LATIN AMERICA
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Mexico took an important step to improve its legal
framework with the entry into force of its Law on
Refugees and Complementary Protection. The new
Law grants complementary protection to people not
considered as refugees but who have faced death
threats or are at risk of torture or other forms of
cruel and inhuman treatment.
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Argentina adopted and implemented a protocol for
the protection and assistance of unaccompanied and
separated children seeking asylum. New standards
have been put in place for the treatment of minors
seeking asylum, as well as for best interest
determination (BID) procedures to be carried out by
Argentina’s General Office for Public Defence.
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Panama passed a law creating a legal mechanism by
which persons under its temporary humanitarian
protection regime can apply for permanent
residency status, bringing an end to the protracted
situation of 863 Colombians living in vulnerable
conditions in the southern border area.
Working environment
Despite the need for better mechanisms to identify
persons in need of international protection, and ensure
their access to asylum procedures, the protection and
asylum space in some Latin American countries
contracted further in 2011, mainly due to the
introduction of restrictive refugee status determination
(RSD) and pre-admissibility procedures.
Violence has increased at an alarming rate in Central
America, particularly in El Salvador, Guatemala and
Honduras. Drug-trafficking organizations, transnational
youth gangs and other criminal elements continued to
challenge national institutions and threaten the civilian
population.
The Central American Security Strategy, under which
States focus on regional cooperation mechanisms to enhance
prevention policies and fight crime, does not address the
effects of violence on humanitarian work. Asylum-seekers
and refugees travelling through Central America and
Mexico within migration movements faced significant risks
of sexual and gender-based violence (SGBV), kidnapping and
capture by human traffickers.
The presence of irregular armed actors of the conflict in
Colombia in neighbouring countries, mainly Ecuador and
the Bolivarian Republic of Venezuela, continued to expose
people of concern to various risks, including forced
recruitment of children and SGBV.
The number of Haitians migrating to Brazil via Ecuador
and Peru increased sharply in 2011. The Brazilian
Government continued issuing Haitians with residence
permits on humanitarian grounds, enabling them to work
legally.
Achievements and impact
The ministerial-level meeting in Geneva commemorating
the anniversaries of the 1951 Refugee Convention and the
1961 Statelessness Convention was attended by 18 Latin
American delegations and saw 11 States announce pledges to
improve their RSD procedures and conditions for women
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UNHCR Global Report 2011
and children. Additional efforts were announced by
governments to identify durable solutions, notably
resettlement, and to further the prevention and reduction of
statelessness.
The Mexico Plan of Action continued to guide the
strategies of all operations in Latin America. UNHCR
advocated for the strengthening of national protection
mechanisms and the expansion of partnerships to spur local
integration. A regional database giving prominence to
livelihoods and local integration strategies was launched to
provide a platform to share best practices in the region.
Special programmes were implemented to address the
needs of children and women, including a project for women
at risk, which strengthened the Solidarity Resettlement
Programme in southern Latin America. An innovative
approach by the authorities in one province to provide
housing for resettled refugees served as an example of how to
overcome one of the main challenges hindering local
integration.
UNHCR worked jointly with national and international
partners to strengthen child protection. National officials,
including the police, were trained to respond to the
protection needs of unaccompanied and separated minors in
particular. UNHCR also strengthened partnerships on
issues related to trafficking in persons and unaccompanied
children, in particular with regard to their identification and
the assessment of their protection needs. It worked closely