8
A.
Relevant legal framework
51.
At the time of the facts alleged in the petition, the applicable legal standards with respect
to migration and recognition of refugee status, respectfully, consisted of Executive Decree 24423 (Legal
Regime on Migration) of November 29, 1996, and Executive Decrees 19639 and 19640 regarding the
establishment of the CONARE. The following is a transcription of the relevant provisions.
1.
On migration
52.
The Legal Regime on Migration was governed by Executive Decree 24423, the pertinent
portions of which are as follows:
Article 41
Those foreigners who have been granted political asylum by the supreme government and those
who have been recognized refugee status through the appropriate national organizations, which are
required to apply for their registration in the Register of Foreigners, shall be granted a stay of one
year, renewable indefinitely on an annual basis until the causes that prompted the application for
asylum or refuge have disappeared.
Political asylees and refugees are required to obey the laws, standards of the Republic, and
provisions of the departmental administrations in the areas of residence that they have been
assigned, as appropriate, or which they have established as their domicile, and which must be
registered.
Foreigners who enjoy either asylee or refugee status shall lose that status if they leave the country
of their own will, without express authority from the supreme government, granted through the office
of the Undersecretary for Migration, and without the travel document issued to them for that
purpose. Anyone who returns voluntarily to their country shall also lose said status.
Article 48
Foreigners shall be expelled from the country and prohibited to reenter Bolivian territory in the future
on the following grounds:
a) Possession or presentation at any time of a false or adulterated passport, identity card, or other
documents;
b) Illegal entry to the country in violation of provisions set forth in this Executive Decree, or
presentation of false statements or fraudulent documents or contracts to the immigration or labor
authorities;
c) Staying in the country for longer than authorized by their visa or permission to stay, without due
cause;
d) When their permission to stay or residence has been canceled or annulled;
e) When they have engaged in illicit trade, acts contrary to public morality or health, or vagrancy;
f) When they have been involved, either directly or indirectly, in activities connected with trafficking in
persons, drug trafficking, terrorism, trafficking or possession of firearms, or counterfeiting of
currency, or have concealed or protected those who engage therein, even though the judgments
convicting them might not order their expulsion;
g) When they have in any way defrauded the treasury of the nation or institutions of the state;
h) When they have committed crimes punishable by more than six months’ imprisonment or been
convicted of false bankruptcy, even though the judgments convicting them might not order their
expulsion;
i) When they interfere in any way in domestic politics or the leadership of trade unions, or incite, by