Human Rights Watch Supports Action in Constitutional Court Ecuador Asylum Decree
June 16, 2014 HolaCiudad! - The organization Human Rights Watch (HRW) today presented a paper before the Constitutional Court of Ecuador by supporting the use of two organizations of the court in order to get a decree regulating the granting of asylum in the country is invalidated, the bank said in U.S.
HRW supported the action in the Constitutional Court against a decree Ecuador asylum
The organization Human Rights Watch (HRW) today presented a paper before the Constitutional Court of Ecuador by supporting the use of two organizations of the court in order to get a decree regulating the granting of asylum in the country is invalidated, the bank said in U.S.
After more than two years asking for the revocation of Executive Order 1182, adopted on May 30, 2012, considering "that contains provisions that violate fundamental rights of refugees under international law," HRW Monday joined the campaign against that rule in the Ecuadorian courts.
HRW filed with the Constitutional Court of Ecuador a 'memorial amicus curiae "along with Clinic Genocide and Human Rights of the Benjamin N. Cardozo School of Law, which asserts that the decree violates" international legal obligations Ecuador to protect refugees and asylum seekers. "
"Ecuador should provide refugees a reasonable opportunity to apply for asylum. Ecuador has obligations towards refugees, set in its own laws and international law, and must be fulfilled," he said in a statement José Miguel Vivanco, Americas director HRW.
The document "amicus curiae" seeks to support the action started in 2012 before the Constitutional Court by the NGO Asylum Access Ecuador and the Legal Clinic of the Universidad San Francisco de Quito, who "objected to the constitutionality of several articles of the decree," according HRW.
The document presented by HRW argues that the decree "violates" rights such as "seek asylum and the principle of non-refoulement," despite "the requirement in international law that nobody is sent back to countries where they could be tortured or persecuted. "
"The presidential decree imposes short and inflexible procedural deadlines difficult or impossible directly, that asylum seekers call for recognition of refugee status and, if necessary, appeal adverse determinations with respect to such condition," HRW claimed.
In addition, the decree "provides a standard of admissibility demanding" to consider applications for asylum, "gives officials broad discretion to exclude asylum seekers from the process in question and gives excessively broad powers to the authorities to revoke refugee status "he added.
According to HRW, the decree includes "inconsistent" procedures with guidelines adopted by the United Nations High Commissioner for Refugees, and its implementation can "violate Ecuador's obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol ", and the Cartagena Declaration on Refugees of 1981.