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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