Ecuador

Detains migrants or asylum seekers?

Unknown

Has laws regulating migration-related detention?

Yes

Refugees

61,441

2023

Asylum Applications

9,364

2023

International Migrants

784,787

2020

Population

18,200,000

2023

Overview

Ecuador has been widely lauded for adopting the principle of “universal citizenship” in its 2008 Constitution. However, in recent years, the country seems to have backtracked with respect to its reception of migrants and asylum seekers. Although it is one of the most important countries of refuge in Latin America, hosting tens of thousands of refugees from Colombia, Ecuador has recently sought to narrow the definition of refugee and its asylum recognition rate has plummeted. It has also begun imposing visa restrictions for people from many countries in Asia and Africa. This more restrictive migration environment has appeared to parallel stepped up detention and deportation efforts. During 2010-2011, for instance, authorities conducted massive immigration control operations aimed at rounding up people from Colombia, Cuba, and Pakistan. In 2010, 2,662 non-citizens were reportedly placed in immigration detention, compared to 1,338 in 2008.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

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Ecuador Immigration Detention Profile

Ecuador has had a turbulent recent history with respect to the movement of people across its borders. Since the 1980s, the country has experienced two major waves of emigration to Europe and the United States, which have been spurred by economic crises. Up to two million Ecuadorians live abroad, representing approximately 15 percent of the country’s population.1

At the same time, conflict and poverty in neighbouring countries, as well as Ecuador’s place in the larger global migration phenomenon, have helped make it an increasingly important destination and transit country for migrants and refugees. Between 2001 and 2013, the country’s foreign-born population jumped from roughly 100,000 to 350,000.2 Much of this surge has been linked to the conflict in nearby Colombia, which has forced tens of thousands of refugees across the border.

During the 1990s and early 2000s, the U.S. Coast Guard—using the now-closed U.S. military base in Manta, Ecuador, as an operations centre—intercepted thousands of migrants leaving Ecuadorian shores in smuggling vessels heading north to Central America and Mexico as part of a smuggling route to the United States. In some cases, the U.S. Navy torpedoed and sunk smuggling vessels offshore; in others, boats were towed into ports in Guatemala or Mexico, where migrants were detained by local authorities and then questioned by U.S. immigration officials.3 While most of the people detained in these U.S. operations were from Ecuador or other South American countries, there were reports of tens of thousands of Chinese and other “extra-continentals” transiting Ecuador, which raised concerns in neighbouring countries.4

Amidst this complex migratory situation, Ecuadorian President Rafael Correa has endeavoured to pursue an extremely liberal free-movement policy, which one writer characterizes as one of the “world’s boldest contemporary efforts to reinvent human migration.”5 In 2008, the country adopted a new Constitution that provides “universal citizenship” (ciudadania universal) and explicitly promotes the rights of migrants. In article 416(6) the Constitution advocates for “the principle of universal citizenship, the free movement of all inhabitants of the planet, and the progressive extinction of the status of alien or foreigner as an element to transform the unequal relations between countries, especially those between North and South.” Article 40 recognizes the right to migrate and provides that no one shall be considered illegal because of his or her migratory status.

The following year, in 2009, the U.S. military base in Manta was closed when the Correa government refused to renew the U.S. lease. The closure came after years of public outcry over the base, including for its role in migrant interdiction efforts.6

However, increasing internal and external pressures have spurred the Correa government to roll back some of its more progressive policies. In 2010, the government halted the free circulation of people from several countries in Asia and Africa, requiring them to get tourist visas for the first time since the adoption of the 2008 Constitution. Among the countries affected by this decision were Afghanistan, Bangladesh, Eritrea, Ethiopia, Kenya, Nepal, Nigeria, Pakistan, and Somalia. The decision followed closely on the heels of reports that the influx of South Asians into Ecuador had risen by more than 300 percent between 2008 and 2009. Describing the move, an Ecuadorian migration official said that it was a “humanitarian act aimed at preventing Ecuador from becoming a bridge [to third countries] used by people trafficking gangs.”7

Ecuador has also moved to restrict asylum seekers and refugees. As of 2013, the country’s refugee population numbered nearly 125,000 (although the government only recognized some 55,000 as refugees), making it the Latin American country with the second highest number of refugees (behind Venezuela, with roughly 200,000). The ratio of refugees per 1,000 inhabitants in Ecuador is 7.8, the eighteenth highest in the world.8

In 2012, Ecuador adopted Presidential Decree 1182, which narrowed the scope of who can be considered a refugee and has led to a significant decline in the country’s acceptance rate. According to one account, “Of the 16,952 asylum applications received by Ecuador in 2012, only 1,543 were accepted—a rate of 9.1 percent, which was considerably lower than the previous average acceptance rate of nearly 25 percent. In 2014, almost 15,000 cases were pending, and hundreds of new asylum applications are submitted each month.”9

Ecuador’s more restrictive migration environment has appeared to parallel stepped up detention and deportation efforts. During 2010-2011, for instance, authorities conducted two massive immigration control operations, one targeting Cuban and Colombian populations, and a second Pakistanis. Those arrested during these operations were detained in a number of facilities that were not designated by law or specifically designed for this purpose, including police stations, former prisons, and ad hoc public institutions. According to some reports, among those deported were several asylum seekers and trafficking victims.10

In 2010, 2,662 non-citizens were placed in immigration detention, compared to 1,338 in 2008. According to statistics from the migration police, in 2011 724 people were deported, of whom 63 percent were Colombians and 22.5 percent Peruvians. These two nationalities together accounted for nearly 98 percent of all deportees during 2008-2010.11

Detention Policy

Key norms. Ecuador’s legal framework relevant to the entry and stay of non-citizens appears to contain numerous contradictions. The 2008 Constitution establishes an extremely progressive free-movement regime, as discussed previously in this report. In contrast, the country’s main piece of relevant legislation, the 1971 Migration Act (Ley de Migracion)—which was codified in 2005 and most recently amended in 2012—provides a much more restrictive regime that lacks a human rights perspective and focuses on security and sovereignty.12 

Also of relevance is the 2012 Regulation on the Application of the Right to Asylum (Reglamento para aplicacion en Ecuador del derecho de refugio; also Presidential Decree 1182), which has provisions aimed at protecting asylum seekers from being penalized for irregular entry or stay. According to some observers, the provisions of the Migration Act contradict the non-penalisation clauses in the asylum regulation (see the section on “Asylum Seekers” below). The Regulation also spurred criticisms because it narrowed the definition of refugee, established more restrictive admissibility procedures, and imposed a 15-day limit to submit asylum application.13 

Grounds for detention. The Migration Act does not explicitly list grounds providing for immigration detention. Rather, detention is linked to and triggered by deportation proceedings, which is similar to the detention framework in various other countries (including EgyptMalta, and Morocco).

According to legal scholars, deportation grounds combined with “exclusion” grounds in the legislation make deportation (and thus detention) possible in a variety of different circumstances.14 

The Migration Act provides that police officers of the Migration Service may arrest non-citizens if they appear to have violated any norms that can constitute grounds for deportation (Migration Act, article 20). The law provides four sets of grounds for deportation: 1) unauthorized entry; 2) subject to specific exclusion grounds (see below); 3) being convicted in Ecuador of a criminal offence; and 4) being a criminal suspect who cannot be tried in Ecuador for lack of territorial jurisdiction (Migration Act, article 19).

Grounds for exclusion include, inter alia: 1) previous deportation from Ecuador or another country for reasons that are not political; 2) invalid passport; 3) less than 18 years old, unless accompanied by a legal representative or traveling with guardian’s explicit authorization, authenticated before an Ecuadorian foreign service officer; 4) document fraud when seeking a visa; 6) having assisted in any way the unauthorized entry of another person; 7) suffering from diseases classified as severe, chronic, or infectious, such as tuberculosis, leprosy, or trachoma; and 8) chronic or acute psychosis or disability, except in cases where the person has adequate financial resources to not be a burden oh the state (Migration Act, article 9). In addition, people are can be excluded if they overstay a temporary visa, change migratory category (in practice this refers to migrants working without a proper visa), fail to register at the Foreigners’ Register, among other grounds (Migration Act, articles 10 and 11).15 

Some observers have noted that there is no provision aimed at preventing the detention or deportation of refugees, victims of torture or human trafficking, or non-citizens who have family links with Ecuadorians.16 

There appears to be very little current information about the legal justifications most commonly cited when deciding to place a person in detention during deportation proceedings. However, a scholarly study published in 2008 found that at that time, pre-removal detention was ordered for three main reasons—because a person lacked adequate documents (31 percent); was working without a permit (22 percent); and/or had committed a petty crime or become a public nuisance (31 percent). The study noted the high number of cases in which “other reasons” (32.7 percent) were cited among the reasons. These “other reasons” were related to social problems and, according to the study, appeared to demonstrate that the government was at the time using immigration detention to treat situations that were not strictly related to immigration.17

Deportation measures appear to have first been adopted in 1869, when the government applied extrañamiento (removal) to non-citizens who committed acts threatening the country’s internal and external security. The first laws concerning foreign nationals, adopted in 1886 and 1921, provided that foreigners could be expelled from the territory if they participated in civil dissent or committed morally offensive acts.18 

Asylum seekers. Ecuador is one of the most important countries of refuge in the world, hosting tens of thousands of refugees from neighbouring Colombia. However, while the country’s Constitution frames global migration in human rights terms, it has recently implemented measures aimed at restricting who qualifies as a refugee, as noted earlier in this report.

The Migration Act does not specifically prohibit or provide for the detention of asylum seekers. Article 15 states that Migration Service officers can provisionally admit foreigners applying for political asylum at ports of entry without subjecting them to exclusion grounds. The asylum seekers are to remain under surveillance at the port of entry until the Consular Department of the Ministry of External Relations resolves the case.

Asylum Access Ecuador claims this provision in the Migration Act contradicts the non-penalisation clause provided in the 2012 Regulation on the Application of the Right to Asylum.19 Modelled upon article 31(1) of the 1951 Convention relating to the Status of Refugees, article 12 of the 2012 asylum regulation establishes that no administrative sanctions are to be imposed for irregular entry or stay of persons in need of international protection coming directly from territory where their life, liberty, integrity, or security are threatened and when they present themselves to authorities within 15 days upon the arrival. In cases where administrative proceedings related to irregular entry or stay of a person claiming refugee status have already started, these proceedings are to be suspended until final decision is adopted. If refugee status is denied, criminal and/or administrative proceedings resume; if the refugee status is granted, these proceedings stop (Regulation on the application of the right to asylum, article 13).

According to the International Detention Coalition, although asylum seekers are sometimes detained, penal sanctions for using false documents are not systematically applied.20 

Length of detention. As the Migration Act does not specifically provide grounds for detention it also does not set a maximum permissible length of detention. Non-citizens are apparently intended to remain in detention until deportation is carried out or the person is released. If a deportation order cannot be completed, a criminal judge is to replace detention with alternative measures, which are set out in the Code of Criminal Procedure (see below “Non-custodial measures”).

If a person cannot be deported within three years of an order being made, the person is to be regularised (Migration Act, article 31). However, according to Asylum Access Ecuador, there are no specific procedures applying in such circumstances and no cases of persons detained for three years have been reported.21 

A source in Ecuador told the GDP that in practice detention takes up to six months.22  According to the IDC, Colombians, who are often detained in the areas close to the border, are detained for up to five days generally. People from other continents tend to be detained for between 20 days and seven months.23 

Procedural guarantees. Because detention is intrinsically linked to deportation, detention-related procedural protections stem from the rules governing deportation proceedings. Most of the safeguards are provided in the Code of Criminal Procedure, which applies to immigration detention and deportation proceedings.

When a non-citizen is arrested for the purpose of his deportation, police officers of the Migration Service shall bring him immediately before the judge of contraventions of the province where the arrest was made (Migration Act, article 20). This is to take place within 24 hours of the arrest. Pursuant to articles 164-166 of the Code of Criminal Procedure, everyone who is arrested shall know the reasons for detention, as well as the identity of officers who carry out the arrest and questioning. However, there have reportedly been instances where migrants were detained without being informed about the reasons for their detention.24 

Before starting deportation proceedings, the judge of contraventions requests a criminal judge to apply preventive detention in line with the Code of Criminal Procedure (Migration Act, article 24). Under article 172 of the Code, the detainee can appeal against preventive detention to a superior authority. However, observers have criticized this provision for not being clear and argued that in practice the review is more often than not carried out by the same judge who imposed deprivation of liberty.25 

Within 24 hours of the deportation proceedings, the judge of contraventions is to announce a deportation hearing to take place within 24 hours. Civil society organizations have found that 48 hours is not sufficient time to prepare one’s defence, which violates the right to defence.26 In 2008, observers noted that hearings took place only in 89 percent of cases. Moreover, when a deportation concerned a group of migrants, proceedings were conducted collectively.27 

Deportation hearings are to be attended by the prosecutor, the person subject to the sanction, and a counsel appointed by the state, if the detainee does not already have one (Migration Act, article 25). Ecuador and Argentina are among the few Latin American countries that offer legal representation to persons who do not have means to afford it.28 However, reportedly, often detainees meet the public legal counsel only at the hearing, although they ask for the meeting beforehand.29 In 2008, only in 12 percent of the cases reviewed by scholars, the counsel did formulate arguments in favour of the deportee, relying on his visa or family links. In 2007, there were even cases reported where state-appointed counsel did not attend the hearing and signed the documents certifying his presence a posteriori.30 

During his July 2014 visit to the Carrion Hotel detention centre, the Ombudsman received complaints from the majority of detainees about lack of information about deportation proceedings applicable to them or legal aid. Some detainees were supposedly not informed about hearings or informed too late to prepare the hearing.31 

Although laid down in article 13 of the Code of the Criminal Procedure, the state does not provide interpretation and translation such services. The civil society organizations reported cases where migrants who did not speak Spanish were not afforded interpreters.32 

Within 48 hours following the deportation hearing, the judge of contraventions should decide whether or not to order deportation. If he refuses deportation, the Interior Ministry must still validate this decision. If the Ministry agrees with the judge’s decision, the detainee is released. In the contrary case, a deportation order is issued (Migration Act, article 30). In 2008, some scholars noted that in 68 percent of the cases they reviewed deportation was ordered, while in 28 percent it was denied.33 

The Migration Act provides for a possibility to appeal a deportation order, however not directly decision regarding detention (Migration Act, article 30). People slated for deportation frequently stay in detention until deportation, without review of the legality or the length of detention.34 In 2008, some scholars noted that out of 62 decisions to deport that they reviewed, none was challenged by the deportee. The Migration Act does not provide for compensation for arbitrary detention.35 

In 2010, the UN Committee on Migrant Workers expressed concern regarding the number of reported cases of arbitrary detention and failure to appoint an interpreter.36 

Minors. The Migration Act does not contain child-specific provisions relevant to the issue of detention. In practice, unaccompanied minors are not officially detained when they are taken into custody by a section of the police that specializes in prevention, intervention, and capacitation with respect to children (DINAPEN - Dirección Nacional de Policía Especializada para Niños, Niñas y Adolescentes).37 

Based on the information received by the GDP, DINAPEN does not have a particular place to hold unaccompanied minors in custody for any length of time. At maximum, DINAPEN keeps minors at its offices for some hours while it attempts to locate family members or close friends, who can take charge of the child. If no one is identified who could take care of the child, DINAPEN coordinates with Ministry of Economic and Social Inclusion and the office of public prosecutor to undertake emergency measures to guarantee that the minor is admitted to a shelter. These emergency measures are not meant to exceed 72 hours, after which UNHCR or NGOs tend to be in charge of the minor. UNHCR usually attempts to place the minor in a foster home while NGOs rent in flat. Once the minor is accommodated in a shelter, DINAPEN coordinates with the Exterior Ministry, Interior Ministry, and UNHCR to determine the situation in the child’s country of origin and with the consulates to trace the families and organize repatriation.38 

The GDP received contradictory information concerning the disposition of children apprehended with their parents. One human rights advocate stated that families are generally released and accorded alternatives to detention.39According to the Public Defender Office, aside from exceptional cases, families are not detained. Rather, they are separated, sometimes with the father placed in detention while mothers and children are released.40 On the other hand, according to DINAPEN, families are not separated but rather are placed together in Hotel Carrion even though this detention facility does not appear to have a section dedicated for the holding family units.41 

Non-custodial measures. Under article 31 of the Migration Act, if expulsion cannot be executed because the non-citizen is a stateless person, lacks identity documents, or other has an reasonable explanation for his/her status, a judge of contraventions can request a criminal judge to replace detention with alternatives measures set out in the Code of Criminal Procedure. Also the Public Defender and lawyers may request application of non-custodial measures. Article 171 of the Code enumerates alternative measures to preventive detention, such as a house arrest with the supervision by the police, periodic reporting, and geographical restrictions. In practice, however, immigration detention is applied as rule in all deportation cases, while non-custodial measures are applied only exceptionally.42 

Criminalisation. Article 37 of the Migration Act sets out penal sanctions for violations of its provisions, which are regulated by the Code of Criminal Procedure. Accordingly, the article lists several states-related infractions, which can be punishable with imprisonment and/or fine. Among the relevant infractions are entering or attempting to re-enter the country without authorization after having been deported, which can be punishable with imprisonment for up to three years and a fine of up to 4,000 USD.

Detention Infrastructure

The Migration Act does not specifically state where immigration detainees should be confined.43 In practice, they are detained at a rehabbed hotel called Hotel Carrion in Quito or at “provisional detention centres” (Centros de Detención Provisional) across the country. In addition, non-citizens whose entry into the country is denied can be detained at the Quito airport.44

Over the past few years, detention sites in Quito have undergone several changes. Until 2010 migrants were detained in Migration Police cells. In 2010, the UN Committee on Migrant Workers expressed concern that the detention of people in an irregular situation took place in prisons for ordinary offences or in pretrial detention centres that are overcrowded and in poor condition, without access to basic social services. The Committee recommended that Ecuador adopt measures to improve conditions in temporary detention centres so that they are not the same as prisons, and that men and women be separated. It also urged the country to ensure the provision of basic social services, including food, health care and hygienic conditions, and to expedite deportation procedures.45 

In January 2011, the Ministry of Interior rented a hotel in the centre of Quito called Hotel Hernan (Albergue Temporal de Detenciones). Hotel Hernan was used until January 2013, when, again faced with criticism, the government decided to rent another hotel for holding migrants, Hotel Carrión in the north of Quito, which remains in use as of 2015.46 

Hotel Carrion (officially known as the Centro de Acogida Temporal) appears to be the only long-term dedicated immigration detention used in Ecuador. Although it is a former hotel, it does not appear to have an ad-hoc character. Following rehab work, the facility is administratively and structurally designed to serve immigration detention purposes. The Interior Ministry also installed electrified fences, guard posts, and a closed-circuit video system. The GDP characterizes Hotel Carrion as a dedicated immigration detention centre.47 

Located in the city centre, the four-floor Hotel Carrion has a capacity of 52, with 20 places reserved for women. In June 2014, the Ombudsman (Defensoria del Pueblo), in its capacity as the National Preventive Mechanism, visited Hotel Carrion. At the time of the visit, the centre confined 33 non-citizens, 23 men and 10 women. As observed by the Ombudsman, the centre has two zones, for men and women, respectively, and men and women have different hours for activities, including visits and meals. Thus they have no physical contact. Cells in both the women’s and men’s areas have the capacity of two to four persons. In each zone, there is a bathroom with hot water, WC, and shower. There is also a recreation space with TV and sofas. The Ombudsman found that the building and furniture were in a good state of repair.48 

On the other hand, the Ombudsman was concerned at the lack of recreational activities for detainees. Upon admission to the centre, detainees receive only a bar of soap and a roll of toilet paper. On the positive side, unlike in other countries researched by the GDP, such as Libya, detainees are permitted to use mobile phones. However the Ombudsman’s report does not detail whether they had realistic opportunity to buy telephone cards.49 

As of 2013 the centre employed eight administrative staff members and eight police officers.50 However, during its 2014 visit, the Ombudsman found that the administrative team was made up of nine persons, including an administrator, coordinator, secretary, driver, two administrative officers, two lawyers, and a psychologist. On the other hand, the centre employed four police officers, including one female.51 

There is no doctor or nurse permanently at the centre. Medical assistance is coordinated with a local medical centre. Detainees have access to psychological assistance provided by the Interior Ministry, which raises questions about the independence of this service. The majority of detainees interviewed during the visit stressed that they did not receive information about deportation proceedings applicable to them or legal aid. Some detainees were supposedly not informed about hearings or informed shortly before what made it impossible to prepare the hearing.52 

In the course of 2013, 424 non-citizens were confined in the centre, of whom 229 were deported. The remaining detainees were either released or granted alternatives to detention.53 

When non-citizens are apprehended outside Quito, they are detained at provisional detention centres (CDP), which are located across the country. The CDPs are pre-trial detention centres; there are no sentenced people held in these facilities. Under the GDP classification of immigration detention facilities, the provisional detention centres are coded as police stations. Often, immigration detainees are transferred from the CDPs to Hotel Carrion before deportation. Sometimes migrants spend whole their detention period in CDPs, being confined alongside pre-trial detainees.54 

In addition, non-citizens whose entry into the country is denied can be detained at the Mariscal Sucre airport in Quito. The facility is little more than a small waiting room capable of holding up to some seven people at a time. The room reportedly has no furniture, including no chairs or tables.  The Ombudsman visited the facility in January 2012 and found 10 persons detained there, of whom some had been there for longer than 24 hours.56 According to the office of the Public Defender a case was reported of a person detained there for 25 days.57 

According to the information collected by the IDC, independent monitoring of detention centres is sometimes impeded. Like in Mexico, Guatemala, and the Dominican Republic, access to the places of detention may be restricted for human rights organizations who publish the results of their monitoring activities, denounce violations of detainees’ rights, or offer legal assistance. Such organizations may lose temporarily or definitively the access to the places of detention.58 It was pointed out to the GDP that the only two institutions allowed to access Hotel Carrion are the Ombudsman and Public Defender (Defensoria Publica).59

References

  1. Jokisch, Brad D. “Ecuador: From Mass Emigration to Return Migration?” Migration Policy Institute. November 2014.www.migrationpolicy.org/article/ecuador-mass-emigration-return-migration.  
  2. UN Department of Economic and Social Affairs (UNDESA). “International Migration 2013 Wall Chart.”http://www.un.org/en/development/desa/population/publications/migration/migration-wallchart-2013.shtml. Jokisch, Brad D. “Ecuador: From Mass Emigration to Return Migration?” Migration Policy Institute. November 2014.www.migrationpolicy.org/article/ecuador-mass-emigration-return-migration.  
  3. Flynn, Michael. “What’s the deal at Manta?” Bulletin of the Atomic Scientists, vol 61, no 1. 2005.www.globaldetentionproject.org/fileadmin/publications/Flynn_manta.pdf. 
  4. U.S. Embassy in Costa Rica. Confidential Cable from U.S: Embassy in San Nose, Costa, Rica, to U.S. Secretary of States, dated 2008-11-12. Released by Wikileaks. https://www.wikileaks.org/cable/2008/11/08SANJOSE882.html.  
  5. Wheeler, William. “How Not to Design a World Without Borders.” The Atlantic. 21 July 2014.www.theatlantic.com/international/archive/2014/07/how-not-to-design-a-world-without-borders/374563/. 
  6. Benassi, Ricardo. “EE.UU. deja la base de Manta.” BBC Mundo. 18 September 2009.www.bbc.co.uk/mundo/america_latina/2009/09/090917_0238_ecuador_manta_rb.shtml. 
  7. Mena Erazo, Paúl. “Ecuador pedirá visa a ciudadanos de nueve países de Asia y África.” BBC Mundo. 7 September 2010.www.bbc.co.uk/mundo/america_latina/2010/09/100907_ecuador_inmigrantes_africa_asia_visa_rg.shtml. 
  8. UN High Commissioner for Refugees (UNHCR). UNHCR Statistical Yearbook 2013. 2014. www.unhcr.org/54cf9bd69.html. UN High Commissioner for Refugees (UNHCR). UNHCR Global Appeal 2014-2015 – Ecuador. 2013. www.unhcr.org/528a0a370.html 
  9. Jokisch, Brad D. “Ecuador: From Mass Emigration to Return Migration?” Migration Policy Institute. November 2014.www.migrationpolicy.org/article/ecuador-mass-emigration-return-migration. 
  10. Benavides Llerena, Gina et al. Migraciones y Derechos Humanos en la Región Andina. Una mirada desde la Sociedad Civil: Informe Regional. Universidad Andina Simón Bolívar. June 2013.  
  11. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013. Arcentales Illescas, Javier. LAS POLÍTICAS DE DEPORTACIÓN EN EL ECUADOR: ANALISIS DESDE UN ENFOQUE DE DERECHOS HUMANOS. PROGRAMA ANDINO DE DERECHOS HUMANOS ESPECIALIZACIÓN SUPERIOR EN DERECHOS HUMANOS. 2012.  
  12. Arcentales Illescas, Javier. LAS POLÍTICAS DE DEPORTACIÓN EN EL ECUADOR: ANALISIS DESDE UN ENFOQUE DE DERECHOS HUMANOS. PROGRAMA ANDINO DE DERECHOS HUMANOS ESPECIALIZACIÓN SUPERIOR EN DERECHOS HUMANOS. 2012. 
  13. Human Rights Watch. Letter to President Correa on Refugee Rights. 20 June 2013 www.hrw.org/news/2013/06/19/ecuador-letter. 
  14. Arcentales Illescas, Javier. LAS POLÍTICAS DE DEPORTACIÓN EN EL ECUADOR: ANALISIS DESDE UN ENFOQUE DE DERECHOS HUMANOS. PROGRAMA ANDINO DE DERECHOS HUMANOS ESPECIALIZACIÓN SUPERIOR EN DERECHOS HUMANOS. 2012. 
  15. Arcentales Illescas, Javier. LAS POLÍTICAS DE DEPORTACIÓN EN EL ECUADOR: ANALISIS DESDE UN ENFOQUE DE DERECHOS HUMANOS. PROGRAMA ANDINO DE DERECHOS HUMANOS ESPECIALIZACIÓN SUPERIOR EN DERECHOS HUMANOS. 2012. 
  16. Arcentales Illescas, Javier. LAS POLÍTICAS DE DEPORTACIÓN EN EL ECUADOR: ANALISIS DESDE UN ENFOQUE DE DERECHOS HUMANOS. PROGRAMA ANDINO DE DERECHOS HUMANOS ESPECIALIZACIÓN SUPERIOR EN DERECHOS HUMANOS. 2012. 
  17. Benavides Llerena, Gina. Procesos de deportación en Ecuador. Programa Andino de Derechos Humanos (PADH). 2008.www.uasb.edu.ec/padh_contenido.php;
  18. Benavides Llerena, Gina. Procesos de deportación en Ecuador. Programa Andino de Derechos Humanos (PADH). 2008.www.uasb.edu.ec/padh_contenido.php;
  19. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013.
  20. International Detention Coalition (IDC). INFORME REGIONAL DETENCIÓN MIGRATORIA Y ALTERNATIVAS A LA DETENCIÓN EN LAS AMÉRICAS. October 2014.  
  21. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013.
  22. Undisclosed source. Email communication between members of civil society organizations and Izabella Majcher (Global Detention Project). May 2015.
  23. International Detention Coalition (IDC). INFORME REGIONAL DETENCIÓN MIGRATORIA Y ALTERNATIVAS A LA DETENCIÓN EN LAS AMÉRICAS. October 2014. 
  24. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013. 
  25. Blanco, Adriana (Asylum Access Ecuador). Additional Information to the Global Detention Project Questionnaire: Ecuador. 20 December 2013.  
  26. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013. 
  27. Benavides Llerena, Gina. Procesos de deportación en Ecuador. Programa Andino de Derechos Humanos (PADH). 2008.www.uasb.edu.ec/padh_contenido.php;
  28. International Detention Coalition (IDC). INFORME REGIONAL DETENCIÓN MIGRATORIA Y ALTERNATIVAS A LA DETENCIÓN EN LAS AMÉRICAS. October 2014. 
  29. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013. 
  30. Benavides Llerena, Gina. Procesos de deportación en Ecuador. Programa Andino de Derechos Humanos (PADH). 2008. 
  31. Dirección Nacional del Mecanismo de Prevención de la Tortura, Tratos Crueles y Degradantes (MNPT). INFORME DE LA VISITA PORMENORIZADA AL CENTRO DE ACOGIDA TEMPORAL PARA CIUDADANOS/AS EXTRANEJROS/AS EN PROCESO DE DEPORTACIÓN “HOTEL CARRIÓN.” July 2014.  
  32. Benavides Llerena, Gina. Procesos de deportación en Ecuador. Programa Andino de Derechos Humanos (PADH). 2008. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013. 
  33. Benavides Llerena, Gina. Procesos de deportación en Ecuador. Programa Andino de Derechos Humanos (PADH). 2008. 
  34. International Detention Coalition (IDC). INFORME REGIONAL DETENCIÓN MIGRATORIA Y ALTERNATIVAS A LA DETENCIÓN EN LAS AMÉRICAS. October 2014. 
  35. Arcentales Illescas, Javier. LAS POLÍTICAS DE DEPORTACIÓN EN EL ECUADOR: ANALISIS DESDE UN ENFOQUE DE DERECHOS HUMANOS. PROGRAMA ANDINO DE DERECHOS HUMANOS ESPECIALIZACIÓN SUPERIOR EN DERECHOS HUMANOS. 2012. 
  36. Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW). Consideration of reports submitted by States parties under article 74 of the Convention: Concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families: Ecuador. CMW /C/ECU/CO/2. OHCHR. 15 December 2010.www.ohchr.org/EN/HRBodies/CMW/Pages/CMWIndex.aspx. 
  37. Blanco, Adriana (Asylum Access Ecuador). Additional Information to the Global Detention Project Questionnaire: Ecuador. 20 December 2013. 
  38. Undisclosed source. Email communication between members of academia and Izabella Majcher (Global Detention Project). May 2015. Undisclosed source. Email communication between members of civil society organizations and Izabella Majcher (Global Detention Project). May 2015.  
  39. Blanco, Adriana (Asylum Access Ecuador). Additional Information to the Global Detention Project Questionnaire: Ecuador. 20 December 2013. 
  40. Undisclosed source. Email communication between members of civil society organizations and Izabella Majcher (Global Detention Project). May 2015.
  41. Undisclosed source. Email communication between members of academia and Izabella Majcher (Global Detention Project). May 2015. 
  42. Undisclosed source. Email communication between members of civil society organizations and Izabella Majcher (Global Detention Project). May 2015.
  43. Arcentales Illescas, Javier. LAS POLÍTICAS DE DEPORTACIÓN EN EL ECUADOR: ANALISIS DESDE UN ENFOQUE DE DERECHOS HUMANOS. PROGRAMA ANDINO DE DERECHOS HUMANOS ESPECIALIZACIÓN SUPERIOR EN DERECHOS HUMANOS. 2012.
  44. International Detention Coalition (IDC). INFORME REGIONAL DETENCIÓN MIGRATORIA Y ALTERNATIVAS A LA DETENCIÓN EN LAS AMÉRICAS. October 2014. Undisclosed source. Email communication between members of civil society organizations and Izabella Majcher (Global Detention Project). May 2015.  
  45. Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW). Consideration of reports submitted by States parties under article 74 of the Convention: Concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families: Ecuador. CMW /C/ECU/CO/2. OHCHR. 15 December 2010.www.ohchr.org/EN/HRBodies/CMW/Pages/CMWIndex.aspx. 
  46. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013. 
  47. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013. Ministerio del Interior. Website. “Respeto a DDHH es prioridad en el Centro de Acogida para extranjeros en situación irregular.” 5 December 2013. www.ministeriointerior.gob.ec/respeto-a-ddhh-es-prioridad-en-el-centro-de-acogida-para-extranjeros-en-situacion-irregular/. 
  48. Dirección Nacional del Mecanismo de Prevención de la Tortura, Tratos Crueles y Degradantes (MNPT). INFORME DE LA VISITA PORMENORIZADA AL CENTRO DE ACOGIDA TEMPORAL PARA CIUDADANOS/AS EXTRANEJROS/AS EN PROCESO DE DEPORTACIÓN “HOTEL CARRIÓN.” July 2014.  
  49. Dirección Nacional del Mecanismo de Prevención de la Tortura, Tratos Crueles y Degradantes (MNPT). INFORME DE LA VISITA PORMENORIZADA AL CENTRO DE ACOGIDA TEMPORAL PARA CIUDADANOS/AS EXTRANEJROS/AS EN PROCESO DE DEPORTACIÓN “HOTEL CARRIÓN.” July 2014.  
  50. Ministerio del Interior. Website. “Respeto a DDHH es prioridad en el Centro de Acogida para extranjeros en situación irregular.” 5 December 2013. www.ministeriointerior.gob.ec/respeto-a-ddhh-es-prioridad-en-el-centro-de-acogida-para-extranjeros-en-situacion-irregular/.  
  51. Dirección Nacional del Mecanismo de Prevención de la Tortura, Tratos Crueles y Degradantes (MNPT). INFORME DE LA VISITA PORMENORIZADA AL CENTRO DE ACOGIDA TEMPORAL PARA CIUDADANOS/AS EXTRANEJROS/AS EN PROCESO DE DEPORTACIÓN “HOTEL CARRIÓN.” July 2014.  
  52. Dirección Nacional del Mecanismo de Prevención de la Tortura, Tratos Crueles y Degradantes (MNPT). INFORME DE LA VISITA PORMENORIZADA AL CENTRO DE ACOGIDA TEMPORAL PARA CIUDADANOS/AS EXTRANEJROS/AS EN PROCESO DE DEPORTACIÓN “HOTEL CARRIÓN.” July 2014.  
  53. Ministerio del Interior. Website. “Respeto a DDHH es prioridad en el Centro de Acogida para extranjeros en situación irregular.” 5 December 2013. www.ministeriointerior.gob.ec/respeto-a-ddhh-es-prioridad-en-el-centro-de-acogida-para-extranjeros-en-situacion-irregular/.  
  54. Ruesen Eva, Adriana Blanco and Karina Sarmiento (Asylum Access Ecuador). Global Detention Project Questionnaire: Ecuador. 15 October 2013. Undisclosed source. Email communication between members of civil society organizations and Izabella Majcher (Global Detention Project). May 2015.  
  55. Undisclosed source. Email communication between members of civil society organizations and Izabella Majcher (Global Detention Project). May 2015.
  56. Defensoria del Pueblo de Ecuador. Pronunciamento N. 003-DPE-DINAPROT-55277-2012. January 2012.  
  57. Undisclosed source. Email communication between members of civil society organizations and Izabella Majcher (Global Detention Project). May 2015.
  58. International Detention Coalition (IDC). INFORME REGIONAL DETENCIÓN MIGRATORIA Y ALTERNATIVAS A LA DETENCIÓN EN LAS AMÉRICAS. October 2014.  
  59. Undisclosed source. Email communication between members of academia and Izabella Majcher (Global Detention Project). May 2015.

DETENTION STATISTICS

Migration Detainee Entries
2,662
2010
2,851
2009
1,338
2008
6,688
2006
3,751
2005
4,564
2004
2,767
2003
640
2002
482
2001
Immigration Detainees as Percentage of Total Migrant population (Year)
0.74
2010

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

Immigration Detention Capacity (Specialised Immigration Facilities Only)
52
2014
Number of Dedicated Immigration Detention Centres
1
2013

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

Number of Voluntary Returns & Deportations (Year)
750
2011
569
2010
1,026
2009
1,507
2008

PRISON DATA

Criminal Prison Population (Year)
26,421
2016
24,722
2013
21,080
2012
11,800
2010
18,218
2007
11,358
2004
7,859
2001
9,439
1998
9,646
1995
7,998
1992
Percentage of Foreign Prisoners (Year)
8.1
2014
7.2
2008
Prison Population Rate (per 100,000 of National Population)
160
2016
173
2013
149
2012
86
2010
136
2007
88
2004
63
2001
79
1998
85
1995
74
1992

POPULATION DATA

Population (Year)
18,200,000
2023
17,600,000
2020
16,144,000
2015
14,900,000
2012
International Migrants (Year)
784,787
2020
381,507
2019
387,500
2015
359,300
2013
International Migrants as Percentage of Population (Year)
4.45
2020
2.4
2015
2.3
2013
Refugees (Year)
61,441
2023
60,125
2022
56,603
2021
104,582
2020
104,560
2019
101,564
2018
92,416
2017
102,848
2016
121,535
2015
123,133
2014
123,824
2012
Ratio of Refugees Per 1000 Inhabitants (Year)
6.28
2016
7.28
2014
7.8
2013
8.25
2012
8.5
2011
Asylum Applications (Year)
9,364
2023
9,754
2022
20,856
2019
5,080
2016
12,090
2012
14,171
2011
Stateless Persons (Year)
0
2022
0
2016
0
2014

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
6,345
2014
5,720
2013
5,425
2012
Remittances to the Country (in USD)
2,524
2014
2,460
2011
Remittances From the Country (in USD)
79
2010
Unemployment Rate
2014
2009
Net Official Development Assistance (ODA) (in Millions USD)
160.4
2014
Human Development Index Ranking (UNDP)
88 (High)
2015
98 (High)
2014
89 (High)
2012
World Bank Rule of Law Index
12 (-0.8)
2012
12 (-0.8)
2011
10 (-0.9)
2010

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Unknown
2022
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2023
Detention-Related Legislation
Ley de Migracion (1971) 2010
1971
Reglamento para aplication en Ecuador del derecho de refugio (2012)
2012
Ley Orgánica de Movilidad Humana (2017)
2017
Reglamento a la Ley Orgánica de Movilidad Humana (2017) 2018
2017
Do Migration Detainees Have Constitutional Guarantees?
Yes (CONSTITUTION OF THE REPUBLIC OF ECUADOR, articles 51 and 75-82) 2008 2008
2008 2011
Additional Legislation
Código de Procedimiento Penal (2010)
2010
Regulations, Standards, Guidelines
Reglamento a la Ley de Extranjeria (1986)
1986
Legal Tradition(s)
Civil law
Federal or Centralised Governing System
Centralized system
2013
Centralised or Decentralised Immigration Authority
Centralized immigration authority
2013

GROUNDS FOR DETENTION

Immigration-Status-Related Grounds
Detention to effect removal
2013
Detention for unauthorised entry or stay
2013
Detention for unauthorized stay resulting from criminal conviction
2013
Detention during the asylum process
2013
Non-Immigration-Status-Related Grounds in Immigration Legislation
Detention on health-related grounds
2013
Criminal Penalties for Immigration-Related Violations
Yes (Yes)
2013
Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
Unauthorized re-entry (1095)
2013
Children & Other Vulnerable Groups
Refugees (Prohibited) No
2015
Asylum seekers (Provided) Yes
2013
Stateless persons (Provided) Yes
2013
Elderly (Prohibited) Yes
2013
Pregnant women (Prohibited) Yes
2013
Victims of trafficking (Not mentioned) Yes
2013
Accompanied minors (Not mentioned)
2013
Unaccompanied minors (Not mentioned) No
2013

LENGTH OF DETENTION

Maximum Length of Administrative Immigration Detention
Number of Days: 1095
2013
Maximum Length in Custody Prior to Detention Order
Number of Days: 1
2013
Maximum Length of Detention at Port of Entry
No Limit
2013

DETENTION INSTITUTIONS

Custodial Authorities
(Ministry of the Interior) Interior or Home Affairs
2013
Apprehending Authorities
Servicio de Migración de la Policía National (Law enforcement, border control and national security)
2013
Detention Facility Management
Police (Governmental)
2014
Police (Governmental)
2013
Formally Designated Detention Estate?
No
2013
Types of Detention Facilities Used in Practice
Immigration detention centre (Administrative)
Transit centre (Administrative)
Police station (Criminal)
2015
Immigration detention centre (Administrative)
Transit centre (Administrative)
Police station (Criminal)
Immigration detention centre (Administrative)
Transit centre (Administrative)
Police station (Criminal)
Immigration detention centre (Administrative)
Transit centre (Administrative)
Police station (Criminal)

PROCEDURAL STANDARDS & SAFEGUARDS

Procedural Standards
Right to legal counsel (Yes) Yes
2013
Access to asylum procedures Yes
2013
Information to detainees (Yes)
2013
Access to consular assistance (Yes)
2013
Access to free interpretation services (Yes) No
2013
Right to appeal the lawfulness of detention (Yes)
2013
Independent review of detention (No) No
2013
Compensation for unlawful detention (No)
2012
Types of Non-Custodial Measures (ATDs) Provided in Law
Home detention (curfew) (Yes) infrequently
2013
Supervised release and/or reporting (Yes) infrequently
2013
Designated regional residence (Yes) infrequently
2013

COSTS & OUTSOURCING

COVID-19 DATA

TRANSPARENCY

MONITORING

Types of Authorised Detention Monitoring Institutions
Ombudsman (National Human Rights Institution (or Ombudsperson) (NHRI))
2014
Ombudsman (OPCAT National Preventive Mechanism (NPM))
2014

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
OP CRC Communications Procedure
2018
2018
OP ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
2010
2010
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2010
2010
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2009
2009
OPCRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities
2008
2008
CRPD, Convention on the Rights of Persons with Disabilities
2008
2008
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2002
2002
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2002
2002
ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
1992
1992
CRC, Convention on the Rights of the Child
1990
1990
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1988
1988
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1981
1981
CRSSP, Convention Relating to the Status of Stateless Persons
1970
1970
ICCPR, International Covenant on Civil and Political Rights
1969
1969
ICESCR, International Covenant on Economic, Social and Cultural Rights
1969
1969
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1969
1969
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1966
1966
VCCR, Vienna Convention on Consular Relations
1965
1965
CRSR, Geneva Convention Relating to the Status of Refugees
1955
1955
Ratio of relevant international treaties ratified
Ratio: 19/19
Individual Complaints Procedures
Acceptance Year
ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 2008 2010
2010
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance, declaration under article 31 2009
2009
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2008
2008
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2002
2002
CAT, declaration under article 22 of the Convention 1988
1988
ICERD, declaration under article 14 of the Convention 1977
1977
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1969
1969
Ratio of Complaints Procedures Accepted
Observation Date
7/7
7/7
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee against Torture Asile et non-refoulement 33... The Committee also remains concerned about the exceptions to the principle of non-refoulement, including the grounds for prohibiting entry to the territory applicable at the borders, provided for in articles 106 and 137 of the 2017 Organic Law on Human Mobility, according to which foreigners who have committed a crime in another country or who threaten or endanger the public safety of the State party can neither access the international protection system nor benefit from an individualized assessment regarding the risk they run of being subjected to acts of torture in the country of return or expulsion... 34 The State party should ensure that no person may be expelled, returned or extradited to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. L’État partie devrait veiller à ce qu’aucune personne ne puisse être expulsée, refoulée ou extradée vers un autre État où il y a des motifs sérieux de croire qu’elle risquerait d’être soumise à la torture. 2024
2024
2024
Committee on the Rights of the Child § 39. "With reference to its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, the Committee recommends that the State party: (a) Adopt legislation and measures to provide specific protection and assistance for migrant, asylum-seeking and refugee children, including unaccompanied and separated children, throughout the refugee determination process; (b) Prevent the return of unaccompanied children at all border entry points, and any form of detention of asylum-seeking children at airports; (c) Ensure prompt enrolment in the civil registry and identification of refugee children; strengthened international, bilateral and regional cooperation; the conduct of awareness-raising and information campaigns on protection mechanisms available to children; and strengthened opportunities for children for a prompt inclusion in society... 44. In the light of article 7 of the Convention, the Committee recommends that the State party guarantee birth registration for all children, including those that are or belong to migrant or asylum-seeking families, and that it is free of charge... 67. that the State party adopt legislative or other measures to protect asylum-seeking and refugee children, in particular those who are unaccompanied or separated r) take into account the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin r) ensuring that asylum-seeking and refugee children have an adequate standard of living, including water and food, as well as access to health-care services and schools without discrimination" 2017
2017
2017
Committee on Migrant Workers 22.The Committee takes note of the information provided by the State party on the closure of the Hotel Carrión temporary reception centre, where migrant workers were held in detention, and notes with satisfaction that the Organic Act on Human Mobility prohibits deprivation of liberty in the context of immigration proceedings. The Committee is concerned, however, about the lack of information on cases of detention of migrant workers and members of their families prior to the enactment of this new law, as well as reported cases of temporary detention at Quito International Airport. 23. The Committee recommends that the State party take the necessary measures to ensure full compliance with the legislative prohibition of deprivation of liberty for migration-related reasons. The Committee recommends that the State party carry out a thorough investigation in order to detect possible cases of arbitrary detention predating the above-mentioned reform and, should such cases come to light, that it establish accountability and provide adequate reparation. The Committee urges the State party to ensure that, in procedures for admission and entry at airports, the non-detention principle is observed and access to the Ombudsman’s Office and public defender services is guaranteed in the context of these procedures. 26.The Committee is also concerned by reports about the detention and collective deportation of a group of more than 100 Cuban nationals, which reportedly included children, adolescents and older persons, in July 2016. The Committee is concerned as well about reports that these individuals were not given access to an effective remedy with suspensive effect or the opportunity to challenge the decision, as guaranteed by the Convention. It is noteworthy that judicial release orders in this case were revoked by the executive branch. 27. The Committee recommends that the State party carry out a thorough and independent investigation with a view to identifying human rights violations, establishing accountability and providing reparation in accordance with the Convention and other human rights instruments. The Committee urges the State party to disseminate information on the findings of that investigation and the measures taken pursuant thereto. 2017
2017
2017
Committee on Migrant Workers § 32: The Committee recommends that the State party should adopt measures to improve conditions in temporary detention centres so that they are not the same as prisons, and that men and women should be duly separated. It also recommends that the State party should ensure the provision of basic social services, including food, health care and hygienic conditions, and encourages the State party to expedite exit procedures. 2010
2010
2010
Committee on Migrant Workers 23. The Committee notes that the State party seeks to ensure that migrant workers and members of their families detained for violation of provisions relating to migration are held separately from convicted persons or persons detained pending trial. However, it is concerned that, due to the limited number of separated places of detention available, this right is not always guaranteed in practice, especially in isolated or sparsely populated areas of the country. 24. The Committee recommends that the State party ensure that migrants or members of their families detained for violation of provisions relating to migration are deprived of their liberty for as short a time as possible and continue to take steps to guarantee that they be held, in so far as practicable, separately from convicted persons or persons detained pending trial, in accordance with article 17 (3) of the Convention. 2007
2007
2007

> UN Special Procedures

Visits by Special Procedures of the UN Human Rights Council
Year of Visit
Observation Date
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 2019
2019
2019
Special Rapporteur on extrajudicial, summary or arbitrary executions 2010
2010
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 2007
2007
Working Group on arbitrary detention 2006
2006
Special Rapporteur on the human rights of migrants 2001
2001

> UN Universal Periodic Review

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
No 2008
2017
No 2017
2017
No 2012

> Global Compact for Migration (GCM)

GCM Resolution Endorsement
Observation Date
2018

> Global Compact on Refugees (GCR)

GCR Resolution Endorsement
Observation Date
2018

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ACHR, American Convention on Human Rights 1977
1977
APACHR, Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights 1993
1993
CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1995
1995
IACPPT, Inter-American Convention to Prevent and Punish Torture 1999
1999
IACFDP, Inter-American convention on Forced Disappearance of Persons 2006
2006

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19

Country Updates
While the number of confirmed Covid-19 cases has exploded in Brazil, Ecuador has experienced the region’s highest number of deaths per capita and the country has introduced strict containment measures - including curfews between 2pm and 5am, and heavy fines for quarantine violations. Having closed its land borders, the government launched a military operation in coordination with the Colombian military to monitor the border and to prevent irregular border crossings. Ecuador was hosting at least 330,000 Venezuelan migrants and asylum seekers by the end of 2016, although the real numbers are thought to be considerably higher. In the past year, reports of anti-Venezuelan hostility have grown following a January 2019 incident in which an Ecuadorian woman was killed by her Venezuelan boyfriend. In response, President Moreno announced that he would increase patrols in streets and work-places to control the Venezuelan population and increase restrictions on those coming into the country. (The new system requires Venezuelans to be in possession of a valid passport, undergo a consulate interview, and pay a $45 fee.) Reports suggest that during the pandemic, anti-Venezuelan hostility has continued to grow which, coupled with many losing their previously meagre sources of income, has resulted in large numbers seeking to return to Venezuela. Despite the closed border, some migrants are leaving each day. According to the Ecuadorian Red Cross, up to 700 are departing every day, though sometimes much fewer. However, the situation at the border with Columbia has been reported to be critical, with one newspaper reporting that on 1 May, “the [Columbia] police intervened with tear gas to prevent a group of Venezuelan migrants from crossing the Rumichaca International Bridge en masse.” Those who manage to return to Venezuela, meanwhile, face two weeks in government quarantine facilities. Information regarding the facilities is scarce, with NGOs denied access, but some migrant testimonies have painted a stark picture: schools and other similar facilities converted into quarantine centres holding hundreds of migrants at once, insufficient food and water provisions, and abuse from guards. According to the Ministry of Health, as of 20 April 22 Venezuelans in Ecuador had tested positive, but most believe this to be an under-estimate. Although those who remain in Ecuador can access health care without documentation, one researcher commented that doctors must choose who to prioritise and in the current climate, they may place Ecuadorian nationals first. The Ministry of Economic and Social Inclusion is providing a pandemic aid package to the most vulnerable, which includes food and some legal services as well as emergency grants of $60 to families whose monthly income is less than $400, and the government has opened shelters to house the country’s homeless. But such assistance has not been aimed at the migrant community. Moreno also announced the creation of a fund, the National Humanitarian Emergency Fund (Cuenta Nacional de Emergencia Humanitaria), to which all companies that generate income of more than US$1 million must contribute 5 percent of their profits in three monthly payments. However, the initiative was firmly rejected by both the industry and the country’s union sector. In addition, the government announced that a series of legal provisions would be enacted that would prevent the eviction of families for non-payment of rent while the state of emergency lasts and for 60 days after it ends. The Ecuadorian Red Cross reports that it is providing support to migrants and refugees in the country, including distributing hygiene kits and food. On 18 April, a prisoner died from Covid-19 in the temporary detention centre of El Inca in Quito, which currently holds 1,400 prisoners. In addition, three staff members employed in the same prison were diagnosed with Covid-19 and subsequently placed in isolation.
Did the country release immigration detainees as a result of the pandemic?
Unknown
2021
Did the country use legal "alternatives to detention" as part of pandemic detention releases?
Unknown
2021
Did the country Temporarily Cease or Restrict Issuing Detention Orders?
Unknown
2021
Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
Unknown (Unknown) Unknown Unknown Unknown
2021
Did the Country Lock-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Unknown
2021
Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2021
Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
Unknown
2021
Did the Country Release People from Criminal Prisons During the Pandemic?
Yes
2020
Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2021
Did the Country Restrict Access to Asylum Procedures?
Unknown
2021
Did the Country Commence a National Vaccination Campaign?
Yes
2021
Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
Unknown (Included) Unknown Unknown Unknown
2021