Research Directorate, Immigration and Refugee Board of Canada

1. Overview

In correspondence with the Research Directorate, an assistant professor at the University of South Carolina Aiken, whose research focuses on politics in Venezuela, stated that Haitian citizens in Venezuela are facing a "challenging situation" as the immigration process for Haitians to Venezuela does not occur "spontaneously" but it is a "well-articulated process that includes networks" (Assistant Professor 2023-01-19).

2. Legislation
2.1 Requirements and Procedures for Foreign Nationals to Obtain and Maintain Residence Status in Venezuela

The Assistant Professor noted that "[a]s with any other migrant in Venezuela, Haitian citizens must go through several steps" (2023-01-19). In correspondence with the Research Directorate, a senior analyst for International Crisis Group who focuses on the Andes region stated that "on paper, Haitian immigrants have the same rights as those of other nationalities" (Senior Analyst 2023-01-04).

Venezuela's Law on Foreigners and Immigration (Ley de Extranjería y Migración) provides the following:

[translation]

Field of application

Article 2. The provisions of this Law apply to foreign nationals who are in the Republic, regardless of their migration status.

Definition of foreigner and foreigner

Article 3. For the purposes of this Law, a foreigner or alien is any person who is not a national of the Bolivarian Republic of Venezuela.

…

Categories

Article 6. Foreign nationals who wish to enter and remain in the Republic may be admitted in the non-immigrant, temporary migrant and permanent immigrant categories, and will be classified as follows:

1. non-immigrants—those persons who enter the Republic with the purpose of staying no more than ninety (90) days, but do not wish to make it their permanent domicile, nor that of their family, and who, therefore, will not be able to engage in activities involving remuneration or profit. Once this period has elapsed, they will be able to extend their stay by ninety (90) days more.
2. temporary migrants—those persons who enter the Republic with the purpose of staying temporarily, for the duration of the activities that gave rise to their admission.
3. permanent immigrants—those persons who have been authorized to stay indefinitely in the Republic.

…

Requirements for admission

Article 7. Foreigners, for purposes of admission, entry, re-entry and stay in the territory of the Republic, must be in possession of a valid passport in force, with the respective visa or other document authorizing their entry or stay in the territory of the Republic, in accordance with the regulations in this regard or international treaties signed and ratified by the Bolivarian Republic of Venezuela.

Inadmissibility

Article 8. Foreigners who are included in the following categories shall not be admitted to the territory of the Republic:

1. Whose presence may cause a disturbance of domestic public order or compromise the international relations of the Republic, as a consequence of their being wanted by foreign police or judicial authorities in connection with common criminal cases or when they are linked to national and international criminal organizations.
2. Who have been expelled from the territory of the Republic and the prohibition to enter the country remains in force.
3. Who have committed a crime qualified and punished under Venezuelan law, as long as they have not served their sentence or the statute of limitations has not expired in the country where it originated.
4. Who have committed violations of human rights, international humanitarian law or the provisions contained in international instruments to which the Republic is a party.
5. Who are linked with the trafficking of narcotic or psychotropic substances, or carry out related activities.
6. Who suffer from infectious diseases or other diseases that compromise public health.

...

Work authorization

Article 16. Anyone who by virtue of a labor contract must enter the territory of the Republic, shall obtain work authorization from the ministry with competence in the area of labour. The procedure for obtaining the authorization shall be carried out by the foreigner through his employer in the territory of the Republic.

…

Duration of visa

Article 20. The visa authorizing the stay of foreigners in the territory of the Republic shall have the same duration as the work authorization and shall be renewed as long as the circumstances that determined its granting are still in place.

...

Duty of employers of foreign nationals

Article 24. Every employer of a foreigner shall require presentation of identification documents and shall notify the National Registry of Foreigners in writing of the terms and conditions of the labour relationship, as well as the termination thereof, within thirty (30) days following the respective event. In accordance with the provisions established for such purpose in the Regulations of this Law, every employer or contractor of foreign workers must undertake to the competent authority in matters of foreigners and migration, to pay the return ticket of the foreigner and his/her family, if any, to his/her country of origin or last residence, within one month following the termination of the contract. (Venezuela 2004, emphasis in original)

2.2 Rights and Obligations of Foreign Nationals

Articles 13 and 14 of the Law on Foreigners and Immigration provides the following:

[translation]

Rights

Article 13. Foreign nationals in the Republic enjoy the same rights as citizens, and are subject to the same limits as those provided for in the Constitution of the Bolivarian Republic of Venezuela and other applicable laws.

Obligations

Article 14. Foreign nationals in the Republic, without prejudice to the rights and duties provided for in the Constitution of the Bolivarian Republic of Venezuela and other applicable laws, shall be required to:

1. Meet the requirements and conditions for identification, stay and location in Venezuela, in accordance with the legal regime.
2. Present the documents that identify them to the authorities, upon request. These documents cannot be retained by authorities.
3. Register in the National register of foreign nationals of the competent ministry within thirty (30) days of their arrival, in compliance with the provisions of the regulations of this law, when they enter the Republic as a temporary migrant or obtain permanent immigrant status.
4. Provide the civil authorities corresponding to the location of their domicile with the civil status documents duly certified or bearing the respective apostille (theirs and those of their family) and inform them of any change of domicile or residence, in the case of foreign nationals who have obtained temporary or permanent migrant status.
5. Maintain the validity of their visa or any permit that authorizes their residence in the Republic.
6. Report on time when summoned before the competent authority. (Venezuela 2004, emphasis in original)

2.3 Circumstances Leading to the Loss of Residence Status

The Law on Foreigners and Immigration provides the following:

[translation]

Measures

Article 35. In case of non-compliance with the obligations under in this Law, the ministry with competence in matters of foreigners and migration or the delegated official shall have the power to dictate the necessary measures of reprimand, the fines foreseen in Chapter I of this Title or the deportation from the territory of the Republic. For this purpose, a seventy-two (72) hour probationary period shall be declared to determine the type of sanction applicable, according to the seriousness or recidivism of the infraction committed, in the manner determined by the respective regulation and without prejudice to the application of the other rules provided for in this Title.

The person subject to the measure will have a period of five (5) working days to exercise appeals, exemptions and defenses, in accordance with the law of administrative procedures. (Venezuela 2004, emphasis in original)

2.3.1 Deportations and Expulsions

The Law on Foreigners and Immigration provides the following:

[translation]

Deportation. Reasons

Article 38. Foreign nationals in any of the following situations shall be subject to a deportation order from the Republic:

1. Those who enter the Republic and remain there without the corresponding visa;
2. Those who arrived in the Republic to carry out activities subject to obtaining a work permit and do not comply with the said obligation;
3. Those who fail to comply with their obligation to renew their visa within the time limits prescribed by the regulations under this law;
4. Foreign workers who perform work different from that for which they were recruited and do so in a jurisdiction different from that covered by their work permit;
5. Those who have received a fine from the competent authority for their foreign national or immigrant status, two (2) or more times, and show reluctance to settle it.

Article 39. Without prejudice to such sanctions as may be established by other laws, foreigners included in the following categories shall be expelled from the territory of the Republic:

1. Those who have fraudulently obtained or renewed the visa authorizing their entry or stay in the territory of the Republic.
2. Those engaged in the production, distribution or possession of narcotic and psychotropic substances or other related activities.
3. Those who, being legally in the territory of the Republic, promote the legal or illegal entry of another foreigner with false promises of a work contract, promises of visas or work authorization.
4. Anyone who compromises the security and defense of the Nation, disturbs public order or is involved in crimes against human rights, international humanitarian law or the provisions contained in international instruments to which the Republic is a party.

...

Expulsion by reasoned decision

Article 50. The expulsion of foreigners shall be made by means of a written decision, giving reasons, issued by the ministry with competence in matters of foreigners and migration, in which the term for compliance with the expulsion shall be established. (Venezuela 2004, emphasis in original)

2.4 Possibility of Extending or Reacquiring Residence Status if Lost or Expired

The Law on Foreigners and Immigration provides the following:

[translation]

Right to effective judicial protection

Article 15. Foreigners have the right to effective judicial protection in all acts concerning or involving them, as well as in respect of their status as foreigners.

In the administrative procedures established in matters relating to foreigners, the guarantees provided in the Constitution of the Bolivarian Republic of Venezuela and the laws on administrative procedure shall be respected in all cases, especially with regard to the publication of the acts, contradiction, hearing of the interested party and reasons for decisions. (Venezuela 2004, emphasis in original)

2.5 Act Against Racial Discrimination (Ley Orgánica contra la Discriminación Racial)

Venezuela's Act Against Racial Discrimination provides the following:

[translation]

Access to justice

Article 5. Any person or group of persons who have been racially discriminated against, marginalized or violated in one or more of their individual or collective rights, is protected by this Law under conditions of equality. The competent organs of the Public Power have the duty to assist them and all their actions are free of charge and brief.

...

Prohibition of acts of racial discrimination

Article 8. Every person has the right to protection and respect for his honour, dignity, morals and reputation, without distinction as to race, color, lineage or national or ethnic origin that, whether in a direct, indirect or intersectional manner, has the purpose or result of nullifying or impairing the recognition, enjoyment or exercise, under conditions of equality, of the rights and freedoms recognized in the Constitution of the Bolivarian Republic of Venezuela and the international treaties on human rights signed and ratified by the Republic.

For the purposes of this Law and in accordance with the legal system in force, any act of racism, racial discrimination, xenophobia, incitement to racial hatred and related practices that is intended to limit or undermine the recognition, enjoyment and exercise of human rights and freedoms of the person or groups of persons, is prohibited.

...

Gender equality and equity

Article 10. The prevention, attention and eradication of racial discrimination must be developed under conditions of equality and gender equity, respecting individual characteristics and particular needs related to gender diversity, eliminating barriers and without discrimination.

The State, families and society must promote, respect and guarantee gender equality and equity in the prevention, attention and eradication of racial discrimination. To this end, they must adopt all necessary and appropriate measures to ensure that gender equality and equity is real and effective.

...

Definitions

Article 12. For the purposes of this Law, the following definitions shall apply:

1. Racial discrimination: Any distinction, exclusion, restriction, preference, action or omission, based on race, color, lineage or national or ethnic origin that in a direct, indirect or intersectional manner, has the purpose or result of nullifying or impairing the recognition, enjoyment or exercise, on equal terms, of the rights and freedoms recognized in the Constitution of the Bolivarian Republic of Venezuela and the international treaties on human rights signed and ratified by the Republic, in the political, economic, social, cultural or any other sphere of public or private life of the person or groups of persons.
2. Ethnic origin: The ethnic origin of a person or group of persons, characterized by historical, genealogical, cultural and territorial factors.
3. National origin: Nationality of birth or that which the person has acquired due to particular circumstances.
4. Phenotype: Any physical trait observable in a person or group of persons, as a result of the relationship between their genotype and the environment in which they develop, influenced by natural and social aspects.
5. Vulnerable groups: A person or group of persons who, as a result of their ethnic origin, national origin or phenotypic traits, are in circumstances of manifest weakness in the exercise of their rights.
6. Cultural diversity: Refers to the multiplicity of ways in which the cultures of groups and societies express themselves. These expressions are transmitted within and between groups and societies.
   Cultural diversity is manifested not only in the diverse forms in which the cultural heritage of humanity is expressed, enriched and transmitted through the variety of cultural expressions, but also through different modes of artistic creation, production, dissemination, distribution and enjoyment of cultural expressions, whatever the means and technologies used.
7. Racism: Any theory or practice that invokes an intrinsic superiority or inferiority of persons or groups of persons by virtue of their ethnic or cultural origin, which encompasses racist ideologies, attitudes based on racial prejudice, discriminatory behavior, which historically has been manifested through legislative or regulatory provisions, discriminatory practices, and in general by acts that nullify, impair or impede the recognition, enjoyment and exercise, under conditions of equality, of human rights and freedoms of the person or groups of persons. Racism is a mechanism of socio-cultural, ethnic, economic, political and other forms of domination and exploitation.
8. Endorracism: Any action or omission that, as a result of racist socialization and education processes, leads to self-disqualification and disqualification of people of the same cultural horizon, thus reproducing the racism internalized and normalized by the subjects themselves who are the object of discrimination.
9. Xenophobia: Hatred, rejection or hostility towards a person or group of persons of different national origin.

TITLE II

SAFEGUARDS

Chapter I

Positive measures

Mechanisms of articulation

Article 13. The organs of the Public Power and the People's Power must collaborate among themselves, creating spaces for participation in each of their organs and entities, to articulate and execute public policies within the framework of the principles of cooperation and coresponsibility to eradicate racial discrimination, racism, endoracism and xenophobia.

Public safety bodies

Article 14. The organs of citizen security, in accordance with this Law, must create within their structures an instance destined to educate and train their officials, with the purpose of dealing with, preventing and eradicating racial discrimination.

Participation

Article 15. The State guarantees every person or group of persons the right to political, economic, social and cultural participation in all public affairs without racial discrimination, promoting respect for human dignity, cultural diversity, multiethnicity and multiculturalism of the population that constitute Venezuelanity.

Statistical information

Article 16. The National Executive, through its competent organs and entities, shall identify all vulnerable persons and groups for the purpose of their inclusion in population statistics. The inclusion of demographic indicators containing ethnic variables and their disaggregation by gender in public statistics shall be done with the purpose of producing and disseminating timely information on the living conditions of the Venezuelan population, in order to avoid racial discrimination.

Legal standing

Article 17. The person or group of aggrieved persons, the Office of the Ombudsman, the Public Ministry, the National Institute Against Racial Discrimination, as well as associations, collectives, social movements and other representations of the organized popular power, whose lines of action seek the elimination of all forms of discrimination, xenophobia, genocide and other acts against human dignity, have legal standing to exercise administrative and judicial actions in relation to actions or omissions of racial discrimination. (Venezuela 2021, emphasis in original)

2.6 Constitution

Article 33 of Venezuela's Constitution provides the following on citizenship for foreign nationals:

Article 33

Are considered Venezuelans by naturalization:

1. Foreign nationals who obtain a naturalization letter. In order to do so, they must have at least ten years of uninterrupted residence immediately preceding the application date.
   The period of residence shall be reduced to five years in the case of foreign nationals whose original nationality is that of Spain, Portugal, Italy, or a Latin American or Caribbean country.
2. Foreign nationals who marry a Venezuelan, upon declaring their wish to adopt the Venezuelan nationality, which may be done at least five years after the date of marriage.
3. Minors of foreign nationality, on the date of the naturalization of one of his/her parent who exercises parental authority, provided that such minor declares his or her intention of adopting the Venezuelan nationality before reaching the age of 21, and has resided in Venezuela without interruption throughout the five-year period preceding such declaration. (Venezuela 1999)

3. Types of Residence Status
3.1 Non-Immigrant Visa

Information on the non-immigrant visa was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Venezuelan Administrative Service for Identification, Immigration and Foreigners (Servicio Administrativo de Identificación, Migración y Extranjería, SAIME) website, foreign nationals can apply for the non-immigrant visa; the following documents are required:

• the application form available on the SAIME website, filled out;
• an original passport, as well as a copy, which must be valid for at least six months;
• a statement of purpose addressed to the National Director of Foreigner Control;
• a non-immigrant visa stamped in the passport, or, for nationals of countries that do not require a visa, a stamp indicating entry into the country;
• a bank deposit for the processing fee;
• a copy of the return ticket; and
• an entry application form (Venezuela n.d.a).

According to the same source, the procedure costs five tax units (unidades tributarias, UT) [1] [C$0.12], and the visa is valid for 90 days from the date of issue (Venezuela n.d.a).

The Assistant Professor stated the following about the non-immigrant visa:

Foreigners can request it for work, study, family matters, tourism, etc. Those with this resident status for tourism or another reason other than work will not be able to legally carry out paid activities in the country. This visa authorization for the temporary migrant must be granted at a Venezuelan consulate or embassy abroad. (2023-01-19)

3.2 Temporary Immigrant Visa

Information on the temporary immigrant visa was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

The SAIME website indicates that, as stipulated by law, foreign nationals can obtain the temporary immigrant visa by providing the following required documents:

• the application form available on the SAIME website, filled out;
• an original passport, as well as a copy, valid for at least six months;
• a statement of purpose addressed to the National Director of Foreigner Control;
• a non-immigrant visa stamped in the passport, or, for nationals of countries that do not require a visa, a stamp indicating entry to the country;
• a bank deposit for the processing fee;
• a copy of the return ticket; and
• an entry application form (Venezuela n.d.a).

According to the same source, the procedure costs 5 UT, and the visa is valid for one year from the date of issue (Venezuela n.d.a).

The information in the following paragraph was provided by the Assistant Professor:

Foreigners with non-immigrant visas can change their status to become temporary residents. Temporary residence grants foreign nationals the right to reside temporarily in the country for "more than 90 days and less than five years." Temporary residents must apply for a work permit to perform paid activities. This authorization must be processed by SAIME and "[u]sually," people begin this process after a year. Applicants must appear in person 45 "continuous" days before the expiration of the temporary visa (2023-01-19).

3.3 Permanent Immigrant Visa

Information on the permanent immigrant visa was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the SAIME website, as stipulated by law, foreign citizens can obtain a permanent immigrant visa by providing the following required documents:

• the application form available on the SAIME website, filled out;
• an original passport, as well as a copy, valid for at least six months;
• a bank deposit for the processing fee; and
• an entry application form (Venezuela n.d.a).

According to the same source, the procedure costs 5 UT, and the visa is valid for five years from the date of issue (Venezuela n.d.a).

According to the Assistant Professor, permanent residence "[g]rants the right to reside indefinitely within the country" and residents can obtain a work permit to carry out paid activities in Venezuela (2023-01-19).

3.4 Change from Temporary to Permanent Immigrant Status

Information on changing from temporary to permanent immigrant status was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Senior Analyst, residence status is available after "five years" and Venezuelan nationality can be applied for "after ten years" (2023-01-04).

Without providing further details about when such an application may be presented, the SAIME website states that foreign nationals holding a valid temporary immigrant visa may apply to change their immigration status from temporary to permanent by providing the following required documents:

• the application form available on the SAIME website, filled out;
• an original passport, as well as a copy, valid for at least six months;
• a statement of purpose addressed to the Director General;
• proof of residence;
• proof of employment; and
• an entry application form (Venezuela n.d.b).

According to the same source, the procedure costs 8 UT [C$0.19] and the document is valid for five years from the date of issue (Venezuela n.d.b).

3.4.1 Renewal of Permanent Resident Visa

Information on renewal of permanent resident visa was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the SAIME website, to extend their [translation] "permanent (resident) visa," applicants must appear in person within the 45 days preceding the expiry of their visa at a national-level SAIME office that is authorized to process procedures for foreign nationals (Venezuela n.d.c). According to the same source, applicants must provide the following:

• the application form available on the SAIME website;
• a copy of their passport, valid for at least six months, indicating all of the applicant's information;
• a copy of their latest visa; and
• payment of 8 UT (Venezuela n.d.c).

3.5 Naturalization

Information on naturalization was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the SAIME website, the requirements for naturalization are as follows:

• prepare an official file and submit it personally with the Immigration Division (División de Extranjería) at the SAIME office;
• submit a statement of intent, issued by the Municipal Civil Registry closest to the applicant's home address;
• provide a copy of the first page of the passport containing basic identification information, as well as colour copies of all the visas that the passport contains, and also present the original passport;
• provide a payment receipt for the fee of 18 UT [C$0.43] (Venezuela n.d.d).

The following information was provided by the Assistant Professor:

If a permanent resident wants to get citizenship, they can opt for naturalization. Naturalization applies to people with uninterrupted residence, for five years for nationals of Spain, Portugal, Italy, and Latin American and Caribbean countries and ten years for citizens of other countries. (2023-01-19)

3.6 Refugee Status

According to UNHCR data covering the period "up until the mid-year" of 2022, there were no Haitian asylum seekers in Venezuela (UN 2022).

The Assistant Professor stated the following:

The [UNHCR] developed the Comprehensive Refugee Management System in Venezuela. This new system was developed within the joint work plan between UNHCR and the National Commission for Refugees (Comisión Nacional para los Refugiados, CONARE) [2] of the Ministry of Foreign Affairs of Venezuela. Haitian citizens can apply for refugee status in Venezuela. This has been an important step after the 2010 earthquake in Haiti and the murder of President Jovenel Moïse in 2021. The refugee or refugee recognition applicant must appear at the nearest CONARE office for a personalized interview. That will make it possible to issue an identification document in a card-type format for refugees and refugee applicants. (2023-01-19)

A news article on the website of Venezuela's Ministry of Foreign Affairs indicates that CONARE provided 12 provisional cards to asylum seekers from Colombia and Haiti with the aim to [translation] "continue guaranteeing international protection for applicants and refugees in Venezuela" (Venezuela 2021-06-17).

The Assistant Professor stated that Haitian citizens have been successful at acquiring refugee status; however, the number of Haitian citizens who have applied for refugee status and were unable to acquire it "still needs to be determined" (2023-01-19). The same source added that "[s]tatistics in Venezuela are very opaque. For this reason, it is still being determined whether Haitian citizens can successfully apply for refugee status in Venezuela" (Assistant Professor 2023-01-19).

4. Treatment of Haitians by Society

The Assistant Professor stated the following:

A group of Haitian citizens does not have legal documentation, which undoubtedly makes it impossible for them to obtain a stable or formal job. … Some Haitian citizens reach Venezuela via a well-articulated network with a religious profile or friends' networks. The Jehovah's Witness churches in Caracas have served as a legal support structure in case of legal obstacles for Haitian citizens trying to enter Venezuela. Regarding the employment aspect, these religious institutions initially provide help with the job search. (2023-01-19)

According to the Assistant Professor, "[g]iven the political, economic, and social crisis that Venezuela is facing, many Haitian citizens have also seen a decline in their quality of life" (2023-01-19). The same source indicated that "[s]ome of them" work in the informal sector, earning "less than the minimum wage," and have to work, "at least part of the time, in servile conditions for the benefit of trafficking networks" (Assistant Professor 2023-01-19). Sources state that the sale of street ice creams is the trade that Haitian immigrants practice the "most" (Assistant Professor 2023-01-19) or that "many" Haitians in Venezuela do (Caracas Chronicles 2020-06-19). According to the Assistant Professor, "[i]ce cream companies do not guarantee Haitians any benefits established by Venezuelan labor laws" and "[m]ore than half of the people work between 9 and 12 hours a day, six days a week" (2023-01-19). The same source further added that "[b]ecause of these conditions, they usually lack good healthcare, housing, and education" (Assistant Professor 2023-01-19).

According to Agence France-Presse (AFP), racism in Venezuela is "sometimes overt," and "often subliminal" (2021-09-15). The same source notes that even though "more than half of the population identifies as mixed-race or 'mestizo'," "it is widely accepted that the darker your skin, the likelier you are to be poor in Venezuela, and to suffer from prejudice" (AFP 2021-09-15). According to an article by Caracas Chronicles, an English-language "independent news and analysis organization" based in Venezuela (Caracas Chronicles n.d.), and written by Jefferson Díaz, a Venezuelan journalist who is also the director of an Ecuador-based civil society organization called Colectivo Araguaney, which supports migrants in Quito (CMS 2020-05-12), "many" Venezuelans grew up "under the thought that discrimination was only a way to show endearment, or mere pranking" (Caracas Chronicles 2020-06-19). The same source also indicates that '"typical Venezuelan clichés about black people"' are characterized by "generalizations" that "all of them are criminals," "ignorant," or "poor" (Caracas Chronicles 2020-06-19). The article reports, citing an interview with a musician born in Caracas who is currently living in Mexico, that '"[i]n Venezuela, we normalized racist vocabulary … as a way to joke around, but when anyone thinks that black people do something bad, the words are derogatory"' (Caracas Chronicles 2020-06-19).

According to the Caracas Chronicles article, racism in Venezuela is "[a] type of discrimination that joins others, such as xenophobia and classism" (2020-06-19). The same source reports, citing an interview with an anthropologist and a writer, who is a Venezuelan with Haitian roots, that "'[r]acism in Venezuela is an attitude towards certain people based on their physical features; and many times, in Venezuela, that attitude is rejection'" (Caracas Chronicles 2020-06-19). AFP, citing an interview with a sociologist, reports that in Venezuela '"everything that comes from being Black we think of as bad or... as exotic, that is, not the norm'" (2021-09-15, ellipsis in original).

AFP reports that "hair and race identity are closely intertwined" in Venezuela (2021-09-15). According to sources "'pelo malo'" ([translation] "'bad hair'") is used to refer to "natural" Black hair (AFP 2021-09-15) or is "norma[l]" in Venezuela (VOA 2022-03-29).

Caracas Chronicles also reports that a Haitian citizen they interviewed talked about "how he had to fight against the harassment his children suffered in school," as his kids came home "upset almost every day because of the way they were treated" (2020-06-19). According to the Assistant Professor, "racism toward Haitian citizens is real" in Venezuela (2023-01-19).

5. Treatment of Haitians by Authorities

Information on treatment of Haitians by authorities could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

6. State Protection

The Assistant Professor stated the following about state protection of Haitian residents:

In Venezuela, an ombudsperson's office is in charge of defending human rights. Along with [CONARE], they have worked to guarantee care for people in need of international protection, especially refugees from Haiti and other countries. Also, given the situation with human trafficking, Haitian citizens can report cases of human rights or mistreatment to the Scientific, Penal, and Forensic Investigations Body (Cuerpo de Investigaciones Científicas, Penales y Criminalísticas, CICPC). However, the number of Haitian citizens that use these institutions and mechanisms is uncertain. It is uncertain how effective these mechanisms are for protecting Haitian citizens in Venezuela. (Assistant Professor 2023-01-19)

Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] PricewaterhouseCoopers (PwC), a network of firms in 152 countries providing "[a]ssurance, [t]ax and [a]dvisory services" (PwC n.d.), defines Tax units (TU) as follows:

The 1994 Income Tax Law reform established the concept of a taxable unit as an element that reduces the negative effects created by inflation on the determination of the tax rates. The tax code established the initial TU at 1 bolívar fuerte (VEF), formerly with annual basis adjustments according to the variation on the consumer price index (CPI) from the previous year. This parameter for adjustment has been abrogated in the 2021 Master Tax Code. For 2021, the TU value, under the new currency expression enacted in October 2021, is 0.02 bolívar soberano (VES). For 2022, the TU published value is VES 0.40. (2022-06-30)

[2] The Ministry of Foreign Affairs of Venezuela states that the National Commission for Refugees (Comisión Nacional para los Refugiados, CONARE) was created by President Hugo Chávez

to guarantee the protection of those who flee their countries due to well-founded fears [related to their] [r]ace, [s]ex, religion, nationality, belonging to a certain social group or political opinion, through the Organic Law for Refugees and [Asylees] on October 3, 2001. (Venezuela n.d.e)

References

Agence France-Presse (AFP). 2021-09-15. "Embracing the Afro in Revolt Against Venezuela's 'Bad Hair' Stereotype." [Accessed 2023-01-18]

Assistant Professor, University of South Carolina Aiken. 2023-01-19. Correspondence with the Research Directorate.

Caracas Chronicles. 2020-06-19. Jefferson Diaz. "Six Stories About Racism in Venezuela." [Accessed 2023-01-18]

Caracas Chronicles. N.d. "About Us." [Accessed 2023-02-09]

Center for Migration Studies (CMS). 2020-05-12. Silvina Acosta. "Postings from the Venezuelan Diaspora: Venezuelan Migrants Forced to Return Home amid the Pandemic Due to Their Vulnerability in Colombia, Ecuador and Peru." [Accessed 2023-02-13]

PricewaterhouseCoopers (PwC). 2022-06-30. "Venezuela: Individual - Taxes on Personal Income." [Accessed 2023-02-10]

PricewaterhouseCoopers (PwC). N.d. "About Us." [Accessed 2023-02-11]

Senior Analyst, International Crisis Group. 2023-01-04. Correspondence with the Research Directorate.

United Nations (UN). 2022-10-27. UN High Commissioner for Refugees (UNHCR). "Population Figures." [Accessed 2023-01-25]

Venezuela. 2021-06-17. Ministerio del Poder Popular para Relaciones Exteriores. "Conare aprueba 12 solicitudes de refugio provenientes de Colombia y Haití." By Joselyn Ariza. [Accessed 2023-01-20]

Venezuela. 2021. Ley Orgánica de Reforma Parcial de la Ley Orgánica contra la Discriminación Racial. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-01-25]

Venezuela. 2004. Ley de Extranjería y Migración. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-01-05]

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Additional Sources Consulted

Oral sources: Assistant professor at a university in Canada whose research focuses on South-South mobilities in the Caribbean and South America; Migration Policy Institute; professor at an American university whose research focuses on politics in Latin America; professor at an American university whose research focuses on Latin America who conducts research on the political situation in Venezuela with an emphasis on the Andes and Brazil, political parties, elections, and comparative urbanism; professor at a university in Venezuela whose research focuses on human trafficking and human rights; professor at a university in Venezuela whose research focuses on migration and public policy; Refugees International; senior lecturer at a university in Australia who studies constitutionalism and the rule of law in comparative perspective; UN – International Organization for Migration, UNHCR; Washington Office on Latin America.

Internet sites, including: ACAPS; Amnesty International; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – ecoi.net; Bloomberg Línea; Centre de réflexion et de recherche sur la migration et l'environnement; CNN; Council on Foreign Relations; Diario las Americas; Efecto Cocuyo; El Nacional; El País; EU – EU Agency for Asylum; Factiva; France – Office français de protection des réfugiés et apatrides; Germany – Federal Office for Migration and Refugees; Human Rights First; Human Rights Watch; Infobae; Inter Press Service; International Rescue Committee; LatinAmerican Post; Migration Policy Institute; Observatorio Venezolano de Conflictividad Social; Organization of American States – Inter-American Commission on Human Rights; Reuters; TalCual; UK – Home Office; UN – Refworld, ReliefWeb, UN News; US – CIA World Factbook, Congressional Research Service, Department of Homeland Security; Venezolana de Televisión; WeWorld.