Guatemala City February 15-16, 2007 Best Practices on Refugee Protection Incorporated into the Legislation of RCM Member Countries

Objectives + Describe the minimum contents of legislation on refugees + Identify best practices on international refugee protection incorporated into the national legislation of RCM member countries

Minimum Contents of Legislation on Refugees

Criteria to Acknowledge the Refugee Status + Refugee Definition of the 1951 Convention + Criteria for Acknowledgment by Extension Principles of International Refugee Protection + Right to asylum + Non-refoulement principle + No sanction for illegal entry + Non-discrimination

Minimum Contents of Legislation on Refugees Norms on Treatment of Refugees Convention and 1967 Protocol + International Human Rights instruments Determining the Status of Refugee + Identifying the authorities who are in charge + Rights and responsibilities of asylum applicants + Confidentiality of information + Procedural principles

Minimum Contents of Legislation on Refugees Refugee Entry, Stay, and Residence + Regularization of the migration situation of asylum applicants + Identity documents of asylum applicants and refugees (men, women, boys, and girls) + Migration category of acknowledged migrants Expulsion + Exceptional nature of expulsion (security or public order reasons)

Minimum Contents of Legislation on Refugees Exceptional Nature of Detention + Cases where detention of asylum applicants is required + Alternative actions which do not deprive persons of their freedom Cooperation with UNHCR + Surveillance role of the 1951 Convention

Best Practices on International Refugee Protection Incorporated into National Legislation

Best Practices Refugee Definition 1. Persecution for gender reasons (Panama, El Salvador, and Guatemala) 2. Expanded refugee definition of the 1984 Cartagena Declaration on Refugees (Mexico, Belize, El Salvador, Guatemala, and Honduras)

Best Practices Family Reunification 3. Acknowledgment of common-law marriage to guarantee the principle of family reunification (El Salvador)

Best Practices Complementary Forms of Protection 4. Humanitarian visas (Honduras) 5. One procedure to determine a person’s need for international protection (Canada)

Best Practices Differentiated Protection Measures 6. Special protection measures for boys and girls who are refugees or asylum applicants (Guatemala)

Best Practices General Migration Legislation does not Apply to Refugees 7. Special regulation in terms of entry, exit, and stay of refugees (Costa Rica)

Best Practices Procedural Standards 8. No formalities in submitting asylum applications (El Salvador) 9. Individual interviews with each applicant (Guatemala)

Best Practices Procedural Standards (cont.) 10. Possibility for asylum applicants to choose a male or a female interviewer (Panama) 11. Provide information regarding the procedure to asylum applicants, as well as their rights and responsibilities, including the possibility to contact UNHCR (Guatemala)

Best Practices Procedural Standards (cont.) 12. Notify UNHCR of decisions related to refugee status determination (Dominican Republic) 13. Migration documents are free of charge for asylum applicants and acknowledged refugees (United States)

Best Practices Procedural Standards (cont.) 14. Search information on the country of origin (El Salvador)

Best Practices Work Permit for Asylum Applicants 15. Asylum applicants enjoy a temporary work permit (Canada)

Best Practices Change of Migration Category 16. The possibility of a change of migration category without losing the refugee status (Panama)

Best Practices Local Integration 17. Role of national authorities (Honduras)

Best Practices Process of Adopting Laws and Decrees 18. Request assistance and technical supplies to UNHCR (Mexico Declaration and Plan of Action to strengthen International Refugee Protection in Latin America)