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Article 1
Under the terms of this decree a refugee is defined as any person who, due to a justified fear of
persecution by reason of race, religion, nationality, membership of a particular social group, or
political views, is outside of their country of nationality and unable or, because of those fears,
unwilling to seek the protection of that country; or who, lacking nationality and finding themselves,
as a result of such occurrences, outside of the country where they previously had their habitual
residence is unable or, because of those fears, unwilling to return to it.
Article 2
Also considered refugees on humanitarian grounds shall be all those persons who have been
forced to flee their country because of internal armed conflicts; foreign aggression, occupation, or
domination; massive violation of human rights; or events of a political nature that seriously disrupt
public order in the country of origin or provenance.
Article 4
For the purposes of assessing a foreigner as a refugee, applications shall be received at the
Ministry of Foreign Affairs and Worship, which, through the appropriate department, shall receive
a confidential written statement from the applicant and such evidence as they may provide, and
shall proceed to deal with applications, following their assessment, in accordance with the
provisions contained in the international instruments on these matters and the recommendations
and documents issued by the Office of the United Nations High Commissioner for Refugees.
Denials shall be communicated to the applicant and the United Nations High Commissioner for
Refugees and may be reconsidered within a maximum of 30 days.
Article 5
The declaration of refugee status grants the foreigner the protection dispensed by the state, which
consists of the guarantee of non-return to the country, whether or not it is the country origin, where
their right to life or to personal liberty is at risk of violation for the reasons mentioned in articles 1
and 2, in keeping with the principle set forth in article 33 of the 1951 Convention Relating to the
Status of Refugees and in article 22(8) of the American Convention on Human Rights, and with
the Constitution, under Titles One (Fundamental rights and duties of the person) and Two
(Guarantees of the person).
As a result of that declaration, the refugee will be granted authorization for indefinite or temporary
residence in Bolivia; travel and identity documents, should they need them; the right to work, and
all the other powers and rights to which they are entitled under the terms of the above 1951 United
Nations Convention.9
3.
Legislative reforms after the events
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54.
Executive Decree 28329 was issued on September 1, 2005. The preambles of these
decrees indicate that their purpose was the implementation of a "coordinated action" on the part of the
state through a "permanent mechanism for the assessment and consideration of those cases.” It was also
stated that this permanent mechanism for the assessment and consideration of applications for
recognition of the refugee status should be empowered to determine the propriety of the admission and/or
rejection of applications as well as the consequences arising therefrom, in accordance with the provisions
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contained in the 1951 Convention relating to the Status of Refugees.
55.
9
Indeed, Article 1 of this law provides,
Appendix 36. Relevant domestic standards.
10
Appendix 24. Executive Decree 28329 of September 1, 2005. National Commission on Refugees in Bolivia. Rules and
Procedures.
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Procedures.
Appendix 24. Executive Decree 28329 of September 1, 2005. National Commission on Refugees in Bolivia. Rules and