Nicaraguan
Parliamentarians Pass
Key Refugee Legislation
Nicaraguan
parliamentarians have
unanimously passed
legislation to protect
refugees, after four
years of lobbying and
close collaboration
between the UN refugee
agency and the
government.
The law, which is
apolitical and
humanitarian in nature,
received the broad
support of all major
political parties in
Nicaragua's parliament,
the National Assembly,
on Tuesday.
"The passing of the
Nicaraguan refugee law
demonstrates how the
refugee experience of a
country can translate
into a positive step
forward in upholding
refugee rights as human
rights. It is the
expression of the
Nicaraguan people to
unite in their quest for
protecting refugees,"
said Marion Hoffmann,
the Mexico City-based
regional representative
for UNHCR.
Nicaragua has a long
tradition of providing
international protection
to refugees and has
worked very closely with
UNHCR over the years.
During the 1980s and
1990s, substantial
numbers of refugees from
other Central American
countries received
asylum in Nicaragua.
More recently, asylum
seekers from Africa and
Asia, in addition to
countries in the Western
Hemisphere, have sought
protection in Nicaragua.
During past decades,
Nicaragua itself was a
refugee-producing
country.
Nicaragua ratified the
1951 Refugee Convention
and its 1967 Protocol in
1980. René Núñez Téllez,
president of the
National Assembly,
explained that
Nicaragua's political
constitution
contemplates asylum and
refugee protection and
noted that Nicaragua has
also endorsed the
Cartagena Declaration of
1984 and is party to
regional asylum
instruments.
"The Law for the
Protection of Refugees
addresses important
concepts such as the
refugee definition,
non-discrimination, the
principle of family
unity, the principle of
non-refoulement [no
forced return], the
prohibition of expulsion
and the role of UNHCR,
among others, which
capture the intent of
the constitution as
expressed over 20 years
ago," Téllez said.
The new law also
contemplates legal
counsel for asylum
seekers, particularly
unaccompanied minors and
vulnerable adults; the
right of asylum seekers
and refugees to work and
to access all state
services; the obligation
of immigration officers,
the police and the armed
forces to identify and
promptly refer asylum
seekers to the
eligibility procedure
established in the law;
and alternatives to the
detention of
undocumented asylum
seekers.
"This law represents the
spirit of the Nicaraguan
people; it reflects our
tradition of
hospitality," said
National Assembly
member, Salvador
Talavera, a former
refugee. Fellow
legislator Carlos Gadea
stressed that the new
law was the product of
"non-partisan
collaboration and a
humanitarian spirit
which cuts across party
lines."
Congressman Agustín
Jarquín said passage of
the law "substantially
strengthens the legal
framework which has
underpinned Nicaragua´s
tradition of granting
asylum and humanitarian
assistance to those who
are forced to flee their
countries of origin."
The legislation would
also facilitate the
"protection and local
integration of
long-staying refugees in
the country," noted
another assembly member,
Francisco Valenzuela.
Nicaragua is located
along a major migration
route to the United
States and Canada. UNHCR
has noted that refugees
and asylum seekers are
moving within the
massive migratory flows
that cross the region.
In recent months, asylum
seekers from Angola,
Eritrea, Ethiopia,
Pakistan, and Somalia
have arrived in
Nicaragua, some having
stowed away on ships in
Africa. The Nicaraguan
refugee law will assist
authorities in
identifying and
assisting those persons
who are in need of
international
protection.
Reverend Gustavo Adolfo
Parajón of UNHCR's civil
society partner in
Nicaragua, CEPAD, said
he hoped "Nicaragua will
celebrate the passage of
the law during the month
of June, in
commemoration of World
Refugee Day," which
falls on June 20.
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