Venezuela

Detains migrants or asylum seekers?

Unknown

Has laws regulating migration-related detention?

No

Refugees

29,341

2022

Asylum Applications

1,045

2022

International Migrants

1,324,193

2020

Population

28,800,000

2023

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

04 November 2020 – Venezuela

In contrast to the previously observed flow of Venezuelan nationals returning to their country due to dwindling opportunities and increased hardship brought about by the pandemic (see 12 August Venezuela update on this platform), evidence of a new wave of Venezuelans seeking to flee their homeland is growing. The Colombian Red Cross has reported that […]

Read More…

N. Plazas, “Más de 90,000 Venezolanos han Retornado a Venezuela Desde  Colombia Durante la Pandemia,” France 24, 22 July 2020, https://www.france24.com/es/20200721-venezuela-migrantes-colombia-retorno-coronavirus

12 August 2020 – Venezuela

During the four-year period 2016-2019, more than 4.6 million men, women, and children fled or otherwise departed Venezuela because of burgeoning political and economic crises. According to the UNHCR, some 4,000 and 5,000 Venezuelan nationals were leaving the country every day, mainly travelling on foot to neighbouring countries like Colombia, Peru, or Ecuador; thousands of […]

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Venezuelan Migrants Stuck at the Colombian Border, (Stefano Pozzebon,
Last updated:

DETENTION STATISTICS

Total Migration Detainees (Entries + Remaining from previous year)
Not Available
2019

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

Number of Deportations/Forced Removals (Year)
35
2019
180
2018
270
2017

PRISON DATA

Criminal Prison Population (Year)
54,738
2016
48,262
2012
24,069
2008
19,853
2005
19,368
2002
22,914
1999
22,791
1996
23,200
1993
Percentage of Foreign Prisoners (Year)
2.3
2016
Prison Population Rate (per 100,000 of National Population)
173
2016
161
2012
85
2008
74
2005
76
2002
95
1999
101
1996
109
1993

POPULATION DATA

Population (Year)
28,800,000
2023
28,400,000
2020
31,108,000
2015
International Migrants (Year)
1,324,193
2020
1,375,690
2019
1,404,400
2015
International Migrants as Percentage of Population (Year)
4.66
2020
4.5
2015
Refugees (Year)
29,341
2022
39,328
2021
68,089
2020
67,749
2019
67,289
2018
122,810
2017
172,017
2016
174,191
2015
173,600
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
5.46
2016
5.66
2014
Asylum Applications (Year)
1,045
2022
698
2019
2,886
2016
1,073
2014
Refugee Recognition Rate (Year)
23.2
2014
Stateless Persons (Year)
0
2022
0
2016
0
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
12,771
2012
Remittances to the Country (in USD)
121
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
40.6
2014
Human Development Index Ranking (UNDP)
71 (High)
2015
Pew Global Attitudes Poll on Immigration
77
2007

MIGRATION-RELATED DETENTION

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Unknown
2023
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
No
2023

GOVERNANCE SYSTEM

Legal Tradition(s)
Civil law
2017

LEGAL & REGULATORY FRAMEWORK

Do Migration Detainees Have Constitutional Guarantees?
Yes (Constitution of the Bolivarian Republic of Venezuela, Article 44) 1999
1999
Detention-Related Legislation
Aliens and Migration Law of 2004 (Ley de Extranjeria y Migracion N°37.944 de 24 de Mayo 2004) (2004)
2004
Regulations, Standards, Guidelines
Regulation of the Aliens and Migration Law of August 2004 (Reglamento de la Ley de Migracion y Extranjeria, Dercreto N°3.041 de 3 de Agosto de 2004) (2004)
2004

GROUNDS FOR MIGRATION-RELATED DETENTION

Immigration-Status-Related Grounds
None
2004
Criminal Penalties for Immigration-Related Violations
No (No)
2020
Has the Country Decriminalised Immigration-Related Violations?
Yes

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

Types of Non-Custodial Measures (ATDs) Provided in Law
Supervised release and/or reporting (Yes)
2004
Designated regional residence (Yes)
2004
Designated non-secure housing (Yes)
2004

DETENTION MONITORS

> National human rights monitoring bodies

> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)

> Non-governmental organisations (NGOs)

> Governmental monitoring bodies

> International detention monitoring

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19 DATA

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
2016
2016
CRPD, Convention on the Rights of Persons with Disabilities
2013
2013
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2005
2005
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2002
2002
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1991
1991
CRC, Convention on the Rights of the Child
1990
1990
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1986
1986
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1983
1983
ICESCR, International Covenant on Economic, Social and Cultural Rights
1978
1978
ICCPR, International Covenant on Civil and Political Rights
1978
1978
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1967
1967
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1965
1965
Ratio of relevant international treaties ratified
Ratio: 12/19
Treaty Reservations
Reservation Year
Observation Date
ICCPR Article 14 1978
1978
1978
Individual Complaints Procedures
Acceptance Year
ICERD, declaration under article 14 of the Convention 2003
2003
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2002
2002
CAT, declaration under article 22 of the Convention 1994
1994
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1978
1978
Ratio of Complaints Procedures Accepted
Observation Date
4/7
4/7
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child §21. The Committee recommends that the State party continue and strengthen its efforts to develop a comprehensive system of collection of data on the implementation of the Convention. The data should cover all children’s rights for all children under 18. It should also be disaggregated by sex, age, ethnic group, indigenous children and children of Afro-descendants as well as those groups of children in need of special protection, such as children in detention, children requiring mental health assistance, children with disabilities, children in street situations, working children and refugee children. The Committee encourages the State party to further its cooperation with UNICEF and other agencies in this regard. 2007
2007
Committee on the Rights of the Child 69. "The Committee recommends that the State party: (a) Collect disaggregated data on asylum - seeking children; (b) Ensure that all children and their families in need of international protection receive appropriate and fair treatment at all stages, and that decisions on refugee status are dealt with expeditiously; (c) Provide adequate assistance and psychosocial support to children who have been involved in armed conflicts abroad ; (d) Consider ratifying the Convention Relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness." 2014
2014
Committee against Torture

§11 e)      Renforcer la formation à la Convention et au Protocole d’Istanbul non seulement à l’intention des médecins légistes mais aussi du personnel médical, des policiers, des procureurs, du personnel pénitentiaire et des agents de l’immigration qui s’occupent des enquêtes ou du traitement des détenus.

2014
2014

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Visits by Special Procedures of the UN Human Rights Council
Year of Visit
Observation Date
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment 1996
1996
2015
Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2016
2017
No 2012

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1995
1995
IACFDP, Inter-American convention on Forced Disappearance of Persons 1998
1998
IACPPT, Inter-American Convention to Prevent and Punish Torture 1991
1991

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS