grounds led to what has usually been defined as “the Latin American asylum tradition.”163 In the
region, the traditional concept of asylum evolved with the normative development of the interAmerican human rights system. Thus, Article XXVII of the 1948 American Declaration of the
Rights and Duties of Man (hereinafter “the American Declaration”) included the right of
asylum,164 which entails the recognition of an individual right to seek and receive asylum in the
Americas. This evolution was followed at the universal level by the adoption, in 1948, of the
Universal Declaration of Human Rights in Article 14 of which “the right to seek and to enjoy in
other countries asylum” was explicitly recognized. As of that time, asylum began to be codified
in human rights instruments and not only in inter-State treaties.
138. The 1951 Convention relating to the Status of Refugees (hereinafter “the 1951
Convention”) was subsequently approved to deal with situations involving refugees resulting
from the Second World War and, therefore, places great emphasis on the prohibition of
refoulement and the right to assimilation.165 Its 1967 Protocol expanded the applicability of the
1951 Convention by eliminating the geographical and temporal limitations that had restricted its
application to those displaced in the said context. Bolivia acceded to these treaties as of
February 9, 1982, and, by Law 2071 of April 14, 2000, “approved the said Convention as a law
of the Republic.”
139. The crucial importance of both treaties stems from the fact that they are the first
international instruments that specifically regulate the treatment that should be given to those
who are forced to abandon their homes owing to a rupture with their country of origin. Even if
the 1951 Convention does not explicitly establish the right to asylum as a right, it is considered
to be implicitly incorporated into its text, which mentions the definition of refugee, the
protection against the principle of non-refoulement, and a list of rights to which refugees have
access. In other words, these treaties establish the basic principles on which the international
protection of refugees is based,166 their legal status, and their rights and duties in the country
that grants them asylum, as well as matters relating to the implementation of the respective
instruments.167 With the protection provided by the 1951 Convention and its 1967 Protocol,168
the institution of asylum assumed a specific form and mechanism at the global level: that of
refugee status.169 Thus, “the institution of asylum, which derives directly from the right to seek
and enjoy asylum set out in Article 14(1) of the 1948 Universal Declaration of Human Rights, is
among the most basic mechanisms for the international protection of refugees.”170
163
1376).
Written version of the expert opinion of Juan Carlos Murillo presented on March 29, 2013 (evidence file, folio
164
“Every person has the right, in case of pursuit not resulting from ordinary crimes, to seek and receive asylum in
foreign territory, in accordance with the laws of each country and with international agreements.”
165
Cf. Convention relating to the Status of Refugees, adopted on July 28, 1951, by the United Nations Conference
of Plenipotentiaries on the Status of Refugees and Stateless Persons.
166
1367).
Written version of the expert opinion of Juan Carlos Murillo presented on March 29, 2013 (evidence file, folio
167
Cf. Office of the UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status under the 1951
Convention and the 1967 Protocol relating to the Status of Refugees (reedited, Geneva, 1992).
168
In the Americas, 28 States are parties to the 1951 Convention and 29 States are parties to its Protocol. All the
States of Latin America, except Cuba, are parties.
169
This is evident from the Preamble to the 1951 Convention, which indicates the importance of international
cooperation to ensure the granting of asylum by means of the treaty, and has been reiterated by the UNHCR Executive
Committee.
170
UNHCR Executive Committee. Conclusions on safeguarding asylum. 1997 (forth-eighth session of the Executive
Committee). No. 82 (XLVIII). The Executive Committee, in its Conclusion No. 5 of 1977 had already appealed to the
States parties to the 1951 Convention and the 1967 Protocol to follow liberal practices in granting permanent or at least
temporal, asylum to refugees who had come directly to their territory. Cf. UNHCR Executive Committee. Asylum. 1977
(twenty-eighth session of the Executive Committee) No. 5 (XXVIII).
45
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