Argentina,198 Belize,199 Brazil,200 Bolivia,201 Chile,202 Colombia,203 Costa Rica,204 Ecuador,205 El
Salvador206 Guatemala,207 Mexico,208 Nicaragua,209 Panama,210 Paraguay,211 Peru,212 Dominican
198
Article 1 of the General Law on Recognition and protection of the refugee promulgated on November 28, 2006,
establishes that: “The protection of refugees shall be governed by the provisions of international human rights law
applicable in the Argentine Republic, the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, as
well as any other international instrument on refugees subsequently ratified, and by the provisions of this law.” See
also, judgment of the Supreme Court of Justice of Argentina, 2008. XX et al. ref/ extradition. Judgment A. 2112. XLII.
199
Article 3 of the Refugees Act, amended on December 31, 2000, establishes that: “subject to the provisions of
this Act, the Convention [relating to the Status of Refugees, 1951], and the Protocol shall have the force of law in
Belize.”
200
Article 4 of Law No. 9,474 of July 22, 1997, which defines mechanisms for the implementation of the 1951
Convention on Refugees and determines other provisions, establishes that: “The recognition of refugee status, in the
terms of the preceding definitions, shall subject the beneficiary to the provisions of this law, without prejudice to the
provisions of international instruments to which the Brazilian Government is a party, ratifies or accedes to.” In addition,
Article 5 establishes that: “The refugee shall enjoy rights and shall be subject to the obligations of the alien in Brazil, to
the provisions of this law, to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to
the Status of Refugees, and shall be obliged to obey the laws, regulations and provisions designed to maintain public
order.”
201
Bolivia has been a party to the 1951 Convention and its 1967 Protocol since February 9, 1982; by Law 2071 of
April 14, 2000, it adopted this Convention and its Protocol as a law of the Republic and, article 28 of Law 251 of June
20, 2012, established that the Bolivian authorities, in the proceedings to determine refugee status could consider the
recommendations of the UNHCR Handbook on the Procedures and Criteria for Determining Refugee Status and other
related guidelines. See also: Supreme Decree No. 1440 of 2012.
202
Article 10 of Law No. 20,430 of April 15, 2010, which establishes provisions concerning refugees, establishes
that: “The scope and provisions of this law and its regulations shall be interpreted in accordance with international
human rights law, the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.” Article 11 stipulates
that: “Efforts shall be made to grant applicants for refugee status and refugees the most favorable treatment possible
and in no case less than the treatment generally granted to aliens in the same circumstances.” Meanwhile, Article 12
states that: “No provisions of this law may be interpreted in the sense of impairing any other right, freedom or benefit
recognized to refugees.” Article 13 establishes that: “Those applying for refugee status and refugees shall enjoy the
rights and freedoms recognized to everyone under the Constitution of the Republic, its laws and regulations, as well as
in the international instruments on human rights and refugees to which Chile is a party, in particular the rights
recognized in the 1951 Convention relating to the Status of Refugees and its 1967 Protocol […]”
203
The considering paragraphs of Decree No. 4503 of November 19, 2009, establish that: “Colombia has been a
State party to the Convention relating to the Status of Refugees, adopted in Geneva in 1951, and ratified on October 10,
1961, and the Protocol relating to the Status of Refugees, adopted in New York on January 31, 1967, and to which
Colombia acceded on March 4, 1980, and is a State signatory of the Cartagena Declaration on Refugees, signed on
November 22, 1984; That, pursuant to the provisions of the said Convention and the respective Protocol, States parties
must establish mechanisms that allow the application of these instruments to be guaranteed; in particular, as regards
the recognition of refugee status; That Colombia, as a member of the international community, must make an effort to
keep the peace and prevent the undesired effects of armed conflicts and intolerance in the world, by full legal adaptation
of domestic law to the international instruments that regulate the rights and obligations of refugees, establishing basic
norms in this regard; That the safeguard and protection of human rights is a duty of the Colombian State incorporated
into the Constitution and ratified in international legal instruments that establish international solidarity and reciprocity,
as essential elements to guarantee the full exercise of the fundamental rights and freedoms.” See also, Constitutional
Court of Colombia, Judgment T-704/03 of August 14, 2003, Action for protection against an administrative decision
denying refugee status – admissibility, at: http://www.corteconstitucional.gov.co/relatoria/2003/t-704-03.htm.
204
Article 41 of the General Law on Immigration and Aliens’ Affairs of September 1, 2009, establishes that: “The
regulations on entry, exit and permanence for aliens who request asylum or refugee status shall be governed by the
Constitution, the conventions ratified and in force in Costa Rica, and other laws in force.” Article 106 establishes that:
“Recognition of refugee status shall be subject to the relevant provisions stipulated in the international instruments,
approved and ratified by the Government of Costa Rica and in force […],” and Article 110 stipulates that: “The
declaration, the rights and the obligations of the asylee and the stateless person shall be government by the provisions
of the relevant international conventions, duly ratified by Costa Rica, that are in force.” See also, Decree No. 32.195-G
of 2004, establishing the procedure to determine refugee status.
205
Decree No. 1,182 – Regulations for the application of the right to asylum, of May 30, 2012, establishes the
following in the preamble: “It is decreed: To issue the following regulations for the application in Ecuador of the right to
asylum established in article 41 of the Constitution, the provisions of the 1951 United Nations Convention, and the
provisions of these regulations. See also, Judgment of the Third Chamber of the Constitutional Court of Ecuador, No.
0236-2005-RA, of May 15, 2006.
206
The preambular paragraphs of Decree Law No. 918, of August 14, 2002, establish: “I. That the Republic of El
Salvador has ratified the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the
51
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