refugee, but declares him to be one. He does not become a refugee because of recognition, but is recognized because he is a refugee. 181 146. Paragraphs D,182 E183 and F184 of this article 1 of the 1951 Convention establish a series of “exclusion clauses” that permit the non-application of the protection of the Convention, even when the person complies with the definition of a refugee. 147. Given the declarative nature of the determination of refugee status, and even the important role granted to the UNHCR in the context of international protection, it is, above all, the States parties to the 1951 Convention, that must recognize this status, based on the respective fair and competent proceedings.185 148. Once a person’s status as a refugee has been determined, “it is maintained, unless he comes within the terms of one of the cessation clauses.”186 These clauses are contained in paragraphs (1) to (6) of section C of Article 1 of the 1951 Convention. 149. In addition to requiring a rigorous proceeding for their application, “these cessation clauses are negative in character and are exhaustively enumerated. They should therefore be interpreted restrictively, and no other reasons may be adduced by way of analogy to justify the withdrawal of refugee status.”187 150. The Court considers that the above provisions and regulations reveal that, once a State has declared refugee status, this protects the person to whom this has been recognized beyond the borders of that State, so that other States that the said person enters must take into account this status when adopting any measure of a migratory character in his regard and, consequently, guarantee a duty of special care in the verification of this status and in the measures that it may adopt. B.2.b) The principle of non-refoulement of refugees and asylees and applicants for this status 181 United Nations High Commissioner for Refugees. 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). HCR/1P/4/ENG/REV.3. Available at: http://www.unhcr.org/3d58e13b4.html, para. 28. 182 “This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance.” 183 “This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.” 184 “The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) he has been guilty of acts contrary to the purposes and principles of the United Nations.” 185 Nevertheless, “in some cases, exceptionally, the UNHCR may determine that a person should have refugee status, but this is a practice that has only been used in those countries that have not signed any international refugee instrument, where the national authorities have asked the UNHCR to perform this role. In Latin America, for example, only in the case of Cuba has the UNHCR substituted the State’s function in the determination of the refugee status of those who have requested this, because it is the only State in the region that is not a party to the 1951 Convention or its 1967 Protocol.” Cf. Written version of the expert opinion of Juan Carlos Murillo provided on March 29, 2013 (evidence file, folio 1368 and 1369). 186 United Nations High Commissioner for Refugees. Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, para. 112. 187 United Nations High Commissioner for Refugees. Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, para. 116. 48