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
The participants in the
Colloquium have reached the following conclusions:
First. To recognize the overriding
importance of the Cartagena Declaration in addressing refugee situations
generated by the Central American conflicts of the past decade, and,
consequently, to stress the appropriateness of resorting to the Declaration in
order to find solutions both to pending problems and to the new challenges
posed by uprootedness in Latin America and the Caribbean.
Second. To reaffirm the validity of the
principles contained in the Declaration as elaborated in the documents
Principles and Criteria for the Protection and Assistance to Central American
Refugees, Returnees and Displaced Persons in Latin America (1989), as well as
in the Evaluation of the Practical Application of those Principles and Criteria
(1994), and to reiterate, in particular, the value of the refugee definition
contained in the Cartagena Declaration, which, by being based upon objective
criteria, has constituted an effective humanitarian instrument in support of
State practice in extending international protection to persons in need
thereof, beyond the scope of the 1951 Convention and the 1967 Protocol.
Third. To stress the complementary nature
and convergence between the systems of protection to persons established in
International Human Rights Law, International Humanitarian Law and
International Refugee Law, and, with the aim of establishing a common legal
framework, to reiterate the convenience for those States which have not yet
done so to adhere to the pertinent international instruments. In this context,
the Colloquium makes an appeal to the States party to the 1969 American
Convention on Human Rights to adopt the domestic measures required to ensure
the full application and promotion of its provisions, as well as supervision by
the pertinent bodies provided for therein.
Fourth. To encourage the commitment of
the governments, non-governmental organizations and the jurists of the region
in favour of the promotion, development and harmonious application of
international human rights law, humanitarian law, an refugee law.
Fifth. To urge governments to encourage, with
the collaboration of UNHCR, a process of progressive harmonization of rules,
criteria and procedures concerning refugees, based on the 1951 Convention and
the 1967 Protocol relating to the status of refugees, the American Convention
on Human Rights, and the Cartagena Declaration.
Sixth. To encourage governments to seek
humanitarian solutions, within a coordinated framework, to pending problems of
refugees and persons displaced as a result of situations which have now been
resolved, or which are in the course of being resolved, by reinforcing
voluntary repatriation and reintegration programmes in their places of origin,
and considering, whenever possible, programmes to facilitate local integration,
the issuance of essential documentation and the normalization of their
migratory status, with the aim of preventing such problems from becoming new
sources of tension and instability.
Seventh. To call upon governments to
increase their region-wide cooperation in admitting refugee groups, including
those fleeing from situations foreseen in the Cartagena Declaration, as well as
to encourage concerted efforts to find solutions to the problems which generate
such forced displacement.
Eighth. To reiterate the responsibility
of the States to eliminate, with the support of the international community,
the causes of forced mass exodus and, in this way, ensure that refugee status
is only granted for as long as required.
Ninth. To underscore the importance of
fostering full observance of economic, social and cultural rights, in an effort
to contribute to their development and to their legal protection.
Tenth. To reaffirm that refugees as well
as those persons who migrate for other reasons, including economic ones, have
human rights which should be respected at all times and in all circumstances
and places. These inalienable rights should be respected before, during and
after their flight or return to their places of origin, with a view to ensuring
their well-being and human dignity.
Eleventh. To stress the advisability of
improving the situation of refugee and displaced children, taking into account
the specific provisions in this regard set forth in the 1989 Convention on the
Rights of the Child.
Twelfth. To underline the importance of
addressing the needs of refugee and displaced women and girls, particularly
those in a vulnerable situation, in the field of health, security, employment
and education, as well as to encourage the inclusion of gender-based criteria
in the examination of claims for refugee status.
Thirteenth. To recommend the full participation
of affected populations, especially women's groups and indigenous communities,
by encouraging the development of mechanisms which facilitate concerted action
in the design and implementation of programmes aimed at resolving situations
affecting refugees, returnees and displaced persons.
Fourteenth. To encourage an integrated
approach to the solution of problems of forced displacement, particularly as
regards voluntary return and repatriation, within the framework of coordinated
efforts in order to ensure, in addition to the security and dignity of the
beneficiaries, the durability of solutions. In this sense, reintegration and
rehabilitation efforts should be linked to medium and long-term sustainable
development efforts intended to alleviate and eradicate extreme poverty,
satisfy human needs, and strengthen respect for human rights, with due regard
for civil, political, economic, social and cultural rights.
Fifteenth. To stress the contribution of
the United Nations and the Organization of American States to the peace process
in Central America and the Caribbean through peacekeeping operations and
mechanisms for verification of compliance with specific agreements in the field
of human rights. At the same time, to urge the organizations responsible for
those operations to favourably consider requests made by concerned States that
they continue to carry out their activities.
Sixteenth. To affirm that the problem of
the internally displaced, albeit the fundamental responsibility of the States
of their nationality, is nevertheless of concern to the international community
because it is a human rights issue which can be linked to prevention of causes
which generate refugee flows. In this regard, persons in this situation should
be assured of the following:
(a) application of human rights norms and, when
applicable, International Humanitarian Law as well as, by analogy, certain
relevant principles of Refugee Law, such as non-refoulement;
(b) recognition of the civilian character of
displaced populations and of the humanitarian and apolitical nature of the
treatment afforded to them;
(c) access to effective protection by the
national authorities and to essential assistance, with the support of the
international community;
(d) attention to those rights which are crucial
for their survival, security and dignity, as well as other rights such as
adequate documentation, ownership of land and other assets, and freedom of
movement, including the voluntary nature of return; and
(e) the possibility of attaining a dignified and
safe solution to their displacement.
Seventeenth. To support the work of the
Representative of the Secretary General of the United Nations for the
Internally Displaced; within this framework, to foster and contribute to the
preparation of an international declaration founded on a set of principles and
basic rules for the protection and humanitarian treatment of internally
displaced persons whatever their situation or circumstances, without prejudice
to the basic right to seek asylum in other countries.
Eighteenth. To note with particular
interest the efforts initiated by the Permanent Consultative Group on
Internally Displaced in the Americas, as a regional inter-agency forum
dedicated to the study and consideration of the acute problems faced by the
displaced within their own countries for reasons similar to those that result
in refugee flows.
Nineteenth. To stress the positive
contribution made by the churches, the non-governmental organizations and other
sectors of civil society in providing assistance and protection to refugees,
returnees and the displaced in Latin America and the Caribbean, through the
coordination of their activities with those of the governments and the
international organizations.
Twentieth. To call upon States to urge
existing regional fora dealing with matters such as economic issues, security
and protection of the environment to include in their agenda consideration of
themes connected with refugees, other forced displaced populations and
migrants.
Twenty-first. To urge governments and
relevant international organizations to take account of the specific needs of
indigenous populations affected by the situations of uprootedness, with due
respect for their dignity, human rights, cultural identity and the links which
they maintain with their ancestral lands. In situations of uprootedness, the
affected population should be consulted directly and specialized approach and
the full participation of indigenous populations in assistance programmes and
in the planning of durable solutions in their favour, should be guaranteed.
Twenty-second. To support the efforts of the
Latin American and Caribbean countries in the implementation of sustainable
human development programmes, whose impact is crucial for both the prevention
of and solution to the problems of uprootedness and forced migration; and to
invite donor countries, financial institutions and the international community
to collaborate in these efforts through technical and financial cooperation
projects.
Twenty-third. To urge UNHCR to encourage
the Latin American and Caribbean countries to disseminate and promote, at all
possible levels, the norms relating to the protection of refugees, including
those that emanate from the Cartagena Declaration, and their linkage with norms
of International Humanitarian Law and, in general, to human rights; and to urge
the Inter-American Institute of Human Rights to continue its dissemination and
promotion efforts in this regard, in close collaboration with other competent
organizations.III
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