The Ecuadorian legal framework and humanitarian immigration of Colombians in Cuenca: Where is the gap?

Abstract

ABSTRACT People escaping from persecution, armed conflict or violence, face different problems in order to address their needs. Likewise, many host communities deny them the fulfilment of their rights and access to opportunities. In this process, the legal framework is extremely important to guarantee refugees and asylum seekers’ human rights. However, written law is not always the same as the law in action. This article analyses to what extent the progressive Ecuadorian legal framework on humanitarian immigration plays a role in the effective access to rights of the refugees and asylum seekers living in Cuenca, from the Capabilities approach. To this end, field research was carried out in this city, including interviews of local actors and governmental officers responsible for applying legal norms, as well as participant observation in local events related to the refuge. The results indicated that the role played by the State with regards to the legitimisation of refugees and asylum seekers and the operationalisation of law is still deficient, thereby, undermining the population’s access to rights and opportunities. Nonetheless, it was found that Cuenca offers the correct conditions to become a regional example of social inclusion for refugees and asylum seekers.