Peru proposes mandatory procedure at OAS to protect right to asylum

Photo: Ministry of Foreign Affairs of Peru

Photo: Ministry of Foreign Affairs of Peru

16:00 | Washington, D.C. (U.S.), Dec. 3.

Foreign Affairs Minister Hugo de Zela presented on Wednesday to the Organization of American States (OAS) Permanent Council in Washington, D.C., Peru's proposal aimed at ensuring the proper application of the 1954 Caracas Convention.

This initiative aims to protect the essence of the right to diplomatic asylum and prevent it from being used as a mechanism for impunity.


The government official stated that this trend, relying on "information distorted by ideological biases," is inconsistent with the Convention's spirit and purpose.

In this regard, Minister De Zela explained that the Peruvian initiative proposes establishing a mandatory preliminary procedure.

It aims to set guidelines and clarify the terms under which Article IX of the Caracas Convention should be applied, requiring the asylum-granting government to take into account the information provided by the territorial State when guiding its judgement on the offense nature. 

Minister De Zela announced that, following initial consultations with peers from the region, it was suggested that Peru request an opinion from the Inter-American Juridical Committee (CJI) ——the OAS' advisory body so that it can conduct a technical-legal study on the interpretation of the Caracas Convention's Article IX.

This step would serve as a basis for the proposed procedure, ensuring that asylum decisions do not rely solely on subjective judgment but are also grounded in official information from the territorial State and other reliable sources.

Similarly, the diplomat emphasized that Peru is not putting forward this initiative in connection with any specific case of diplomatic asylum.

He stated that, despite the political crises triggered by acts of corruption in recent years—through which several former presidents and politicians across the spectrum were held accountable before the courts—Peru continues to uphold constitutional order and the guarantees for the justice administration. 

Lastly, the Cabinet member reminded attendees that this proposal reinforces public trust in democratic institutions and is consistent with Peruvian legislation.

"Our regulations prohibit granting asylum to individuals prosecuted or convicted for common crimes, in accordance with the current standards of the Inter-American Human Rights System," he indicated.

The presentation was followed by presentations of several member countries, demonstrating the high level of interest it generated.

Positive reaction at OAS

Later, in remarks to Canal N, the Foreign Affairs Minister highlighted that his address at the OAS Permanent Council received a very positive response and generated great interest among member countries.

"Most of the countries that spoke consider that what Peru has proposed—which means that this issue is being discussed and has undergone a legal analysis (…)—is valid. What remains now, of course, is to carry out the diplomatic work so that the Permanent Council can make a decision," he stated.

The diplomat mentioned that Peru's proposal on asylum is very simple and consists of having the asylum-granting country request information from the applicant's country of origin regarding their legal situation once an asylum request is submitted.

"What we are proposing is that, before making a decision, information be requested from the country of origin about any ongoing legal proceedings and the person's legal situation, so that once this information is received and evaluated, only then can a decision be made on whether to grant asylum," he explained.

(END) NDP/RMCH/CVC/MVB

Publicado: 3/12/2025