Table Nº 9. The right to asylum is included in the Constitution

TABLE 9.

THE RIGHT TO ASYLUM IS INCLUDED

IN THE CONSTITUTION

Why is it

good

practice?

The right to asylum is proclaimed at the highest level of a country's

legal system.

Country

Source

Bolivia

Article 29 of the Political Constitution. (2009)

I. Foreigners are entitled to seek and be granted asylum or refuge on

account of political or ideological persecution, in accordance with the law

and international treaties.

II. Anyone who has been granted asylum or refuge in Bolivia shall not be

expelled or deported to a country where his life, bodily integrity, security

or liberty is endangered

. The State shall attend in a positive,

humanitarian and efficient manner

to requests for family reunification

presented by parents or children who are given asylum or refuge".

Constitution available at:

https://www.constituteproject.org/constitution/Bolivia_2009.pdf

Brazil

Article 4 of the Political Constitution (1988):

The international relations of the Federative Republic of Brazil are

governed by (...) the granting of political asylum.

Sole paragraph: The Federative Republic of Brazil shall seek the

economic, political, social and cultural integration of the peoples of Latin

America, viewing the formation of a Latin-

American community of

nations.

Constitution available at:

http://www.refworld.org/cgi-

bin/texis/vtx/rwmain?page=search&docid=4c4820bf2&skip=0&query=Poli

tical%20Constitution%20of%20the%20Federative%20Republic%20of%2

0Brazil%201988&coi=BRA

Colombia

Article 36 of the Political Constitution (1991):

The right to asylum is recognised within the limits provided by law.

Constitution available at:

https://www.constituteproject.org/constitution/Colombia_2005.pdf

Costa Rica

Article 31 of the Political Constitution (1949):

The territory of Costa Rica will be an asylum to anyone persecuted for

political reasons. If because of a legal imperative their expulsion is

decreed, they can never be sent to the country where they are

persecuted.

Constitution available at:

https://www.constituteproject.org/constitution/Costa_Rica_2011.pdf?lang

=en

Cuba

Article 13 of the Constitution (1976):

The Republic of Cuba grants asylum to those who are persecuted

because of their ideals or their struggles for democratic rights; against

imperialism, fascism, colonialism and neo-

colonialism; against

discrimination and racism; for national liberation; for the rights of workers,

peasants and students; for their progressive political, scientific, artistic

and literary activities; for socialism and peace.

Constitution available at:

http://unpan1.un.org/intradoc/groups/public/documents/un-

dpadm/unpan040545.pdf

Ecuador

Article 41 of the Constitution (2008):

Their rights to asylum and refuge are recognized, in accordance with the

law and international human rights instruments. Persons who have been

granted asylum or refuge

shall benefit from special protection

guaranteeing the full exercise of their rights. The State shall respect and

guarantee the principle of non-refoulement, in addition to humanitarian

and legal emergency assistance.

Persons requesting asylum or refuge shall not be penalized for having

entered the country or for remaining in a situation of irregularity.

The State, in exceptional cases and when the circumstances justify it,

shall recognize the refugee status of a collective group, in accordance

with the law.

Constitution available at:

http://www.constitutionnet.org/sites/default/files/ecuador_constitution_en

glish_1.pdf

El Salvador

Article 28 of the Political Constitution (1983):

El Salvador grants asylum to the foreigner who desires to reside in its

territory, except in cases provided for by the laws and by international

law. Such exceptions shall not include

anyone persecuted only for

political reasons.

Constitution available at:

http://confinder.richmond.edu/admin/docs/ElSalvador1983English.pdf

Guatemala

Article 27 of the Political Constitution (1985):

Guatemala recognizes the right to asylum and grants it in accordance

with the international practices. Extradition is regulated by international

treaties.

Guatemalans will not be extradited on account of political crimes, and will

not be handed over to a foreign government, except for what is

established in [the]

treaties and conventions regarding crimes against

humanity or against the international law.

The expulsion from the national territory of a political refugee will not be

accorded, with destination to the country that seeks him [or her].

Constitution available at:

https://www.constituteproject.org/constitution/Guatemala_1993.pdf

Honduras

Article 101 of the Constitution (1982):

Honduras recognizes the right of asylum in the form and conditions

established by law. When asylum is revoked or denied in accordance

with the law, in no case shall the political refugee or asylee be returned

to the territory of the State that may claim him.

The State shall not authorize the extradition of persons accused of

committing political crimes or related common offenses.

Constitution available at:

https://www.constituteproject.org/constitution/Honduras_2013.pdf?lang=

Mexico

Political Constitution of the United States of Mexico (1917 and its

reforms)

Article 11.

(…)

Any person has the right to seek and be granted asylum. The recognition

of refugee status and the granting of political asylum shall be carried out

in accordance with international treaties. The law will regulate its

admissibility and exceptions

https://www.constituteproject.org/constitution/Mexico_2015.pdf?lang=en

Nicaragua

Article 5 of the Political Constitution (1987):

Nicaragua bases its interna

tional relations on friendship and solidarity

among the

peoples and reciprocity among States. Consequently, all

forms of political, military, economic, cultural, or religious aggression and

the interference in the internal affairs of other States are forbidden and

proscribed. Nicaragua recognizes the principle of the peaceful settlement

of international disputes through the means offered by international law

and prohibits the use of nuclear weapons and other means of mass

destruction in domestic and international conflicts. Nicaragua guarantees

the right to

asylum to persons persecuted for political reasons, and

rejects any subordination of one State to another.

Article 42 of the Political Constitution:

Nicaragua recognizes and guarantees the rights to refuge and to asylum.

Refuge and asylum are to be granted only to those who are persecuted

in their struggle for democracy, peace, justice, and human rights. The

law shall determine the status of an asylum seeker or political refugee in

accordance with international agreements ratified by Nicaragua. In case

the expulsion of the asylum is decided he/she may never be returned to

the country where he/she had been persecuted.

Constitution available at:

https://www.constituteproject.org/constitution/Nicaragua_2005.pdf

Paraguay

Article 43 of the Constitution (1992):

Paraguay recognizes the right to territorial and diplomatic asylum to all

persons persecuted for political motives or crimes [

,] or for common

crimes connected to them, as well as for their opinions or beliefs. The

authorities must immediately grant the personal documentation and the

corresponding safe-conduct. No political asylum-

seeker will be

transferred compulsively to the country whose authorities are persecuting

him.

Constitution available at:

https://www.constituteproject.org/constitution/Paraguay_2011.pdf?lang=e

Peru

Article 36 of the Constitution (1993):

The State recognizes political asylum. It accepts the status of the asylee

determined by the State granting asylum. In cases of expulsion, the

asylee shall not be returned to the country whose government

persecutes him.

Constitution available at:

https://www.constituteproject.org/constitution/Paraguay_2011.pdf?lang=e

Bolivarian

Republic

Venezuela

Article 69 of the Constitution (1999):

The Bolivarian Repub

lic of Venezuela recognizes and guarantees the

rights to asylum and refuge. It prohibits the extradition of Venezuelans.

Constitution available at:

http://unpan1.un.org/intradoc/groups/public/documents/un-

dpadm/unpan042931~1.pdf

Dominican

Republic

Article 46 of the Political Constitution (2010):

Any person who is in the national territory has the right to transit, reside

and exit from it freely, in accordance with the legal provisions.

1) No Dominican shall be deprived of the

right to enter the national

territory. They also cannot be expelled or exiled from it, except in the

cases of extradition pronounced by a competent judicial authority,

conforming to the laws and the international treaties in force, concerning

the matter;

2. Every person has the right to seek asylum in the national territory, in

case of persecution for political reasons. Those who are in conditions of

asylum shall enjoy the protection that guarantees the full exercise of their

rights, in

accordance with the agreements, norms and international

instruments

subscribed to and ratified by the Dominican Republic.

Terrorism, crimes

against humanity, administrative corruption and

transnational offences are not considered political crimes.

Constitution available at:

https://www.constituteproject.org/constitution/Dominican_Republic_2010.

pdf

Compiled by the Regional Legal Unit of the Bureau for the Americas, UNHCR