Republic,213 Uruguay214 and Venezuela215 reflect a growing consensus in the region that the
protection of refugees and applicants for this status must be regulated at the domestic level in
keeping with the provisions of international refugee law, so that this must be provided by
competent and previously established authorities, under specific proceedings that respect
guarantees of due process of law. 216
Status of Refugees, by Legislative Decree No. 167 of February 22, 1983, published in Official Gazette No. 46, Volume
278, of March 7, 1983; (II) That, pursuant to the provisions of art. 12(1) of the said Convention and III of the Protocol,
the principles contained in the American Convention on Human Rights and in the Cartagena Declaration on Refugees, it
is necessary to establish domestic legislation that guarantees the application of the said international instruments, and
(III) That, in order to comply with the international obligations a special law must be enacted that determines the status
of refugees.”
207
The preambular paragraphs of Government Decision 383-2001, of September 14, 2001, establish: “That the
Constitution of the Republic recognizes the right to asylum and grants this in accordance with international norms,
principles and practices; That Guatemala is a party to the Convention relating to the Status of Refugees adopted in
Geneva on July 28, 1951, and the Protocol relating to the Status of Refugees signed in New York on January 31, 1967,
to the 1969 American Convention on Human Rights, to the 1989 Convention on the Rights of the Child, to the 1979
Convention on the Elimination of All Forms of Discrimination against Women, and to the Convention for the Prevention,
Punishment and Eradication of Violence against Women (Convention of Belem Do Para). That it is desirable to issue legal
provisions that regulate and guarantee the application of the principles and norms contained in these international
instruments in order to regulate the criteria and the administrative procedure to determine refugee status on the
territory of the State of Guatemala.”
208
Cf. Law on Refugees and Complementary Protection of January 27, 2011, Articles 25, 59 and 60; See also:
Regulations to the Law on Refugees and Complementary Protection of February 21, 2012.
209
Article 26 of Law 130 on the Protection of Refugees, of June 3, 2008, establishes that: “(A) In order to take
decisions, CONAR shall base itself on the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, the
Conclusions of the UNHCR Executive Committee, the UNHCR Handbook, and all the international treaties and
conventions to which Nicaragua is a State party and that relate to the matter.”
210
Cf. Executive Decree No. 23 of February 10, 1998, expanding Law No. 5 of October 26, 1977, which approved
the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, repeals Decree No. 100 of July 6, 1981,
and Executive Decision No. 461 of October 9, 1984, and issued new provisions regarding temporary protection for
humanitarian reasons (considering paragraphs).
211
Cf. General Law No. 1938 on Refugees of June 9, 2002.
212
Article 1 of Law No. 27,891 – Refugee Law of December 20, 2002, establishes that: “The purpose of this law is
to regulate the entry, recognition and legal relations of the Peruvian State with the refugee, in keeping with the
international instruments to which Peru is a party and the relevant domestic laws.” Article 2 establishes that: “The State
recognizes the rights and obligations inherent in refugee status to those who are granted this status, in accordance with
the international instruments that it has ratified, and maintains a humanitarian position towards those who enjoy the
protection of the United Nations High Commissioner for Refugees.”
213
The preambular paragraphs of Decree No. 1569 of November 15, 1983, which creates the National Refugee
Commission, establish: “That the Dominican Republic is a signatory of the 1951 Convention relating to the Status of
Refugees and of the 1967 Protocol relating to the Status of Refugees; That, in order to implement these international
agreements, it is necessary to create an institutional mechanism that will allow interested parties to apply for the
protection established in them.” Article 47 of Law 285 of August 15, 2004, on Immigration, establishes that: “The entry
and permanence of aliens admitted in the category of temporary residents, in the sub-category of political asylees or
refugees, shall be regulated by the provisions of the agreements and treaties signed by, and in force in, the Dominican
Republic.”
214
Article 47 of Law No. 18,076 – Right to asylum and refugees of January 5, 2007, establishes that: “Regarding
the matter regulated by this law, international law shall be applied directly, especially the international human rights
law, international humanitarian law, and international refugee law contained in norms, treaties and conventions ratified
by Uruguay (Article 168(20) and Article 85(7) of the Constitution of the Republic), or declarations of international
organizations to which the country is a party and to which it has adhered.”
215
Article 1 of Law No. 34 of September 13, 2001 – Organic Law on Refugees and Asylees, of October 3, 2001,
establishes that: “The purpose of this law is to regulate refugee status and asylum, in keeping with the terms of the
Constitution of the Bolivarian Republic of Venezuela and in the international instruments on refugee status, asylum and
human rights ratified by the Republic, as well as to determine the procedure to be followed by the organs and officials of
the national public powers responsible for complying with them.” See also, Decree No. 2,419 of 2003; Regulations to the
Organic Law on Refugees and Asylees.
216
Cf. General Law on Recognition and Protection of the Refugee, promulgated on November 28, 2006, article 36
(Argentina); Law No 20,430 of April 15, 2010, establishing provisions for refugees, articles 19, 20, 25 and 30 (Chile);
Law No. 18,076 – Right to asylum and refugees of January 5, 2007, article 31 (Uruguay); Supreme Decree No. 1440 of
2012, articles 27, 29, and 32 (Bolivia); Law No. 9,474, of July 22, 1997, article 9 (Brazil); Law 130 on Protection of
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