In December 2024, countries in Latin America and the Caribbean approved an update to the Cartagena Process, their regional framework for refugee protection. However, the new deal lacks concrete cooperation measures to address dangerous journeys.

As in other regions, the largest and most persistent migratory flow in the Americas is south–north, with the US the primary destination. Consequently, the main intra-regional migratory routes extend from South America through Panama and Central America to Mexico, where the land border with the US has become the principal gateway for both regular and irregular entry into North America. These routes narrow at a critical bottleneck between Colombia and Panama: the Darién Gap, the most dangerous route in the region.

Challenges to protection in the Darién Gap

The Darién’s hostility stems both from its harsh natural characteristics and from the security risks posed by the presence of gangs, drug traffickers and guerrilla groups. Until recently, only a few seasoned adventurers, researchers and journalists ventured into the Darién. However, over the past decade, waves of migrants have increasingly used it as a bridge to the north, particularly the US. Initially dominated by Cubans and Haitians, the flow now includes thousands of daily migrants from diverse origins, including Ecuadorians, Congolese, Chinese, Afghans and, most prominently, Venezuelans. This trend has accelerated due to worsening political and economic crises in migrants’ home countries, coupled with stricter migration controls in Central America, imposed under US pressure to curb the arrival of immigrants, who, in turn, have begun seeking alternative routes.

Human smuggling has become a highly profitable business, with criminal organisations – such as the powerful Clan del Golfo (Gulf Clan) paramilitary group – charging exorbitant fees to assist migrants in their perilous crossings. While they promise a journey lasting just one day, the reality is far harsher, often taking up to 10 days. Migrants endure gruelling treks, nights spent in the jungle, risky boat journeys, thirst and hunger. Those who suffer health issues, injuries or exhaustion are frequently abandoned by their guides or fellow travellers. Encountering corpses or witnessing deaths along the route is tragically common. The risk of sexual violence is so acute that many women carry emergency contraception (morning-after pills).

A significant challenge for international protection is that migration along these routes is highly mixed, encompassing both voluntary and forced migration. UNHCR and humanitarian organisations view the Darién Gap crisis as a regional responsibility rather than solely an issue for the countries directly affected. However, regional governments have struggled to establish bilateral cooperation or multilateral mechanisms to address international protection along dangerous migratory routes such as the Darién. This inaction is largely due to the politicisation of migration policies and the influence of US immigration policy. Pressure from various US administrations on Latin American governments has impeded regional cooperation. Bilaterally, Colombia and Panama prioritise national security concerns over their international protection obligations in the Darién, where State institutions struggle to maintain a consistent presence.

CAR+40 and dangerous journeys

Latin America and the Caribbean have a longstanding tradition of international protection in the context of forced migration and asylum.[1] The 1984 Cartagena Declaration expanded the refugee definition beyond the 1951 Refugee Convention, laying the foundation for a regional protection framework. Over four decades, the Cartagena Process has evolved as a governance regime that engages governments, international organisations and civil society. The Declaration of San José (1994) and the Declarations and Plans of Action of Mexico (2004) and Brazil (2014) renewed the region’s commitment to solidarity. Although non-binding, these frameworks are widely endorsed by States and migration policy actors addressing refugee and statelessness issues.[2]

On 12^th December 2024 in Santiago, Chile – 40 years after the original Declaration – Cartagena+40 (CAR+40) approved a new Declaration and Plan of Action to guide international protection policies in the region for the next decade (2024–34). However, although the CAR+40 Process updated and advanced aspects of international protection and forced migration governance at the regional level, it failed to establish concrete mechanisms to address dangerous journeys. In its Introduction, the Chile Plan of Action acknowledges this issue, stating

“It has been observed that people face increasing risks along the routes they travel, such as extortion, kidnapping, disappearances, death, and violence, including gender-based violence, forced recruitment, exploitation, and human trafficking.”

The document further emphasises:

“Of particular concern is the disproportionate impact on women, children, and adolescents, as well as individuals in vulnerable situations, who represent a significant proportion of those on the move.”

Despite this strong recognition of the dangers associated with some migration routes, CAR+40 fell short of ensuring effective regional action. While the document reaffirmed individual State commitments to refugee protection in countries of transit – aligned with the Global Compact on Refugees – it did not go far enough in establishing concrete enforcement measures. Moreover, Chapter 1(I) commits States to “(d) Develop tracking and registration systems, including biometric systems…; (e) Guarantee timely identification, assistance, registration and referral processes…”.[3] But these commitments leave room for both security-driven and rights-based interpretations, making CAR+40’s overall impact somewhat ambiguous.

Input from civil society organisations

It is crucial to recognise that civil society organisations dedicated to migrants and refugees play a key role in protection efforts and are often the first responders to their needs. As part of the CAR+40 Process, the Technical Secretariat held three thematic consultations that brought together not only government delegations but also other important players, including organisations of refugees and displaced persons, civil society organisations, the private sector and international organisations within the United Nations system. These organisations were consulted on five topics to shape policies and provide immediate assistance.

In this context, two faith-based regional networks – Red Jesuita con Migrantes and Red Clamor – approved a document setting out recommendations in seven thematic areas.[4] In addition to addressing the five topics covered in the consultation, the document highlights two other critical aspects: first, the urgent need to address migration corridors in critical conditions, that is, “where people experience extreme vulnerability and human rights violations due to containment policies”; and second, the mechanisms for participation, regional cooperation, implementation and monitoring of the Chile Plan of Action. The Darién is specifically mentioned in topic 6, as a migratory corridor that poses unavoidable regional challenges. The recommendations clearly call for a comprehensive regional response, emphasising the need for cooperation among states to: strengthen civil institutions rather than militarising responses; identify the Darién as part of a broader continental journey that involves countries of origin, transit and destination, thus necessitating a coordinated regional strategy; and establish humanitarian corridors where governmental institutions work in collaboration with international organisations to prioritise protection measures over security-focused approaches.

These recommendations could have helped the Plan of Action evolve into a robust and effective alternative, offering a viable solution to current shortcomings. A well-coordinated regional strategy – rooted in cooperation, humanitarian principles and institutional support – could not only have enhanced migrant protection but also contributed to greater regional stability. Through meaningful collaboration, States could have shifted from fragmented, reactive responses to a cohesive, proactive framework that upholds human rights and ensures safer migration pathways for all. However, the recommendations were not incorporated into the final CAR+40 documents.

A missed opportunity

Consequently, the Chile Declaration and Plan of Action failed to introduce substantial measures to address dangerous migration journeys through regional mechanisms. As a result, the prevailing response remains unchanged: the UNHCR will continue urging States to take individual action, while independent State bodies – such as national human rights institutions, ombudsmen (public advocates) and public prosecutors – alongside humanitarian and human rights organisations, will attempt to fill the gaps left by insufficient state cooperation.

Looking ahead, sustained advocacy is essential to push for concrete regional commitments that prioritise the safety and protection of those embarking on these dangerous journeys.

 

Gilberto M A Rodrigues
Associate Professor, Federal University of ABC (UFABC); Researcher, CNPq Brazil (The Brazilian National Council for Scientific and Technological Development); Member, Academic Committee of the Quito Process
gilberto.rodrigues@ufabc.edu.br;
www.linkedin.com/in/gilberto-m-a-rodrigues-83872829/

Luiza Fernandes e Silva
PhD candidate in Human and Social Sciences at UFABC
fernandessluiza@gmail.com
www.linkedin.com/in/luizafernandess/

Both authors are members of the Sergio Vieira de Mello Academic Chair network.

 

[1] See Forced Migration Review issue 56, October 2017, on ‘Latin America and the Caribbean: building on a tradition of protection’

[2] Rodrigues GMA (2021) ‘South America and The Cartagena Regime: A Comprehensive Approach to Forced Migration Responses’ in Carrera S and Geddes A (Eds) The EU pact on migration and asylum in light of the United Nations global compact on refugees: International experiences on containment and mobility and their impacts on trust and rights, European University Institute

[3] Chile Declaration and Plan of Action 2024-2034

[4] Proposals of Faith-Based Organizations for the construction of the Chile Declaration and Plan of Action 2024-2034 (Cartagena+40), Rome, 2nd July 2024 bit.ly/proposals-cartagena-en bit.ly/proposals-cartagena-sp

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