The federal public prosecutor published on Saturday (28) a public note asking the Brazilian government to take an urgent position on the reception of Afghan refugees and recalling that the deadline for the withdrawal of the United States from the country expires on the 31st, which should make it even more difficult plus the already tumultuous air evacuation of people in distress.
The document, from the agency’s Federal Prosecutor’s Office for Citizens’ Rights (PFDC), cites two concrete requests that have already been made to the Ministries of Foreign Affairs and Justice and which have so far not been met. no answer: the granting of visas to the 270 Afghan judges and the temporary shelter of 400 people who would leave Kabul on a chartered flight and wait in Brazil before migrating to the United States.
The first request, to host 270 Afghan judges, was made last week by the National Association of Federal Judges of Brazil (Ajufe) as well as by the Association of Brazilian Magistrates (AMB). They have responded to a call from the International Union of Judges for international protection for magistrates who have tried members of the Taliban and are therefore more at risk now that the Islamic fundamentalist group has taken power in the country.
In the other case, an Afghan company based in Dubai hired Brazilian lawyers to ask the country to temporarily accept a group of Afghans who worked for the Americans, along with their families. They must seek asylum in the United States from a third country, a process that can take weeks or months.
The logistics company, called FGI Solutions, has managed to get Mexico, for example, to host 400 of these refugees, but it needs more places in other countries. According to lawyer Raphaela Lopes, who represents the company, two requests were made to the Foreign Office for a meeting to address the issue on August 22-24, but there has been no response regarding the issue. demand.
Prosecutors suggest three measures: issue an order to regulate the granting of humanitarian visas to those affected by the conflict in Afghanistan; adopting a strategy to ensure family reunification of family members already in Brazil; and the notification of the authorities warning to guarantee the non-return of Afghans who enter Brazilian territory, even irregularly or without documents.
The Public Defender of the Union also called on the Brazilian government to grant an emergency humanitarian visa to Afghan citizens. This Friday (27), the agency sent a request to the Ministries of Foreign Affairs, Justice, Labor and Defense citing Brazilian immigration laws and policies and urging the government to welcome these refugees.
Refuge is legal protection for people who have left their country due to persecution related to race, religion, nationality, social group or political opinion. Some countries also recognize as refugees those who come from places where there is “serious and widespread violation of human rights”.
According to the National Committee for Refugees (Conare), linked to the Ministry of Justice, Brazil acknowledged that this is the case in Afghanistan on December 2, 2020. The decision speeds up the analysis of Afghan asylum claims, like this already happens to The Venezuelans, for example.
However, it is only possible to apply for refuge on arrival in Brazil, and to travel here Afghans need a visa.
The Brazilian government has already declared itself sensitive to the difficulties caused by the political situation in Afghanistan, officially recognized the situation of serious and widespread human rights violations in the country and announced that it is studying the possibility of granting humanitarian visas to Afghans. , like those who already have they exist for Syrians and Haitians. So far, however, no practical steps have been taken to allow these refugees to travel to Brazil in an emergency.
On Friday, Afghan refugees living in São Paulo staged an act outside the Foreign Ministry office calling on the government to help protect Afghans and grant visas to their families who wish to meet them in Brazil.
In a note sent to Folha on Friday, Itamaraty said that “the lack of legal provision for a humanitarian visa does not exclude the possibility for Afghans to enter Brazilian territory” and that there are other types of visas available.
“The Brazilian government is sensitive to the difficulties caused by the political situation in Afghanistan and is examining the possibility of granting humanitarian visas to the affected people, on terms similar to those granted to Haitians and stateless persons in the Republic of Haiti and to those affected. by the conflict in Syria. Currently, there is still no legal basis for granting humanitarian reception visas to Afghan citizens, ”the note said.