General Law On The Recognition And Protection Of Persons Stateless Persons

Original Language Title: LEY GENERAL DE RECONOCIMIENTO Y PROTECCION DE LAS PERSONAS APATRIDAS DISPOSICIONES

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GENERAL LAW ON THE RECOGNITION AND PROTECTION OF STATELESS PERSONS

Law 27512

Provisions.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

GENERAL LAW ON THE RECOGNITION AND PROTECTION OF STATELESS PERSONS

TITLE I

General provisions

Article 1-The protection of stateless persons shall be governed by the provisions of international law, in particular human rights, applicable in the Republic of Argentina, the Convention on the Statute of the Apatras of 1954 and the Convention to Reduce the Cases of Apatridia of 1961, as well as any other international instrument on stateless persons to be ratified in the future. Due to its special status, the law prevails over the applicable legal regulations applicable to foreigners in general, except in respect of that which is more favourable to the stateless person.

Article 2-The provisions of this law shall apply to any person who is an applicant for the status of a stateless person, or a stateless person who is under the jurisdiction of the Argentine authorities, provided that he is not understood by the provisions of the General Law on Recognition and Protection of Refugees 26.165 and its regulations.

For the purposes of this law, 'jurisdiction' shall mean the national territory, its borders, territorial sea, airspace or inland waters.

Article 3-The purpose of this law is to assure stateless persons and applicants for the recognition of such a condition, the widest possible enjoyment of their human rights and to regulate the determination of the status, protection, assistance and granting of facilities for the naturalisation of stateless persons who are not refugees.

TITLE II

Of the status of stateless

Chapter I

Definition. Scope of application.

Article 4 °-For the purposes of this law, any person who is not considered to be a national of his or her own by any State shall be deemed to be "stateless" in accordance with his legislation.

Article 5-This law shall not apply:

1. Persons currently receiving protection or assistance from a United Nations body or body other than the United Nations High Commissioner for Refugees, while receiving such protection or assistance.

2. To whom the competent authorities of the country where they have established their residence recognize the rights and obligations inherent in the possession of the nationality of that country.

Article 6-The status of stateless persons shall not be granted to persons in respect of which there are reasonable grounds for considering:

(a) that they have committed a crime against peace, a crime of war or a crime against humanity, defined in the international instruments relating to such crimes;

(b) they have committed a serious non-political offence outside the country of their residence prior to their admission to that country;

c) They are guilty of acts contrary to the purposes and principles of the United Nations.

Chapter II

Interpretation of the law

Article 7 °-This law will be interpreted from a perspective sensitive to gender, age, and diversity, and in the sense that favors the stateless person.

The law may not be interpreted to limit or exclude stateless persons from the enjoyment and exercise of any other right recognized in international human rights treaties in which the State is a party, the National Constitution or the laws.

The clauses of exclusion, cessation, revocation and cancellation provided for in this law will be interpreted in a restrictive manner, and others cannot be established by analogy.

Article 8 °-The rules on admission, admission, permanence and discharge of the national territory of foreign persons, as well as the regulations concerning their documentation and naturalization or, in general, that on administrative procedures, shall be direct application if they were more favourable to the stateless person.

Chapter III

Applicable principles

Article 9 °-Non-discrimination. The authorities shall ensure the free and full exercise of all rights recognized in this law to any stateless person who is subject to the jurisdiction of the country, without any discrimination on the grounds of ethnicity, color, sex, sexual orientation, identity and/or expression of gender, language, religion, political or other opinions, national, social or ethnic origin, economic situation, birth, migratory status or any other social condition.

Article 10.-No penalty for irregular entry or stay. The stateless person or the applicant for the recognition of such a condition shall not be required to impose criminal or administrative penalties on account of their entry or irregular migratory presence, provided that the authorities and the authorities are immediately present. justified cause of their entry or irregular migratory presence.

If, as a result of the analysis of the application, the applicant for the status of a stateless person is recognized as such, any judicial or administrative measure that would have been dictated by his or her irregular migratory presence or presence shall be left without effect.

Article 11.-Non-expulsion. The stateless person or applicant for recognition of such a condition shall not be expelled from the country, unless for reasons of national security or public order. In such a case, the expulsion shall be effected only by virtue of a decision taken in accordance with the legal procedures in force, being reasonable and proportionate, ensuring an adequate balance between the consequences of the measure and the interest of the society.

Any expulsion measure shall be resolved by the National Directorate of Migration or the body that replaces it in the future, in accordance with Law 25,871 and its regulations respecting due process guarantees, and after consulting with the National Refugee Commission (CONARE).

Except for overriding reasons of national security, the stateless person shall be permitted to provide evidence in his discharge, to bring proceedings and to be represented for that purpose with the competent authority.

If the expulsion takes place, the stateless person shall be granted a reasonable period within which he can manage his legal admission in another country, without prejudice to the application of the legal measures deemed necessary during that time. The National Directorate of Migration or the body that replaces it in the future, or at its request, will be able to request, through the appropriate route, the admission of the one to a given country. To this end, you will also be able to request the UN High Commissioner for Refugees-the ACNUR- your intervention for the purpose of facilitating the identification of a country.

Article 12-Family unit. Reunification. The family unit of the stateless person and of the applicant for such a condition shall be preserved with his spouse or person with whom he is bound by reason of affectivity and coexistence, his descendants, ascendants, and brothers who are dependent on him economically. The authorities will resolve the requests for family reunification taking into account the needs invoked by the applicants and the cultural values of their countries of origin. In case of doubt, the criterion should be more favourable to the exercise of the right of family reunification.

Where the family members of the stateless person have a nationality other than Argentina, and by virtue of the application of the principle of family unity, migratory facilities shall be established to enter the territory and regulate their permanence. In such cases, the family members of the stateless person shall obtain the same type of residence and for the same period as the holder, unless they are able to obtain another in more favourable conditions.

Chapter IV

Termination of the protection status as a stateless person

Article 13.-Cesation.

The status of stateless person shall cease when the person:

1. He would have naturalized or otherwise acquired the Argentine nationality.

2. Be recognized as national by another State, in accordance with its legislation.

Article 14.-Revocation. CONARE shall revoke the status of stateless persons where there are reasonable grounds for considering that, after granting them, the person incurred in some of the conduct referred to in Article 6 (a) or (c).

Article 15.-Cancellation. CONARE may exceptionally review the administrative decision which recognised the status of a stateless person where there were reasonable grounds to consider that the person deliberately concealed or distorted the material facts on which his or her request in such a way that, if known, they would have led to the refusal of the status of a stateless person.

TITLE III

Rights and duties

Chapter I

General provisions

Article 16.-Any stateless person has the right to apply for and receive protection as such.

Article 17.-Any stateless person has the right to naturalize, in accordance with Law 346, its regulatory and complementary rules, and the facilities granted in this law.

Article 18.-Members of the family group of the stateless person or of the applicant for such a condition have the right to apply for recognition in their own right. CONARE will evaluate and resolve each request individually, although it may be dealt with in a single administrative file.

Article 19. Any stateless person who is in the country or subject to his or her jurisdiction has the obligation to respect the National Constitution, the laws and regulations in force, as well as the measures to be taken for the maintenance of public order.

Chapter II

Identity and travel documentation. Legal residence. Administrative assistance

Article 20.-Any stateless person in the territory of Argentina has the right to be issued with an identity document when he does not have a valid travel document.

Article 21. Until the application for recognition of the status of a stateless person is resolved, CONARE shall grant the applicant a provisional document to enable him to remain legally in the national territory, to carry out remunerated tasks and to access to basic social, health and education services and benefits. This document will not prove identity, and will have a validity of ninety (90) days run and will be renewable for equal periods for as long as the resolution of the case demands.

Article 22. Once the status of a stateless person has been recognized, the executive secretary of CONARE shall issue the relevant constancy to the data subject certifying such a condition. The recognised stateless persons shall have the right to obtain from the National Directorate of Migration a temporary residence in accordance with Article 23 (m) of Law 25,871 and its rules, which shall last for two (2) years, unless can obtain another under more favourable conditions.

Once the residence has been obtained, stateless persons shall have the right to obtain a national identity card (DNI) that allows them to exercise their civil, economic, social and cultural rights as any other foreigner. resident in our country. The first DNI to be granted to a stateless person after recognition shall be free of charge and, in order to be processed, account shall be taken of the principle of administrative assistance provided for in this Law.

After the first two years of temporary residence, the stateless person shall be granted a permanent residence permit.

Article 23.-Any stateless person who is legally in the territory has the right to be issued with a travel document that allows him to leave and re-enter the country, unless he or she objects to overriding national or national security reasons. public order. The travel document shall be issued as provided for in the Convention on the Statute of the Patards of 1954 and its Annexes and the relevant standards of the International Civil Aviation Organization (ICAO).

The Argentine diplomatic or consular authorities, after consulting CONARE on the validity of the status of a stateless person, shall extend the travel document or issue a document allowing the return of the stateless person to the territory Argentina.

Article 24.-Where the exercise of a right by a stateless person or applicant for recognition of such a condition normally requires the assistance of foreign authorities to which he may not avail, the Executive Secretariat of CONARE take measures to make it easier for the competent authorities concerned to provide such assistance, bearing in mind the impossibility of obtaining documentation from the country of origin or residence. The Executive Secretariat of CONARE shall intervene to ensure that the competent authority exempts the presentation of documents or certificates which would normally be issued to foreigners by their national authorities or through their national authorities.

Article 25.-The procedures for determining the appatridia, the migratory formalities and the naturalization procedure shall be free for the stateless person and for the applicant for recognition of such a condition.

TITLE IV

National Commission for Refugees (CONARE). Executive Secretariat

Chapter I

Competence

Article 26.-The National Commission for Refugees (CONARE) shall be the body responsible for determining the status of stateless persons, governing their integration and functioning by the provisions of Law 26.165, except provisions to the contrary laid down in this law.

Article 27.-CONARE shall take all measures to identify, protect, assist and facilitate the naturalization of stateless persons. In particular, it shall have the following functions:

1. Identify and determine the status of a stateless person in the first instance, resolving all issues relating to inclusion and exclusion, as well as the cessation, cancellation and revocation of the status of a stateless person.

2. To ensure that the stateless person effectively enjoys his rights, promoting his effective access to public programs of social, economic and cultural assistance.

3. To coordinate with the national, provincial and municipal authorities the adoption of the actions necessary for the exercise of their functions and competences.

4. Provide advice to government bodies that require it on the needs and ways of including stateless persons in public policies and assistance and integration programmes.

5. Solve on the granting of authorization of entry for family reunification and resettlement of stateless persons in Argentina and contribute to the necessary steps to such effects.

6. To approve the regulations required to implement this law.

Article 28.-The Executive Secretariat, created and integrated in accordance with the provisions of Law 26.165, shall assist CONARE in the performance of its duties. In particular it shall:

1. Receive, register and process requests for recognition of the status of stateless person.

2. Practice communications and notifications that are necessary during the procedure, including consultations with foreign authorities in the country of origin and notification of CONARE decisions.

3. Prepare and register CONARE decisions.

4. Interview the person requesting the status of a stateless person by providing the assistance of an interpreter when necessary.

5. Draw up an administrative file of the person requesting the status of a stateless person, which shall contain at least: (a) his or her personal data and that of the family members, whether accompanying him or not; (b) a written explanation of the reasons for the application. (c) the evidence which has been produced; (d) the minutes of the interviews carried out; (e) a technical/legal opinion of the secretariat on the merit of the application.

6. Arbitrate measures for the issuance of documents of identity, travel, and migratory residence of the stateless person and their families.

7. Provide administrative assistance to stateless persons and their families in accordance with Article 24.

8. Develop the non-binding technical/legal report on each application.

9. To inform the applicant of the status of stateless persons in respect of their rights and obligations.

10. Perform those other functions assigned to you through this law or CONARE.

TITLE V

Procedures

Chapter I

Ordinary procedure

Article 29.-The procedure of determination of the appatridia shall respect all the guarantees of due legal process, and shall safeguard the reserved treatment of the information referred to the stateless person and his family.

Article 30.-The procedures shall be governed by the provisions of this Law, Law 26.165 and its rules in all matters applicable to the matter, and in addition to the Law on Administrative Procedures 19,549 and its amendments.

Article 31.-The application shall be submitted by the Executive Secretary to the applicant on the procedure for determining the status of a stateless person and on his rights and obligations in his own language, or in a language he can understand.

Article 32.-A personal interview with the applicant for the status of a stateless person must be maintained before his application is resolved. The Executive Secretariat of CONARE will provide you with the time and means necessary to present your case, as well as the assistance of a qualified translator or interpreter when the applicant does not understand the national language.

Article 33.-The applicant has the right to be assisted in all instances of the procedure by a legal representative. CONARE shall take the necessary measures to facilitate the access of applicants to appropriate services of free legal assistance.

Article 34.-Any authority, whether central, regional or municipal, of migration or police, borders, judicial migration or any other competent official who knew of a request for recognition of the status of a stateless person, in writing or verbally, or will identify the need for international protection of a foreigner in the terms of this law, must notify the case to the executive secretary of CONARE, in a confidential manner and as soon as possible, not being able to exceed forty-eight (48) hours.

The communication to be made shall specify the circumstances in which the application was received or the situation has been known and accompanied by any documentation which has been collected.

Article 35. The application for recognition of the status of a stateless person may be submitted orally or in writing, in a personal capacity or through a legal representative.

The formalisation of the application shall require at least the full data of the applicant and his family composition and any relevant information on the blood and territorial links of his or her ascendants and descendants, interposition of the order, and the documentary or other evidence which the applicant may offer in support of his application.

Where the applicant is deprived of his or her outpatient freedom, he shall have the right to make the necessary communications or demarches, either directly or through his or her human rights defender, in order to present the application for recognition of the status of stateless. For the purposes of this Article, the penitentiary authorities shall make available to the applicants the means necessary to carry out the presentations, as well as to carry out immediately the relevant trades to give them a course. to the same.

Article 36. Any type of proof in the procedure shall be admissible, however, its production shall be subject to the consideration of the CONARE in the circumstances of the case. The Executive Secretariat of the CONARE shall instruct the file of its own motion, producing all the evidence deemed relevant to determine the merit of the application, in particular those relating to the manner in which the competent authorities They interpret and apply their right of nationality.

CONARE and the requesting person share the burden of proof. The applicant must tell the truth and cooperate with CONARE's executive secretary to determine the facts that justify his application and to present all evidence that he had in his possession or could reasonably obtain.

37.-The CONARE may consult the States with which the applicant may have a relevant link, by reason of the place of birth, descent, residence, marriage or other condition, in order to establish whether it is considered as a national of that State in accordance with its legislation.

The consultations with the foreign authorities will be made by the executive secretary of CONARE through the Ministry of Foreign Affairs and Cult provided that the applicant does not have protection needs as a refugee in the framework of law 26.165.

After sixty (60) days of the consultations, and in case of no response, the executive secretary of the CONARE will request the reiteration of the consultations. The following 90 days have been completed since its reiteration, the lack of response will be interpreted according to the elements of the case and the context in force in the countries involved in the corresponding procedure.

CONARE shall protect the information of the requesting person in its possession, and shall not be able to share more information than is strictly necessary to enable the State concerned to respond.

Article 38. The determination of the status of a stateless person shall be justified, in accordance with its definition, where there is sufficient evidence that the person is not considered as a national by any State under its legislation.

Article 39. Where a relevant fact cannot be proved to determine the status of a stateless person, CONARE may grant the benefit of the doubt to the applicant who has complied with his duty of cooperation, and provided that his statements are consistent and consistent with the information available from the country of origin.

Article 40.-Produced the relevant evidence, the executive secretariat of CONARE shall, within a reasonable time, prepare a technical report on the merit of the application containing the analysis of the facts of the case, the relevant information and its Legal framework with adequacy to the Convention on the Statute of the Patron of 1954 and the present law that will be presented to CONARE for its treatment and approval.

Article 41.-The CONARE shall resolve the application by decision established within the period of 60 days (60) days from the end of the consultations carried out by the Executive Secretariat of CONARE, unless the complexity of the case or consultations with the foreign authorities require an extension for an additional period of one hundred and eighty (180) days.

Article 42.-The decisions of CONARE shall contain the facts and legal bases that motivate such a decision.

Article 43.-The decision on the status of a stateless person is a declarative, humanitarian, apolitical and impartial act.

Article 44. The CONARE will decide in the first instance on the application of the clauses for the cessation, revocation and cancellation of the status of stateless person, prior to the technical report of its executive secretary.

The executive secretary of the CONARE will cite the person to an interview in which she will let him know the reasons why it is considered that these clauses could be applicable, except if it was a cessation for the acquisition of citizenship situation where the interview will not be necessary. The person will always be allowed to present evidence in his discharge, to institute resources and to be represented.

Article 45.-The Executive Secretariat of CONARE shall notify the applicant person, the final decisions of CONARE, the procedures and those which may cause an irreparable charge.

Article 46.-The resolutions of CONARE on the refusal, exclusion, cessation, cancellation and revocation of the status of a stateless person, and those relating to the procedure liable to cause irreparable damage, shall be liable to challenge under the ordinary administrative and judicial review regime for administrative acts. The applicant may institute a hierarchical appeal within 10 days of the date of notification. The appeal must be founded and brought before the executive secretary of CONARE and elevated to the Ministry of the Interior, Public Works and Housing prior to the intervention of the Secretariat of Human Rights and Cultural Pluralism of the Nation.

The interposition of the administrative or judicial resources or actions shall suspend the execution of any resolution on expulsion.

Chapter II

Coordination with other procedures

Article 47.-At any stage of the procedure, either ex officio or at the request of the applicant, CONARE may process the application in accordance with the rules and procedure of determining the status of refugee if the person requests the recognition of that condition or the executive secretary of CONARE considers that the person could qualify as such.

In such a case, CONARE will ensure the confidentiality of the procedure, avoiding contact with the authorities of the country of origin, and will assess whether the person meets one or both conditions, which will indicate expressly in the respective resolution.

Article 48. Where the refugee status of a stateless person has been terminated without a nationality having been acquired, the status of stateless person shall be maintained, except in the case of any verification of the assumptions laid down in Articles 14 to 15 of this law.

Article 49.-When CONARE determines, on the basis of the documentation presented and the facts alleged in the application or in the interview, that the person would have been born in Argentine territory without his birth having been registered in appropriate, the procedure for determining the appatridia shall be suspended and the case shall be communicated to the competent registry authority to proceed with late registration, as appropriate.

If the late registration procedure concluded without the person having been registered as a national, the administrative or judicial decision shall be communicated to CONARE to resume the procedure for determining the status of a person. stateless.

Article 50.-When CONARE determines, on the basis of the documentation presented and the facts alleged in the application or in the interview, that the person has the right to acquire the Argentine nationality through the procedure of option nationality, you will be duly informed to initiate such a procedure.

Article 51.-When CONARE determines, on the basis of the documentation presented and the facts alleged in the application or interview, that the person has the right to acquire the nationality of another country, with the consent of the person (a) the applicant shall make his or her good offices to the foreign authorities in order to facilitate the acquisition or recovery of such nationality, as appropriate. The interposition of good offices or the beginning of the procedure for the acquisition of a foreign nationality shall suspend for a period no longer than six months the procedure for determining the status of a stateless person before CONARE.

Chapter III

Children, girls or adolescents

Article 52.-Children, girls or adolescents, even if they are not accompanied or are separated from their families, have the right to request recognition of the status of stateless persons regardless of their age, and to be interviewed by trained staff to that end.

Article 53.-When the application for recognition of the status of stateless person is submitted by a child, child or adolescent unaccompanied or separated from their relatives, the executive secretary of CONARE shall seek the immediate designation of a child. legal representative who will compulsorily intervene at all stages of the procedure, under the penalty of nullity.

Applications submitted by them will be processed, evaluated and resolved as a matter of priority.

In case of doubt about the age of a child, girl or adolescent unaccompanied or separated from their relatives, it will be the person declared until the age is determined and the corresponding judicial resolution is dictated.

Article 54.-The CONARE shall give primary consideration to the best interests of the child, child or adolescent, and shall ensure their participation and right to be heard in all the instances of the procedure and in the decisions that make him/her consideration of his age and maturity.

Chapter IV

People with disabilities

Article 55.-CONARE shall take the necessary measures to ensure that persons with disabilities who request to be recognized as stateless have access, according to their needs, to facilities that allow them to present their case and comply with all stages of the determination procedure, ensuring their participation in the procedure.

When the applicant has a long-term mental, intellectual or sensory disability that would prevent or seriously hinder his or her full and effective participation in the procedure, the CONARE executive secretary will seek immediate action. the appointment of a legal representative who will compulsorily intervene at all stages of the procedure, under the penalty of nullity.

TITLE VI

Naturalisation. Facilities

Article 56.-All relating to the naturalization of stateless persons and refugees, shall be governed in accordance with Law 346, its regulatory and complementary rules, the Convention on the Statute of the Patron of 1954, the Convention for To reduce the cases of Apatridia of 1961, the Convention on the Status of Refugees of 1951, and the facilities granted in this law, in so far as they are applicable.

Article 57.-The CONARE and the naturalisation competent authority shall provide stateless persons and refugees with information on the criteria and requirements for their naturalisation, in a language they may understand.

Article 58.-CONARE shall carry out all actions aimed at facilitating and promoting the naturalization of stateless persons and refugees, as a lasting solution.

Article 59.-Applications for naturalisation submitted by refugees and stateless persons shall be treated as a priority by the competent authorities in this field and shall be exempted, as far as possible, from persons who do not have economic resources associated with the naturalization process, in particular those related to the publication of edicts.

Refugees and stateless persons without economic resources shall be guaranteed free legal assistance at all stages of the naturalisation procedure and shall be exempted from the submission of documents from the country of origin or residence which do not have or can reasonably obtain, including birth certificates and criminal records from the country of origin. In case of documentation issued by foreign authorities, no legalization will be required.

In the case of children and adolescents unaccompanied or separated from their family members who are stateless, the guardian and/or the legal representative may submit a naturalisation application if it is considered for the benefit of the higher interest of the child, child or adolescent.

Article 60.-Commune to the national executive branch.

GIVEN IN THE ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE SEVENTEEN DAYS OF JULY OF THE YEAR TWO THOUSAND NINETEEN.

REGISTER UNDER NO 27512

EMILIO MONZO-FEDERICO PINEDO-Eugenio Inchausti-Juan P. Tunessi

City of Buenos Aires, 27/08/2019

Under the provisions of Article 80 of the National Constitution, I certify that Law No. 27,512 (IF-2019-69743866-APN-DSGA#SLYT) sanctioned by the HONORABLE CONGRESS OF THE NATION on July 17, 2019, has been enacted in fact on the 21st day. of August 2019.

For your publication to the National Directorate of the Official Register, please copy to the HONORABLE CONGRESS OF THE NATION and, for your knowledge and other effects, refer to the MINISTRY OF THE INTERIOR, PUBLIC WORKS AND HOUSING. Compliment, file. Pablo Clusellas

ê 28/08/2019 N ° 63711/19 v. 28/08/2019