right to Vote

Not permitted for any migrants

The Constitution does not grant foreigners the right to vote.

Constitución Política de Panamá (Art. 129)

PANAMA - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Art. 9 of the Panamanian Constitution establishes that those born in Panama are Panamanian nationals.

Constitución Política de Panamá (Art. 9)

236

Ius Sanguinis (descent, born abroad)

Not Automatic

Art. 9 of the Panamanian Constitution establishes that children born abroad to a Panamanian parent must

establish residence in Panamanian territory to become Panamanian. Furthermore, children of a parent who

has acquired Panamanian nationality through naturalization and who are born outside Panamanian territory

must not only establish residence in the country but also express their desire to become Panamanian

nationals no more than one year after reaching the age of majority.

Constitución Política de Panamá (Art. 9)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Art. 13 of the Constitution establishes that Panamanians by birth who become naturalized citizens of another

country are tacitly giving up their citizenship (that is, they lose their right to exercise political rights in

Panama) but not their nationality. However, naturalized Panamanian citizens who acquire another

nationality lose their Panamanian nationality.

Constitución Política de Panamá (Art. 13)

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

Foreigners wishing to acquire Panamanian nationality must give up their nationality of origin unless they are

from Spain or a Latin American country and the country in question does not require Panamanians wishing

to become naturalized citizens to give up their nationality.

Constitución Política de Panamá (Art. 10)

Decreto Ley 3 Que crea el Servicio Nacional de Migración, la Carrera Migratoria y Dicta Otras

Disposiciones (Arts. 120, 128)

Naturalization

Permitted

Applicants must submit their request for a Letter of Nationality to the Ministry of Government and Justice

after proving that they have resided in the country for ﬁve years. This period is reduced to three years for

those who are parents of a Panamanian national and those married to a Panamanian national. For nationals

of Latin American and Caribbean countries and Spain, the requirements stipulated in their country of origin

for Panamanian nationals apply. Applicants must prove that their migration status is regular and that they

are in good health, do not have a criminal record, and have suﬃcient means. The granting of nationality is a

discretionary power of the State.

Constitución Política de Panamá (Art. 10)

Decreto Ley 3 Que crea el Servicio Nacional de Migración, la Carrera Migratoria y Dicta Otras

Disposiciones (Arts. 118 y siguientes.)

237

PANAMA - TEMPORARY RESIDENCE

Preferential Access to Residence

The law distinguishes between temporary residents (art. 18), which refers to foreigners or their dependents

who enter the Panamanian territory for reasons relating to work, special policies, education, culture,

religious, humanitarian issues, family reuniﬁcation, and those that fall into other subcategories, for a period

of up to six years and permanent residents (art. 20). Permanent residents are foreigners who enter

Panamanian territory for economic and investment reasons, through special demographic policies, and must

demonstrate that they have the ﬁnancial means to justify their desire to reside in the country.

Decreto Ley 3 Que crea el Servicio Nacional de Migración, la Carrera Migratoria y Dicta Otras

Disposiciones (Arts. 18, 20)

Permanent Regularization Mechanisms

Available

As of 2016, the extraordinary regularization processes known as Crisol de Razas [Melting Pot] were replaced

by a general regularization procedure. A 2016 decree that was amended in 2017 establishes that those

opting for this procedure are required to have stayed in the territory for at least one year at the time the

decree was enacted and not to have a police record, among other requirements. Executive Decree no. 235

of September 15, 2021, established that any foreigner who has obtained a provisional residence permit

through one of the Extraordinary Migratory Regularization Processes (Crisol de Razas) or through the

General Migration Regularization Procedure may opt for permanent residence for six or ten years.

Decreto ejecutivo 167 que Establece el Procedimiento de Regularización Migratoria General

Decreto Ejecutivo 145 que Modiﬁca el Artículo 2 del Decreto Ejecutivo 167.

Decreto ejecutivo 235 que Establece los Procedimientos y Requisitos para la Renovación de los

Permisos Provisionales y para Optar por la Residencia Permanente

238

Extraordinary Mechanisms since 2000

13 extraordinary regularizations have been carried out

The Crisol de Razas [Melting Pot] Temporary Residence Permit was an extraordinary residence program

implemented in Panama to regularize foreigners’ migration status. It was made possible legally through art.

171 of Executive Decree 320, which allows the National Migration Service to authorize the initiation of

migration-related legalization procedures. It has been implemented at least 11 times since 2010 and led to

the granting of two-year renewable residences. In 2016, it was made into a permanent regularization

mechanism. However, extraordinary regularization programs continue to exist. Two have been implemented

for Chinese nationals: one in 2016 and another in 2018. The Crisol de Razas regularization processes

included here are those of July 2010 May, September, and October 2011 two in 2012 February, July, and

December 2013 and March and August 2014. Also worth noting is Executive Decree 547 of 2012, which

established the procedures and requirements for these processes. This decree was repealed by Executive

Decree 167 of 2016, which establishes a general procedure for regularizing migration status and marked the

end of the Crisol de Raza programs. Also included here are the two decrees of 2016 and 2018 that

established extraordinary regularization processes for Chinese nationals.

Decreto Ejecutivo 320 que Reglamenta el Decreto Ley No. 3 de 22 de febrero de 2008 que Crea el

Servicio Nacional de Migración y Dicta otras Disposiciones (Art. 171)

Resolución 13500 Panamá, Crisol de Razas 2010

Resolución 9540 Panamá, Crisol de Razas 2011

Resolución 17679 Panamá, Crisol de Razas septiembre 2011

Resolución 230 Panamá, Crisol de Razas octubre 2011

Resolución 5571 Panamá, Crisol de Razas 2012

Resolución 15313 Panamá, Crisol de Razas agosto 2012

Resolución 3201 Panamá, Crisol de Razas 2013 febrero

Resolución 12765 Panamá, Crisol de Razas julio 2013

Resolución 32117 Panamá, Crisol de Razas diciembre 2013

Resolución 7015 Panamá, Crisol de Razas marzo 2014

Resolución 24587 Panamá, Crisol de Razas agosto 2014

Decreto Ejecutivo 547 que se Establece el Procedimiento y los Requisitos de los Procesos de

Regularización Migratoria Extraordinaria denominado "Panamá, Crisol de Razas"

Decreto ejecutivo 167 que Establece el Procedimiento de Regularización Migratoria General

Decreto Ejecutivo 168 Proceso de Regularización Extraordinaria Migratoria para Nacionales de la

República Popular China

Decreto Ejecutivo 183 Regularización Migratoria Extraordinaria para Nacionales de la República

Popular China

239

PARAGUAY

240

PARAGUAY - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: August 18, 2003

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: June 10, 1992

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: June 10, 1992

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: April 06, 1987

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: March 12, 1990

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: September 25, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: September 23, 2008

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: August 03, 2010

241

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: September 03, 2008

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: April 01, 1970

Ley General sobre Refugiados Nº 1938

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: April 01, 1970

Ley General sobre Refugiados Nº 1938

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: July 01, 2014

Ley 6149 sobre Protección y Facilidades para la Naturalización de las Personas Apátridas

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: June 06, 2012

Ley 6149 sobre Protección y Facilidades para la Naturalización de las Personas Apátridas (Art. 72)

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: September 23, 2008

There is no speciﬁc law on migrant smuggling but the Migration Act imposes a sanction of three months to

two years imprisonment on: “Anyone who helps a foreigner to enter the national territory in violation of this

law and its regulations or conceals them after entering.”

Ley de Migraciones N° 978/96 (Art. 108(2))

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: September 22, 2004

Ley Integral contra la Trata de Personas N° 4788

242

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Not Endorsed

The Republic of Paraguay joined the Global Compact verbally at the Marrakech Conference (December 10,

2018) but did not sign the resolution adopted by the United Nations General Assembly approving the

document (December 19, 2018).

The Global Compact on Refugees, 17 December 2018

Endorsed

PARAGUAY - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: August 18, 1989

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: May 28, 1997

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

Ley General sobre Refugiados Nº 1938 (Art. 1(B))

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Ratiﬁed

Ley N° 3565 Aprueba el Acuerdo sobre Residencia para Nacionales de los Estados Partes del

MERCOSUR

243

PARAGUAY - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 8 countries

Visa is required for nationals of Bahamas, Barbados, Belice, Guyana, Haití, Jamaica, Surinam, Trinidad y

Tobago - Aug-2019

PARAGUAY - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Foreigners who are admitted as temporary residents or are authorized to become temporary residents may

only engage in the remunerated or gainful self-employed or employed activities that were contemplated

when granting their residence permit. Permanent residents may engage in any type of labor activity.

Nationals of the countries to which the MERCOSUR Residence Agreement applies have the right to work.

These are: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Peru, and Uruguay.

Ley de Migraciones N° 978/96 (Arts. 25, 26, 62-65)

Ley N° 3565 Aprueba el Acuerdo sobre Residencia para Nacionales de los Estados Partes del

MERCOSUR

Right to healthcare

Permitted for Migrants with a residence permit

The law does not expressly refer to this right. However, art. 21 of the Migration Law states that: “Foreigners

who are authorized to settle in the country as permanent residents shall enjoy the same rights and have the

same obligations as Paraguayans, as per the forms and limitations established by the Constitution and

laws.” Art. 68 of the Constitution states that: “The State shall protect and promote health as a fundamental

right of the individual and in the interest of the community. No one shall be deprived of public assistance to

prevent or treat disease, plagues, or epidemics, nor of relief following catastrophes and accidents.”

Ley de Migraciones N° 978/96 (Art. 21)

Constitución Nacional de la República de Paraguay (Art. 68)

244

Right to education

Permitted for Migrants with a residence permit

The law does not expressly refer to this right. However, art. 21 of the Migration Act states that: “Foreigners

who are authorized to settle in the country as permanent residents shall enjoy the same rights and have the

same obligations as Paraguayans, as per the forms and limitations established by the Constitution and

laws.” Art. 73 of the Constitution states that: “All people have the right to comprehensive, ongoing

education (...).”

Ley de Migraciones N° 978/96 (Art. 21)

Constitución Nacional de la República de Paraguay (Art. 73)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Foreign relatives of Paraguayan citizens—speciﬁcally, their spouse, minor children, and parents—may enter

the country as permanent residents. This also applies to the spouse, minor children, and parents of

foreigners who are authorized to settle in the country as permanent residents.

Ley de Migraciones N° 978/96 (Arts. 14(4), 21)

Right to permanent residence

Preferences for regional migrants and based on other factors

Nationals of MERCOSUR Member States (Argentina, Brazil, and Uruguay) and associate countries (Bolivia,

Chile, Colombia, Ecuador, and Peru) must only prove that they have resided in the country two years before

they can obtain permanent residence. Those who can obtain permanent residence directly include the

spouse, minor children, and parents of Paraguayan citizens or foreign citizens who are permanent collection,

and other categories of foreigners such as investors, retirees, and pensioners. Other foreigners who have

been allowed to enter the country as temporary residents may apply to the General Migration Authority to

be granted permanent residence. The law does not stipulate a minimum period during which applicants

must reside in the country to do so, but “the reasons for the request must be justiﬁed, and documentation

and other requirements demanded by the law and its regulations must be provided for applicants to be

admitted into the requested category.”

Ley N° 3565 Aprueba el Acuerdo sobre Residencia para Nacionales de los Estados Partes del

MERCOSUR

Ley N° 3578 Aprueba el Acuerdo sobre Residencia para Nacionales de los Estados Partes del

MERCOSUR, Bolivia y Chile

Ley de Migraciones N° 978/96 (Arts. 14, 48, 50)

Right to Vote

Permitted in Local Elections

Migrants with permanent residence may vote in municipal elections. In this regard, art. 120 of the

Constitution states that “foreigners with permanent residence permits shall have the same rights as

nationals in municipal elections.”

Constitución Nacional de la República de Paraguay (Art. 120)

Ley 834 Establece el Código Electoral Paraguayo (Art. 2, 95)

245

PARAGUAY - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

Nationals of the following MERCOSUR member and associate countries have the right to obtain residence

permits: Argentina, Brazil, Uruguay, Bolivia, Chile, Peru, Colombia, and Ecuador. The spouse, minor children,

and/or parents of Paraguayan citizens also have this right, as do the spouse, minor children, and/or parents

of foreigners previously admitted as permanent residents on the grounds that they are spontaneous,

assisted migrants with capital, investors or retirees, and pensioners or annuitants. No other foreigners have

the right to do so.

Ley N° 3565 Aprueba el Acuerdo sobre Residencia para Nacionales de los Estados Partes del

MERCOSUR (Arts. 11-12)

Ley N° 3578 Aprueba el Acuerdo sobre Residencia para Nacionales de los Estados Partes del

MERCOSUR, Bolivia y Chile

Ley de Migraciones N° 978/96 (Arts. 14, 21)

Decreto 18.295 Reglamenta la Ley 978/96 de Migraciones (Arts. 11-12)

Permanent Regularization Mechanisms

Available

According to the country’s immigration regulations, “When declaring the entry or stay of a nonresident

foreigner or a foreigner with temporary residence in the country to be illegal, the General Migration

Authority may take either of the following courses of action, depending on the foreigner’s profession, their

kinship with Paraguayan nationals, the proven length of time they have remained in the country, and other

social factors: a) instruct them to regularize their immigration status or, b) order them to leave the country

within a speciﬁed period, under threat of ordering their expulsion” (art. 60). Likewise, “nonresident

foreigners or foreigners with temporary residence permits who are authorized to regularize their stay in the

country shall be granted a provisional residence permit by the General Migration Authority for the duration

of these proceedings” (art. 61).

Ley de Migraciones N° 978/96 (Arts. 60-61)

246

Extraordinary Mechanisms since 2000

2 extraordinary regularizations have been carried out

Paraguay has passed two extraordinary regularization mechanisms. Through Law No. 3486/08, it passed the

Agreement on Regularizing Migration between the Government of the Republic of Paraguay and the

Government of the Republic of Bolivia, which allowed nationals of the two countries to regularize their

situation within 180 days of the agreement entering into force. Second, in 2011, Paraguay passed Law No.

4429, which regularizes the migration status of foreigners intending to reside permanently in the country.

According to art. 1 of the law, it covered “foreigners who have been in the territory of the Republic of

Paraguay for less than a year before the law was published, whose migration status is irregular, and who

intend to reside in the country permanently.” This was regulated through a decree in 2012.

Ley N° 3486 Aprueba el Acuerdo sobre Regularización Migratoria entre el Gobierno de la República del

Paraguay y el Gobierno de la República de Bolivia

Ley 4429 Regulariza la Residencia de Extranjeros/as en Situación Migratoria Irregular

Decreto 8373 Por el cual se Reglamenta la Ley Nº 4429 del 4 de octubre de 2011 que Regulariza la

Residencia de Extranjeros/as en Situación Migratoria Irregular

PARAGUAY - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Jus soli is absolute.

Constitución Nacional de la República de Paraguay (Art. 146(1))

Ius Sanguinis (descent, born abroad)

Not Automatic

The acquisition of nationality via jus sanguinis is applied diﬀerently to people who are born abroad. First, if

one of the parents of the child born abroad is “in the service of the Republic of Paraguay,” they

automatically acquire Paraguayan nationality. Second, nationality may be acquired via jus sanguinis

provided that the Paraguayan parent of children born outside Paraguay “resides in Paraguay permanently.”

In the latter case, acquisition is not automatic. Instead, the interested party must present a simple

declaration to this eﬀect when they are over the age of 18. If they are under 18, their legal representative’s

declaration shall be valid until then, subject to ratiﬁcation by the interested party.

Constitución Nacional de la República de Paraguay (Art. 146 incs. 2), 3) y último párrafo.)

247

Dual Citizenship Permitted for nationals naturalizing abroad

Not Permitted

Dual nationality is only allowed when there is an “international treaty of reciprocity of constitutional rank

between the countries of origin and adoption” (art. 149 of the Constitution). For now, agreements are only in

place with Spain and Italy. Paraguayan nationals by birth who obtain a second nationality other than that of

Spain or Italy lose their Paraguayan citizenship, that is, the exercise of political rights (art. 153 of the

Constitution). This suspension of Paraguayan citizenship ends if the person gives up their new nationality.

Paraguayans who have acquired their nationality through naturalization lose Paraguayan citizenship if they

acquire another nationality (art. 150 of the Constitution).

Constitución Nacional de la República de Paraguay (Arts. 149, 150, 153)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who acquire Paraguayan nationality through naturalization are not required to give up their previous

nationality.

Constitución Nacional de la República de Paraguay (Arts. 148)

Acordada n. 464 Reglamento Interno de la Corte Suprema de Justicia (Arts. 37-50)

Naturalization

Permitted

Foreigners can acquire Paraguayan nationality through naturalization when the person concerned reaches

the age of majority (18 years), has been residing in Paraguay for at least three years, has exercised a

profession, trade, science, art, or occupation in the country, and demonstrates good conduct. However, the

Constitution clariﬁes that those who have obtained Paraguayan nationality through naturalization will only

become full citizens two years after doing so. The granting of nationality is a discretionary power of the

State.

Constitución Nacional de la República de Paraguay (Arts. 148, 152)

Acordada n. 464 Reglamento Interno de la Corte Suprema de Justicia (Art. 46)

248

PERU

249

PERU - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: September 29, 1971

Decreto Ley N° 18969 Aprueba la Convención sobre la Eliminación de Todas las Formas de

Discriminación Racial

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: April 28, 1978

Decreto Ley Nº 22128 Aprueban Pacto Internacional de Derechos Civiles y Políticos

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: April 28, 1978

Decreto Ley Nº 22129 Adoptan Pacto Internacional de Derechos Económicos, Sociales y Culturales

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: September 13, 1982

Resolución Legislativa Nº 23432 Aprueba Convención sobre Eliminación de todas las Formas de

Discriminación Contra la Mujer

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: July 07, 1988

Resolución Legislativa Nº 24815 Aprueba Convención contra la Tortura

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: September 04, 1990

Resolución Legislativa Nº 25278 Aprueban la "Convención sobre los Derechos del Niño"

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: September 14, 2005

Resolución Legislativa Nº 28602 que aprueba la Convención Internacional sobre la Protección de los

Derechos de todos los Trabajadores Migratorios y sus Familiares

250

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: September 26, 2012

Resolución Legislativa Nº 29894 Apruébase la Convención Internacional para la Protección de todas

las Personas contra las Desapariciones Forzadas

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: January 30, 2008

Resolución Legislativa Nº 29127 Aprueba la Convención sobre los Derechos de las Personas con

Discapacidad

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: December 21, 1964

Resolución Legislativa Nº 15.014 Aprobando la Convención sobre el Estatuto de los Refugiados

Ley Nº 27.891 del Refugiado

Decreto Supremo No. 119-2003-RE que Aprueba Reglamento de la Ley del Refugiado

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: September 15, 1983

Resolución Legislativa Nº 15.014 Aprobando la Convención sobre el Estatuto de los Refugiados

Ley Nº 27.891 del Refugiado

Decreto Supremo No. 119-2003-RE que Aprueba Reglamento de la Ley del Refugiado

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: January 23, 2014

Peru does not have a law on statelessness. The matter is brieﬂy mentioned in the Legislative Decree on

Migration.

Decreto Legislativo N° 1350 de Migraciones (Arts. 8, 23, 29)

Resolución Legislativa Nº 30108 que Aprueba la Convención sobre el Estatuto de los Apátridas

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: December 18, 2014

Peru does not have a law on statelessness. The matter is brieﬂy mentioned in the Legislative Decree on

Migration.

Decreto Legislativo N° 1350 de Migraciones (Arts. 8, 23, 29)

Resolución Legislativa Nº 30244 Aprueba la Convención para Reducir los Casos de Apatridia

251

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: January 23, 2002

Ley N° 28.950 contra la Trata de Personas y el Tráﬁco Ilícito de Migrantes

Decreto Supremo N° 001-2016-IN Reglamento de la Ley 28950 contra la Trata de Personas y el Tráﬁco

Ilícito de Migrantes

Decreto Supremo Nº 008-2018-IN que Aprueba las Directrices Intersectoriales para la Prevención y

Persecución del Delito, y la Atención y Protección de las Personas en Situación de Tráﬁco Ilícito de

Migrantes y Víctimas de Delitos en el Contexto de la Migración

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: January 23, 2002

The Law against Human Traﬃcking and Migrant Smuggling (Law No. 28.950), amended the Criminal Code to

include human traﬃcking and migrant smuggling as crimes. Art. 29 para. k of the Legislative Decree on

Migration contemplates humanitarian visas for those who have been victims of human traﬃcking or

smuggling.

Resolución Legislativa Nº 27527 Apruébase la ‘Convención de las Naciones Unidas contra la

Delincuencia Organizada Transnacional’ y sus dos Protocolos adicionales

Ley N° 28.950 contra la Trata de Personas y el Tráﬁco Ilícito de Migrantes

Decreto Supremo N° 001-2016-IN Reglamento de la Ley 28950 contra la Trata de Personas y el Tráﬁco

Ilícito de Migrantes

Decreto Legislativo N° 1350 de Migraciones

Reglamento del Decreto Legislativo N° 1350, Decreto Legislativo de Migraciones (Art. 91)

Decreto Supremo Nº 008-2018-IN que Aprueba las Directrices Intersectoriales para la Prevención y

Persecución del Delito, y la Atención y Protección de las Personas en Situación de Tráﬁco Ilícito de

Migrantes y Víctimas de Delitos en el Contexto de la Migración

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

PERU - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: July 12, 1978

Decreto Ley Nº 22231 Aprueban “Convención Americana sobre Derechos Humanos”

252

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: May 17, 1995

Resolución Legislativa Nº 26448 Aprueban el Protocolo Adicional a la Convención Americana sobre

Derechos Humanos en Materia de Derechos Económicos, Sociales y Culturales

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Peru accepted the jurisdiction of the IA Court through the Sixteenth Final and Temporary Provision of the

Political Constitution of 1979. Subsequently, Legislative Resolution No. 27.152 (July 8, 1999) approved the

withdrawal of the contentious jurisdiction of the Court of San José and, ﬁnally, Legislative Resolution No.

27.401 (January 19, 2001) repealed Legislative Resolution No. 27.152, leaving the acceptance of the

jurisdiction of the IA Court.

Resolución Legislativa N° 27401 restablece la Competencia Contenciosa de la Corte Interamericana

de Derechos Humanos

Implementation Cartagena Declaration 1984

Internalized

Ley Nº 27.891 del Refugiado (Art. 3)

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Ratiﬁed

According to the annex to the Act of Accession of the Republic of Peru to the Residence Agreement for

Nationals of the States Parties to MERCOSUR, Bolivia, and Chile, the agreement entered into force on the

date of this accession: June 28, 2011.

Acta de Adhesión de la República del Perú al Acuerdo sobre Residencia para Nacionales de los Estados

partes del Mercosur, Bolivia y Chile

Andean Migration Statute, 2021

Ratiﬁed: August 11, 2021

The Andean Migration Statute applies to the Member States of the Andean Community of Nations (Bolivia,

Colombia, Ecuador, and Peru). Art. 31 establishes that the Andean Migration Statute “is applicable

immediately after entering into force and is not subject to regulations.” Art. 35 states that “it shall enter into

eﬀect within ninety (90) calendar days, counted from the day following its publication in the Oﬃcial Gazette

of the Cartagena Declaration.” This was published on May 12, 2021, such that the statute entered into force

on August 11, 2021.

Decisión 878 Estatuto Migratorio Andino

253

PERU - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Art. 52 of the Political Constitution of Peru states that “all people born in the territory of the Republic of Peru

are Peruvians by birth.”

Constitución Política del Perú (Art. 52)

Ley Nº 26.574 de Nacionalidad (Art. 2)

Decreto Supremo Nº 004-97-IN "Aprueban el Reglamento de la Ley de Nacionalidad".

Ius Sanguinis (descent, born abroad)

Automatic

The Political Constitution of Peru states that “those born abroad of a Peruvian father or mother and duly

registered with the appropriate registry oﬃce” are Peruvian nationals. Law 30.738 of March 13, 2018,

amended art. 52 of the Political Constitution of Peru, eliminating the requirement that the children of

Peruvian parents be registered while still minors.

Constitución Política del Perú (Art. 52)

Ley 30738 de Reforma del artículo 52 de la Constitución Política del Perú

Ley Nº 26.574 de Nacionalidad (Art. 2)

Decreto Supremo Nº 004-97-IN "Aprueban el Reglamento de la Ley de Nacionalidad".

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

The Nationality Act states that Peruvians by birth who acquire another country’s nationality do not lose their

Peruvian nationality.

Constitución Política del Perú (Art. 53)

Ley Nº 26.574 de Nacionalidad (Arts. 9-11)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who wish to become naturalized Peruvian citizens are not required to give up their previous

nationality.

Ley Nº 26.574 de Nacionalidad (Arts. 3, 11)

254

Naturalization

Permitted

According to the Peruvian Nationality Law, naturalized Peruvians are: 1. Foreigners who express their desire

to become Peruvian nationals and who meet the following requirements: a) have resided legally in Peruvian

territory for at least two consecutive years. b) regularly exercise a profession, art, trade, or business activity.

c) have no criminal record and show good conduct and good moral character. 2. Foreigners residing in

Peruvian territory to whom the Congress of the Republic confers the honor of Peruvian nationality in

recognition of distinguished services provided to the Peruvian nation, by means of a Legislative Resolution

and at the behest of the Oﬃce of the President. The granting of nationality is discretionary.

Constitución Política del Perú (Art. 52)

Ley Nº 26.574 de Nacionalidad (Art. 3)

Decreto Supremo Nº 004-97-IN "Aprueban el Reglamento de la Ley de Nacionalidad". (Arts. 8-15)

PERU - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 4 countries

Visa is required for nationals of Venezuela, Haití, El Salvador, Nicaragua - La Resolución de Superintendencia

de Migraciones No. 000177-2019 establece la exigencia de visa para nacionales de Venezuela pero

determina que por razones humanitarias se admitan en el territorio nacional a las personas de nacionalidad

venezolana con cédula de identidad, sin exigencia del pasaporte, bajo los siguientes supuestos: i) Menores

de edad en tránsito hacia el Perú para reunirse con sus padres y no cuenten con cédula de identidad o

pasaporte sino únicamente partida de nacimiento ii) Mayores de edad en tránsito hacia el Perú para reunirse

con su núcleo familiar residente en Perú iii) Mayores de edad en situación de extrema vulnerabilidad en

tránsito hacia el Perú iv) Mujeres embarazadas en situación de extrema vulnerabilidad en tránsito hacia el

Perú y, v) Adultos mayores, de más de 60 años, en tránsito hacia el Perú Cabe considerar que mediante

Decreto Supremo 061-2016-RED se exonera del requisito de la visa de Turista a los extranjeros que cuenten

con residencia permanente en la República de Chile, la República de Colombia o en los Estados Unidos

Mexicanos.

Resolución de Superintendencia de Migraciones No. 000177-2019 que Establece la Exigencia de Visa

para Nacionales de Venezuela

Decreto Supremo No. 001-2012-RE

Decreto Supremo 061-2016-RE Exoneran del Requisito de Visa de Turista a los Extranjeros que

Cuenten con Residencia Permanente en la República de Chile, la República de Colombia o en los

Estados Unidos Mexicanos

PERU - TEMPORARY RESIDENCE

255

Preferential Access to Residence

Only for some LAC nationals

The Republic of Peru’s Act of Accession to the MERCOSUR Residence Agreement establishes the immediate

entry into force of this agreement, without the need for additional domestic legislation, and states that it will

apply to Argentina, Brazil, Paraguay, and Uruguay (MERCOSUR Member States) and Bolivia and Chile.

Venezuela is suspended from the MERCOSUR and therefore the agreement does not apply to its nationals.

The Andean Migration Statute applies to the Member States of the Andean Community of Nations (Bolivia,

Colombia, Ecuador, and Peru). Art. 31 establishes that the Andean Migration Statute “is applicable

immediately after entering into force and is not subject to regulations.” Art. 35 states that “it shall enter into

eﬀect within ninety (90) calendar days, counted from the day following its publication in the Oﬃcial Gazette

of the Cartagena Declaration.” This was published on May 12, 2021, such that the statute entered into force

on August 11, 2021.

Resolución Legislativa Nº 29217 que aprueba el "Acuerdo sobre residencia para nacionales de la

República del Perú y la República Argentina"

Decisión 878 Estatuto Migratorio Andino

Permanent Regularization Mechanisms

Available

According to art. 36 of the Legislative Decree on Migration, “foreigners whose migration status is irregular

may request that the restriction on their entering the country be lifted and/or that their situation be

regularized, in accordance with the provisions set forth in the Regulations.” The Regulations also cover the

procedure for requesting this for people who have entered the country in an irregular manner, have

exceeded their term of stay, or are in exceptional situations that include “vulnerability family reuniﬁcation

the best interest of the child and adolescent or the protection of other fundamental rights recognized in the

Political Constitution and in international treaties and conventions to which Peru is a party” (art. 219).

Decreto Legislativo N° 1350 de Migraciones (Art. 36)

Reglamento del Decreto Legislativo N° 1350, Decreto Legislativo de Migraciones (Arts. 217-224)

256

Extraordinary Mechanisms since 2000

9 extraordinary regularizations have been carried out

From 2000 onward, Peru has implemented several migration regularization initiatives, including the

following: 1. Migration Regularization Agreement between the Republic of Peru and the Republic of Bolivia

(2002), which applies to nationals of either of the States Parties in the territory of the other whose status is

irregular, which was approved by Legislative Resolution No. 27.857. 2. The Additional Protocol to the

Migration Regularization Agreement between the Republic of Peru and the Republic of Argentina, which

applies to nationals of either of the States Parties in the territory of the other whose status is irregular. 3.

The agreement to regularize the labor and migration situation of Peruvian and Ecuadorian nationals in the

extended border integration zone (ZIF), ratiﬁed by Supreme Decree 012-2007-RE, states that “the purpose

of this agreement is to establish an extraordinary migration regime to regularize the stay of agricultural and

construction workers and domestic service employees in the border integration zone. For these purposes,

the agreement is extended to include the departments of Lambayeque, Amazonas, and Loreto in Peru, and

the provinces of Azuay and Cañar in Ecuador.” 4. The Permanent Peru–Bolivia Migration Statute, which

allowed Ecuadorian citizens in Peru whose migration status was irregular and who had entered Peruvian

territory before February 3, 2011, to regularize their status, as passed by Instruction 84 of 2011. 5. Supreme

Decree No. 002-2017-IN of January 2, 2017, which applies to Venezuelan citizens whose migration status is

irregular as a result of their stay or residence permit expiring. 6. Supreme Decree No. 023-2017-IN of July

27, 2017, which applies to Venezuelan citizens whose migration status is irregular as a result of their stay or

residence permit expiring. 7. Supreme Decree No. 001-2018-IN of January 221, 2018, which applies to

Venezuelan citizens whose migration status is irregular as a result of their stay or residence permit

expiring.8. Supreme Decree No. 010-2020-IN, which “approves special, exceptional, and temporary

measures to regularize the migration status of foreigners. Validity: 180 days after publication.” This applies

to people whose migration status is irregular, whether they are foreigners who have overstayed the term of

the stay granted by the migration authority or foreigners who have entered the national territory irregularly

because they have not complied with immigration controls.

Acuerdo de Regularización Migratoria entre la República del Perú y la República de Bolivia

Resolución Legislativa Nº 27.857 que Aprueba el Acuerdo de Regularización Migratoria entre la

República del Perú y la República de Bolivia

Convenio de Migración entre la República del Perú y la República de Argentina (1998) y Protocolo

Adicional al Convenio de Migración entre la República del Perú y la República Argentina suscrito el 16

de diciembre de 2002 (Art. 2)

Acuerdo para Regularizar la Situación Laboral y Migratoria de Nacionales del Perú y del Ecuador en la

Región de Integración Fronteriza Ampliada, ratiﬁcado mediante Decreto Supremo No. 012-2007-RE

Resolución Directoral Nº 000084-2011-IN/1601 que Aprueba el Instructivo de Regularización de

Permanencia de los Ciudadanos de Nacionalidad Ecuatoriana

Decreto Supremo Nº 002-2017-IN Aprueban Lineamientos para el Otorgamiento del Permiso Temporal

de Permanencia para las Personas de Nacionalidad Venezolana

Decreto Supremo Nº 023-2017-IN Aprueban Lineamientos para el Otorgamiento del Permiso Temporal

de Permanencia para las Personas de Nacionalidad Venezolana

Decreto Supremo Nº 001-2018-IN Aprueban Lineamientos para el Otorgamiento del Permiso Temporal

de Permanencia para las Personas de Nacionalidad Venezolana

Decreto Supremo N° 010-2020-IN que Aprueba Medidas Especiales, Excepcionales y Temporales para

Regularizar la Situación Migratoria de Extranjeros y Extranjeras

Resolución Ministerial Lineamientos para el Otorgamiento y Prórroga de la Calidad Migratoria

Humanitaria

257

PERU - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

According to art. 9 of the Legislative Decree on Migration, the “State recognizes that foreigners enjoy and

exercise the fundamental rights established in the Political Constitution of Peru, such as access to

healthcare, education, and work on an equal basis with nationals, notwithstanding for the prohibitions and

limitations established in the regulations in force.” On the matter of the limitations, Supreme Decree No.

007-2017-IN (Migration Regulations) states that foreigners in the tourism innovation category “cannot work

or perform remunerated or gainful activities.” Generally speaking, those in other migration are allowed to

work although there are exceptions, such as aid workers or diplomats. Nationals of the countries to which

the MERCOSUR Residence Agreement or Andean Migration Statute apply also have the right to work. These

countries are Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Peru, and Uruguay.

Decreto Legislativo N° 1350 de Migraciones (Art. 9)

Reglamento del Decreto Legislativo N° 1350, Decreto Legislativo de Migraciones (Arts. 77, 80-98)

Decisión 878 Estatuto Migratorio Andino (Art. 20)

Acta de Adhesión de la República del Perú al Acuerdo sobre Residencia para Nacionales de los Estados

partes del Mercosur, Bolivia y Chile

Right to healthcare

Permitted for all migrants even those without a permit

According to art. 9 of the Legislative Decree on Migration, the “State recognizes that foreigners enjoy and

exercise the fundamental rights established in the Political Constitution of Peru, such as access to healthcare

on an equal basis with nationals, notwithstanding the prohibitions and limitations established in the

regulations in force.” In line with this, Supreme Decree No. 007-2017-IN (Migration Regulations) establishes

that the Ministry of Health will issue standards and establish the necessary measures to guarantee

foreigners access to public health services, even if their migration status is irregular. Furthermore, one of

the speciﬁc objectives of the 2017–2025 National Migration Policy adopted through Supreme Decree No.

015-2017 RE is to “implement initiatives that guarantee foreign migrants in Peru access to education,

healthcare, and social services, regardless of their legal migration status.”

Decreto Legislativo N° 1350 de Migraciones (Art. 9)

Reglamento del Decreto Legislativo N° 1350, Decreto Legislativo de Migraciones (Art. 7)

Decreto Supremo Nº 015-2017-RE que Aprueba la Política Nacional Migratoria (1.4.5.4 Lineamientos)

258

Right to education

Permitted for all migrants even those without a permit

According to art. 9 of the Legislative Decree on Migration, the “State recognizes that foreigners enjoy and

exercise the fundamental rights established in the Political Constitution of Peru, such as access to

healthcare, education, and work on an equal basis with nationals, notwithstanding for the prohibitions and

limitations established in the regulations in force.” In relation to this, art. 8 of Supreme Decree No.

007-2017-IN (Migration Regulations) states that the Ministry of Education will issue standards and establish

the necessary measures to guarantee foreigners access to public education services, even if their migration

status is irregular. Furthermore, Supreme Decree No. 015-2017 RE, which approves the 2017–2025 National

Migration Policy, includes the following in its guidelines: “implement[ing] initiatives that guarantee foreign

migrants in Peru access to education, healthcare, and social services, regardless of their legal migration

status.”

Decreto Legislativo N° 1350 de Migraciones (Art. 9)

Reglamento del Decreto Legislativo N° 1350, Decreto Legislativo de Migraciones (Art. 8)

Decreto Supremo Nº 015-2017-RE que Aprueba la Política Nacional Migratoria (1.4.5.4 Lineamientos.)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

In accordance with art. 38 of the Legislative Decree on Migration, for the purposes of family unity, “the

nuclear family is made up of the following people: a. The spouse or common-law spouse, as per the

provisions of the Civil Code b. Minor children c. Unmarried adult children of up to 28 years of age who are

pursuing technical or higher education d. Unmarried children who are unable to support themselves due to a

proven physical or mental disability e. Minor children of the spouse or common-law spouse d. Unmarried

children of the spouse or common-law spouse who are unable to support themselves due to a proven

physical or mental disability g. Parents h. Parents of the spouse or common-law spouse.

Decreto Legislativo N° 1350 de Migraciones (Arts. V, 37-38)

Reglamento del Decreto Legislativo N° 1350, Decreto Legislativo de Migraciones (Arts. 89. 93)

Right to permanent residence

Preferences for regional migrants and based on other factors

As a general rule, permanent residence is granted to foreigners after they have resided in the country

legally for three years. Both the MERCOSUR Residence Agreement and the Andean Migration Statute allow

temporary residence (up to two years) to become permanent by petitioning the immigration authority in the

ninety (90) days before their temporary residence permit expires and by providing certain documents. This

beneﬁts nationals of Argentina, Brazil, Chile, Paraguay, and Uruguay, through the MERCOSUR Residence

Agreement. This agreement also beneﬁts nationals of Bolivia, Colombia, and Ecuador, as does the Andean

Migration Statute.

Decreto Legislativo N° 1350 de Migraciones (Arts. 29.2(m), 33, 67, 93)

Decisión 878 Estatuto Migratorio Andino (Art. 22)

259

Right to Vote

Permitted in Local Elections

Art. 7 of Municipal Elections Law No. 26864 states that “foreigners over 18 years of age who have resided in

the country for more than two continuous years before the election are entitled to vote in elections and be

elected, except in border municipalities, as long as they have registered with the corresponding electoral

registry.”

Ley N° 26.864 de Elecciones Municipales (Art. 7)

260

SURINAME

261

SURINAME - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: March 15, 1984

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: December 28, 1976

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: December 28, 1976

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: March 01, 1993

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: November 16, 2021

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: March 01, 1993

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Not Ratiﬁed

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

262

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: March 29, 2017

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: November 29, 1978

Suriname ﬁled a declaration of succession regarding the Geneva Convention on November 19, 1978

(excluding the reservations expressed by the Netherlands), in force with retroactive eﬀect from November

25, 1975. On the basis of domestic Surinamese immigration law, refugees are entitled to a permanent

residence permit when they have been admitted to Suriname.

Aliens Act 1991 (S.B. 1992, no. 3) (Arts. 6, 10)

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: November 29, 1978

Suriname ﬁled a declaration of succession regarding the Geneva Convention on November 19, 1978

(excluding the reservations expressed by the Netherlands), in force with retroactive eﬀect from November

25, 1975. On the basis of domestic Surinamese immigration law, refugees are entitled to a permanent

residence permit when they have been admitted to Suriname.

Aliens Act 1991 (S.B. 1992, no. 3) (Arts. 6, 10)

Convention relating to the Status of Stateless Persons, 28 September 1954

Not Ratiﬁed

Three provisions enshrined in the Aliens Decree 1995 concerning refugee rights are also applicable to

stateless persons. In art. 1(g), the Aliens Decree 1995 deﬁnes a stateless person as a person considered

stateless by the 1954 Convention. This concerns the right not to be deported while an application for

residence rights or appeal is pending and the fact that the extension of a granted residence right may only

be refused on a limited number of grounds.

Aliens Decree 1995 (S.B. 1995 no. 85) (Art. 61)

Convention on the Reduction of Statelessness, 30 August 1961

Not Ratiﬁed

Three provisions enshrined in the Aliens Decree 1995 concerning refugee rights are also applicable to

stateless persons. In art. 1(g), the Aliens Decree 1995 deﬁnes a stateless person as a person considered

stateless by the 1954 Convention. This concerns the right not to be deported while an application for

residence rights or appeal is pending and the fact that the extension of a granted residence right may only

be refused on a limited number of grounds.

Aliens Decree 1995 (S.B. 1995 no. 85) (Art. 61)

263

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: May 25, 2007

There is no explicit reference to smuggling in the Migration Act.

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: May 25, 2007

There is no speciﬁc law on human traﬃcking. The matter is regulated in the Criminal Code.

Suriname Penal Code (G.B. 1911 no. 1) (Art. 334)

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

264

SURINAME - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: November 12, 1987

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: February 28, 1990

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Not Ratiﬁed

Suriname is an associate member of MERCOSUR but has not joined the Residence Agreement.

CARICOM Revised Chaguaramas Treaty Free Movement of Skilled Workers, 1 January 2006

Ratiﬁed

CARICOM nationals do not need to apply for work permits in these seven (7) categories listed below:

graduates of all recognized universities artists musicians sportspersons media workers nurses teachers.

Suriname has not ratiﬁed the MERCOSUR Residence Agreement.

Law Qualiﬁed Citizens Caricom 2006 (S.B. 2006 no. 19, as amended by S.B. 2008 no. 29)

265

SURINAME - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 1 countries

Visa is required for nationals of Haití - Los países de ALC, menos Haití, están exentos de los requisitos de

visado o pueden obtener una tarjeta de turista la cual no constituye un visado como tal.

SURINAME - TEMPORARY RESIDENCE

Preferential Access to Residence

For some LAC nationals and some others

CARICOM nationals can acquire a residence permit in the seven (7) categories listed below: graduates of all

recognized universities, artists, musicians, sportspersons, media workers, nurses, and teachers. All other

CARICOM nationals do not need to apply for an Authorization for Temporary Stay (Machtiging tot Kort

Verblijf, or MKV), but are nevertheless required to apply for a residence permit within 14 days after arrival.

Persons of Suriname origin (PSA) who have been granted a PSA document can acquire a permanent

residence permit or a temporary residence permit (for a maximum of two years).

Law Qualiﬁed Citizens Caricom 2006 (S.B. 2006 no. 19, as amended by S.B. 2008 no. 29) (Art. 6)

Law PSA 2014 (S.B. 2014 No. 8) (Arts. 6-7)

English: Guidelines on Admission and Residence of Foreigners of Surinamese Origin (S.B. 2008 no. 93,

as amended by S.B. 2014 no. 15 and S.B. 2016 no. 71) (Arts. 6-7)

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

1 extraordinary regularization has been carried out

This regularization started in September 2017. According to the IOM, there were 3,347 applications for

residence: 1,537 from Haitians, 983 from Chinese nationals, and 229 from Cubans. International

Organization for Migration (IOM), 2021. Suriname Needs Assessment on Migration Governance. IOM. San

José, Costa Rica.

Project Legalisation

International Organization for Migration (IOM), 2021. Suriname Needs Assessment on Migration

Governance. IOM. San José, Costa Rica.

SURINAME - RIGHTS DURING RESIDENCE

266

Right to work

Permitted for some permit categories

Foreign nationals are in principle required to apply for a work permit. Art. 3 of the Work Permit Act states

that a nonnational (regardless of residence status) may not be employed unless he/she has a work permit.

Therefore, they will need both a residence permit and a work permit. Certain categories of CARICOM citizens

(Qualiﬁed CARICOM Citizens) and persons of Surinamese origin (PSA) who have been granted a PSA

document are allowed to work without a work permit.

Law Work Permit Aliens 1981 (SB 1981 no. 162) (Art. 3)

Law Qualiﬁed Citizens Caricom 2006 (S.B. 2006 no. 19, as amended by S.B. 2008 no. 29) (Art. 6)

Law PSA 2014 (S.B. 2014 No. 8) (Arts. 6-7)

English: Guidelines on Admission and Residence of Foreigners of Surinamese Origin (S.B. 2008 no. 93,

as amended by S.B. 2014 no. 15 and S.B. 2016 no. 71) (Arts. 6-7)

Right to healthcare

Not Permitted

All residents (ingezetenen) are required to obtain Basic Health Insurance (Basisgezondheidsverzekering). If a

person has paid employment, their employer is required to pay at least 50% of the premium. An IOM report

states that even though regular residence is not explicitly required for obtaining Basic Health Insurance,

irregular residents might not be able to obtain Basic Health Insurance, as they may be required to provide

identity documents and/or residence documentation during the application process. Suriname has signed

CARICOM’s Protocol on Contingent Rights but not the Declaration of Intent to provisionally apply it.

Law National Basic Health Insurance 2014 (S.B. 2014 no. 114) (Art. 4)

International Organization for Migration (IOM), 2021. Suriname Needs Assessment on Migration

Governance. IOM. San José, Costa Rica. (p. 22)

CARICOM Protocol on Contingent Rights

Right to education

Permitted for Migrants with a residence permit

All resident children are entitled to free primary school education until the age of 12. An IOM report states

that children without a regular migration status can only attend primary school if a caretaker with a regular

status enrolls them. The IOM report also states that resident children whose status is regular are generally

able to attend secondary school. Suriname has signed CARICOM’s Protocol on Contingent Rights but not the

Declaration of Intent to provisionally apply it.

Constitution 1987 (S.B. 1987 no. 38) (Art. 39)

Primary Education Act 1960 (G.B. 1960 no. 108)

International Organization for Migration (IOM), 2021. Suriname Needs Assessment on Migration

Governance. IOM. San José, Costa Rica. (p. 30)

CARICOM Protocol on Contingent Rights

267

Right to family reuniﬁcation

Permitted for Core family (spouse and minor children)

A spouse and a child below the age of 21 who is part of the family unit (gezin) of a Surinamese citizen or a

permanent residence permit holder can acquire residence rights. For a person who has the status of Person

of Suriname Origin (PSA status), a legal partner or a child below the age of 21 can also acquire PSA status.

Law PSA 2014 (S.B. 2014 No. 8) (Art. 5)

Aliens Decree 1995 (S.B. 1995 no. 85) (Art. 16(1))

Right to permanent residence

Preferential access for regional migrants

CARICOM nationals can acquire a permanent residence permit if they fall in the following seven speciﬁed

categories noted below: graduates of all recognized universities, artists, musicians, sportspersons, media

workers, nurses, and teachers. Persons of Suriname origin (PSA) who have been granted a PSA document

can acquire a permanent residence permit or a temporary residence permit (for a maximum of two years).

Nonprivileged migrants can acquire a permanent residence permit at the discretion of the minister.

Law Qualiﬁed Citizens Caricom 2006 (S.B. 2006 no. 19, as amended by S.B. 2008 no. 29) (Art. 6)

Law PSA 2014 (S.B. 2014 No. 8) (Arts. 6-7)

English: Guidelines on Admission and Residence of Foreigners of Surinamese Origin (S.B. 2008 no. 93,

as amended by S.B. 2014 no. 15 and S.B. 2016 no. 71) (Arts. 6-7)

Aliens Act 1991 (S.B. 1992, no. 3) (Arts. 10, 11(1))

Aliens Decree 1995 (S.B. 1995 no. 85) (Art. 16 (2))

Right to Vote

Not permitted for any migrants

Persons with Person of Surinamese Origin status (PSA Status) are excluded from electoral rights until they

acquire Surinamese citizenship (art. 7of the PSA Law of 2014). Foreigners do not have the right to vote.

Constitution 1987 (S.B. 1987 no. 38) (Art. 57)

268

SURINAME - NATIONALITY

Ius soli (birth in the territory of the country)

Not Automatic

Jus soli is granted if the child would become stateless because it does not have another nationality.

Law for the Regulation of the Surinamese nationality and the Residence S.B.1975 no.4, as amended

(Art. 3)

Ius Sanguinis (descent, born abroad)

Automatic

Nationality is automatically granted if the father or mother held Surinamese nationality at the time of the

child’s birth.

Law for the Regulation of the Surinamese nationality and the Residence S.B.1975 no.4, as amended

(Art. 3)

Dual Citizenship Permitted for nationals naturalizing abroad

Not Permitted

Surinamese nationality is lost by acquiring another nationality.

Law for the Regulation of the Surinamese nationality and the Residence S.B.1975 no.4, as amended

(Arts. 8, 11)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Under art. 8 of the law, certain categories of foreigners who become naturalized Surinamese nationals are

not required to give up their previous nationality.

Law for the Regulation of the Surinamese nationality and the Residence S.B.1975 no.4, as amended

(Arts. 8, 11)

Naturalization

Permitted

Applicants must have been resident in Suriname for the ﬁve years immediately preceding the application.

The granting of nationality is discretionary.

Law for the Regulation of the Surinamese nationality and the Residence S.B.1975 no.4, as amended

(Art. 8)

269

TRINIDAD AND TOBAGO

270

TRINIDAD AND TOBAGO - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: October 04, 1973

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: December 21, 1978

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: December 08, 1978

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: January 12, 1990

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Not Ratiﬁed

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: December 05, 1991

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Not Ratiﬁed

Trinidad ratiﬁed ILO C097—Migration for Employment Convention (Revised), 1949 (No. 97) on May 24, 1963.

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

271

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: June 25, 2015

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: November 10, 2000

There is no refugee law in Trinidad and Tobago. There is only a policy document on the matter that was

adopted in 2014. The subsidiary law which applies is the 1976 Immigration Act.

A Phased Approach towards the Establishment of a National Policy to address Refugee and Asylum

Matters in the Republic of Trinidad and Tobago (Refugee Policy)

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: November 10, 2000

There is no refugee law in Trinidad and Tobago. There is only a policy document on the matter that was

adopted in 2014. The subsidiary law which applies is the 1976 Immigration Act.

A Phased Approach towards the Establishment of a National Policy to address Refugee and Asylum

Matters in the Republic of Trinidad and Tobago (Refugee Policy)

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: April 11, 1966

Trinidad and Tobago does not have a law on statelessness.

Convention on the Reduction of Statelessness, 30 August 1961

Not Ratiﬁed

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: November 06, 2007

There is no speciﬁc law on human traﬃcking in Trinidad and Tobago. The matter is regulated in Immigration

Act.

Immigration Act (Sec. 40(h))

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: November 06, 2007

Traﬃcking in Persons Act

272

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Not Endorsed

Trinidad did not vote in the UN General Assembly when the Compact was adopted.

The Global Compact on Refugees, 17 December 2018

Endorsed

TRINIDAD AND TOBAGO - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Not Ratiﬁed

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Contentious Jurisdiction Inter-American Court of Human Rights

Not Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

CARICOM Revised Chaguaramas Treaty Free Movement of Skilled Workers, 1 January 2006

Ratiﬁed

TRINIDAD AND TOBAGO - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 3 countries

Visa is required for nationals of Bolivia, Haití, Venezuela - Última enmienda 17 de junio 2019

273

TRINIDAD AND TOBAGO - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

Some CARICOM nationals from all CARICOM Member States except the Bahamas but including those from

Haiti have the right to reside in Trinidad and Tobago if they have certain qualiﬁcations (e.g. a degree from

the University of the West Indies, the University of Technology, Jamaica, or the University of Guyana,

designated as a bachelor’s, master’s or doctor’s degree or (b) a degree of doctorandus, meester, licentiatus,

or doctor from the University of Suriname or (c) any university degree which is recommended by the

University of the West Indies to be at least comparable in academic standing or if they are an artist, a

musician, a sportsperson, or a media worker. Non-CARICOM nationals can obtain a residence permit if by

reason of their education, occupational qualiﬁcations, personal history, employment record, training, skills,

or other special qualiﬁcations they have established or are likely to be able to establish themselves

successfully in Trinidad and Tobago in a profession, trade, self-operating business, or agricultural enterprise

and have suﬃcient means of support to maintain themselves and their immediate family in Trinidad and

Tobago.

Immigration (Caribbean Community Skilled Nationals) Act (Secs. 3, 8, 9(a))

Immigration Act (Sec. 6(1)(a))

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

1 extraordinary regularization has been carried out

In 2019, the government implemented a process to exempt Venezuelan nationals, including those who were

irregularly present in the country, from the requirement of obtaining a work permit to engage in

employment in Trinidad and Tobago. This was initially valid until July 31, 2020, and later extended until the

end of 2020. Approximately 16,500 Venezuelans registered. In 2021, the government extended the period of

exemption until December 31, 2021.

Immigration (Exemption From Work Permit) Order, 2019

Immigration (Exemption From Work Permit) (Amendment) Order, 2020

Immigration (Exemption from Work Permit) (Venezuelan Nationals) Order, 2021

TRINIDAD AND TOBAGO - NATIONALITY

274

Ius soli (birth in the territory of the country)

Automatic

Citizenship is not granted via jus soli if the person is born to a foreign diplomat and neither parent is a

citizen, or one of the parents is an enemy alien and the child is born in a place then under occupation by the

enemy.

The Constitution of the Republic of Trinidad and Tobago (Sec. 17(1), (2))

Ius Sanguinis (descent, born abroad)

Automatic

Citizenship is granted if the person is born abroad to a citizen who acquired their nationality other than by

descent. If the person is born to a citizen by descent, they need to be registered by a parent while the

person is a minor, or by the person themselves within one year of reaching the age of majority. The person

loses citizenship if they do not swear an oath of allegiance within one year of reaching the age of majority.

The Constitution of the Republic of Trinidad and Tobago (Sec. 17(3))

Citizenship of the Republic of Trinidad and Tobago Act (Secs. 5, 8)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Citizens by birth or by descent do not lose their citizenship if they obtain that of another country, but not

those by naturalization or registration.

Citizenship of the Republic of Trinidad and Tobago Act (Sec. 11(2)(D))

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those wishing to acquire Trinidadian and Tobagonian nationality through naturalization are not required to

give up their previous nationality.

Citizenship of the Republic of Trinidad and Tobago Act (Sec. 12)

Naturalization

Permitted

The minister may grant a certiﬁcate of naturalization to those who: 1. Have resided in Trinidad and Tobago

for the last 12 months before applying. 2. Have resided in Trinidad and Tobago for the seven years

immediately preceding the said period of 12 months or have been on government service, or have combined

periods of residence and service for periods amounting in total to not less than ﬁve years. 3. Have

knowledge of English and of the duties of a citizen of Trinidad and Tobago, good character, and swear an

oath of allegiance. The residence period is ﬁve years for Commonwealth citizens, citizens of the Republic of

Ireland, and British protected persons.

Citizenship of the Republic of Trinidad and Tobago Act (Secs. 7, 12)

275

TRINIDAD AND TOBAGO - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Some CARICOM nationals from all CARICOM Member States, except the Bahamas, have the right to reside in

Trinidad and Tobago if they fall under certain categories of skilled workers. Non-CARICOM nationals, except

for some limited exceptions like permanent residents, need to apply for a work permit, and the minister has

the discretion to grant the permit or not.

Immigration (Caribbean Community Skilled Nationals) Act (Sec. 3(3))

Immigration Regulations, 1974 (Sec. 10)

Right to healthcare

Not Permitted

The Immigration Act and the Constitution remain silent on access to healthcare. According to an IOM report,

this is available to foreigners under the same conditions as nationals. Regarding CARICOM nationals,

Trinidad and Tobago has signed the Declaration of Intent to provisionally apply the Protocol on Contingent

Rights. This Protocol includes, in the built-in agenda of rights which Member States undertake to extend

through a phased approach, the right to access primary healthcare on a nondiscriminatory basis for the

principal beneﬁciary resident, spouse, and dependents. There is no indication that Trinidad has extended

this provision to CARICOM nationals.

International Organization for Migration (2018), Migration Governance in the Caribbean. Report on the

Island States of the Commonwealth Caribbean (p. 64)

Right to education

Permitted for Migrants with a residence permit

The Immigration Act remains silent on this matter, but it is regulated in the Education Act without apparently

making any distinction between nationals and foreigners. According to UNHCR, Venezuelan children are

having problems accessing the education system:

https://www.r4v.info/en/document/education-sector-background-notes-caribbean

Education Act (Sec. 76)

276

Right to family reuniﬁcation

Permitted for Extended family (other family members)

Some CARICOM nationals falling under the rules on the free movement of workers can have their spouse and

dependents residing with them. Dependents mean: (a) a child or stepchild under the age of 18 (b) a child

over the age of 18 and wholly dependent on that person for his subsistence (c) a parent and a grandparent

wholly dependent on that person for their subsistence non-CARICOM nationals can have certain family

members joining them—particularly the spouse, parents, or grandparents. Also, according to section 5(e) of

the Immigration Act: “the child of a person who is a citizen of Trinidad and Tobago or who by virtue of this

section is a resident provided that such child is a minor or is dependent on and living with his parents.”

Immigration (Caribbean Community Skilled Nationals) Act (Secs. 2, 10)

Immigration Act (Secs. 5-6)

Right to permanent residence

Preferences for regional migrants and based on other factors

Some CARICOM nationals from all CARICOM Member States except the Bahamas have the right to

permanent residence in Trinidad and Tobago if they have certain qualiﬁcations as CARICOM skilled workers.

Non-CARICOM nationals who become residents if they fulﬁll certain conditions, such as having certain

education or occupational qualiﬁcations, only lose that permit if they voluntarily reside outside Trinidad and

Tobago for a continuous period of one year, unless they obtain a certiﬁcate from the Minister in the

prescribed form exempting them from this provision.

Immigration (Caribbean Community Skilled Nationals) Act (Sec. 3(1))

Immigration Act (Sec. 7)

Right to Vote

Permitted in all elections (local and national)

A Commonwealth citizen can vote in a parliamentary election, a municipal council election, or the Tobago

House of Assembly election if they have resided in Trinidad and Tobago for a period of at least one year

immediately preceding the qualifying date and they have been a resident in Trinidad and Tobago within the

meaning of section 5(1) of the Immigration Act for that same period. Non-Commonwealth citizens are

qualiﬁed to be an elector for an electoral district at a municipal council if they have been resident for ﬁve

years.

Representation of the People Act (Secs. 12-13)

277

URUGUAY

278

URUGUAY - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: August 30, 1968

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: April 01, 1970

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: April 01, 1970

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: October 09, 1981

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: October 24, 1986

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: November 20, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: February 15, 2001

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Ratiﬁed: March 04, 2009

279

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: February 11, 2009

Geneva Convention relating to the Status of Refugees, 28 July 1951

Ratiﬁed: September 22, 1970

Ley 18076 de Refugiados

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: September 22, 1970

Ley 18076 de Refugiados

Convention relating to the Status of Stateless Persons, 28 September 1954

Ratiﬁed: April 02, 2004

Ley 19682 Aprobación de Normas para el Reconocimiento y Protección al Apátrida

Convention on the Reduction of Statelessness, 30 August 1961

Ratiﬁed: September 21, 2001

Ley 19682 Aprobación de Normas para el Reconocimiento y Protección al Apátrida

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: March 04, 2005

Ley 19643 de Prevención y Combate de la Trata de Personas (Art. 4)

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: March 04, 2005

Ley 19643 de Prevención y Combate de la Trata de Personas

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

280

URUGUAY - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: March 26, 1985

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Ratiﬁed: November 21, 1995

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Internalized

Ley 18076 de Refugiados (Art. 2(b))

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Ratiﬁed

Ley 17927 Aprobación de los Acuerdos sobre Residencia para Nacionales de los Estados Partes del

MERCOSUR, Bolivia y Chile

URUGUAY - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 3 countries

Visa is required for nationals of República Dominicana, Haití, Surinam - Última modiﬁcación 14 de febrero

2019

281

URUGUAY - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

All nationals of the 11 countries in South America have the right to obtain permanent residence in Uruguay

directly.

Ley N° 19254 Residencia Permanente en la República (Arts. 1, 2)

Ley 18.250 de Migración (Art. 34)

Permanent Regularization Mechanisms

Available

In the circumstances set out in para. A), B), and C) of art. 51 of this law, the National Department of

Immigration must ﬁrst instruct the person in question to regularize their status in the country within a

reasonable period, under penalty of expulsion, taking into account their speciﬁc circumstances—including

whether they are in a relationship with a national, and their personal and social conditions.

Ley 18.250 de Migración (Art. 52)

Extraordinary Mechanisms since 2000

1 extraordinary regularization has been carried out

Exceptionally, and for one time only, foreigners who had entered the country irregularly and were still there

when the Migration Act was passed could be granted legal residence in the country, provided they complied

with the requirements set out in the regulations. Art. 6 of the Regulations established the need to prove they

had been resident in the country for seven years to be eligible for regularization.

Ley 18.250 de Migración (Art. 82)

Decreto N° 394/009, Reglamentación de la Ley No. 18.250, Ley de Migraciones (Art. 6)

URUGUAY - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

According to art. 16 of the Migration Act: “Migrants shall enjoy equal treatment with nationals with regard to

employment activity.”

Ley 18.250 de Migración (Arts. 8, 16, 19)

282

Right to healthcare

Permitted for all migrants even those without a permit

Art. 8 of the Migration Act states that migrants and their families have the right to healthcare: Furthermore,

art. 9 establishes that: “Under no circumstances shall irregular migration status prevent a foreigner from

having free access to justice and health facilities.”

Ley 18.250 de Migración (Arts. 8, 9)

Right to education

Permitted for all migrants even those without a permit

Art. 8 of the Migration Act states that migrants and their families have the right to education on an equal

footing with nationals: Furthermore, art. 11 states that: “The children of migrants shall enjoy the

fundamental right of access to education on an equal footing with nationals. Migrant workers’ children may

not be denied access to public or private educational establishments or have this access limited on the

grounds that their parents’ status is irregular.”

Ley 18.250 de Migración (Arts. 8, 11)

Right to family reuniﬁcation

Permitted for Extended family (other family members)

The Uruguayan State guarantees migrants the right to family reuniﬁcation with spouses and minor children

and with the following members of the extended family: parents, common-law spouses, and adult children

with disabilities.

Ley 18.250 de Migración (Art. 10)

Right to permanent residence

Preferences for regional migrants and based on other factors

Nationals of MERCOSUR member and associate countries may obtain permanent residence directly. This

applies to nationals of the remaining 11 South American countries. Spouses, common-law spouses, parents,

siblings, and grandchildren of Uruguayans may also obtain permanent residence directly by providing proof

of such relationships. So can people who have been granted refugee status. All other foreigners must meet

certain conditions.

Ley 18.250 de Migración (Art. 33)

Decreto N° 394/009, Reglamentación de la Ley No. 18.250, Ley de Migraciones (Art. 9)

Acuerdo entre la República Oriental del Uruguay y la República Federativa del Brasil sobre Residencia

Permanente con el Objetivo de Alcanzar la Libre Circulación de Personas (Art. 2)

283

Right to Vote

Permitted in all elections (local and national)

Foreigners who show good conduct, have a family based in Uruguay, who have invested capital in the

country or who own property there, and pursue an occupation, science, or art, and have been habitually

resident in the country for at least 15 years have the right to vote, without needing to ﬁrst obtain legal

citizenship. Proof of residence shall be based on a public or private instrument the date of which has been

veriﬁed. If the competent authority ﬁnds the proof to be satisfactory, the foreigner shall be authorized to

vote as soon as they register to do so, for which they need to present the authorization that they are issued

for this purpose.

Constitución de la República Oriental del Uruguay (Art. 78)

284

URUGUAY - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Jus soli is absolute.

Constitución de la República Oriental del Uruguay (Art. 74)

Ius Sanguinis (descent, born abroad)

Not Automatic

A person born abroad that is the child or grandchild of a Uruguayan citizen and establishes residence in

Uruguay.

Constitución de la República Oriental del Uruguay (Art. 74)

Ley 16.021 Consideración de Ciudadanía Natural. Interpretación del Artículo 74 de la Constitución (Art.

Ley Nº 19.362 Ciudadanía Natural (Art. 1)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Uruguayan nationality is not lost if the person acquires the nationality of another country. Legal citizenship

is lost if the person subsequently becomes a naturalized citizen of another country.

Constitución de la República Oriental del Uruguay (Art. 81)

Dual Citizenship Permitted for foreigners naturalizing in host country

Not Permitted

Foreigners cannot acquire Uruguayan nationality but can instead only obtain legal citizenship, thus they are

not permitted to hold dual nationality.

Constitución de la República Oriental del Uruguay (Art. 75)

Naturalization

Not Permitted

Foreigners cannot become naturalized Uruguayan citizens. The only status they can obtain is so-called legal

citizenship. To do so, they must reside in the country for ﬁve years (three years if they have a family) and

meet other requirements such as being employed and showing good conduct.

Constitución de la República Oriental del Uruguay (Art. 75)

285

VENEZUELA

286

VENEZUELA - INTERNATIONAL INSTRUMENTS

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 21

December 1965

Ratiﬁed: October 10, 1967

International Covenant on Civil and Political Rights (ICCPR), 16 December 1966

Ratiﬁed: May 10, 1978

International Covenant on Economic, Social and Cultural Rights (ICESCR), 16 December 1966

Ratiﬁed: May 10, 1978

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18

December 1979

Ratiﬁed: May 02, 1983

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT), 10 December 1984

Ratiﬁed: July 29, 1991

Convention on the Rights of the Child (CRC), 20 November 1989

Ratiﬁed: September 13, 1990

International Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families (ICMW), 18 December 1990

Ratiﬁed: October 25, 2016

International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20

December 2006

Not Ratiﬁed

287

Convention on the Rights of Persons with Disabilities (CRPD), 13 December 2006

Ratiﬁed: September 24, 2013

Geneva Convention relating to the Status of Refugees, 28 July 1951

Not Ratiﬁed

Venezuela has not ratiﬁed the 1951 Convention but has ratiﬁed the 1967 Protocol.

Protocol relating to the Status of Refugees, 31 January 1967

Ratiﬁed: September 19, 1986

Venezuela has not ratiﬁed the 1951 Convention but has ratiﬁed the 1967 Protocol.

Ley Orgánica sobre Refugiados o Refugiadas y Asilados o Asiladas

Convention relating to the Status of Stateless Persons, 28 September 1954

Not Ratiﬁed

Convention on the Reduction of Statelessness, 30 August 1961

Not Ratiﬁed

Protocol against the Smuggling of Migrants by Land, Sea and Air, 12 December 2000

Ratiﬁed: April 15, 2005

There is no speciﬁc law on human traﬃcking in Venezuela, but the issue is covered by the Law on Migration

and Aliens and the Organic Law on Organized Crime and the Financing of Terrorism.

Ley de Extranjería y Migración 37.944 (Art. 52)

Ley Orgánica contra la Delincuencia Organizada y Financiamiento al Terrorismo (Art. 42)

Protocol to Prevent, Suppress and Punish Traﬃcking in Persons Especially Women and Children, 12

December 2000

Ratiﬁed: May 13, 2002

There is no speciﬁc law on human traﬃcking in Venezuela but the issue is covered by the law on organized

crime.

Ley Orgánica contra la Delincuencia Organizada y Financiamiento al Terrorismo (Art. 41)

288

The Global Compact for Safe, Orderly and Regular Migration, 19 December 2018

Endorsed

The Global Compact on Refugees, 17 December 2018

Endorsed

VENEZUELA - REGIONAL INSTRUMENTS

American Convention on Human Rights, 22 November 1969

Ratiﬁed: July 01, 2019

Venezuela opposed Convention in 2013 but ratiﬁed it again in 2019.

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social

and Cultural Rights "Protocol of San Salvador", 17 November 1988.

Not Ratiﬁed

Contentious Jurisdiction Inter-American Court of Human Rights

Ratiﬁed

Implementation Cartagena Declaration 1984

Not Internalized

Agreement on Residence for MERCOSUR Member States’ Nationals, 06 December 2002

Not Ratiﬁed

Venezuela has been suspended as a member of MERCOSUR. In any case, it has not ratiﬁed the MERCOSUR

Residence Agreement.

289

VENEZUELA - VISA-FREE ENTRY

Number of LAC countries whose nationals require a visa to enter

Visa required for nationals of 11 countries

Visa is required for nationals of Bahamas, El Salvador, Guyana, República Dominicana, Haití, Honduras,

Guatemala, Surinam, Perú, Chile, Panamá

Resolución Conjunta 234, 429, mediante la que se Concede el Beneﬁcio de Excepción de Visado de no

Migrante (Turista) para los Nacionales de la República de Nicaragua (Art. 1)

Resolución Conjunta Nº 080, 096, mediante la cual se Excluye a la República de Guatemala del

Listado de Países Beneﬁciados de Supresión de Visas de No Migrantes (Turistas) en Pasaportes

Ordinarios (Art. 1)

Resolución N° 116 Supresión de Visas de No Migrantes (Turistas) en Pasaportes Ordinarios (Art. 1)

Resolución Conjunta 128, 195, por la cual se Excluye a la República del Perú del Listado de Países

Beneﬁciarios con la Supresión de Visas de no Migrantes (Turistas) en Pasaportes Ordinarios (Art. 1)

Resolución Conjunta 127, 195, por la cual se Excluye a la República de Chile del Listado de Países

Beneﬁciarios con la Supresión de Visas de no Migrantes (Turistas) en Pasaportes Ordinarios (Art. 1)

Resolución Conjunta Nº 090, 281, mediante la cual se Excluye a la República de Panamá del Listado

de Países Beneﬁciados de Supresión de Visas de No Migrantes (Turistas) en Pasaportes Ordinarios

(Art. 1)

290

VENEZUELA - TEMPORARY RESIDENCE

Preferential Access to Residence

Only for some LAC nationals

The only exceptions are Ecuadorian nationals, who can obtain a temporary residence permit that can later

be made permanent, as per the bilateral agreement between the two countries. Nationals of all other

countries have to apply for residence permits.

Estatuto Migratorio entre la República del Ecuador y la República Bolivariana de Venezuela (Art. 4)

Ley de Extranjería y Migración 37.944 (Art. 16)

Permanent Regularization Mechanisms

Not Available

Extraordinary Mechanisms since 2000

3 extraordinary regularizations have been carried out

There have been three extraordinary regularization processes. The ﬁrst took place in 2004 and included all

foreigners who were eligible for regularizing their status and, in some cases, obtaining nationality. The

second program took place in 2010, was only for Ecuadorians, was included in the Migratory Statute signed

between both countries, and lasted 180 days. The third was for Peruvian citizens in 2013.

Decreto N° 3.041 mediante el cual se dicta la Reforma Parcial del Reglamento para la Regularización

y Naturalización de los Extranjeros y las Extranjeras que se encuentren en el Territorio Nacional

Estatuto Migratorio entre la República del Ecuador y la República Bolivariana de Venezuela (Art. 16)

Resolución 109/13 Facilitar la Regularización de los Ciudadanos y Ciudadanas de nacionalidad

peruana en la República Bolivariana de Venezuela

VENEZUELA - RIGHTS DURING RESIDENCE

Right to work

Permitted for some permit categories

Foreigners who wish to work must obtain work permits from the ministry with jurisdiction over the ﬁeld in

question. The applicant must initiate the procedure for obtaining this permit themselves through their

employer in Ecuadorian territory. Some employment categories are exempted from having to obtain labor

permits, such as scientists for periods not exceeding 90 days.

Ley de Extranjería y Migración 37.944 (Arts. 16, 17)

291

Right to healthcare

Permitted for all migrants even those without a permit

Art. 13 of the Aliens Act establishes that foreigners have the same rights as nationals with no limitations

other than those established in the Constitution and laws. Furthermore, art. 2 of the Aliens Act states that its

provisions apply to “foreigners who are in the Ecuadorian territory, regardless of their migration status.” Art.

83 of the Constitution establishes that all people have the right to health.

Ley de Extranjería y Migración 37.944 (Arts. 2, 13)

Constitución de la República Bolivariana de Venezuela (Art. 83)

Right to education

Permitted for all migrants even those without a permit

Art. 13 of the Aliens Act establishes that foreigners have the same rights as nationals with no limitations

other than those established in the Constitution and laws. Furthermore, art. 2 of the Aliens Act states that its

provisions apply to “foreigners who are in the Ecuadorian territory, regardless of their migration status.” Art.

103 of the Constitution establishes the right to comprehensive, quality, continuing education, with equal

opportunities and on an equal basis, with no limitations other than those that derive from individuals’

aptitudes, vocation, and aspirations.

Ley de Extranjería y Migración 37.944 (Arts. 2, 13)

Constitución de la República Bolivariana de Venezuela (Art. 103)

Right to family reuniﬁcation

Not permitted

Ecuadorian nationals may be reunited with their spouse or common-law spouse, children under the age of

18, or adults with diﬀerent abilities, and parents. The law does not set out any speciﬁc procedures for other

foreigners wishing to reunite with their families and the regulations for the law have not been adopted. Art.

13 of the law establishes equal treatment with nationals and art. 75 of the Constitution establishes the right

to family unity.

Estatuto Migratorio entre la República del Ecuador y la República Bolivariana de Venezuela (Art. 8)

Ley de Extranjería y Migración 37.944 (Art. 13)

Constitución de la República Bolivariana de Venezuela (Art. 75)

Right to permanent residence

Preferential access for regional migrants

Ecuadorian nationals may apply for permanent residence status if they can prove they have the means to

support themselves and meet other requirements. Nationals of other countries have to apply for a

permanent residence permit to be able to stay indeﬁnitely, although the law does not establish the

requirements for obtaining this because the regulation of the law has not been passed yet.

Estatuto Migratorio entre la República del Ecuador y la República Bolivariana de Venezuela (Art. 8)

Ley de Extranjería y Migración 37.944 (Art. 6)

292

Right to Vote

Permitted in Local Elections

Foreigners who have resided in the country for 10 years may vote in municipal and regional elections.

Constitución de la República Bolivariana de Venezuela (Art. 64)

293

VENEZUELA - NATIONALITY

Ius soli (birth in the territory of the country)

Automatic

Jus soli is automatic.

Ley de Nacionalidad y Ciudadanía (Art. 9)

Constitución de la República Bolivariana de Venezuela (Art. 32)

Ius Sanguinis (descent, born abroad)

Automatic

Jus sanguinis is absolute if both parents are Venezuelan by birth. If only one of the parents is Venezuelan by

birth then the person must declare their desire to become a Venezuelan national or establish their residence

within Venezuelan territory. If the parents are Venezuelan by naturalization then the person must establish

their residence in Venezuelan territory before the age of 18 and declare their desire to be a Venezuelan

national before the age of 25.

Ley de Nacionalidad y Ciudadanía (Art. 9)

Constitución de la República Bolivariana de Venezuela (Art. 32)

Dual Citizenship Permitted for nationals naturalizing abroad

Permitted

Venezuelan nationality is not lost upon acquisition of another nationality.

Constitución de la República Bolivariana de Venezuela (Art. 34)

Dual Citizenship Permitted for foreigners naturalizing in host country

Permitted

Those who acquire Venezuelan nationality through naturalization are not required to give up their previous

nationality.

Ley de Nacionalidad y Ciudadanía (Art. 25)

Naturalization

Permitted

Applicants are required to have resided in the country for 10 years unless they are nationals of Spain, Italy,

Portugal, Latin America, or the Caribbean, or have married a Venezuelan national, in which case the

residence requirement is ﬁve years. The procedure is established in the Nationality and Citizenship Act.

Constitución de la República Bolivariana de Venezuela (Art. 33)

Ley de Nacionalidad y Ciudadanía (Arts. 21-35)

Human Mobility Governance Series