The Inter-American Court’s evaluation of both the Juliana Deguis Case and Law 169-14
concluded that they violated the ACHR.72
Cartagena +30 and Statelessness
The Cartagena Declaration is the landmark regional refugee law that broadened the
definition of “refugee” in Latin America and proposed new approaches to the humanitarian needs of refugees and internally displaced persons (IDPs) within a framework of
mutual responsibility, and cooperation.
The representatives of thirty governments of Latin America and the Caribbean73
met in Brasilia in December 2014 to update their commitments under the 1984
Cartagena Declaration. They adopted what is known as the Brazil Declaration and Plan
of Action, including for the first time specific measures to address statelessness in
the region. Chapter 6 of the Plan of Action specifically enumerates commitments and
measures to address statelessness, upholding the importance of the right to nationality
as a fundamental human right and establishing the goal of eradicating statelessness in
Latin America and the Caribbean within ten years. 74 The activities within the Plan of
Action include:
•
Promote the harmonization of internal legislation and practice on nationality with
international standards.
•
Facilitate universal birth registration and the issuance of documentation.
•
Establish effective statelessness status determination procedures.
•
Adopt legal protection frameworks that guarantee the rights of stateless persons,
in order to regulate issues such as their migratory status, identity, and travel
documents.
•
Facilitate naturalization.
•
Confirm nationality by facilitating late birth registration, providing exemptions
from fees and fines, and issuing appropriate documentation for this purpose.
The Brazil Declaration and Plan of Action process provided a detailed and concrete regional commitment to uphold the right to nationality and identify, and reduce
prevent statelessness in the region. It was an important step toward furthering regional
awareness on the topic, demonstrating a willingness of governments to address the
underlying issues that might lead to statelessness. It recognized that legislation alone
cannot prevent statelessness, but that state practice is also highly important, and that
there are gaps and obstacles that must be overcome.
34
REGIONAL CONTEXT
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