grants in Colombia and incorporating the contributions of Colombia’s diaspora into
the country’s economic development. Human rights language is embedded throughout
the 2009 policy. However, the policy has not been thoroughly and concretely implemented, and it is nonbinding. There has been neither a political nor a social push for
its enforcement, in the absence of any legal impetus.274 The applicable legal framework
and the means of implementing the policy are still undefined, particularly with regards
to administrative procedures for seeking asylum and refugee status, as well as the treatment and rights of other migrant populations.
International Obligations Regarding Statelessness
Colombia is signatory to the ACHR,275 and its safeguard for children born on the territory who would otherwise be stateless nominally complies with Article 20. It is also a
signatory to the CRC276 and CEDAW. The rights and obligations contained in treaties
to which this country is a signatory automatically have the force of constitutional
provisions.277
Through Law 1588 of 2012, Colombia incorporated the content of both Statelessness
Conventions, without any reservations, into its domestic legislation. However, it made
the following reservation when acceding to the 1961 Convention on the Reduction of
Statelessness:
In accordance with the provisions of Article 17 (1) of the Convention, the Republic of Colombia makes a reservation to Article 14 to the effect that it does not
recognize the jurisdiction of the International Court of Justice with regard to the
disputes that may arise between Contracting States concerning the interpretation
or application of the Convention.
Likewise, Colombia signed the 1954 Convention relating to the Status of Stateless
Persons the same year the treaty was adopted, but has not deposited the ratification
instrument before the Secretary General of the United Nations. It seems likely that
Articles 33 and 38 of the 1954 Convention, which grant compulsory jurisdiction to the
International Court of Justice for any dispute, explain this failure.278
The Ministry of Foreign Affairs has nonetheless recognized the 1954 Convention
as the legal framework applicable to issues of statelessness. In 2013 it made this
statement during its intervention in the decision of constitutional review 279 of Law
1588 of 2012:
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COUNTRY PROFILES
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COLOMBIA
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