Fora and Programmes for Refugees in Latin America

Refugee protection and responsibility sharing in Latin America: solidarity programmes and the Mexico Plan of Action

“…49 Regional systems should always be examined parallel to the universal, as they are not meant to replace the universal system, but to complement and supplement it when needed. 50 In this sense, as it will be shown below, the Cartagena Declaration not only ensured the minimum standards of the 1951 Convention, but allowed Latin American states to expand their national systems with a more humane and humanitarian attitude towards refugee protection. 51 …”

“…54 Nevertheless, there were differences between the 1969 OAU Convention and the 1984 Cartagena Declaration, as the Cartagena Declaration was aspirational in character and was not intended to be a legally binding instrument. 55 According to Kneebone and Rawlings-Sanae, it 'did not emerge from within a regional organisation but out of an ad-hoc group of experts and ten Latin American governments'. 56 In extending the concept of a refugee to include those displaced by war, massive violations of human rights or the severe disturbance of public order, the Cartagena Declaration filled a human rights gap, while simultaneously bridged the protection gap.…”

“…69 Among the most pertinent commitments of this component is the inclusion of the 'idea of solidarity in all of its actions '. 70 As applied in Latin America, regional solidarity has emphasised the need for sharing the responsibility for assisting victims of human rights violations, thereby defining a more positive strategy in the context of refugees' reception.…”

“…If conceived as a way of developing international standards, this Latin American regionalism seems to have a positive effect. 44 Latin America has a 'generous, long-standing tradition of asylum and protection of refugees' (often referred to as the 'generosa tradición') and has helped substantively in advancing and developing regional policy approaches, and, consequently, international refugee law towards the protection of victims of forced displacement. 45 This comes as a result of the region's long-established collective efforts.…”

“…58 Cartagena intended to adjust the focus from the global asylum system to the regional situation, but recommended that the regional refugee concept should complement the 1951 Convention. 59 Therefore, it 'should be viewed as a process that builds upon, and not apart from, the universal body of norms constituted by the 1951 Convention'. 60 According to the UNHCR, the Cartagena Declaration establishes the model of a harmonised approach, offering guidance for state practice and helping to tackle problems of forced displacement in Latin America.…”