South America’s Response to the Venezuelan Exodus: A Spirit of Regional Cooperation?

Abstract

Abstract Based on the premise that massive influxes of Venezuelans might overwhelm their asylum systems, South American host States have resorted to ‘Temporary Protection or Stay Arrangements’ (TPSAs) as an uncoordinated but pragmatic response in times of regional hardship. As the Venezuelan situation deteriorated, however, a May 2019 United Nations High Commissioner for Refugees (UNHCR) Guidance Note encouraged host States to apply their extended refugee definitions in tandem with prima facie refugee status determination (PFRSD), an expedited procedure that can prevent the overburdening of asylum capacities. Despite the availability of a more favourable approach, host States have continued to rely on TPSAs, raising questions about whether they truly intend to adopt a regionally coordinated plan, as agreed in the Quito Process. Drawing primarily on domestic refugee legislation and UNHCR’s ‘Guidelines on International Protection No 11’, the article argues that host States’ motivation to provide temporary protection is not so much related to the potential overburdening of their asylum systems but rather to the long-term commitments that would come with the granting of refugee status. It is shown that PFRSD is already regulated in the national laws of four South American States, with the potential of turning into a regional centralized response, but its application remains largely ignored. The article ultimately serves as a reminder for South American governments that displaced Venezuelans do not need temporary humanitarian visas as they are, first and foremost, entitled to legal protection under domestic refugee law.