The Cartagena Declaration on Refugees was adopted on 22 November 1984 by a colloquium of Latin American government representatives, academics, and experts meeting in Cartagena, Colombia, during the regional refugee crises of the 1980s.
The Declaration emerged from the practical experience of Central American civil wars (El Salvador, Guatemala, Nicaragua), Andean conflicts, and the broader pattern of mass displacement that the 's individualized-persecution definition did not adequately address.
The Expanded Definition
Conclusion III of the Declaration recommends expanding the 1951 Convention refugee definition to include persons fleeing:
- 'Generalized violence'.
- 'Foreign '.
- 'Internal conflicts'.
- 'Massive violation of human rights'.
- 'Or other circumstances which have seriously disturbed public order'.
This is significantly broader than the Convention's individualized persecution requirement. The Cartagena definition recognizes that contemporary refugee situations often involve mass displacement from generalized danger rather than individual targeted persecution — the same recognition that drove the OAU Convention's expanded definition.
Implementation
The expanded definition has been incorporated into 15 Latin American states' domestic law. The Cartagena has provided protection for hundreds of thousands of:
- Venezuelans displaced by the political and economic crisis since 2015.
- Haitians fleeing political instability and natural disasters.
- Central Americans fleeing gang violence and instability.
- Colombians during the long internal conflict (now largely settled).
- Various other populations whose situations may not satisfy the strict Convention definition.
The practical effect has been substantial. The Cartagena framework has enabled Latin American states to provide protection to populations that would not have qualified under the 1951 Convention's narrow individualized-persecution test.
The Decennial Process
The Cartagena process produces decennial declarations updating regional refugee protection:
- San José 1994: addressing post-Cold War refugee challenges.
- Mexico 2004: the Mexico Plan of Action.
- Brazil 2014: the Brazil Plan of Action.
- Chile 2024: the most recent declaration, addressing contemporary displacement challenges including Venezuela, Haiti, climate-driven displacement.
The decennial process is institutionally important. It provides a regular review mechanism for regional refugee protection, allowing the framework to be updated in response to changing displacement patterns.
Soft Law Status
The Cartagena Declaration itself is — not legally binding. But its widespread incorporation into national law has given it substantial practical effect:
- 15 Latin American states have incorporated the expanded definition into domestic law.
- Mercosur has adopted the Cartagena approach in regional refugee instruments.
- UNHCR and IOM work with the Cartagena framework in their Latin American operations.
- has referenced Cartagena principles in jurisprudence.
Why It Matters
The Cartagena Declaration matters because:
- It addresses contemporary displacement realities that the 1951 Convention did not adequately cover.
- It demonstrates regional adaptation of refugee protection to specific regional contexts.
- It has had substantial practical effect despite being formally non-binding.
- It influences contemporary discussions of refugee definition reform globally.
- It coexists with the universal Convention framework without displacing it.
The combination of universal (1951 Convention + 1967 Protocol) and regional (OAU Convention, Cartagena Declaration) instruments provides one of the more developed legal frameworks in international human rights law.
Comparison with the OAU Convention
The Cartagena Declaration adopted a similar expanded-definition approach as the OAU Convention (1969), fifteen years earlier. The two regional instruments share:
- Recognition of mass-displacement situations that the 1951 Convention did not adequately address.
- Expanded refugee definitions including generalized violence and disturbed public order.
- Burden-sharing principles complementing the universal framework.
They differ in:
- Legal status: OAU Convention is binding treaty law; Cartagena is soft law that has been incorporated into domestic legislation.
- Membership: OAU Convention has formal state parties; Cartagena operates through national-law adoption.
- Institutional architecture: OAU Convention has AU mechanisms; Cartagena uses the decennial declaration process.
Critiques
Cartagena has faced critiques:
- Uneven implementation: not all Latin American states have incorporated the expanded definition.
- Resource constraints: refugee hosting often outpaces capacity to provide protection.
- Political tensions: refugee hosting can generate domestic political backlash.
- Climate-displacement gaps: emerging climate-driven displacement may stretch even the expanded definition.
Real-World Examples
The 2015–26 Venezuelan displacement crisis has been the most consequential contemporary application of Cartagena principles — the protection of millions of Venezuelans in neighboring states has relied heavily on the expanded definition. The 2024 Chile Plan of Action addressed contemporary displacement including Venezuelan, Haitian, and climate-driven movements. Various Latin American national refugee laws continue to incorporate the Cartagena framework into operational refugee determinations.
Example
Brazil's 2017 application of the Cartagena definition to recognize Venezuelans as refugees fleeing 'massive violation of human rights' enabled rapid recognition of over 50,000 Venezuelans without individual interviews.