A/66/44
of refugee status for tens of thousands of Colombians in the most remote border areas. The
Committee notes with concern, however, the content of Executive Decree No. 1471 of 3
December 2008, establishing as a requirement for the entry of Colombian citizens to
Ecuadorian territory the presentation of a certificate of good conduct or “criminal record”,
issued by the Department of National Security (DAS), the intelligence agency which comes
under the authority of the executive branch of the Colombian Government. The
discriminatory nature of this requirement has been pointed out by the Office of the
Ombudsman, as well as by several international organizations, and was partially amended
by Executive Decree No. 1522 of 7 January 2009, which excluded from the requirement
minors, refugees legally recognized by Ecuador, air crews, governmental or local
authorities, diplomats and members of international organizations. The Committee
considers that obliging asylum-seekers to meet this requirement would force many persons
in need of international protection to place their security at risk (art. 3).
Considering the considerable increase in the number of asylum-seekers in Ecuador in
recent years, the Committee recommends that the State party:
(a)
Pursue its efforts in conjunction with the Office of the United Nations
High Commissioner for Refugees (UNHCR) to identify and protect refugees and
asylum-seekers;
(b)
Examine the conformity of the current legislation on asylum and
immigration with the norms and principles of international human rights law, in
particular the principle of non-discrimination. The State party should consider
withdrawing the requirement for the submission of “criminal records” with asylum
applications, which in the opinion of the Committee violates the principles of nonrefoulement and confidentiality with respect to the rights of refugees.
Abuse and refoulement of asylum-seekers and refugees
(14) The Committee notes with great concern the deterioration in the situation on the
northern border with Colombia stemming from the domestic conflict in that neighbouring
country and the presence of groups involved in organized crime, as a result of which the
State party has stepped up its military presence in the area. While it appreciates the serious
difficulties the State party has to deal with in order to preserve public order in provinces on
the border, the Committee is deeply concerned about the reports received of continual
abuses and acts of violence against the civilian population, and in particular asylum-seekers
and refugees of Colombian nationality, committed by illegal armed groups and members of
the Ecuadorian and Colombian security forces (arts. 1–3, 10 and 16).
The Committee recommends that the State party:
(a)
Adopt the necessary measures to guarantee the physical integrity of the
civilian population in the provinces on the border with Colombia, including the
refugees and asylum-seekers under its jurisdiction;
(b)
Ensure that investigations are carried out into the murders and abuses
committed in this region and that the perpetrators of such acts are brought before the
courts;
(c)
Continue mandatory in-service training programmes on human rights,
asylum and migration for members of the State party’s armed and security forces,
and give priority to those police and military personnel serving or due to serve in
border areas;
(d)
Conduct a periodic review of the contents of the Guide to Human Rights
and Human Mobility for members of the State party’s armed and security forces.
GE.11-45568
35
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