Incidencia de las leyes y políticas migratorias de Colombia y Ecuador desde el enfoque de la migración transnacional en el acceso a los derechos : víctimas del conflicto armado en Sucumbíos, Ecuador

Resumen

The north frontier of Ecuador is composed of three provinces: Esmeraldas, Carchi and Sucumbios. Historically, this last province has received the greatest number of asylum requests. Sucumbios, shares a borderline with the Putumayo department, a strategic passage used by several illegal armed groups to transport different war elements used in Colombia. However, this place is also shelter of some Colombian forced migrants that have family bonds and ethnical and cultural links to both sides of the border (Montufar, 2003, cited in Gonzalez, 2015). Several studies exhibit that the humanitarian situation of Colombians in Ecuador is alarming. Due to the inadequacy of the public services, they are unable to have access to their basic human rights. On the other hand, these same Colombian forced migrants, that are victims of the armed conflict, have the right to access the support measures and full reparation of the Law 1448 of 2011. Despite of this recognition, during the first years of the implementation of this law, several fails have been seen abroad, making it difficult for the victims to fully take advantage of the support measures. This prospect reveals that despite the several national and international legal instruments that have been signed and ratified by both States, the access and guarantee of their rights are not being given because these States still believe that the migrants and migratory policies should be seen from a national point of view, not recognizing the transnational bonds that are given by the geographical proximity, family networks and cultural practices.