Factores que Inciden desde el Institucionalismo Neoliberal en la Vulneración de los Derechos Fundamentales de los Migrantes Irregulares en su Paso por el Tapón del Darién en el Periodo 2018 a 2023

Abstract

The article analyzes the factors that affect the violation of the fundamental rights of irregular migrants during their passage through the Darién Gap between 2018 and 2023. To this end, a bibliographic review and analysis of the literature on the theory of migration, media reports and materials from specialized agencies. The information analyzed allows us to identify the actors of this phenomenon and understand their motivation, as well as its social consequences, which allows a comprehensive analysis of the phenomenon from the causes and conditions to the quality-of-life conditions when it materializes. To analyze this phenomenon, the theory of institutional neoliberalism is taken as a basis, which recognizes the role played by international organizations and entities, such as the UN, IOM, UNHCR, among others, for the establishment of norms and principles through which. States are governed in relation to migration and human rights. In this way, it is possible to analyze the international legal instruments that are listed in the document, and their compliance or not by the States involved. This approach included a collection of bibliographic sources, reports from international organizations and relevant news. A content analysis was then carried out to identify the main protagonists of fundamental rights violations along this migratory route. The results show that extreme geographical conditions, the presence of armed groups and organized crime, the lack of adequate humanitarian assistance, restrictive immigration policies and the lack of legal protection and access to justice are the main factors that lead to violations of the fundamental human rights of migrants. It is concluded that governments and the international community must act in a concerted and united manner to protect fundamental rights not only along the route, but even before, during and after.