Refugio, desplazamiento y conflicto: estándares internacionales aplicables al caso colombiano

Abstract

This working paper analyzes the protection of refugees in scenarios of armed conflict and generalized violence, based on the articulation between International Refugee Law (1951 Convention and 1967 Protocol, and the 1984 Cartagena Declaration) and International Humanitarian Law (1949 Geneva Conventions and Additional Protocols), with special reference to Colombia as a receiving State. The central problem lies in harmonizing these regimes to guarantee the timely recognition of refugee status, the effectiveness of the principle of non-refoulement, and the provision of material protection during displacement and reception, in accordance with the constitutional framework (Article 93 of the Political Constitution) and the internal procedure established in Decree 1067 of 2015. This work aims to: (i) define categories and distinguish between refugee, asylum seeker, and internally displaced person; (ii) systematize state obligations—non-refoulement, timely documentation, access to health, education, work, and a differential approach for women, girls, and boys; (iii) identify the impact of International Humanitarian Law on the determination of refugee status and on minimum guarantees during transit and stay; and (iv) derive operational criteria for interagency coordination applicable in Colombia. The results conclude that a pro persona interpretation of the Cartagena Declaration broadens the grounds for recognition in the face of widespread violence and risks posed by non-state armed actors; that the principle of non-refoulement has a reinforced scope in conflict contexts; and that the competent authority should prioritize a risk analysis with reasonable timeframes and appropriate documentation. Coordination protocols are recommended between the Ministry of Foreign Affairs, Migration Colombia, the Colombian Institute of Family Welfare (ICBF), the Ministry of Health, and territorial entities, as well as an IHRL matrix to strengthen the protection of refugees and host communities.