A discussion on the efficiency of a Regional instrument: The Cartagena Declaration

Résumé du document

The events which disturbed South America started in the 70's and during the period 1975-1982 for Central America. Encouraged by the reversal of power of general Pinochet in Chili on September the 11th in 1973, other countries of the South American continent (Argentina, Uruguay, Brasil...) suffered dictatorship and refugee flows. After that, it was Central America's turn (in Nicaragua, Salvador, Guatemala...) to endure political repression and civil war that caused massif population exodus. At the end of the Central American crisis and the huge wage of refugee claims that followed in the late eighties, the States of the Region had to adapt their legislation concerning the asylum seekers and refugees' protection. It was relevant to raise the antecedents, the principles and the state practices that inspired and nurture the Cartagena Declaration on Refugees of 1984. When the refugee camps in Mexico and Central America closed in the mid-90s, the number of asylum claims rose again. These events created different kinds of situations. A lot of people had to move inside their country because of the persecutions, violence and drug traffics. Thus, almost one million people had to flee from their country.

Extraits

[...] ' The situation of the refugees in Latin America changed radically since the apparition of the Cartagena Declaration. Indeed, the new wages of refugees that appeared consecutivly to the incidents and modifications in the 70's and 80's have been reconsidered after the declaration has been adopted. One can notice that the Cartagena Declaration has improved the consideration of these people and their situation. It is relevant to underline the efforts made by this international instrument to seek specific aid facing differents situations. [...]

[...] International Refugee Law: a reader. New Delhi; Thousand Oaks, Calif. Sage Publications 4-The Refugee Situation in Latin America: Protection and Solutions Based on the Pragmatic Approach of the Cartagena Declaration on Refugees of 1984, accessed 27 November 2006; available from http://ijrl.oxfordjournals.org; Internet. accessed 20 November 2006; available from http://www.unhcr.org; Internet. accessed November 27 2006; available from http://www.yorku.ca/web/index.htm; Internet. Afrique, Amérique latine : une protection spécifique, accessed November 20 2006; available from http://www.ladocumentationfrancaise.fr/dossiers/refugies/statut-afrique- amerique.shtml; Internet. DECLARAÇÃO DE CARTAGENA 19 a 22 de Novembro de 1984, accessed November 28 2006; available from http://www.refugiados.net/cidadevirtual/legislacao/legislacao2.html; Internet. [...]

[...] However, this is only a declaration and not a hard instrument of international law. Consequently, one can easily question about he efficiency of a simple declaration to cope with a huge new flew of refugees. Is a declaration enough restrictive in front of the decisions of states that are not obliged to obey this law. What is the actual impact and practical value of the Carthagena Declaration within Latin American? In this paper, I will focus first on the improvements brought by the Cartagena Declaration in terms of respect of refugee rights in Latin America, and its integration in the South American process. [...]

[...] If it had been like this, then no controversy about the respect of this or the punishment of the non -respectful countries could be possible. However, the international law is still improving and especially the human rights regime. Even if the Cartagena Declaration is "just a declaration", the past experiences proved that it is enough to make the States' behavior to improve. Indeed, " the only contemporaneous formulation of international human rights was the Universal Declaration of Human Rights" page 119). [...]

[...] Discuss of the efficiency of a Regional instrument: the Cartagena Declaration The events which disturbed South America started in the 70's and during the period 1975-1982 for Central America. Encouraged by the reversal of power of general Pinochet in Chili on September the 11th in 1973, others countries on the South American continent (Argentina, Uruguay, Brasil . ) suffered dictatorship and refugees flows. After, it was Central America's turn (in Nicaragua, Salvador, Guatemala . ) to endure political repression and civil war that caused massif population exodus. [...]