Tools for Refugee Status Determination in the context of the Mexico Plan of Action

Workshop on Protection and Durable Solutions within Mixed Migratory Flows San José, Costa Rica, 11-13 August, 2008

Tools for Refugee Status Determination

in the context of the Mexico Plan of Action




Regional overview

- Almost all countries in Latin America undertake refugee status determination (RSD)

- UNHCR carries out RSD only in one country in the region


National Eligibility Mechanisms

Multi-member, Inter-ministerial body

Argentina BoliviaBelize BrazilChile EcuadorEl Salvador GuatemalaNicaragua PanamaPerú Dominican

RepublicUruguay Venezuela

Single-member mechanism

(Migration Directorate)

Costa RicaHonduras

Ad hoc mechanism

Mexico


Regional Overview

Composition of eligibility commissions:- Ministries of Foreign Affairs, Interior, Justice, Labour,

Public Security, etc. - Establishment of Technical Secretariat

UNHCR´s role:- Member of the commission (with voice, no vote)- Technical advice and drafting of legal advisories- Country of Origin Information

Participation of civil socitiey in eligibility commissions


Tools for Refugee Status Determination

Interpretation of technical criteria

Mexico Plan of Action

Procedural Issues

Operational capacity Regional cooperation


Interpretation of Technical Criteria

Compilation of decision on eligibility

Use of UNHCR Handbooks and Guidelines on International Protection:- Guidelines on specific topics- Eligibility notes on specific nationalities- Country of Origin Information (www.acnur.org)


Procedural Issues

Use of UNHCR Handbooks on Registration and Procedural Standards for refugee status determination:

- Confidentiality rules- Filing and registration of applications - File management and processing of claim- ID cards for asylum seekers and refugees- Opening and closing of files


Operational Capacity

Profesionalization of staff- Specificity of functions - Selection of personnel (good judgment, analytical

skills, ethical values, etc.) - Continuity in the job

Management of Eligibility activities- Confidentiality of information- Security and well-being of staff - Activities to combat fraud and corruption


Operational Capacity

Training of Staff:- Exchanges among countries (e.g.: twinning projects)- UNHCR courses at the national and regional levels

(e.g.: VI Regional course for Latin America)

Operational support- Deployment of UNHCR staff

Signing of cooperation agreements- E.g.: Agreement between Migration Directorate

of Costa Rica and UNHCR


Regional Cooperation

Streamlining of communication mechanisms among States

- E.g.: In the case of irregular secondary movements of recognized refugees

Holding of regional meetings on refugee issues- Comemoration of Cartagena Declaration in 2004- RCM Workshop on Protection and Durable solutions in 2008

Documents

Tools for Refugee Status Determination in the context of the Mexico Plan of Action