The Cartagena ‘Spirit’ as a third world human rights alternative to refugee protection: lessons to learn from Brazil’s approach to Venezuelan socio-economic refugee

Abstract

ABSTRACT Even though inter-state forced displacement is heavily concentrated in the Third World and predominantly constituted of massive migration flows linked to objective and structural socio-economic factors, the protection provided by International Refugee Law remains based on a liberal Euro- and state-centric definition of refugees, culminating in a de facto exclusion of the great majority of the world’s refugees. This article advocates the need to conceptually challenge the 1951 Convention refugee definition, proposing the Cartagena Declaration as a Third World human rights alternative to it. The delegitimization of the socio-economic refugee sustains and is sustained by the Western liberal and state-centric logic under which International Refugee Law functions. The recognition of socio-economic rights per se as a basis for refugee status under the Cartagena Declaration constitutes a rupture with that dysfunctional logic. Consequently, the Cartagena ‘Spirit’ provides, in theory, a comprehensive and up-to-date human rights refugee protection regime capable of encompassing all types of refugees. To materialise the discussion, the article critically analyses the Brazilian application of the Cartagena refugee definition to Venezuelan socio-economic refugees. It concludes that the Brazilian approach does not fully materialise the Cartagena ‘Spirit’ radical potential, putting into question the ‘Spirit’ practical feasibility.