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Home , Country, Ecuador, Refugee law

Northern South America

Major developments

Following the end of the formal peace talks between the of and the Fuerzas Armadas Revolucionarias (FARC) in February 2002, hostilities Northern South America amongst all the main factions (FARC, Ejército de Colombia Liberación Nacional – ELN, and the paramilitaries – AUC) increased, leaving limited options for a solu- tion to this humanitarian crisis. The armed conflict amongst these three irregular groups and the army, continues to force to cross borders into neighbouring . In 2002, the presence of Colombian insurgent groups in the border areas of Ecuador, Panama and Venezuela raised concerns Southern South America about the possible spill-over of the conflict into these . From 2001 to 2002, asylum applications in the neighbouring countries almost doubled from 3,750 applications in 2001 to 7,110 in 2002. In Ecuador, the election of a new government, in 2002, did not change the ’s open traf Due totheirperceived linkswitharmsanddrug- Challenges and concerns Following afailed cies andinternationally-acceptedpractices. Ecuador remained committedtofairasylumpoli- attitude towards . TheGovernmentof are regarded bygovernmentsintheregion asathreat implemented. which cameintoeffect inOctober2001 was not affected allsectorsofsociety, andtherefugee law which continuedthroughout theyear. Thisseriously 2002, thecountrywasrocked bydomestic turmoil fi cking, Colombianasylum-seekers andrefugees coup d ’é tat in Venezuela in the regional levelwiththeCatholicChurch, other same time,strategicpartnerships were soughtat reinforce thenationalprotection networks. At the (QIPs) inrefugee-hosting communitiestofurther in theseareas implementedQuick ImpactProjects and assistance.TheOffice anditspartner agencies of individualslookingtoUNHCRforprotection der , where there wasahighconcentration The focusofUNHCR • • • sis, UNHCR der areas. Develop protection networks,especiallyin bor- Ecuador, Panama,Peru andVenezuela; Consolidate thenationallegalframeworksin and receive assistanceintheborder areas; Protect therightsofindividualstoseekasylum ’ s three mainobjectiveswere to: UNHCR GlobalReport 2002 in Panama. with thenationalborder police sometimes resulted inclashes of EcuadorandVenezuela, and Colombians intheborder areas increase inthehomicideratesof gees. Theattacksoftenledtoan ened thevulnerabilityofrefu- neighbouring countriesheight- Colombian insurgent groups into During theyear, incursionsby local integration. and reduced possibilitiesfor refugees andasylum-seekers, viously openattitudestowards receiving areas alsoaffected pre- tensions inmostoftherefugee- Widespread povertyandsocial and combatantsorex-combatants. traffickers, commoncriminals, tor forcocagrowers, drug- policies wouldcreate apullfac- ernments widespread concernamonggov- to nationalsecurity. There was the Colombianhumanitariancri- ordinated regional approach to Within theframeworkofaco- solutions Progress towards ’ s programme wasonthebor- that liberalasylum- 445

South America s ’ ess in its RSD recognition policy recognition prima facie portant, in view of the security risks International Protection Considera- International Protection “ The Eligibility Commission reviewed with the support of UNHCR, the Gov- which is described in a separate country s main implementing partner and the ’ upon them by the presence on Ecuadorian upon them by the presence titled and shared them with countries of asylum and shared ” Regarding Colombian Asylum-seekers and Ref- Asylum-seekers Colombian Regarding Ecuador, Ecuador, operations and activities by country, except for operations and activities by country, ernment made considerable progr ernment procedures. 1,130 in 2001), applications (up from asylum 3,250 How- recognised. favourably of which 1,710 were number of asylum- in view of the growing ever, to 3,460 in 2001) seekers in 2002 (6,280, compared 2,000 cases still awaiting a deci- and the roughly the RSD sion, the Government may have to review and adopt a process, chapter. In in border areas. areas. in border UNHCR a new electronic created Affairs Ministry of Foreign which significantly improved database for refugees of asylum- demands to the increased the response the seekers. In addition, the Government approved issuance of new identity documents, which are better pro- provide and therefore to forge difficult of In 2002, the relocation tection for refugees. country became Colombians in Ecuador to a third im increasingly brought Three of illegal Colombian armed groups. situated in the proxim- transit centres 11 the of out Colombia, Operations UNHCR The following paragraphs summarise and partners. These guidelines were important in and partners. These guidelines were applications. facilitating the adjudication of asylum ugees, to international standards. The Office continued to continued The Office standards. to international country, in the the Eligibility Commission support coaching. intensive on-the-job through particularly of in the number increase to a three-fold This led the applications. During made on asylum decisions essential protection introduced UNHCR also year, data- the adoption of a new electronic tools through countrywide. The Government base for registration documents to asylum- issued new identification seekers and refugees. of guide- a set UNHCR produced In 2002, lines en tions Returnees Other ce endeavoured to establish ce endeavoured fi seekers (in millions) UNHCR Global Report 2002 1 January 31 efugee protection to ensure closer adherence to ensure efugee protection Refugees Asylum- Persons of concern to UNHCR eld presence by deploying additional protection eld presence fi 0 0.2 0.4 0.6 0.8 1.0 1.2 new implementing arrangements and to expand its new implementing in all of the countries con- operational coverage of the highest number received cerned. Ecuador Colombians. In 2002, there asylum-seekers, mostly in to 3,460 asylum cases, compared 6,280 new were UNHCR increased result, As a year. the previous its 446 In Peru, a notable accomplishment for UNHCR was a notable accomplishment In Peru, which came into law, the passing of the first UNHCR on 22 December 2002. In Ecuador, effect regu- the decree made major advances in re-drafting lating r staff and reaching agreements with local NGOs and with local NGOs agreements and reaching staff the RSD process. development agencies to assist with the to meet designed purely though These efforts, asylum-seekers, did permit and needs of refugees for UNHCR financial savings, and made it possible In in Ecuador. to expand its community projects with UNHCR signed a new agreement Venezuela, to Machiques a local NGO and deployed field staff monitoring and better and Guasdualito to provide and asylum-seekers in the assistance to refugees Colombia. bordering areas During the year, the Of During the year, UN agencies, IOM and the ICRC. It is expected that ICRC. It is expected IOM and the UN agencies, joint activities to more will lead these partnerships and Panama, Ecuador, of areas in the border in 2003. Venezuela

South America These are expectedtobecomeoperationalin2003. in PanamaCityand Yaviza (Dari offices new of 2002, UNHCR approved opening the the local population and refugees. InDecember community-based pr ofDari collaboration withimplementingpartnersinthe emerging protection problems inthecountry. In Panama onasemi-permanentbasistoaddress 2002, aprotection officer wasalsodeployedto UNHCR missions tothearea, from headquarters and to asylum-seekers.UNHCRcarriedoutnumerous tion onensuringtheeffective deliveryofassistance work. As aconsequence,UNHCRfocuseditsatten- movement and r areas oftheProvince ofDari asylum-seekers intheborder rary humanitarianstatusto review, provides onlytempo- Decree 23,althoughunder intensified conflictinColombia. lodged (only126)despitethe applications forasylumbeing which resulted inrelatively few ingly restrictive national In refugee movements. task ofmonitoringpotential plan accorded toUNHCRthe displacements. Theresulting to address possiblep to adopta stressed theneedforUNagencies and ContingencyPlanningUnit Venezuela, OCHA neighbouring Surinameor did notleadtoanexodus in political powerandeconomic the mainpoliticalpartiesover conflict betweensupportersof In needs ofasylum-seekers. security andmeettheprotection were closedinorder toimprove ity oftheborder withColombia fl Panama, uence. Although thesituation Guyana, estricted theirfreedom of ’ factors ledtoanincreas- s office inVenezuela. SinceSeptember co-ordinated approach domestic andinter- and therightto there wasviolent é ’ asylum policy, n, UNHCRdevelopedsmall-scale s EarlyWarning ojects, whichwillbene opulation é n é help him to earn aliving. help himtoearn Panama: QIPsinPuertoObaldin:Here afishermanhasreceived f n Province). fi t both UNHCR In mostly Colombians. implementing partnerassisted90newarrivals, improve thecountry law inOctober2002.Thelaw, whichisexpectedto applications. Thedeteriorating securitysituationin in place2002,andthere wasabacklogofasylum refugee law(passedin2001)had still notbeenput of nationalities, outofagroup of690.UNHCR The Of country a majorstepforward forUNHCR,inview ofthe UNHCR /J.Morland Peru, Venezuela, fi ’ ce continuedtoassist70refugees ofdifferent led totheadoptionofafairlyliberalrefugee s political,economicandsocialsituation. ’ s proactive lobbyingwiththeGovernment the regulations implementingthe UNHCR GlobalReport 2002 ’ s RSDprocedures, represents ishing materialto 447 ’ s

South America ’ s own financial ’ access to these proce- ’ s overall strategy in the was based in the region s overall strategy ’ on three main objectives, all of which embody a main objectives, all of on three the promotion 1) reinforcing approach: gender-based at national and and/or adoption of a legal framework integration strategy, levels; 2) designing an regional for urban refugees which prioritises self-sufficiency schemes, with financial and micro-credit through civil society; and 3) strengthening other support from countries: Brazil resettlement of emerging the role of the socio-economic reality and Chile. However, coupled with UNHCR the region, by immigra- was affected access to RSD procedures to be declared areas in border tion measures control a security concern by the concerned Argentina, of the borders where the (i.e. around Brazil and Paraguay meet). UNHCR carried out in co-ordination areas, missions to these border with national authorities and implementing partners, to monitor asylum-seekers constraints posed serious handicaps for the Office constraints posed serious handicaps strategy. to rapidly implement the planned Argentina, in The political and economic situation in the refugee Bolivia and Paraguay led to delays Asylum-seekers status determination (RSD) process. In 2002, the lack of trained personnel, and dures. information materials on asylum procedures, for non- access to legal and interpretation the main Spanish-speaking asylum-seekers were shortcomings. Progress towards solutions issues to its In 2002, added refugee the six MERCOSUR agenda. In December, regular transit granting free countries signed an agreement to all citizens, including refugees. and residence Challenges and concerns Challenges UNHCR population is largely urban, and originates mainly and originates urban, is largely population and Liberia, Peru Colombia, , Angola, from Afghanistan, from groups with smaller Sierra Leone, During the Middle East. and the Eastern , 100 asylum-seekers average of a monthly year, and Chile, more Brazil Argentina, arrived, mostly in single men aged 17 to 35, and were than half of them of the adult population a third women represented 700). (roughly s programme in Ecuador. in Ecuador. s programme ’ s regional strategy consisted of s regional ’ ces in Guasdualito and Machiques ces in Guasdualito fi capacity to accommodate refugees. capacity to accommodate refugees. ’ s border states was of concern to was of concern states s border ’ ough UNHCR programmes. The refugee ough UNHCR programmes. 4,760 of whom received assistance and coun- 4,760 of whom received UNHCR Global Report 2002 improving national refugee legislation, strengthening national refugee improving establishing and networks, and national protection in UNHCR presence maintaining an increased actively encouraged These aims were areas. border of asylum and supported by donors. The number is expected to increase applications in the region rapidly in 2003 than in 2002. Therefore, even more will continue to be needed, additional resources particularly for UNHCR 448 In 2002, the financial and socio-economic crisis in affected Uruguay and Bolivia, Paraguay, Argentina, those countries Major developments and asylum- 8,660 refugees were there In the region, seekers, selling thr Southern South America In 2002, donors expressed an increase interest in the interest an increase In 2002, donors expressed on neighbouring impact of the countries. UNHCR Funding the country both Colombia from troops as irregular UNHCR, in been operating reportedly have and Venezuela the same time, At Colombians. and targeting the area for most Colombians of documentation the lack to basic and education impeded their access chances of finding a job. UNHCR services, and their the Government to implement continued to press its pres- also increased Office The RSD procedures. to per- its access improve to areas ence in the border sons and two international of concern (two national the opening approved deployed). UNHCR were staff of two antenna of at the end of 2002. Relations with local authorities at the end of 2002. networks (NGOs enhanced and protection were A strengthened. and the Church) comprehensive QIP in was developed for communities programme imple- were projects and seven areas the border and the improve- mented (school rehabilitation ment of health and sanitation infrastructure).

South America The agreement facilitated the movement and local Operations integration of refugees fleeing one MERCOSUR country and seeking asylum in another. Argentina received 280 new arrivals. UNHCR and its implementing partner assisted some 1,530 refu- UNHCR reinforced and expanded partnerships in gees and asylum-seekers. In October 2002, the Office Southern South America, in its efforts to achieve began an RSD project in Argentina, with the aim of durable solutions in the region. As a result, NGOs helping the Refugee Committee to reduce the back- and civil society institutions continued to include log of some 1,500 asylum claims, and at the same refugee issues in their own policies and activities. time to reinforce its technical capacity. By the end In 2002, implementing partners in Argentina, of the year, the number of pending asylum claims Bolivia, Brazil, Chile and Uruguay covered some had fallen by 15 per cent. 40 per cent of refugee assistance from non-UNHCR funds in the areas of health, education, vocational UNHCR’s implementing partners in training and counselling. financed 88 income generation projects. 249 per- sons (35 per cent women) benefited from micro- Brazil and Chile demonstrated their commitment as credit schemes by the end of the year. More than emerging resettlement countries by receiving refu- 400 refugees attended vocational training in order gees from Afghanistan and other Middle East coun- to improve their chances in a drastically contracted tries. Through continued collaboration and on-the- job market. UNHCR, in co-ordination with the job training with NGOs, UNHCR strengthened their University of Buenos Aires and local NGOs estab- capacity to respond to new challenges, and to pro- lished legal clinics with funds received from the vide economic support during the initial integration University of Texas. These clinics provided legal period for the resettled persons. counselling to refugees and migrants, analysed national legislation and promoted international In view of the socio-economic difficulties prevailing refugee law. in Argentina, private sector fund raising activities in the country were suspended in 2002. UNHCR In Bolivia, there were 24 new arrivals and the and Argentina con ACNUR (ARCA) concentrated Office assisted some 52 refugees and asylum- on building awareness through public information seekers. During the year, UNHCR continued to and media events. Despite the financial constraints, lobby for the adoption of a refugee law. ARCA raised some USD 8,500 for the region.

Chile: Refugees from former Yugoslavia in receive advice and assistance to enable them to become more self-sufficient. UNHCR / P. Gutnisky

UNHCR Global Report 2002 449 South America  Annual Programme Budget Annual Programme ce launched a micro-credit project to support the to support project a micro-credit ce launched fi Funding had RSD project Due to budgetary constraints, the This post- year. to be postponed until the end of the of an ponement delayed the full implementation the oppor- and reduced expedited RSD procedure to integrate locally. refugees tunities for recognised Of country. in the of refugees local integration of advertising agencies, support the pro-bono With of of the situation raised awareness UNHCR UNHCR pro- and Brazil. Argentina in refugees the campaigns for both duced 13 new awareness television. Some television spots print media and both were at headquarters, and also created were Brazil Argentina, or published, mostly in broadcast media obtained free the Office and Chile. In 2002, to USD 356,705,19. UNHCR slots which amounted and Argentina exhibits in also set up 25 photo a Refugee Day, of Chile. On the occasion the throughout media kit was sent to journalists and 18 interviews on in 38 articles resulting region, Chile and Uruguay. Argentina, issues in refugee translate briefing UNHCR continued to regularly for regional notes on UNHCR activities worldwide in offices, partners and other Spanish-speaking UNHCR videos addition to translating and editing used by the Office. Restricted / Earmarked (USD) – (SPA) 222,799 90,199 (GFR) 146,921 146,921 cers (police fi a con ACNUR ñ Donor Income Contribution Espa CommissionEuropean ItalyJapanPrivate Donors ItalySpainSwedenSwitzerlandUnited States of America 1,509,303 1,509,303 259,193 314,469 1,406,332 500,000 259,193 205,826 235,805 299,401 1,406,332 314,469 500,000 205,826 235,805 299,401 Deutsche Stiftung Voluntary Contributions Voluntary the Office received three new arrivals, three received the Office 1 received eight asylum requests and UNHCR eight asylum requests received UNHCR Global Report 2002 received 43 new arrivals during the year. received received 880 asylum requests, and the Office and requests, 880 asylum received Paraguay, Paraguay, Earmarking Colombia and border authorities). As a result, an agreement an As a result, authorities). and border to between UNHCR and the academy was reached curricula issues into the existing incorporate refugee of 23 April 2002, a first group In of the institution. the from Alegre arrived in Porto Afghan refugees of Iran and . Civil society Islamic them with identity provided and local authorities as well as health and education benefits. cards, assisted some 2,730 refugees and asylum-seekers. and some 2,730 refugees assisted frame- the protection to reinforce made were Efforts and asylum-seekers. The Office for refugees work of Federal Police Academy the National supported law and seminar on refugee by sponsoring a regional of for law enforcement RSD procedures 450 Uruguay and assisted 25 refugees and asylum-seekers. In and assisted 25 refugees law based July 2002, Paraguay adopted a refugee law. on the UNHCR model largely Chile Brazil assisted some 50 refugees and asylum-seekers. The assisted some 50 refugees In UNHCR assisted some 370 refugees and asylum- UNHCR assisted some 370 refugees and helped 10 refugee seekers in the region, through self-sufficient families to become more to of a mission As a result schemes. micro-credit of Chile Azerbaijan and , the Government Afghan refugees. 12 of the resettlement approved

South America Country 2 1 Total SouthAmerica Regional Projects Argentina SouthAmerica Southern Regional Projects Venezuela Panama Ecuador Colombia SouthAmerica Northern Total South America Venezuela Panama Ecuador  1 Earmarking Includes localintegrationofrefugees inArgentina, Bolivia,B Includes localintegrationandrepatriation assistancetorefug For more informationonthevariousearmarkings,pleaserefer t 1 2 1 wdn3946329,436 371,005 310,559 329,436 1,790,000 371,005 310,559 235,851 1,790,000 62,200 80,000 235,851 276,698 62,200 80,000 276,698 80,000 445,986 157,234 United StatesofAmerica 25,000 80,000 Sweden 246,063 445,986 Norway 210,000 157,234 25,000 246,063 210,000 United StatesofAmerica Private DonorsItaly Italy United StatesofAmerica Italy USA forUNHCR(USA) United StatesofAmerica Italy Germany Espa oo noeContribution Income Donor Budget andExpenditure(USD) ñ a conACNUR razil, Chile,ParaguayandUruguay, andscholarshipsforrefuge ees inGuyana,Peru,SurinameandVenezuela. o theDonorProfiles. SA 122,167 0 (SPA) UNHCR GlobalReport 2002 eie ugtExpenditure Revised Budget e students. 1932810,959,281 11,933,278 ,1,3 1,638,694 1,372,036 4,418,955 1,711,731 1,513,137 4,562,114 9,709,648 9,720,081 ,0,4 1,753,570 2,008,345 Annual Programme Budget 9,5 842,467 992,751 392,500 392,500 5,0 541,059 752,700 Annual Programme Budget 451

South America