Urgent statement by the Jesuit Migration Network of Central and North America
“The irregular movement of refugees
should not be penalized� The Jesuit Migration Network of Central and North America (RJM-CANA in Spanish) expresses its deep concern about recent events and calls for states in the region to observe international and national law on the human rights of persons in need of international protection in a thoughtful, informed and timely manner. This is particularly urgent given the recent news of Syrian persons apprehended in Central America and those who presented themselves to seek asylum at the border of Texas. We share five basic considerations in this regard: FIRST. We are called to closely follow the actions of the governments of countries in the region, specifically the United States, Mexico and Central America - particularly in light of the events this past week in Honduras and Costa Rica. We urge that governments refrain from disproportionate or undue actions against the alleged threat presented by the arrival of people of Syrian origin on the American continent, who in their desperation to seek refuge have moved through irregular channels across borders, with possession of altered documents. We are committed to preventing violations of the human rights of those in need of international protection and we stand against further border militarization, immigration enforcement actions and the criminalization of Central American, Cuban and extra-continental people in transit from South America towards the United States all with the justification of a threat of terrorism SECOND. We are aware that States are entitled to establish security measures and national protection, but they should never be detrimental to the international protection needs of victims of wars or other causes of forced displacement. This we reiterate in light of the now well-known protection needs of hundreds of thousands of Syrian families. THIRD. It is essential to bear in mind Article 31 of the 1951 Convention relating to the Status of Refugees, as a legal tool that reminds us that when refugees migrate in an irregular manner, states have an obligation to not punish them for this method of migration:
Article 31. Refugees unlawfully in the country of refuge 1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. 2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.
FOURTH. We cannot accept that wars and other forms of forced displacement have generated, in addition to human casualties, a slate of repressive and xenophobic policies targeting refugees. So we make an urgent call to sister organizations, the media and other information platforms in our societies to avoid feeding fears that strengthen repressive and criminalizing actions by governments and instead work to promote understanding and a culture of hospitality in countries of transit and destination. FIFTH. We share the views expressed by UNHCR on the principle of non-refoulement, meaning “the expulsion or return of a person to a country where there are substantial grounds to believe that person faces a real risk of torture, inhuman or degrading punishment. Such are within the scope of the prohibited acts. This principle applies equally to the expulsion or return of a person to a country which could in turn expel or return a refugee to a third country where they face a real risk of such treatment.�
Central and North America, November 23, 2015
Jesuit Migration Network of Central America and North America (RJM-CANA) is a collaboration of institutions of the Society of Jesus in Central America, Mexico, the United States and Canada, which promotes work committed to migrants, displaced people, refugees and their families and other actors of change in the defense of the migrant/refugee rights in countries of origin, transit, destination and return. The Network maintains that everyone has the right to dignity and human treatment as they live, work and self-actualize in their point or country of origin. But when this is not possible, people have the right to seek a better life away from their point of origin, either within their country or across international borders.
For more information: rjmcentroamerica@gmail.com