San Jose Declaration on Refugees and
Displaced Persons under the Auspices of the Costa Rican Government
International Colloquium in Commemoration of
the Tenth Anniversary of The Cartagena Declaration on Refugees
CO-ORGANIZED BY: UNITED NATIONS HIGH
COMMISSIONER FOR REFUGEES INTER-AMERICAN INSTITUTE OF HUMAN RIGHTS
San José, 5-7 December 1994
INTRODUCTION
The 1984 "Cartagena Declaration on Refugees" was
a key instrument in the search for durable solutions to the problems faced by
thousands of Central Americans forced to leave their homes as a consequence of
generalized violence that resulted from the serious conflicts in the region
during the 1980s. At tile same time, it has. inspired the legal treatment of
similar cases in several South American countries, and its expanded definition
of "refugee" has been incorporated into the national legislation or
administrative practices concerning refugees in various countries in the
region.
Taking into account die positive impact of the
Cartagena Declaration, tile Executive Committee of tile United Nations High
Commissioner for Refugees, in its Conclusion No. 71 (o) (XLIV) of 1993,
encouraged UNHCR to participate actively in the commemoration of its tenth
anniversary. Similarly, the General Assembly of the Organization of American
States adopted, in its 24th Session, a Resolution on Refugees, Returnees and
Displaced in the American Hemisphere, expressing its support for such an
initiative.
A Colloquium to commemorate the tenth
anniversary of tile Cartagena Declaration on Refugees was held in Sail
José, Costa Rica, from 5 to 7 December 1994. The Colloquium was
co-organized by UNHCR and the Inter-American Institute of Human Rights, under
die auspices of die Government of Costa Rica. Government Officials and experts
from more than 20 American and Caribbean countries attended the Colloquium. As
a result, participants in the Colloquium adopted the "San José
Declaration on Refugees and Displaced Persons", which in addition to
reiteraiting the validity of the principles embodied in the Cartagena
Declaration, deals with the current situation of refugees and other populations
affected by violence, and proposes guidelines for the search of solutions to
their plight. The San José Declaration provides an important input for
the legal analysis and treatment of those persons who are forced to leave their
homes because of persecution or generalized violence, foreign aggression,
internal conflicts, massive violations of human rights or other circumstances
which have seriously disturbed public order.
As the Cartagena Declaration of 1984, the San
José Declaration is predestined to become an important precedent in the
subject of refugees and displaced persons, and its influence will probably
reach the whole American continent and the Caribbean. This publication is aimed
at its widest dissemination and its application by the authorities of the
countries affected. At the same time, we hope that the dissemination of
instruments such as the Cartagena Declaration and the San José
Declaration, as well as the application of the principles contained therein,
will he accompanied by the necessary support of the International Community as
a whole. This would he the only way to attain durable solutions to the acute
problems faced by refugees and displaced persons in the American Hemisphere.
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