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Ecuador Streamlines Refugee Registration Process

June 24, 2009

EXECUTIVE SUMMARY OF JRS ECUADOR
REPORT ON ENHANCED REGISTRATION

Introduction

The Enhanced Registration Initiative was created by the government of Ecuador in coordination with UNHCR in response to a) the large number of refugees living in the shadows along the northern border as a result of the absence of state entities or response teams in the area; and b) the inefficacy of the current system for determining refugee status.   

The purpose of this initiative is a) the implementation along the northern border of a more efficient system of interviewing refugees and adjudicating refugee applications; b) the extension of access to registration previously unreached by the General Directorate of Refugees (DGR); and c) a heightened focus on those situational challenges arising from the ongoing internal conflict in Colombia.  

In practice, Enhanced Registration widens the scope of eligibility criteria used in the regular process of determining refugee status, and incorporates specific staff members for each phase and function of the determination process (record-keepers, counselors, interviewers, the eligibility Commission, etc.) to minimize the possibility of arbitrary determinations by functionaries of DGR registration teams.

Enhanced Registration has finally begun in the city of Muisne in the province of Esmeraldas, and is estimated to last at least eleven months.  It will unfold in various cities throughout Esmeraldas, Sucumbios, Orellana, Carchi, and Imbabura (Ecuador’s northern border provinces).  Ultimately, the Enhanced Registration initiative hopes to register 50,000 persons living as refugees in Ecuador.

Development of Oversight Teams

Two members of the JRMS-Ecuador oversight team are present each week during legal assessment of applicants/recognized persons and in civilian representation within the Eligibility Commission.  Each oversight team must present direct feedback through reports, correspondence, and meetings with the Enhanced Registration Coordinator and other related authorities.  After the work of a team is complete, it must create a report for the central JRMS-Ecuador office and articulate follow-up recommendations and instructions for subsequent teams.

JRMS-Ecuador plans to continue its oversight over the coming months until the process of Enhanced Registration is complete.  Additionally, our political advocacy team is working on various issues that have been identified by the oversight teams and within the Enhanced Registration initiative.  These advocacy efforts seek reforms that will lead to a more integrated policy with respect to refugees.

General Assessments and Highlighted Points

The process of Enhanced Registration is perhaps the only measure initiated by the Ecuadorian government to implement the “Politica de Refugio” (the Correa Administration’s refugee policy made public in September 2008).  Public policies and legal remedies for foreign persons in Ecuador are essential, in particular those policies that incorporate government institutions in the process of guaranteeing the registration, integration and protection of refugees.

We believe that the criteria and procedures that have been implemented during this Enhanced Registration process should be instituted throughout the Ecuadorian refugee recognition system to reform the current guidelines regarding refugees and Refugee Status Determination.  The current refugee process in Ecuador is undoubtedly in need of reform, as it has left unregistered at least 135,000 refugees, most especially those Colombians in the Northern provinces who are the current objective of the Enhanced Registration process.  Gaps in the current system have given rise to arbitrary actions, substantial judicial and administrative errors, and adverse but baseless determinations, thus the Ecuadorian asylum system would benefit from many of the tools and guidelines specifically crafted for this year’s Enhanced Registration process.

Generally, the structure of the Enhanced Registration program—initial orientation, registration, interview and final orientation—is sound, guaranteeing the most efficient analyses and results.  Additionally, despite initial logistical issues, the work of DGR interviewers, registrars, coordinators and counselors has largely been fluid and organized.  Nevertheless, the Enhanced Registration initiative must continue to apply strong corrective measures to guarantee the best possible results and procedural quality, address the shortcomings of the current Ecuadorian asylum and protection system for refugees within Ecuador, and to lay the foundation for a necessary normative and institutional restructuring.

In the following pages we will highlight various points with regards the Enhanced Registration process that should be addressed to further strengthen this important initiative:

Challenge: There is evidence of a decline in the quality of work produced by interviewers, principally in diminished writing quality, testimonial errors, and lack of comprehensiveness in interviews.  In addition, there is some concern about the degree of discretion used by DGR representatives in instructing interviewers—instructions that sometimes run contrary to the letter of the procedural manual as well as the spirit of the initiative.
Recommendation: An appropriate amount of time dedicated each week to honing these skills would do much to supplement the advances already made by staff members in terms of experiential learning.  In addition, strict adherence to the recognition criteria outlined by the Enhanced Registration manual will help to eliminate any confusion or inequitable practices generated by discretionary instructions from some DGR representatives.

Challenge: Burdensome work schedules, exposure to the elements, precarious security and the intensity of the work itself has taken a high physical and emotional toll on the Enhanced Registration team.  Such pressures, if left unaddressed, can lead to the erosion of the quality of work as well as long-term problems with staff retention, the latter of which can translate into the loss of resources, human capital, and acquired staff experience and knowledge. The health and security of staff members working on the border is of the utmost importance.  
Recommendation: At this time, no provisions exists for the “decompression” of team members—that is, no official measures have been taken to account for the physical and emotional impact of the work, such as planned rest periods or leisure activities.  The implementation of such measures as well as general vigilance in safeguarding the well-being of the registration teams will help guarantee both healthy personnel members and the long-term success of the initiative.  

Challenge: The demand for assessment and registration has surpassed expectations, particularly the large number of applicants arriving at Enhanced Registration stations from regions other than those initially targeted in the planning stages.  Consequently, waiting periods have become very long for applicants, many of whom endure harsh climatic conditions, insufficient or non-existent housing, and inadequate medical attention.  
Recommendation: The coordination of assistance from the Red Cross or civil defense members several days in advance of the arrival of applicants, particularly for young children, pregnant women, the elderly, and disabled or otherwise vulnerable individuals, is essential to the health and safety of registrants and the success of the program as a whole.  In the event that such aid groups cannot be recruited, we should explore the possibility of attracting volunteers to provide such assistance.  In addition, access to or development of infrastructure to house an average of 120 persons per day will protect applicants from passing the night in the streets or in improvised shelters.

Challenge: The lack of dissemination of reliable information about Enhanced Registration has given rise to speculation and misinformation with regards to the initiative.  Additionally, most registrants lack access to important information regarding the rights of foreign persons in Ecuador.
Recommendation: The dissemination of clear information to intended beneficiaries of the Enhanced Registration regarding the designation of refugees, the purpose of the program, and dates and places where registration teams will be sent can impede the spread of rumors and misinformation as well as allay concerns within the general populace with respect to the nature of the program itself.  The use of news media outlets, which until now have offered little coverage the program, may be of particular use in this regard.  In addition, during waiting times for applicants, information can be offered concerning the rights of foreign persons in Ecuador, through videos (if possible), talks or workshops.  More broadly, a successful communication program regarding the program can assist in creating a paradigm shift with regards to the local attitudes towards the rights of refugees and the necessity of intercultural fellowship.

Challenge: The policies and guidelines of Enhanced Registration often do not align with those of the general refugee registration process in Ecuador.  
Recommendation: The application of Enhanced Registration recognition criteria to the general refugee registration process will help to relieve the workload of Enhanced Registration teams by diverting applicants to normal channels for registration, and establish a program of effective, consistent and coherent treatment for the hundreds of thousands of person living as refugees on the border.

Challenge: The prohibitively high cost of family-based visas, along with a general lack of information regarding application requirements, has led to an increase in the number of Enhanced Registration applicants for refugee status.
Recommendation: A reduction in the cost of family-based visas and the clarification of regulations and procedures for potential applicants would reduce the workload of the Enhanced Registration initiative and address the numerous cases of foreign persons currently living in irregular immigration status within the grey zone.  

Challenge: The Ecuadoran migration police have been cooperative and diligent in assisting with efforts to meet the demand of recognized refugees who wish to be included in the census.  Nevertheless, due to a lack of resources, they are often unable to remain in the Enhanced Registration work zones during registration periods.
Recommendation: More resources, support staff and team members for the migration police will make their assistance more effective in meeting the demands of the census.

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