Protection Act Refugees

Original Language Title: LEY DE PROTECCIÓN A PERSONAS REFUGIADAS

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/139922

Law No. 251 law of 20 June 2012 ALVARO GARCIA LINERA President in exercise of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law of protection to people refugee title I provisions General Chapter I object and scope article 1 scope. (OBJECT). This law aims to establish a regime of protection seekers and refugee people from the condition, according to the political Constitution of the State, the Convention on the status of refugees of 1951 and its Protocol of 1967, and other international instruments on human rights, ratified by Bolivia.
Article 2. (SCOPE OF APPLICATION). This law applies to any foreign person who is in refugee status or who applies for such a condition, in the Bolivian territory.
Article 3. (SCOPE).
I. recognition of a person as a refugee is a humanitarian and non-political act with declarative effect and implies an abstention from participating in political activities.

II. the protection afforded by the State to any person recognized as a refugee has jurisdictional character.
Chapter II principles governing the protection to persons refugee article 4. (NON-REFOULEMENT).
I no refugee or applicant person of such a condition, whose request is pending for a firm resolution, may be returned to their country of origin or to another country where their life, safety or freedom would be threatened by any of the causes that gave rise to the recognition or request for refugee status.
II. effects of the application of this article, rejection at border and extradition are considered forms of return of the person.
Article 5. (INADMISSIBILITY OF EXTRADITION).
I. recognition of the refugee status shall have the effect of inadmissible any request and extradition proceedings initiated against her.
II. the filing of an application for refugee status shall have suspensive effect on the execution of the extradition of the applicant, until the status determination procedure completed by a firm resolution.
Article 6. (NON-REFOULEMENT).
I no refugee or applicant person of such a condition may be expelled from the country.
II. the expulsion only shall be carried out for reasons of security of the State or public order, prior due process, in accordance with the provisions of the Convention on the status of refugees of 1951 and the national legal systems.
Article 7. (NO SANCTION). The Bolivian State will not impose penal or administrative sanctions due to irregular presence of the applicant's refugee status or income.
Article 8. (NON-DISCRIMINATION). The provisions of this law shall apply to any person refugee and requesting such condition, without discrimination according to the article 14 of the political Constitution of the State and the law N ° 045 against racism and all forms of discrimination.
Article 9. (FAMILY UNIT).
I. the unity of the family as a natural and fundamental element of society, is an essential of the refugee and family law.
II. pursuant to this principle, will extend personhood refugee to the spouse or cohabiting partner, ascendants, descendants, and to the sisters and brothers who are economically dependent on the refugee person, as well as to girls, children, adolescents and adults who are under his tutelage.
III. in no event will extend refugee status to the person who incurred in any of the grounds for exclusion provided for in article 17 of this law.
Article 10. (CONFIDENTIALITY).
I all information concerning a person refugee or applicant of such a condition is confidential.
II. the public servants and public servants, as well as private entities involved, shall refrain from disclosing or disseminating any information concerning any person refugee or applicant of such a condition, subject to the exceptions laid down in the regulation of this law.
Article 11. (GRATUITY).
I. the procedure followed by an applicant before the national refugee Commission - CONARE, has no cost.
II. will waive payment of stamps, values and any other type of payment, in procedures that everyone refugiada refugee must perform in the public offices for their migratory permanence and identity of foreign person.
III. the emerging costs of compliance with paragraphs I and II, shall be borne by the budget of the Ministry of Foreign Affairs and the Ministry of Government, through the General Directorate of migration and of the General Service of Personal identification, according to their competencies.
Article 12. (ADMINISTRATIVE SUPPORT). The competent authorities will attend all refugee and person requesting refugee status, in accordance to the Convention on the status of refugees of 1951 and the regulation of this law.
Chapter III rights and duties Article 13. (RIGHTS).
I anyone refugee and requesting such condition enjoys all the rights and freedoms recognized in the national legal system, as well as the international human rights instruments ratified by Bolivia, in particular the rights recognized in the Convention on the status of refugees of 1951.
II. will be awarded to the applicant or refugee person in such a condition the most favourable possible treatment.
III. no provision of the national legal system may be done in prejudice to any other rights and benefits granted to a refugee person.
Article 14. (DUTIES).
I everyone refugee and requesting such condition has the duty to abide by the political Constitution of the State, the laws and regulations in force, as well as all the measures taken for the maintenance of public order and the security of the State.
II. breach of the duties will give rise to the imposition of sanctions, in accordance with the regulation of this law, without prejudice to civil and/or criminal responsibility which may be applicable.

Title II status refugee chapter I clauses of INCLUSION and EXCLUSION article 15. (DEFINITION).
I A the effects of this law, means indistinctly by refugee person who: due to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of nationality and unable or unwilling, because of such fears, benefit from the protection of that country; lacking nationality, and finding, as a result of such events, outside the country where it had formerly habitual residence, it can not or do not want, because of such fears, return to it.

It has fled from their country of nationality or, lacking nationality, has fled from their country of habitual residence because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.
II. also will be considered as a refugee to one that at the moment leave their country of nationality or habitual residence do not met the conditions described above, but as a consequence of events that occurred subsequent to his departure, fully meets the inclusion clauses provided for in subparagraphs a) or b) of this article.
Article 16. (GENDER, AGE AND DIVERSITY). Effects of the application of article 15 of this law, shall be considered favorably the gender, age and diversity of the person seeking refugee status.
Article 17. (EXCLUSION). Be excluded from refugee status to the applicant, for which there are reasonable grounds to consider: who has committed crimes against peace, crimes of war and against humanity, defined in international instruments.

That he has committed a serious political crime outside the country of refuge, before his admission to refugee person.
Has it been guilty of acts contrary to the purposes and principles of the United Nations.
Chapter II ceasefire, cancellation and revocation article 18. (CESSATION).
I will stop the refugee status when you file any of the following grounds: if it has welcomed again, voluntarily, to the protection of the country of nationality.

If having lost his nationality, has regained it voluntarily.

If it has acquired a new nationality and enjoys the protection of the country of his new nationality.

If voluntarily has been established in the country who had left or outside which had remained owing to fear of persecution.

If having gone the circumstances under which it was recognized as a refugee, not you can continue refusing to benefit from the protection of the country of his nationality.

If it is a person who has no nationality and the circumstances under which it was recognized as a refugee have disappeared, it is able to return to the country where previously had their habitual residence.
II. not cease the condition of refugee person included in subparagraphs e) and f) of this article, which may

to invoke compelling reasons arising from previous serious persecutions.
III. A person ceased in his refugee status, may be granted a legal status that authorizes their stay in the country, attention to time spent and their degree of integration, their family and their dependents, according to the immigration regulations.

Article 19. (CANCELLATION).
I. recognition of refugee status will not be subject to revision, except when you take knowledge that the refugee person hid or distort the material facts on which based its application so that, to have been known, they had led to the refusal of recognition as such.
II. where is found the fact that prompted the review, will proceed to the cancellation of the refugee status.
Article 20. (REVOCATION). The refugee status can be revoked if then of granted, the person has become part of some of the acts referred to in subparagraphs to)) and (c) of article 17 of this law.
Title III chapter I responsible national Commission for refugee article 21. (COMPETITION).
I. the national refugee Commission? CONARE is the competent authority to determine the condition of refugee from a person, as well as exclusion, cessation and cancellation, revocation and expulsion.
II. also will contribute in the protection and search for durable solutions of persons recognized as refugees, in accordance with the powers conferred under this Act.

Article 22. (CONFORMATION).
I. the CONARE will be formed by a principal representative and its alternate of the following levels: 1. Executive level: consisting of the following ministries: Ministry of Foreign Affairs, which shall exercise the Presidency and the actions of the national representation.

Ministry of Government.

Ministry of Justice.
2 advisory level: consisting of the Office Regional of the of the United Nations High Commissioner for refugees? UNHCR, which shall advise the CONARE in relation to technical aspects of specific cases submitted for its consideration, and also contributes in the exercise of its powers.
3. operational level: In charge of the implementing agency for programmes of UNHCR in Bolivia, within the framework of an interinstitutional agreement with the CONARE, will run and will recommend actions necessary to facilitate the integration of refugees.
II. Executive level shall be entitled to speak and vote; Advisory and operational levels may participate in the meetings of the CONARE, eligible voice and without the right to vote.
Article 23. (DESIGNATION). Members of the CONARE will be expressly designated by the highest authorities of the institution to which they represent, being necessary to have knowledge, experience and training on the issue of human rights of refugees, according to regulations.
Article 24. (POWERS). The CONARE will have the following responsibilities: resolve refugee applications submitted for its consideration.

Grant a temporary document the applicant certifying his refugee status and the renewal of the same.

Solve the cases of exclusion, cessation and cancellation, revocation and expulsion.

Summon representatives of other public or private meetings of the national organizations, as required by the circumstances as well.

Resolve requests for family reunification of refugees.

Resolve the abandonment and withdrawal of refugee applications.

Seek from public and private institutions, administrative bodies and agencies of the State in general, all information, documentation and certifications required for the performance of their duties.

Convene a further interview, in case of doubt about the statements of the applicant or of members of their families, including children and adolescents.

Ensure impartiality and confidentiality of all its activities and ensuring that other State officials involved in the processes of documentation and protection to refugees, observe this behavior.

UNHCR request the respective technical advice, in order to solve certain special circumstances that may arise.

Promote the defence and protection of the rights of any person refugee in the Bolivian territory, in accordance to the 1951 Convention and its 1967 Protocol.

Promote and disseminate activities of social awareness of the humanitarian dimension of the refugee person.
Develop, adopt and implement public policies in the field of protection of the refugee person.

Contribute to the protection, search and implementation of durable solutions for refugee in Bolivia everyone.
Chapter II Technical Secretary article 25. (FUNCTION). The technical secretariat for the CONARE will have the function of promoting and boosting the refugee status determination procedure and assist the members of the national, in accordance with their functions within the structure of the Ministry of Foreign Affairs.
Article 26. (DESIGNATION). The charge of technical secretariat or technical Secretary will be exercised by a public servant or public servant appointed, must have experience, knowledge and suitability in the matter, whose designation corresponds to the Ministry of Foreign Affairs, according to regulations.
Article 27. (FUNCTIONS). The technical secretariat for the CONARE will have the following functions: receive requests for the status of refugee in the country person.

Inform the applicant about their rights and duties, as well as provide necessary information and advice.

Refer to members of the CONARE, applications for refugee status and their history.

Grant, by investigating the CONARE, a temporary certificate to the applicant and the renewal of respective, until you define their status.

Interviewing the applicant, by making the relevant proceedings to provide interpreter if necessary and to develop the corresponding Act.

Issue lend opinions on applications for refugee status.

The meetings of the national and lift records of them.

Put to consideration of the national projects of resolutions of the solved cases.

Notify the applicant the decisions of the CONARE.

Coordinate with other immigration authorities and border, to ensure access to the procedure of applicants for refugee status.

Extend certifications and resolutions authenticated the refugee person.
Title IV Chapter I procedure regulation of the procedure article 28. (NORMATIVE) APPLICATION. The refugee status determination procedure shall be governed by the provisions of this law and its regulations. Also they may be considered the recommendations of the Manual of procedures and criteria for determining refugee status from the UNHCR and other related guidelines.
Article 29. (RIGHTS AND DUTIES).
I during the procedure, the applicant and his family members, shall have the following rights: to be interviewed individually by a person of the same sex.

To be assisted by a qualified interpreter, when the language of the applicant was not Spanish.

To receive a temporary document that allows you to remain in the situation regulated in Bolivian territory.

To receive information about their rights and duties, as well as the procedure for the determination of refugee status.

To be notified with the decisions of the CONARE.

To challenge the reported decisions of the CONARE.

To apply for certifications and legalizations related to your request.
II. during the procedure, the applicant, their families and dependents shall have the following duties: provide reliable information about his person and the facts and reasons that underlie your request.

Provide evidence and provide explanations on the eventual failure or lack of the same.
Provide clear and concrete answers to the questions asked in the interview.

Fix legal address, contact details and report immediately to the competent authority any significant change during his tenure in the Bolivian territory.

It is necessary to renew their temporary document of the applicant within the time limit and how many times.

Chapter II entry into BOLIVIAN territory article 30. (ENTRY CLEARANCE). Local or border authorities who had knowledge of foreign requests for refugee status, shall authorize their entry and must lead the applicant to the technical secretariat of the CONARE, respecting the principles of confidentiality and non-refoulement, laid down in this law.
Article 31. (MASSIVE INCOME). In the event of massive income, or imminent risk of massive entry into the country of persons in need of international protection, the CONARE will establish the necessary mechanisms to ensure their protection and humanitarian treatment, according to various international instruments for the protection of refugees and human rights ratified by Bolivia.
Chapter III reception, registration and documentation article 32. (REQUEST).
I request for refuge will be presented in written form to the technical secretariat of the national within a period not

more than ninety (90) calendar days, computable from arrival in Bolivian territory.
II. exceptionally the CONARE will evaluate and determine whether to process applications submitted outside the deadline.
Article 33. (REQUEST FOR GIRLS, CHILDREN AND ADOLESCENTS).
I. the girls, boys and adolescents unaccompanied or separated from their parents or guardians, may submit their request for refuge for themselves, and must the CONARE to coordinate with the relevant entity of protection of their rights and the appointment of a defender or guardian.
II. once the application is filed, any action which is carried out without the presence of the guardian or advocate, is void.

Article 34. (LOG). Once the application is filed, the technical secretariat shall proceed to the registration of the applicant, his family and dependents in the database established for this purpose.
Article 35.-(documentation).
I. completed registration, you will be a temporary document that allows both the applicant, his Group family and dependents, remain in the situation regulated in Bolivian territory until your request is resolved.
II. the temporary document issued by the CONARE is valid for sixty (60) days, extendable for the same term.
III. with the temporary document issued by the CONARE, the applicant may exercise their right to education, health and work.

Chapter IV interview, technical OPINION and resolution article 36. (INTERVIEW). The initial interview will be responsible for the technical secretariat of the national, which will be the object of identifying the main points of the application.
Article 37. (SUPPLEMENTARY INTERVIEW). Once the technical secretariat for the CONARE has referred the minutes of the interview and the technical opinion of the request for refuge to the Executive level of the CONARE, this will determine if the case requires, an interview complementary, in order to clarify the specifics or expand the main points of the application.
Article 38. (BURDEN OF PROOF).
I. the burden of proof corresponds to the applicant.
II. the technical secretariat may obtain relevant evidence, for purposes of analyzing applications.
Article 39. (TECHNICAL VIEW).
I Tecnico-juridica of the secretariat technical opinion will not be binding and shall contain the evaluation of duties set out in paragraph I of article 29 of this law, as well as the adequacy of the case to the terms of the Convention relating to the status of refugees and of the present law.
II. when not take evidence of the application of shelter in the record, the opinion may be based in extra way in the information available from the country of origin and the credibility of the applicant, in which case, if applicable, shall apply the benefit of the doubt in their favor.
Article 40. (RESOLUTION).
I any decision will be issued by the CONARE expressly, duly founded and signed by its members and shall be notified to the applicant, be in a personal way in the technical secretariat or at home constituted for the purpose.
II. this resolution will have the binding nature in the area of competence of the CONARE.
Chapter V challenge article 41. (COMPETENT AUTHORITY).
I. the challenge Committee is the competent authority to meet and resolve emerging challenges to resources of the decisions or resolutions in the first instance.
II. the Commission will be composed of other representatives of ministries comprising the CONARE level executive, appointed by the highest authorities of the institution represents and must meet the same requirements set out in article 23 of this law.
III. members of the Commission in any case be able to range less than members of the CONARE.
IV. the Presidency will be defined at the first meeting of the Committee.
Article 42. (PROCEDURE).
I if the request was denied in the first instance or determined exclusion, cessation, cancellation, recall or expulsion, this decision may be challenged with the necessary basis, within a period of fifteen (15) days working, computable its notification, to the Presidency of the Commission's challenge.
II. the challenge of the decision or the decision of first instance, shall have suspensory effect.
III. the challenge Committee issued a resolution case based not later than fifteen (15) working days, the same as once notified, does not support further resource in the administrative.
Article 43. (CONFIRMATION). If the decision was confirmed by the Commission's dispute resolution, will be awarded to the foreign person within thirty (30) days calendar to leave the country or regularize their immigration status through the Directorate-General for migration.
Chapter VI abandonment and withdrawal article 44. (ABANDONMENT). The CONARE will have the provisional case file when the applicant had not renewed their temporary document over one period longer than three (3) months from your last renewal, nor show their interest for their refugee status.
Article 45. (WITHDRAWAL). When the applicant expressly desist from their request for refugee status, the CONARE will have the definitive shelving of the case.
Title V documentation chapter unique identity article 46. (MIGRATORY REGIME). Any person recognized as a refugee has an indefinite stay, and the competent authorities must extend the respective identity document that corresponds.
Article 47. (IDENTIFICATION). The competent institution shall grant the refugee person, the identity document for the foreign person, which is valid for five (5) years and shall be renewable for the same term, whereas their indefinite retention.

Article 48. (REQUIREMENTS). To access the identity document referred to in the preceding article, the refugee person must submit a written request enclosing the documentation provided for in the regulation of this law.
Article 49. (LEAVING THE COUNTRY).
I. when a refugee person expresses his intention to leave the country to a different destination to their country of origin, you must submit a letter to the Presidency of the CONARE, stating the reasons for his departure, the destination and the date of his return.
II. duration of his absence, the person will keep their refugee status, for the purpose of the exercise of the rights recognized in this law, provided that it has met the preceding condition.
Article 50. (TRAVEL DOCUMENT).
I. the General direction of migration, from its budget, once you have adequate technology and support, shall provide a travel document to refugees who do not carry your Passport, which will allow them to leave and return to the country.
II. the term of validity and cost of the travel document, shall be equal to a national passport. Its cost will be assumed by the refugee person.
Title VI durable solutions chapter only LOCAL integration article 51. (COORDINATION). The CONARE will promote with the competent public or private entities, actions necessary for compliance with the provisions of paragraphs l) and n) of article 24 of this law.
Article 52. (NATURALIZATION). When a refugee person expresses its intention of acquiring Bolivian nationality, the CONARE will promote the necessary arrangements with the Ministry of Government, in order to speed up and facilitate the process of naturalization.

SOLE TRANSITIONAL PROVISION. This law will be regulated by Supreme Decree, on a proposal from the Ministry of Foreign Affairs, within ninety (90) days calendar, subsequent to its promulgation.
SOLE ABROGATION PROVISION.
I will appeal the Supreme Decree No. 28329, from September 1, 2005.
II. will abrogate all provisions contrary to this law.
Refer to the Executive Branch for constitutional purposes is given in the session Hall of the plurinational Legislative Assembly, to the six days of the month of June of the year two thousand twelve.
FDO. Lilly Gabriela MONTAÑO Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, David Heredia Sánchez, Wilson Changaray T., Angel David Cortez Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, on the twentieth day of June of the year two thousand twelve.
FDO. ÁLVARO GARCÍA LINERA, David Choquehuanca Céspedes, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Cecilia Luisa Ayllon Quinteros.