Author: Silvia Serna Román, Regional Litigator (GSLC)
Forty years ago, in the face of mass displacement caused by conflict and brutal military dictatorships, the Cartagena Declaration on Refugees (the Declaration) emerged as a cornerstone of the protection of displaced persons in Latin America. Despite change and progress since then, it remains as relevant and crucial today for individuals and entities involved in the defense of refugees.
The 1951 Geneva Convention (the Convention) and its 1967 Protocol contain the internationally accepted definition of “a refugee”. This definition has served as the basis of international treaty law for States to define and regulate, within their jurisdictions, the categories of protection under which they allow the entry and stay of displaced persons.
These two documents were created in the aftermath of World War II to address the complex landscape of human displacement that resulted from this conflict.
In 1981, a colloquium was held in Mexico City to discuss the particularities of Latin American exiles, mainly caused by civil wars and the military dictatorships that took power in several Latin American countries in the 1970s and 1980s.
This was the first instance where the necessity for an instrument tailored to the specific needs of the Latin American population was acknowledged.
As a result, in 1984, in the city of Cartagena de Indias, Colombia, the States concerned met at the “Colloquium on the International Protection of Refugees in Central America, Mexico and Panama: Legal and Humanitarian Problems” and drafted what is now known as The Cartagena Declaration on Refugees.
The document laid the foundations for a modern and renewed approach to the challenges of people seeking asylum. One aspect of it stands out from previous international documents: the expanded definition of refugee.
The Declaration’s expanded refugee definition is more flexible than the traditional Convention definition. The former adds four criteria for when a victim should be considered a refugee and therefore within the scope of protection: generalized violence, foreign aggression, internal conflict and generalized violations of human rights.
Another important feature of the Declaration is that it requires a person to perceive a “threat” to life, security, or liberty, as opposed to needing to show the recognized, stricter criteria of a “well-founded fear” established in the Convention. In addition, the definition is written in the plural, which broadens its application to groups of persons. When combined with the threat component above, this, according to the proposed interpretation of Cantor and Trimiño, has two effects: first, it reduces the evidentiary standard; and second, it implies that the threat does not have to have been realized or acted upon.
On December 12, 2023, Chile assumed leadership of the Cartagena +40 (C+40) process during the Global Forum on Refugees in Geneva. This process, supported by UNHCR, includes Regional Consultations, a Political Declaration (known as the Santiago Declaration), the Chile 2024-2034 Plan of Action, and a ministerial event. Building on regional consensus and progress, it will build on the Brazil Plan of Action, strengthening and expanding tools and good practices in Latin America and the Caribbean.
The following are some of the priority recommendations that must be taken into account in order to achieve real changes in the support of refugees:
The racism and xenophobia that unfortunately still prevail in the region must be recognized. Nationalism and discrimination have historically failed and are contrary to the spirit of the Declaration.
Evaluation and participation processes should prioritize the voices and vision of people with lived experience in the construction of initiatives that affect refugees and migrants. Decision-making spaces should ensure their meaningful participation and their integration should seek their active participation in the political, social, and cultural life of the host countries.
The climate crisis has been a longstanding cause of displacement, debated for decades without achieving clear agreements on how to protect those displaced by it. It demands a governmental commitment to transition from discussion to action and agreements.
Adequate resources should be allocated to national agencies responsible for refugee determination procedures.
In view of the diversity of the population in mobility, the solutions and policies of the States must guarantee a differentiated approach that ensures the protection of individuals that takes into account their own personal circumstances and vulnerabilities
It is necessary to take advantage of technological advances in order to facilitate processes, overcome geographical barriers, and simplify procedures for recognizing and regularizing refugees. This is a benefit to all and would save cost and resources in host countries whilst ensuring a smoother and more welcoming transition for displaced peoples.
The Santiago Declaration represents an opportunity to reflect on the road traveled since the Cartagena Declaration. However, it is important that the discussion shifts the focus from problems to solutions. When implementing follow-up and monitoring mechanisms, it is imperative to adopt the best practices developed over the past 40 years and prioritize the voices of those directly impacted.
The landscape is constantly changing, but humanity has proven itself capable of adapting and flourishing in times of uncertainty. States can and must do more to protect refugees. Border protection does not have to mean rejection.
Latin America and the Caribbean demonstrated solidarity through the promulgation of the Declaration. However, it is during times of crisis, like those we see today at borders across the region, that true resolve is put to the test.