Migration is a right
In a seminar, OAS rapporteur stresses the need for a new immigration law in Brazil
Despite the good practices adopted by Brazil when it comes to immigration, it is essential to establish a new law on the topic in the country, said Felipe González, rapporteur on the rights of migrants of the OAS (Organization of American States) and member of the Inter-American Commission on Human Rights.
The statement by the rapporteur, who was in São Paulo to take part in the seminar “Migrations and Brazil: advances and challenges for a new law”, held this Monday, August 10, refers to the passage of the bill in the National Congress that creates a new regulatory framework on immigration.
Approved by the Senate in early July, what was Senate Bill 288/2015 is now pending in the Lower House as Bill 2516/2015.
The new Immigration Law, as it is now being called, abandons the national security perspective of the Foreigner Act that was passed during the military dictatorship (1964-1985) and creates guarantees for the equal treatment of immigrants who come to Brazil.
“According to the International Human Rights System, migrants are subjects of law even when undocumented,” said González at the seminar.
The event was also attended by the National Justice Secretary, Beto Vasconcelos, and the public defender Fabiana Severo. It was moderated by Juana Kweitel, program director at Conectas.
Beto Vasconcelos pointed out that the bill currently pending in the Lower House is in many ways positive, and that civil society and the government need to join forces to approve the text. “It is now time to work together to ensure the approval of this bill,” he said.
According to the secretary, once the legal framework that does not criminalize immigration has been approved, it will be necessary to ensure the correct application of the law, which will require an “institutional rearrangement”.
Similarly, Fabiana Severo also praised the advances made in the bill, such as the express condemnation of xenophobia, racism and discrimination, the provision for humanitarian asylum and the equal access by immigrants and Brazilian nationals to public services.
However, the public defender also listed the challenges of the new law, such as the issuance of temporary visas to immigrants who face criminal charges. She also pointed out some of the flaws in the text, such as the fees involved in the regularization process and the fact that it does not expressly abolish civil imprisonment for the purposes of expulsion or deportation.
