Attachments
Executive Summary
The Latin American Academic Network on the Law and Integration of Refugees was established in 2014 and is comprised of representatives of Latin American professors, researchers and lawyers with vast knowledge, activity and experience in the field of refugee protection, asylum seekers, refugees, internally displaced and stateless persons, especially through legal clinics, NGOs and working directly with national and local governments within our region.
Our annual meetings have been held since the establishment of the Network, 10 years ago, and in September 2023 we met in Bogotá with the objective of specifically discuss the progress and challenges of the application of the Cartagena Declaration within the framework of its 40 years of existence.
Therefore, and given the complexities of the migratory movements in the Americas since the adoption of the Brazil Plan of Action, we would like to contribute in this public hearing with specific recommendations.
In general terms, we recommend:
That States:
1. Raise awareness and qualify officials involved in immigration control to identify people with international protection needs and other specific needs.
2. Implement alternative mechanisms to immigration detention.
3. Establish protocols and differentiated protection measures in the case of migrant children and adolescents, in which the best interest prevails.
4. Ensure access to refugee status determination procedure in all cases that require it.
5. Guarantee access to the procedure also for people who enter the country through humanitarian visas, so that they can obtain a legal status according to their situation.
6. Establish or strengthen public and free legal defense programs that ensure compliance with obligations regarding access to asylum procedures.
7. Activate existing public policies for the foreign population residing in the country, incorporating them into existing programs and plans or, eventually, creating new ones in order to guarantee their rights and protection.
8. Adopt an intersectional perspective to prevent, mitigate and combat discriminatory speeches and actions against migrant minorities, such as non-white persons, women and the LGBTQIAPN+ population.
9. Establish laws and regulations to recognize and document people displaced by disasters so that they have priority access to social and humanitarian assistance based on good practices already established in the region through national and subnational laws that recognize them as internally displaced persons or as migrants with humanitarian visas or even as refugees.
That Academia:
10. Support States in the development of protocols and guides for the identification of people in need of international protection.
11. Promote strategic litigation and the consequent establishment of local jurisprudence.
12. Raise awareness of the Cartagena principles and their interpretation in the region.
13. Collaborate with national authorities in the preparation of documents for the interpretation of the terms of the expanded definition of refugee, in order to ensure correct, fair and homogeneous application.
14. Conduct scientific research on migratory movements motivated by disasters in order to support public policies and national legislation.
That international Organizations:
15. Increase presence and monitoring in border areas in order to ensure compliance by States with correct identification and the guarantee of non-refoulement of people in need of protection.
16. Monitor compliance with international treaties and domestic laws on forced displacement due to disasters, as well as the effectiveness of access to rights of the population affected by disasters.