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Bolivian Asylum Benefits! Bolivia Law on Protection of Refugees

Regulation to Law No. 251, of June 20, 2012, on Protection of Refugees as amended on 26 December 2018

Bolivia Law on Protection of Refugees


Regulation RL251PPR

 

Valid

Original version


Regulation to Law No. 251, of June 20, 2012, on Protection of Refugees, approved by DS 1440 of 12/19/2012



TITLE I 

GENERAL PROVISIONS

CHAPTER I 

SCOPE OF APPLICATION AND DEFINITIONS

ARTICLE 1.- (SCOPE OF APPLICATION).

The legal norms contained in the Law for the Protection of Refugees and in these Regulations have mandatory application to any foreign person who is in refugee status or who applies for such status, in the Bolivian territory.

ARTICLE 2.- (DEFINITIONS).

For the purposes of the provisions of Law No. 251 of June 20, 2012, on the Protection of Refugees and these Regulations, the following definitions shall apply:

to)PUBLIC ORDER: State of normal legality in which authorities exercise their functions and attributions and citizens respect and comply with the current legal system, expressed in a harmonious and peaceful coexistence within the framework of the Constitution and the Laws. On the contrary, circumstances that have seriously disturbed public order can generate internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and any threat to the community of the country;

b)SECURITY OF STATE: It will be understood by acts that affect the Security of the State, those that seriously threaten the stability of the country, its integrity, territorial unity and independence;

c)SERIOUS COMMON CRIME: Typical, unlawful and guilty act that is especially serious, in accordance with international standards and does not qualify as a political crime. 

The common character of the crime must be analyzed in accordance with the motive, the context, the methods and the proportionality of the acts with respect to their objectives. 

In order to qualify the seriousness of the crime, the damage actually caused must be considered, the procedure used to prosecute the crime, the nature of the penalty and assess whether the crime is considered serious in most jurisdictions. For the purposes of the law and its regulation, the common crime whose effective penalty is less than four (4) years in prison shall not be considered serious.

CHAPTER II 

PROCEDURE OF EXTRADITION, EXCEPTIONS OF EXPULSION, FAMILY REUNIFICATION, CONFIDENTIALITY AND NON-COMPLIANCE OF DUTIES

ARTICLE 3.- (VERIFICATION).

The Ministry of Foreign Affairs has the obligation to send to the National Refugee Commission – CONARE, all requests for the extradition of foreigners, in order to verify and report if they have requested or become refugees.

ARTICLE 4.- (REQUEST AND PROCEDURE FOR EXTRADITION OF REFUGEE PERSONS).
I.If the request for extradition came from the country in which the events that gave rise to the recognition of refugee status took place, the request will be returned without further processing, in accordance with the principle of non-refoulement.

II.If the request for extradition came from a country other than that in which the events that led to the recognition of refugee status took place, the Ministry of Foreign Affairs will send a copy of the documentation presented to CONARE, without prejudice to continuing the process of extradition that legally corresponds until a final, express, firm and well-founded decision is issued.

III.In the case of extradition to a third country, the requesting State will be previously asked for diplomatic assurances for the refugee, within the framework of the principles governing international protection. If the security offered is not sufficient, the extradition will be denied and the decision will be communicated to the requesting State.
ARTICLE 5.- (APPLICATION AND PROCEDURE OF EXTRADITION FOR APPLICANTS OF THE CONDITION OF REFUGE).
I.The Ministry of Foreign Affairs will send to CONARE, a copy of all the background information that supports the extradition request, reporting periodically on the status of the procedure.

II.When the judicial process of extradition is initiated before the Supreme Court of Justice, the Ministry of Foreign Affairs will inform the judicial authority about the request for international protection.

III.Without prejudice to the application of the principles of non-refoulement and inadmissibility of extradition, the application for recognition of refugee status shall not prevent the extradition proceedings from being carried out. 

IV.CONARE, through its Technical Secretariat, may request from the judicial authority information on the extradition process, which will be evaluated in the refugee status determination procedure.

V.When the request for extradition is declared admissible in the court, its execution will be suspended pending the resolution of the refugee status application.

SAW.If, during the extradition process, refugee status is recognized, CONARE will inform the Ministry of Foreign Affairs of the decision and the latter to the competent judicial authority, who will rule out the extradition when the application is submitted by the country of origin.

VII.Throughout the extradition process, the intervening authorities will adopt the necessary measures to guarantee the strict confidentiality and reservation of the information related to the application for refugee status.

VIII.If the request for refugee status is denied or rejected and the resolution acquires the status of res judicata, the request for extradition must be governed by the provisions of the Criminal Code, the Code of Criminal Procedure, Conventions and International Treaties ratified or by the rules of reciprocity in the absence of applicable norm.
ARTICLE 6.- (EXCEPTIONAL CASES IN WHICH THE EXPULSION PROCEEDS).
I.The expulsion of refugees or applicants of such condition shall proceed solely and exceptionally for reasons of State security or public order.

II.The expulsion will proceed prior legal technical report of the competent Ministry, attesting to the concurrence of the legal grounds authorizing the expulsion.

III.In response to due process, prior, the CONARE will summon the refugee or applicant of such condition to a hearing, so that he can present exculpatory evidence, statements, clarifications or justifications that he considers convenient. Once the case has been evaluated, the corresponding resolution will be issued, which will be duly substantiated and subject to challenge before the Dispute Commission.

IV.If the expulsion proceeds, the refugee will be granted a reasonable period to manage his legal admission in a third country, where his right to life, liberty and security are not endangered.
ARTICLE 7.- (PROCEDURE OF THE FAMILY REUNIFICATION).
I.For purposes of family reunification, the refugee must submit an individual application to the CONARE, attaching the proofs that prove the family bond.

II.The CONARE will grant the temporary Refugee Status document to the family members and within sixty (60) business days, from the date of the presentation of the request, it will resolve the origin of the family reunification, by means of an express and well-founded resolution. .

III.In case of refusal of the request for family reunification, the person who enjoys refugee status may file the Challenge Appeal within fifteen (15) business days following, computable from the notification.
ARTICLE 8.- (CONFIDENTIALITY).
I.The documentation and information accumulated during the procedure for the determination of refugee status may only be revealed when a legitimate purpose is proven and in the following cases:

to)Express and written authorization of the refugee or applicant of such condition;

b)By resolution of the competent judicial authorities or;

c)Informed request of the Maximum Executive Authority of the entities that make up the Executive Body, Legislative Body, Judicial Body, Electoral Body and competent administrative or judicial authorities.

II.The requests presented by the authorities detailed in the preceding paragraph, will be subject to the approval of CONARE.

III.The information provided should not be used by the requesting authorities to affect or impair the rights and safety of the refugee or applicant of such condition, their relatives or other persons with whom they have any type of relationship.

IV.The disclosure of information regarding children and adolescents should be governed by the principle of best interests.
ARTICLE 9.- (PROCEDURE TO PRESENT INFORMATION REQUESTS).
I.The requests for information indicated in the preceding Article must be submitted in writing, must include minimally the following information:

to)The identity of the applicant;

b)Accurate description of the required information;

c)Justification of the purpose of the request.

II.The requests for information, as well as the answers sent by the Technical Secretariat must be filed in the file of the refugee or applicant of said condition. Likewise, a registry of applicants for information containing the following data must be prepared: precise identification of the applicant of the information, the reasons and justifications invoked, specific data revealed, date and the full name of the responsible official.
ARTICLE 10.- (ADMINISTRATIVE AID).

In order to obtain documents, certificates or accreditations of civil status, titles and other administrative acts that refugees may require for the exercise of legally established rights and obligations, the competent authorities shall take the appropriate measures to ensure that such documentation of the same form that is granted to foreigners by their national authorities or through them.

ARTICLE 11.- (NON-COMPLIANCE OF DUTIES).
I.Failure to comply with the obligations of refugees and applicants of such condition, established in Law No. 251 and these Regulations, is subject to the following sanctions, to be applied by CONARE:

to)Verbal admonition;

b)Written warning

II.The sanctions adopted will appear in the file of the refugee or the applicant of such condition, serving for the eventual revision of their legal situation.
ARTICLE 12.- (CRIMINAL COMMISSION).
I.The person who enjoys refugee status and commits an offense in the Plurinational State of Bolivia, will be subject as any Bolivian or foreign citizen to formal process with due judicial guarantees. In case of demonstrating its responsibility, it must comply with the penalty or security measure imposed in the Bolivian territory by competent authority.

II.Once the condemnatory sentence has been served, the principle of non-refoulement applies to the refugee, who will continue to exercise this condition in the country.

TITLE II 

PROCEDURE OF THE CLAUSES OF CANCELLATION, CANCELLATION AND REVOCATION

CHAPTER I 

CESSATION, CANCELLATION AND REVOCATION

ARTICLE 13.- (CESSATION).
I.CONARE, after receiving a report from the General Directorate of Migration and a report from the Implementing Agency of the United Nations High Commissioner for Refugees, may establish that a refugee has received protection from his or her country of origin or habitual residence, if traveled and was established effectively in it, without authorization from CONARE, resulting in the cessation of his condition.

II.The General Directorate of Immigration must communicate to the CONARE, in case of obtaining the Bolivian nationality through the naturalization of any refugee for the purposes of the cessation of their condition, which will occur without further processing. Likewise, the refugee must inform CONARE that he acquired Bolivian nationality.

III.When any of the causes provided for in Article 18 of Law No. 251 are presented , the Technical Secretariat will notify the refugee personally, by cedula or by edict, guaranteeing the Principle of Confidentiality, so that he or she may appear for a personal interview at a term not less than five (5) business days, informing the purpose of the same and the effects of the cessation. Once the interview has been completed and the evidence has been received, or when the refugee does not appear before the just cause, the process will be completed and the case will be resolved by the CONARE, following a technical report from the Technical Secretariat, by express resolution, subject to objection

IV.Once the decision to cease refugee status has been confirmed, the foreigner must regularize his immigration status within a period of thirty (30) calendar days, through the General Directorate of Immigration and under a warning of the application of migratory sanctions.
ARTICLE 14.- (PROCEDURE FOR CANCELLATION AND REVOCATION).

For all cases of cancellation and revocation, the Technical Secretariat will also notify the refugee personally, by cedula or by edict so that he or she may appear for a personal interview within a period of not less than five (5) working days, informing him of the objective of the same and the effects of cancellation or revocation, as the case may be. Once the interview has been completed and the evidence has been received, or when the refugee does not appear without urgent cause, the process will be completed and the case will be resolved by the CONARE, following a technical report from the Technical Secretariat, by means of a resolution challenging the objection.

ARTICLE 15.- (EFFECTS OF THE CESSATION, CANCELLATION AND REVOCATION).

The cessation, cancellation and revocation of the status of a principal refugee will be extended to the derived condition recognized to their relatives, unless they present a request to the contrary, within thirty (30) business days, computable from the notification of the corresponding Resolution. Otherwise, they must regularize their immigration status within a period of thirty (30) calendar days, through the General Directorate of Immigration and under a warning of the application of migratory sanctions.

ARTICLE 16.- (NO ADMISSION OF NEW APPLICATIONS).

In the event that refugee status has ceased with a final decision, the affected party may under no circumstances submit a new application with merit in the same facts and arguments for which it was previously recognized. In cases where the recognition of refugee status is revoked or canceled, it will not be possible, under any circumstance, to submit a new application.

TITLE III 

COMPETENT ORGAN

CHAPTER I 

NATIONAL REFUGEE COMMISSION

ARTICLE 17.- (EXECUTIVE LEVEL).
I.To be a member of the CONARE Executive Level, you must meet the following minimum requirements:

to)Have Bolivian nationality of origin;

b)Experience and knowledge in the field of Human Rights or International Law;

c)The public office held must relate to the powers of CONARE.

II.The regular and alternate members of the CONARE Executive Level shall be expressly appointed by written communication from the Maximum Executive Authority of the entity they represent. The Presidency of CONARE will be exercised by the Director or General Director of Legal Affairs of the Ministry of Foreign Affairs.
ARTICLE 18.- (ADVISORY AND OPERATIONAL LEVEL).
I.The Representative of the United Nations High Commissioner for Refugees – UNHCR will designate a principal and an alternate representative to form the Advisory Level, and must inform the President of CONARE in writing.

II.The highest authority of the organization that acts as the Implementing Agency of the UNHCR will appoint a principal and an alternate representative to integrate the Operational Level, and must inform the President or President of CONARE in writing.

III.The Implementing Agency of the UNHCR, will help the CONARE to fulfill its attributions established in subparagraphs k), I) and n) of Article 24 of Law No. 251 , determining for that purpose, its regulatory framework and activities, in the respective Interinstitutional Agreement. .
ARTICLE 19.- (MEETINGS).

The CONARE will meet at the invitation of its President or President, once a month as required and as many times as necessary, at the written request of any of its members or at the invitation of the President or President and with the presence of all members of the Executive level with the right to vote, adopting its decisions by simple majority of votes.

ARTICLE 20.- (HEADQUARTERS).

CONARE is based in the city of La Paz, in the Ministry of Foreign Affairs, entity that will grant the material and functional support required in each meeting.

CHAPTER II 

TECHNICAL SECRETARIAT

ARTICLE 21.- (SECRETARY OR TECHNICAL SECRETARY).

The position of Secretary or Technical Secretary of the CONARE will be exercised by a public servant or servant, whose designation is the responsibility of the Minister of Foreign Affairs.

ARTICLE 22.- (REQUIREMENTS).

To occupy the position of Secretary or Technical Secretary, the following requirements must be met minimally:

 

to)Have Bolivian nationality of origin;

b)Attorney’s Degree in National Provision;

c)Knowledge of the subject and suitability.
ARTICLE 23.- (HANDLING AND CUSTODY OF FILES).

The Secretary or Technical Secretary is responsible for the management and custody of the file of the files of the refugee applicants and those who enjoy such condition, according to current computer technologies and application of procedures of action.

ARTICLE 24.- (OPERATION).

For the operation of the Technical Secretariat, there will be minimally available office, equipment, a professional and a legal manager.

TITLE IV 

PROCEDURE TO OBTAIN THE CONDITION OF REFUGEE

CHAPTER I 

ENTRY TO BOLIVIAN TERRITORY

ARTICLE 25.- (AUTHORIZATION OF INCOME).

Once the refugee applicant has entered Bolivian territory and submits his application to CONARE, the Technical Secretariat will confirm the date of entry, appealing if necessary to the General Directorate of Migration.

ARTICLE 26.- (REQUEST).
I.The application for recognition of refugee status, as an affidavit, must contain the following minimum requirements:

to)The complete data of the applicant;

b)The complete data of the people that make up your family group, specifying if you request the derived status for those who are in the country;

c)The exposition of relevant facts that motivate your request, expressed chronologically;

d)The identity or travel documentation of the applicant and their family group that could be presented, the one that proves family ties and any evidence that is offered in support of their request.

II.The presentation of documentation that is in the possession of the authorities of the applicant’s country of origin will not be required and the lack thereof will not prevent or suspend the processing or resolution of the request.

III.From the moment the application is submitted until before CONARE issues a Resolution, the applicant may provide all the evidence it deems pertinent and necessary, ruling to that effect, the procedural principle of evidentiary freedom and sound conviction.
ARTICLE 27.- (ADMISSION OF GIRLS, CHILDREN AND ADOLESCENTS).
I.In the event that a girl, boy or adolescent enters the country accompanied by an adult other than one of their parents or legal guardian, however this will grant the necessary care and assistance, must formalize or ratify the guardianship before the Judge of Children and competent Adolescence;otherwise, the Departmental Social Management Service – SEDEGES will be notified and immediately referred, so that the same procedure can be followed as in the case of unaccompanied minors.

II.When children and adolescents enter Bolivian territory separated from their parents or the person exercising their guardianship and legal representation, however they are accompanied by third parties who have not judicially ratified the guardianship, it will be communicated to the Special Force of Fight against the Crime – FELCC, for research purposes, without prejudice to the remaining measures of protection and assistance needed.
ARTICLE 28.- (REQUEST AND DOCUMENTATION OF GIRLS, CHILDREN OR ADOLESCENTS).
I.Any girl, boy or adolescent, unaccompanied or separated from her family, has the right to apply for refugee status, with CONARE coordinating with the SEDEGES and the District’s Children and Adolescents Ombudsman, governmental and departmental instances of child protection. and Adolescence, who will inform the Judge of Children and Adolescents for the purpose of appointing a guardian and legal representative, within the framework of the procedure for determining refugee status. These requests will be addressed as a priority, through an expedited procedure, privileging the best interests.

II.When the situation arises that the child or adolescent does not carry identification documents, the Ombudsman for Children and Adolescents and the SEDEGES will promote the obtaining of said documents, in order to know their full identification that will serve for the processing of their request .
ARTICLE 29.- (PRECAUTELATION OF RIGHTS).

The CONARE must inform the Ombudsman for Children and Adolescents and the SEDEGES of the jurisdiction where the child and adolescent who entered the country separated and not accompanied by their parents or guardians and who applied for refugee status, to so that in the framework of coordination and cooperation, their rights are protected in a comprehensive manner and, if appropriate, the application for protection is filed with the competent Judge of Children and Adolescents.

ARTICLE 30.- (REGISTRATION).

Once the application for recognition of refugee status has been submitted, the Technical Secretariat must comply with the following procedure:

 

to)Registration of the application, in which the date and time of its presentation is established;

b)Grant the applicant the Information Form, which constitutes a formal affidavit, in which he establishes the general information for the applicant about his rights and duties;

c)Open and prepare the individual file of the Refuge applicant, assigning a number or code; where the background and documentation presented and accumulated during the procedure will be archived chronologically;

d)Register in the database, the personal and general information of the applicant, personal photograph, migratory and contact information, detail of the documentation presented, data of relatives. The Form will be signed by the person responsible for the registration and the applicant;

and)File in the file all the notes, documentation and information accumulated by the personnel of the Secretariat, regarding the applicants including transcripts of eligibility interviews, technical opinions, resolutions, notifications, representations, requests and others.
ARTICLE 31. (DOCUMENTATION AND RENEWAL).
I.Once the application has been registered, the Technical Secretariat of the CONARE will issue to the applicant and the members of the family group the temporary refugee status application document, signed by its President, which allows him, his family group and dependents, to remain in regular situation in Bolivian territory until your petition is resolved by a final decision.

II.In order for the temporary refugee status application document to remain valid and the applicant not to be in an irregular migratory situation, it must be renewed within a maximum period of five (5) business days before its expiration.

III.If the refugee applicant does not justify the appearance of the interview calls, issued by the Technical Secretariat, in no case will the temporary refugee status application document be renewed.

IV.In case the temporary refugee status application document is reported as stolen or lost, the applicant must request a new temporary refugee status application document, through a note that will be presented to CONARE, explaining the circumstances of the facts.

CHAPTER II 

INTERVIEW, TECHNICAL – LEGAL OPINION AND RESOLUTION

ARTICLE 32.- (INTERVIEW).
I.The refugee applicant will be interviewed by the Secretary or Technical Secretary of CONARE, personally, through a questionnaire that includes questions about the reasons and facts that forced him to leave his country of origin or for which he expresses a well-founded fear of returning to the.

II.The Secretary or Technical Secretary of the CONARE, prior to conducting the interview, will prepare the background of the case and explain to the applicant about their rights and duties.

III.The interviews must be recorded in the minutes, duly signed by the intervening parties and will be held in a language that the applicant understands, resorting to the services of an interpreter if the case warrants it.

IV.The interpreter or translator will sign a sworn statement of commitment to observe ethical and impartial behavior, as well as to keep in reserve and confidentiality the information granted by the applicant.

V.In case the refugee applicant does not show up for the interview, the Secretary or Technical Secretary will record the absence in the minutes, which will be attached to the respective personnel file.

SAW.In a period that will not exceed fifteen (15) calendar days, a second interview will be scheduled. In case of registering a new absence, within the term of fifteen (15) calendar days will be convened to the third and last interview. If the applicant does not attend any of the interview calls, it will be the responsibility of the Secretary or Technical Secretary to send the respective report to the CONARE Executive Level, to proceed to declare the abandonment of the procedure.
ARTICLE 33.- (SUPPORT INFORMATION).

For the issuance of technical-legal opinion, respecting the principle of confidentiality, the Secretary or Technical Secretary of CONARE, must consider the following aspects:

 

to)The review of the documentation and background information presented by the refugee applicant that appear in the file;

b)Investigate and provide all the relevant evidence for a correct and complete analysis of the application, being able to consult reliable Internet pages corresponding to the country of origin as official local sites. State Attorney General’s Office, Ombudsman’s Office, local governments, UNHCR pages, daily press, and others, ruling in any case, the principle of evidentiary freedom and free conviction.
ARTICLE 34.- (TECHNICAL OPINION – LEGAL).
I.The technical-legal opinion issued by the Technical Secretariat must include minimally:

to)Identification of the main events that motivated the applicant to leave their country of nationality or habitual residence, or for which they expressed a well-founded fear of returning to it;

b)Assessment of the adequacy of the case in the framework of the Convention on the Status of Refugees of 1951, its 1967 Protocol and the Cartagena Declaration on Refugees of 1984, as well as the provisions of Title II of Chapter I of Law No. 251 ;

II.Once the technical-legal opinion has been concluded, the Technical Secretariat will be in a position to include the case in the next CONARE meeting, for the purpose of its evaluation and decision.

III.All the required public entities will grant urgently, mandatory and priority information and documentation requested by CONARE.

IV.The information relevant to the analysis of the case on the human rights situation in the country of nationality or habitual residence of the applicant will be systematized.
ARTICLE 35.- (PROCEDURE PRIOR TO RESOLUTION).
I.At a meeting of the CONARE, prior to issuing the corresponding Resolution, the Secretary or Technical Secretary will present its technical opinion; Subsequently, the questions or clarification requests of CONARE members will be answered and, if appropriate, the floor will be given to the Representative of the United Nations High Commissioner for Refugees or to the Representative of its Implementing Agency, in order to listen your technical opinion

II.A fourth interim may be declared before the deliberation, in order that the CONARE members may base their vote and determine the concession or denial of the request.

III.At the request of any of the members of the CONARE, a new extension interview may be called, in case of doubt regarding the declarations of the applicant or their relatives, including children and adolescents, as well as complementary opinion of the Technical Secretariat and more information or documentation and, consequently, postpone the issuance of the Resolution.

IV.The issuance of resolutions in CONARE meeting and the previous procedure must be recorded in minutes prepared by the Technical Secretariat, which will be subscribed by all members, the Executive Level and the Secretary or Technical Secretary.
ARTICLE 36.- (RESOLUTION).
I.The CONARE must resolve each application for refugee status within a period of one hundred and twenty (120) business days from the date of admission of the application. Resolutions must include updated photographs of refugees.

II.Exceptionally, the deadline for issuing the resolution referred to in the preceding paragraph, may be extended for an additional twenty (120) business days when there are circumstances that justify it as the lack of proof for a correct analysis.

III.In the event that the applicant has not expressly domiciled and their whereabouts are unknown, they will proceed to practice the notification through personal e-mail or through another legal alternative means. The notification will be considered fulfilled on the day of the diligence. If the legal domicile was constituted in the Technical Secretariat, it will be notified in that instance.

IV.If the resolution grants the refugee status, it will acquire the right of indefinite permanence in the country and therefore the competent authorities must extend the identity document and the respective travel document.

V.If the refusal resolution is not subject to the filing of the Challenge Appeal within the established legal period, it will be legally enforceable and the applicant of the refugee status will have a period of thirty (30) calendar days to leave the country or regularize his immigration status. through the General Directorate of Migration.

CHAPTER III 

CHALLENGE

ARTICLE 37.- (CHALLENGE).

The refusal decisions by application in the first instance, refugee status, family reunification, exclusion, cessation, cancellation, revocation or expulsion, adopted by the CONARE may be challenged within a definitive term of fifteen (15) working days, computable from the legal notification.

ARTICLE 38.- (PROCEDURE).
I.The Challenge Appeal must be submitted to the CONARE Presidency, including all the antecedents, which must be sent to the Chair of the Challenging Commission, for processing and resolution.

II.The requests for objection, must obligatorily provide new elements that allow their consideration.

III.The Challenge Appeal will be resolved by confirming or revoking the CONARE Resolution, within fifteen (15) business days, from the receipt of the file, stating in a reasoned manner the factual and legal aspects on which it will be based. . Once notified, no further appeal is allowed in the administrative channel.

IV.The Challenging Commission may call interviews and require additional evidence to support the ruling to be issued.

V.If the CONARE resolution is confirmed by the Challenge Committee, the foreign person will be granted a period of thirty (30) calendar days to leave the country or the possibility of regularizing their immigration status, through the General Directorate of Immigration .

CHAPTER IV 

ABANDONMENT AND WITHDRAWAL

ARTICLE 39.- (ABANDONMENT).
I.If the temporary refugee application document is not renewed within three (3) months of its issuance, CONARE, through an express and well-founded resolution, will declare the procedure abandoned and the file will be provisionally filed, except fortuitously or of force majeure, duly justified and documented.

II.The process of the procedure may only be resumed when the applicant proves that due to causes beyond his control, it was materially impossible for him to continue with the process, which will be assessed to determine his new admission.
ARTICLE 40.- (WITHDRAWAL).
I.The applicant for refugee status may, at any time during the procedure, expressly state that he / she will not continue with the process. The withdrawal must be expressed voluntarily and expressly by the applicant in written form and will be accepted by the CONARE by express and substantiated resolution, providing the final file of the case. If there are several applicants, the withdrawal of the principal will not affect the rest.

II.In this case, the reopening of the file is not appropriate, without prejudice to the submission of a new request in accordance with the procedure established in this Regulation.

TITLE V 

DOCUMENTATION

UNIQUE CHAPTER 

IDENTITY DOCUMENTATION

ARTICLE 41.- (IDENTITY DOCUMENT).
I.Once the CONARE Resolution and the indefinite permanence granted by the General Directorate of Immigration have been obtained, these documents will be presented before the competent authority to obtain the Identity Card for Foreigners.

II.The requirements for obtaining the indefinite stay and the Identity Card for Foreigners are:

to)Obtaining indefinite permanence. The procedure is personal and subject to the submission of the following documentation:

one.Letter of request from the interested party, addressed to the General Directorate of Migration;

two.Legalized photocopy of the resolution of refugee status by the Technical Secretariat of CONARE;

3.Certificate of background issued by the Bolivian Police, only for persons over sixteen (16) years of age;

Four.Two (2) photographs, size 4×4 with red background;

5.Medical certificate issued by the Public Health Entity.

b)Obtaining the Foreigner Identity Card. The procedure is personal and subject to the submission of the following documentation:

one.Copy of the Administrative Resolution of the indefinite stay, issued by the competent authority;

two.Legalized photocopy of the CONARE resolution;

3.Pre computer registry;

Four.In case of renewal of the Foreigner Identity Card, attach the old Identity Card.
ARTICLE 42.- (DEPARTURE FROM THE COUNTRY).

In the event that the refugee is absent to a third country and returns at a later date than the one reported to the CONARE, he must justify and substantiate his absence, under the warning of a written reprimand.

ARTICLE 43.- (TRAVEL DOCUMENT).

At the request of CONARE, the Migration Office will be able to provide a travel document to refugees who do not have a passport, which will allow them to leave the country and will have a validity period similar to a national passport. This document will keep the form established by the appendix of the Annex to the 1951 Convention relating to the Status of Refugees.

TITLE VI 

DURABLE SOLUTIONS

UNIQUE CHAPTER 

LOCAL INTEGRATION

ARTICLE 44.- (PROTECTION AND DURABLE SOLUTIONS FOR PEOPLE WHO HAVE THE CONDITION OF REFUGEES).

CONARE will assume and promote actions aimed at finding an effective and permanent solution to the problems of unemployment, health, housing, education and access to paid or self-employment, which affect refugees in coordination with public entities and / or private, municipal, departmental, national and international.

ARTICLE 45.- (NATURALIZATION).

The requirements demanded by the General Directorate of Migration for naturalization must not exceed those established by current regulations.

ADDITIONAL PROVISIONS

UNIQUE ADDITIONAL PROVISION.-

To comply with the provisions of Article 24 of these Regulations, the Ministry of Economy and Public Finance, according to the financial availability of the National General Treasury – TGN, will allocate resources upon presentation of the request of the Ministry of Foreign Affairs.

TRANSITORY DISPOSITIONS

UNIQUE TRANSITORY PROVISION.-

In accordance with the Convention on the Statute of Stateless Persons of 1954, the Convention for the Reduction of Cases of Statelessness of 1961 and the accession of Bolivia by Supreme Decree No. 19777 , of September 13, 1983, elevated to the rank of Law No. 2116 , of September 11, 2000, any request for stateless persons, with a transitory nature, will be processed in accordance with the procedure provided for in Law No. 251 and this Regulation, as pertinent and corresponding to each case.

FINAL PROVISIONS

UNIQUE FINAL PROVISION.-

In the event that the refugee has died, the CONARE within the scope of its powers, will confirm this event ex officio and by express, documented and substantiated resolution, will provide for the formal cessation of refugee status, without further processing.

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as amended on 26 December 2018

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