Constitutional Reform on Refuge and Political Asylum Matters

Publicada en Publicada en English, Immigration

The Ministry of Interior, through publication on the Daily Gazette, on August, 15 this year, issued an Executive Order referring to the reform of the second paragraph of Article 11 of Mexico’s Federal Constitution, regarding refuge and political asylum matters.

Under such reform and in accordance with international treaties and conventions to which Mexico is party, it is intended the recognition of the right of every individual to seek and receive political asylum in Mexico, without prejudging of the cause that has arisen it, unlike the text previous to the reform, which limited said causes to persecution reasons derived from political issues.

Likewise, it is established that the recognition of the refugee status and the granting of political asylum in the country, will be ruled in accordance with the international treaties signed by the Mexican State, moreover, the law will regulate the admissibility and exceptions.

By way of background, previous to this reform, back in 201, within the Daily Gazette was published an Executive Order  regarding the Refugees, Complementary Protection and Political Asylum Act, whose spirit is to provide protection and the recognition of the Refugee and Political Asylee status in our country; in addition, the  Article 13 of the Immigration Act recognizes the right of requesting recognition of refugee status and granting of complementary protection or political asylum for any foreign individual in Mexican territory.

The mentioned reform, intends to clarify the regulatory landscape regarding refugees and political asylum, by evidencing that those conditions will be ruled in accordance with international treaties to which Mexico is party, aiming to the protection of human rights at international level.

The Executive Order for which the second paragraph of Article 11 of  Mexico’s Federal Constitution will come into effect the following day of its official publication.

Further information can be found at the website of the Daily Gazette at the following link:

http://www.dof.gob.mx/nota_detalle.php?codigo=5447903&fecha=15/08/2016


 

 

YOURS TRULY

 

 

Alejandro Barrera Fernandez barrera@basham.com.mx
Margarita Ortiz Hernandez-Magro mortiz@basham.com.mx

 

Mexico City, August 18th 2016.

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