UN commends Brazil for humanitarian migration practices, calls for further improvement News
Donatas Dabravolskas, CC BY-SA 4.0 , via Wikimedia Commons
UN commends Brazil for humanitarian migration practices, calls for further improvement

The UN special rapporteur on the human rights of migrants on Monday commended Brazil’s migration framework for providing strong protections for refugees and asylum seekers, equally guaranteeing fundamental human rights irrespective nationality, while urging further action to ensure that practices fully align with international human rights standards.

In a statement concluding a 10-day visit to Brazil to assess its legal migration framework, Special Rapporteur Gehad Madi said Brazil’s Migration Law offers safe regularization pathways for migrants, refugees and asylum seekers. He added that the legislation guarantees equal access to health care, education, labor protections, and social security for all migrants irrespective of their status, which complies with Article 5 of Brazil’s Constitution.

Madi further stressed that the main strength of the Migration Law lies in its adoption of a human rights-based, non-punitive approach toward refugees and asylum seekers through measures like non-criminalization of migration, treating irregular entry as an administrative infraction, and issuing humanitarian visas. Madi noted that Brazil’s “open approach” to human mobility makes it a leader in South America, in contrast with a global trend toward increasingly restrictive  migration policies in other parts of the world, such as Europe, the US, and Canada.

However, Madi pointed out that despite advancements, migrants and refugees continue to face communication and bureaucratic barriers. He expressed particular concern toward Cuban nationals, for whom seeking asylum is the only migratory pathway, as recognition rates remain extremely low compared to the rising number of asylum applications.

He also criticized the ban on asylum applications for individuals arriving at Guarulhos International Airport on connecting flights to other countries without Brazilian visas. The country instituted the policy in response to criminal groups seeking to use Brazil as a route for irregular migration and abuse of the asylum system.

The expert gave several recommendations on how the nation could further align its migration policies with international human rights standards. Recommended measures included providing sufficient funds to implement migration policies, expanding federal police and National Committee for Refugees’ (CONARE) ability to ensure timely decisions on asylum claims, and strengthening CONARE ‘s presence at international airports as the sole competent authority to assess and admit asylum applicants.

Brazil adopted the Migration Law on May 24, 2017, in response to surging migration amid growing restrictions imposed by Global North countries on asylum seekers. The law established a comprehensive legal framework for migration management and reinforced the human rights of immigrants, promoting documentation and regularization for migrants in accordance with the provisions of the Brazilian Constitution. Additionally, in 2018, Brazil launched Operation Welcome, a humanitarian operation created to assist the massive influx of Venezuelan refugees in vulnerable situations.

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