{"id":18429,"date":"2019-09-25T10:00:40","date_gmt":"2019-09-25T10:00:40","guid":{"rendered":"https:\/\/conectas.org\/?post_type=noticia&p=18429"},"modified":"2021-04-05T14:10:49","modified_gmt":"2021-04-05T14:10:49","slug":"5-steps-forward-in-the-new-migration-law","status":"publish","type":"noticia","link":"https:\/\/conectas.org\/en\/noticias\/5-steps-forward-in-the-new-migration-law\/","title":"5 steps forward in the New Migration Law","content":"

The new <\/span>Migration Law <\/b>sets a new paradigm in Brazil<\/span><\/a> as it substitutes the Foreigner\u2019s Statute and institutes a perspective of migration based on human rights, repudiating xenophobia, racism and any form of discrimination, as one of its principles. See the changes below:<\/span><\/p>\n

\u00a0<\/span><\/p>\n

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  1. Migratory Legalisation:<\/b>\u00a0the promotion of legal entry and of legalisation is established as a principle. The New Law also ensures exemption from charges for the issue of documents for migrants who do not have the financial means to pay;<\/span><\/li>\n
  2. Humanitarian Visa:<\/b>\u00a0Five types of visa have been introduced for entry or permanent residency in Brazil. The temporary one is given in the case of humanitarian protection for stateless people or migrants from any country \u2018in a serious situation or imminent institutional instability, armed conflict, large-scale calamity, environmental disaster or serious human rights violations or of international humanitarian rights, or in other hypotheses, in the form of regulation.<\/span><\/li>\n
  3. Public Policy:<\/b>\u00a0Equal free access for migrants to services, programmes and social benefits, public services, education, full public legal assistance, work, housing, banking services and social security is one of the principles of this new law.<\/span><\/li>\n
  4. Participation in protests and trade unions:<\/b>\u00a0the right to mobilisation was forbidden in the Foreigner\u2019s Statute. The new law establishes a migrant\u2019s right to meet for peaceful purposes and for association, including trade unions, for legal ends.<\/li>\n
  5. No extradition for political crime or opinion:<\/b>\u00a0Like the 1988 Constitution, the new law states that there should be no extradition for political crime or opinion, and also prohibits extradition for refugees and exiles.<\/li>\n<\/ol>\n

    Dispelling myths about migration<\/b><\/p>\n

    As seen in the previous report in this series, achieving this result in a turbulent political scenario was only possible given the dedication of a number of different organisations, including Conectas, who worked together to convince members of Congress of the importance of the new legislation and to obtain the votes needed.\u00a0<\/span><\/p>\n

    \"\"Venezuelan refugees in shelters after crossing the Brazilian border with Venezuela Credit: Thiago Dezan \/ Farpa \/IACHR\u00a0<\/span><\/p>\n

    This work, however, did not end with the approval of the law. On the contrary! In an environment of polarisation, the first step was to strengthen communication with society, in order to<\/span> dispel some of the myths surrounding the subject<\/span><\/a>. It is more than likely that you are familiar with at least one of these myths: the country is going to be overrun by immigrants! There is going to be a greater risk of terrorism! This kind of statement is loaded with prejudice and is quite unfounded.<\/span><\/p>\n

    A decree, in the middle of the process<\/b><\/p>\n

    While this process of dialogue was being built on one side, on the other, organisations were concerned to see that a decree to regulate the Migration Law was being put together by the government of Michel Temer behind closed doors, quite unlike the draft bill that was being constructed collectively.\u00a0<\/span><\/p>\n

    Only three opportunities were opened for discussion of the theme which gives an idea of the degree to which<\/span> social participation was restricted<\/span><\/a>:<\/span><\/p>\n