Guatemala CityFebruary 15-16, 2007

Best Practices on Refugee Protection

Incorporated into the Legislation of RCM Member

Countries

Objectives

+ Describe the minimum contents of legislation on refugees

+ Identify best practices on international refugee protection incorporated into the national legislation of RCM member countries

Minimum Contents of Legislation on Refugees

Minimum Contents of Legislation on Refugees

Criteria to Acknowledge the Refugee Status

+ Refugee Definition of the 1951 Convention + Criteria for Acknowledgment by Extension

Principles of International Refugee Protection+ Right to asylum+ Non-refoulement principle+ No sanction for illegal entry+ Non-discrimination

Minimum Contents of Legislation on Refugees

Norms on Treatment of Refugees

+ 1951 Convention and 1967 Protocol+ International Human Rights instruments

Determining the Status of Refugee+ Identifying the authorities who are in charge+ Rights and responsibilities of asylum

applicants+ Confidentiality of information+ Procedural principles

Minimum Contents of Legislation on Refugees

Refugee Entry, Stay, and Residence

+ Regularization of the migration situation of asylum applicants + Identity documents of asylum applicants

and refugees (men, women, boys, and girls) + Migration category of acknowledged

migrants

Expulsion+ Exceptional nature of expulsion

(security or public order reasons)

Minimum Contents of Legislation on Refugees

Exceptional Nature of Detention

+ Cases where detention of asylum applicants is required+ Alternative actions which do not deprive

persons of their freedom

Cooperation with UNHCR+ Surveillance role of the 1951 Convention

Best Practices on International

Refugee Protection Incorporated into

National Legislation

Best Practices

Refugee Definition

1. Persecution for gender reasons (Panama, El Salvador, and Guatemala)

2. Expanded refugee definition of the 1984 Cartagena Declaration on Refugees

(Mexico, Belize, El Salvador, Guatemala, and Honduras)

Best Practices

Family Reunification

3. Acknowledgment of common-law marriage to guarantee the principle of family reunification (El Salvador)

Best Practices

Complementary Forms of Protection

4. Humanitarian visas (Honduras)

5. One procedure to determine a person’s need for international protection (Canada)

Best Practices

Differentiated Protection Measures

6. Special protection measures for boys and girls who are refugees or asylum applicants (Guatemala)

Best Practices

General Migration Legislation does not Apply to Refugees

7. Special regulation in terms of entry, exit, and stay of refugees (Costa Rica)

Best Practices

Procedural Standards

8. No formalities in submitting asylum applications (El Salvador)

9. Individual interviews with each applicant (Guatemala)

Best Practices

Procedural Standards (cont.)

10. Possibility for asylum applicants to choose a male or a female interviewer (Panama)

11. Provide information regarding the procedure to asylum applicants, as well as their rights and responsibilities, including the possibility to contact UNHCR (Guatemala)

Best Practices

Procedural Standards (cont.)

12. Notify UNHCR of decisions related to refugee status determination (Dominican Republic)

13. Migration documents are free of charge for asylum applicants and acknowledged

refugees (United States)

Best Practices

Procedural Standards (cont.)

14. Search information on the country of origin (El Salvador)

Best Practices

Work Permit for Asylum Applicants

15. Asylum applicants enjoy a temporary work permit (Canada)

Best Practices

Change of Migration Category

16. The possibility of a change of migration category without losing the refugee status

(Panama)

Best Practices

Local Integration

17. Role of national authorities (Honduras)

Best Practices

Process of Adopting Laws and Decrees

18. Request assistance and technical supplies to UNHCR

(Mexico Declaration and Plan of Action to strengthen International Refugee Protection in Latin America)