Costa Rica: Is the Exclusion Clause applicable to Nicaraguan "Contras"?
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 February 1990|
|Citation / Document Symbol||CRI4358|
|Cite as||Canada: Immigration and Refugee Board of Canada, Costa Rica: Is the Exclusion Clause applicable to Nicaraguan "Contras"?, 1 February 1990, CRI4358, available at: http://www.refworld.org/docid/3ae6abe97f.html [accessed 11 December 2017]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
The Documentation Centre does not currently have access to Costa Rican jurisprudence on the application of the Exclusion Clause.
However, according to the UNHCR Protection Officer [Telephone conversation with Mr. Eduardo Arboleda, Protection Officer, UNHCR Canada, on February 15, 1990. Telephone number (613) 232-0909.], the Exclusion Clause can be used against anyone if the individual has committed crimes that can be categorized under Section 1F of the 1951 Convention Relating to the Status of Refugees. It should be kept in mind, however, that the Exclusion Clause is not automatically applied to Nicaraguan 'Contras' nor to any other armed groups. Every case should be looked at with regards to its individual merits and according to the 'travaux préparatoires'.
To expand on the Exclusion Clause, please refer to the attached paper entitled Notes on Application of Exclusion Clauses of the 1951 Convention Relating to the Status of Refugees, (Eduardo Arboleda, Protection Officer, UNHCR Canada, November 7, 1989.)