The Law and Practice of the Refugees’ Right to Work in Ecuador

“To have work

is to have life”

Refugees’ experience

with the right to work in Ecuador

2

“To have work is to have life”

Refugees’ experience with the right to work in Ecuador

Quito, June 2011

This report was researched and drafted by Karolien van Teijlingen at Asylum Access Ecuador, a

local office of Asylum Access. It was edited by Asylum Access staff. Asylum Access is a US-

based international nonprofit organization dedicated to making refugee rights a reality in

Africa, Asia and Latin America. We achieve this mission by providing legal information, advice

and representation directly to refugees in their first countries of refuge, and by advocating for

the rights of refugees worldwide.

With special acknowledgements to:

Karina Sarmiento, Anne Davis, María Angustia Muñoz, Daniel Berlin (Asylum Access Ecuador),

Sanjula Weerasinghe, Community Leaders of Esmeraldas, Refugee Education Trust, Hebrew

Immigrant Aid Society, Fundación Ambiente y Sociedad, Defensoría del Pueblo Ecuatoriano and

all interviewees.

3

Table of Contents

EXECUTIVE SUMMARY 4

Key Findings 4

What Asylum Access Ecuador is doing 5

INTRODUCTION 6

LEGAL PROTECTIONS 7

Refugees’ right to work under Ecuadorian law 7

The right to work for asylum seekers 8

Legally-mandated working conditions 9

THE RIGHT TO WORK IN PRACTICE 11

Context: the Ecuadorian economy 11

Obstacles to finding work 13

Working conditions 15

Self employment 17

Insecurity 18

THE IMPORTANCE OF WORK TO REFUGEES 19

REFERENCES 22

In this report, Asylum Access seeks to highlight the experiences of

refugees in Ecuador who have sought to exercise their right to

work, and to provide a forum for refugees to speak in their own

words about the role that employment plays in their lives.

4

Executive Summary

Asylum Access promotes the principle

that the right to work legally – including

self-employment, wage earning

employment, and the ability to choose

one’s occupation and employer – is part

of refugee security and a foundation for

refugee protection generally.

Prohibiting refugees from engaging in

lawful employment makes them more

dependent on humanitarian aid. It also

makes refugees – women and children –

far more likely to be forced into

exploitative forms of labor, quasi-slavery

and survival sex to stay alive.

Refugees who enjoy the right to work

find it essential as a foundation for

rebuilding their lives and restoring their

sense of dignity after escaping violence

and persecution.

Key Findings

 Refugees in Ecuador are explicitly

guaranteed by law the right to work and

to start businesses. This basic protection

allows many refugees to provide for

their families, contribute to the

Ecuadorian economy, and rebuild their

lives after violence and persecution.

 Like many Ecuadorians, refugees

struggle to find work, especially in the

current economic crisis.

 In addition to high unemployment,

many refugees struggle with xenophobia

that makes some employers reluctant to

hire them.

 Some refugees complain that they are

denied labor protections guaranteed by

law.

 Asylum-seekers with pending refugee

cases have difficulty working because

Ecuadorian legislation does not explicitly

provide for their right to work, although

the Constitution protects rights for

“everyone.” This ambiguity is

interpreted restrictively by both

employers and government officials.

5

What Asylum Access Ecuador

is doing

 Asylum Access helped enshrine refugee

rights in the Ecuadorian constitution,

providing a legal basis for refugees’ right

to work.

 Asylum Access provides legal aid to

dozens of refugees each year to help

them access their labor rights. Their

problems include discrimination in the

workplace, non-payment of salaries, and

unlawful firing.

 Asylum Access strives to facilitate

solutions for labor disputes through

non-judicial means as much as possible,

which is typically more effective for

refugees and their employers. Helping

refugees communicate with employers

by letter, accompanying them to a

meeting with their employer, or training

refugees on how to assert their rights to

employers on their own is often

effective at ending workplace disputes

quickly.

 When going to court is necessary, AAE

has an agreement with an Ecuadorian

lawyer to file labor cases to the court on

a pro bono basis. The lawyer has also

trained the AAE staff in Ecuadorian labor

and employment law.

 AAE legal advocates conduct regular

Know Your Rights trainings for refugees,

giving them the knowledge and tools to

assert their own rights.

Fishermen's shelters in San Lorenzo

6

Introduction

Ecuador, one of the smallest countries in South

America, hosts the largest refugee population on

the continent. In December 2010, the country

counted about 54,342 registered refugees and

approximately 25,312 asylum seekers.

1

However,

the actual number of refugees in the country is

likely much higher due to under-registration.

2

Most refugees come from the Colombian border

provinces, a region that is highly affected by

internal armed conflict. It is important to realize

that not all refugees in Ecuador are Colombians; a

small percentage of the refugees in Ecuador come

from Cuba, Nigeria or other countries, fleeing

political persecution or armed conflict.

In 2009, the United Nations placed new emphasis

on the loss of livelihoods suffered by refugees.

The United Nations Development Program stated:

People who flee insecurity and violence

typically see an absolute collapse in their

human development outcomes. …

Beyond continuing insecurity, trying to

earn a decent income is the single

greatest challenge that displaced people

1

According to the information given by the Ministerio de

Relaciones Exteriores, Comercio e Integracion, 31

st

December 2010.

2

According to UNHCR, in Ecuador there are 135,000

persons in need of international protection. Interview with

Deborah Elizondo, UNHCR Country Representative in

Ecuador, 26 Aug. 2010, at

http://www.acnur.org/t3/noticias/noticia/ecuador-acnur-

afronta-desafios-tanto-en-contextos-urbanos-como-

rurales/.

encounter, especially where they lack

identity papers.

3

The right to work should be at the center of

humanitarian policy, even the context of

emergencies. As Dr. Paul Farmer wrote about

post-earthquake reconstruction in Haiti:

Jobs are everything. All humans need

money – they need it to buy food and

water every day. And no matter how

hard the government or the aid industry

tries, people will want for all three things

until they are employed.

4

A first step towards a decent income is the legal

right to work. According to the Constitution of the

Republic of Ecuador,

5

foreigners have the same

3

UN Development Programme, Human Development

Report 2009: Overcoming barriers – Human mobility and

development, 62-63.

4

Paul Farmer, “5 Lessons from Haiti’s Disaster,” Foreign

Policy (Dec. 2010).

5

Articles 9 and 11 of the Constitution guarantee equal rights

for refugees. Article 9 states “Las personas extranjeras que

se encuentren en el territorio ecuatoriano tendrán los

mismos derechos y deberes que las ecuatorianas, de

acuerdo con la Constitución,“ or roughly: “Foreigners in

Ecuadorian territory shall have the same rights and

responsibilities as Ecuadorians, in accordance with the

Constitution.” Article 11 part 2 states “Nadie podría ser

discriminado por razones de etnia, lugar de

nacimiento…condición migratoria…ni por cualquier otra

distinción, personal o colectiva, temporal o permanente,

que tenga por objeto o resultado menoscabar o anular el

reconocimiento, goce o ejercicio de los derechos,” or

roughly: “No one shall be discriminated against for reasons

of ethnicity, place of birth,…migratory status, … nor for any

other distinction, personal or collective, temporary or

permanent, that has the purpose or result of impairing or

nullifying, the recognition, enjoyment or exercise of their

rights.”

7

rights as Ecuadorian citizens, except in the

political sphere. By law, refugees have the right to

engage in paid labor or to start their own

businesses and are protected against exploitation

by the Ecuadorian labor code.

However, in practice these laws do not guarantee

livelihood opportunities and a decent income for

refugees. Refugees still face job discrimination

and limited access to the financial sector. Once

employed, refugees and asylum seekers often

face unacceptable working conditions. In

addition, legislation is vague about whether

asylum seekers with pending applications have

the right to work.

This report aims to provide insight into the

interaction of Ecuador’s legal guarantees of

employment rights with the practical challenges

facing refugees and asylum seekers as they

pursue work in Ecuador. Our goal is to provide a

snapshot of the importance of the right to work in

the lives of refugees. The research is based upon

open interviews with 12 recognised refugees, 3

asylum seekers and 6 NGO representatives and

other stakeholders. It is not a representative

survey, but aims to show the meaning of the right

to work in the lives of individuals interviewed.

Legal Protections

Refugees’ right to work under Ecuadorian law

The Ecuadorian Constitution of 2008 provides the

most important legal foundation for the right to

work in Ecuador. It guarantees that all foreigners

in Ecuador have the same rights and duties as

Ecuadorians,

6

and that work is both a right and a

duty of all people.

7

However the application of this general principle

has been different for recognized refugees than

for asylum seekers. Recognized refugees have had

their legal status formally acknowledged by the

government, while asylum seekers have pending

applications for recognition. Asylum seekers in

Ecuador can wait between 3 months and several

years for their status to be resolved.

The right to work for recognized refugees is

specifically codified in the Regulations of the

Immigration Law (Reglamento a la Ley de

6

Art. 9, Constitution of Ecuador.

7

Art. 33, Constitution of Ecuador.

The Ecuadorian Constitution

of 2008 guarantees that all

foreigners in Ecuador have

the same rights and duties as

Ecuadorians and that work is

both a right and a duty of all

people.

8

Extranjería), Article 42(VII)(a), which states: “The

Ministry of Foreign Affairs authorizes the holder

of a 12-IV [Refugee] visa to engage in paid

employment, without any other requirements.”

This section is quoted on Refugee Identity Cards

issued by the Directorate General of Refugees.

The only legal limit on refugees’ right to work is

that they are prohibited from entering civil

service careers, which are restricted to

Ecuadorian citizens.

8

An informal barrier to

refugee employment is that, despite the clear

language of the Regulations of the Immigration

Law, some employers misinterpret the Labor

Code, believing that refugees, like other

foreigners, must have a work permit as well as a

visa. In response to this problem, the Ministry of

Labor will issue temporary work permits to

refugees upon request.

The right to work for asylum seekers

For asylum seekers, Ecuadorian law is more

ambiguous. No law specifically permits asylum

seekers to work. For instance, Ecuador’s

Immigration Law, which is often applied to

asylum seekers and undocumented persons,

states only that foreigners with immigrant visas,

9

refugee visas

10

or temporary work visas

11

are

permitted to work. The Labor Code says that only

foreigners with those three types of visas can

apply for a work permit.

12

8

Arts. 4, 6, Civil Service and Administrative Career Law.

9

Art. 10, Immigration Law.

10

Art. 42, Regulations of the Immigration Law.

11

Arts. 33, 44 and 47, Regulations of the Immigration Law.

12

Art. 560, Labor Code.

In practice, asylum seekers and undocumented

migrants are not punished for working, but their

employers can still be fined between $400 and

$4000 or imprisoned between 6 months and 3

years for violating the law.

13

This is an indirect

restriction on an asylum seeker’s ability to find

employment.

While the constitution prohibits discrimination

against foreigners based on migratory status, it is

unclear whether this prohibits the government

from restricting people who lack a recognized

legal status from working. This legal ambiguity

puts asylum seekers in a precarious position.

“I would like to get the refugee visa; it

would be good to have documents in

order to change to a better earning job

and to have more possibilities. Because,

without papers, you cannot work. You

can only get jobs that pay 100 or 50 US

Dollar per month.” (Male asylum seeker

in San Lorenzo, 22).

“In restaurants or the palm tree farms,

where they pay you for each sack you fill

… the work is only temporary but they do

not ask for your documents. So, for not

having documents, I am going from one

job to another job. Because getting a

stable or formal job … that is hard

without documents.” (Female asylum

seeker in San Lorenzo, 53)

Many actors within civil society, including the

Ecuadorian Ombudsman Office, Asylum Access,

Hebrew Immigrant Aid Society (HIAS), and others

13

Art. 37(III), Migration Code.

9

believe this situation should change. The right to

work for asylum seekers should be given explicitly

by Ecuadorian law:

“I think asylum seekers should be able to

work. The refugee status determination

process normally takes more than 6

months. It is common sense that asylum

seekers should have access to an income

during that period.” (Patricio Benalcazar,

Ecuadorian Ombudsman Office)

Legally-mandated working conditions

The Ecuadorian Constitution provides that the

state must ensure the right to dignified work.

14

The Labor Code specifies the minimal work

conditions an employer in Ecuador should

provide. For example, a person can work a

maximum of 8 hours per day and 40 hours per

week.

15

Extra hours should not exceed 4 per day

and 12 per week, and should be paid at least 50

percent more than ordinary working hours.

16

14

Art. 33, Constitution of Ecuador.

15

Art. 47, Labor Code.

16

Art. 55, Labor Code.

All workers employed in the private sector should

earn at least the minimum wage

17

which was

established at 240 US Dollars per month for

2010.

18

They also have the right to receive a year-

end bonus equivalent to one month’s salary and a

holiday bonus equivalent to one month of

minimum wage.

19

The labor code also states that

an employee should enjoy a holiday of at least 15

uninterrupted days per year.

20

The Ecuadorian government is currently engaged

in an ambitious campaign to ensure that the right

to dignified work guaranteed by the

Constitution

21

is protected in practice. To ensure

that employers are complying with labor laws, the

Ministry of Labor employs labor inspectors who

visit large employers to ensure compliance, and

receive complaints and manage mediation

sessions involving any employer. All people have

access to Ministry of Labor inspectors, regardless

of their migratory status.

According to Ecuador’s domestic law and its

international treaty obligations, the state must

enforce labor laws in a manner that does not

discriminate based on migratory status.

22

Under

the International Convention on the Protection of

the Rights of All Migrant Workers and Members

17

Art. 117, Labor Code.

18

Reuters (2009) Ecuador eleva salario mínimo en 10 pct a

240 dólares para 2010. Retrieved Nov. 24, 2010

http://www.reuters.com/article/2009/12/31/economia -

ecuador-salario-idARN3124933920091231.

19

Art. 111, Labor Code.

20

Art. 69, Labor Code.

21

Art. 33, Constitution of Ecuador.

22

Art. 11, Constitution of Ecuador.

Asylum seekers in Ecuador

can wait between three

months and several years for

their migratory status to be

resolved.

10

of their Families,

23

and its interpretation by the

Inter-American Court of Human Rights in Advisory

Opinion O/C 18-03, states do not have an

obligation to grant migrants a right to work.

However, once a migrant begins working, with or

without authorization, certain labor protections

regarding the conditions of work attach.

24

Ecuador accepts that once a migrant begins

working, her employer is required to respect

basic employment rights as laid out in the

Labor Code. This means that not only

refugees, but also employed asylum seekers

and undocumented migrants have access to

Labor Inspectors and the Ecuadorian courts to

demand their rights, including back pay,

remuneration for unjust firings, social security

and other benefits.

23

Ratified by Ecuador on July 1, 2003.

24

OC-18/03, Inter-American Court of Human Rights,

paragraph 133. (Sept. 17, 2003).

A refugee fisherman in San Lorenzo

Once a migrant begins to

work in Ecuador, they must

be given basic labor rights

under domestic and

international law, regardless

of status.

11

The Right to Work in

Practice

Refugees in Ecuador face a range of challenges:

 Discrimination based on place of origin and

migratory status;

 Xenophobia and negative stereotypes;

 Difficulties meeting professional

certification requirements;

 Ignorance of the law;

 Lack of access to loans and bank accounts.

Context: the Ecuadorian economy

The right to work does not guarantee

employment. Challenging economic conditions

are likely to be a particular strain on newcomers,

such as refugees, seeking to enter the labor

market. Ecuador is one of the smallest South

American countries and has a total population of

about 14.8 million with a labor force of 4.77

million.

25

The GDP per capita is 7.500 USD, which

ranks the country 126

th

in the world.

26

About 35

percent of the population lives below the poverty

line.

27

The Ecuadorian economy is characterized by a

high unemployment rate, approximately 9.1

percent.

28

On top of that, there is a high level of

25

Central Intelligence Agency (2010) The World Factbook on

Ecuador. Retrieved Nov. 24, 2010 from

https://www.cia.gov/library/publications/the-world-

factbook/geos/ec.html.

26

Id.

27

Id.

28

Id.

underemployment, at 49.6 percent.

29

The

informal sector makes up a large part of the

Ecuadorian economy, with 42.5 percent of the

labor force having an informal job.

30

1. Esmeraldas and San Lorenzo

Eleven of the fifteen interviews of refugees and

asylum seekers were conducted in Esmeraldas

and San Lorenzo. Esmeraldas is the capital of Las

Esmeraldas, a province located on the northeast

coast of Ecuador. In 2001, when the last national

census was taken, the city of Esmeraldas had a

total population of about 158,000, mainly Afro-

Ecuadorian descendents.

31

It is likely that the

population has grown over the last decade. San

Lorenzo is a small coastal town near the border of

Colombia with an estimated population of

15,600.

32

The two cities face different economic situations

than Ecuador generally, due to higher

unemployment and greater reliance on the

informal economy. The coastal region in general

has a higher unemployment rate (11.2 percent)

and a larger informal sector (44.7 percent) than

Ecuador overall.

33

The province of Esmeraldas has

29

Instituto Nacional de Estadísticas y Censo (INEC) (2009)

Indicadores Mercado Laboral Septiembre 2009. Retrieved

Nov. 19, 2010 from:

http://www.inec.gov.ec/web/guest/ecu_est/est_soc/enc_h

og/enc_emp_sub

30

Id.

31

INEC (2001) CENSO Cantón Esmeraldas.

32

Cooperativa Coordinadora Nacional para la Defensa del

Ecosistema Manglar del Ecuador (CCONDEM) (2005) Datos

Socioeconómicos. Retrieved 25 Nov. 2010 from

http://www.ccondem.org.ec/cms.php?c=257.

33

INEC (2009) Indicadores Mercado Laboral Septiembre

2009. Retrieved Nov. 19, 2010 from:

12

a relatively high level of poverty – 24.3 percent –

indicating that the population has minimal access

to health care, education, work, and clean

drinking water.

34

However, this percentage can

vary locally.

María Benalcazar, who works for the Refugee

Education Trust in Ecuador’s Northern provinces,

said:

“We deal with high underemployment

and unemployment rates here and the

logic of the labor markets in these

provinces differs from the national

situation. What moves the economy,

especially in Esmeraldas and Sucumbíos,

is informal trade, from informal food

vendors to clothes and shoes. The next

sector where most of the population is

employed is informal domestic work. The

consequence is that only a few have a

contract or a fixed wage and many work

in exchange for housing or meals.”

Because of its proximity to the Colombian border,

San Lorenzo has a large population of

Colombians, including Colombian refugees. An

interviewed resident of San Lorenzo said:

“San Lorenzo is very close to the border,

so Ecuadorians and Colombians travel

back and forth passing the border and

they [Colombians] have a lot of family

http://www.inec.gov.ec/web/guest/ecu_est/est_soc/enc_h

og/enc_emp_sub.

34

Sistema Integrado de Indicadores Sociales del Ecuador

(SIISE) (2003) Tendencias de Desarollo Social en el Ecuador:

1999-2003. Retrieved 25 Nov. 2010 from:

http://www.siise.gov.ec/IPublicaciones.htm. 34.

here. I think half of San Lorenzo’s

population is Colombian. So they feel

good here because there is another

ambience here.” (Worker a t a cl othi ng factory,

26)

2. Quito

Three refugees from Quito were interviewed. In

Ecuador, 30 percent of all recognized refugees

and 35 percent of all asylum seekers reside in the

capital Quito.

35

In contrast to the situation in the

coastal region, in Quito the unemployment rate

of 5.8 percent is lower than the national

average

36

and the informal sector employs only

37.2 percent of the work force.

37

The percentage of refugees employed informally

is far higher in Quito: 90 percent.

38

The

municipality has various projects to promote the

integration of the refugee population, such as

capacity-building programs and a job-referral

35

Latin American Faculty of Social Sciences (FLACSO) &

United Nations Office of the High Commissioner for

Refugees (UNHCR) (2010) Estudio sobre la población

colombiana con necesidad de protección internacional

(PCNPI) en centros urbanos de Ecuador: el caso de Quito y

Guayaquil. Presentation held Dec. 14, 2010.

36

Banco Central del Ecuador (2010) Desempleo Quito:

últimos dos años. Retrieved Nov. 26, 2010 from:

http://www.bce.fin.ec/indicador.php?tbl=desempleo_quito

.

37

INEC (2009) Indicadores Mercado Laboral Septiembre

2009. Retrieved November 19, 2010 from:

http://www.inec.gov.ec/web/guest/ecu_est/est_soc/enc_h

og/enc_emp_sub.

38

FLACSO & UNHCR (2010) Estudio sobre la población

colombiana con necesidad de protección internacional

(PCNPI) en centros urbanos de Ecuador: el caso de Quito y

Guayaquil. Presentation held at Dec. 14, 2010.

13

service. However, refugees and asylum seekers

continue to live in marginal situations.

39

Obstacles to finding work

Like Ecuadorians, refugees face a difficult labor

market. However, they also face additional

challenges because they are foreigners, including

xenophobia, misapplication of immigration and

labor laws, and lack of access to financial systems.

“In the field of labor, the obstacles that

refugees face are the same as those

Ecuadorians face because of the

problems in the labor market, plus

xenophobia.” (María Bena l cazar, RET)

A Colombian refugee at work

39

UNHCR, 2010.

1. Xenophobia and Discrimination

Many Ecuadorians have negative prejudices

about foreigners, which leads to the rejection of

refugee job applicants because of their nationality

and/or race.

“I would like to have a job in the formal

economy, but they will not give me such

a job for being Colombian. It does not

matter whether you are a qualified

professional… that does not matter, they

will not accept you.” (Male refugee in

Es meralda s , ha i r dress er, 45)

“In one restaurant a woman told me no

because I am Colombian, and that

Colombians are bad people. I haven’t

tried again because of this

discrimination.” (Female refugee, unempl oyed,

20)

According to the refugees interviewed, this

discrimination is caused by negative images of

Colombians and Cubans within Ecuadorian

society. In part, these images are fostered by the

negative messages about violence and crime in

Colombia in the media.

“We face rejection here. Employers

prefer Ecuadorians and also they have a

bad image of who we are as Colombians.

They say we are narco-traffickers,

guerilla fighters and paramilitaries, and

in general we are delinquents. They fear

us, and from this fear comes the

rejection. I have experienced it directly

when I tried to look for work and they

told me directly that they did not accept

14

Colombians.” (Male refugee in Quito, magazi ne

edi tor, age unknown)

“It is the image, they see Colombians as

the worst of the worst. [As though] we

are all drug traffickers, guerillas,

criminals… in the news they only show

the negative side of the people, right?

And people who do not know the positive

side of Colombians, they will stick with

that bad image.” (Mal e refugee i n Esmeral das,

ha i r dresser, 45)

Most respondents report that the discrimination

they face is based on their nationality, not on

their refugee status:

“I have a refugee identification card but I

really never had to show my refugee card

before getting a job. For example, here

[at my current job] they do not even

know that I am a refugee.” (Male refugee,

thea ter di rector, 39)

However, there are contexts where national

stereotypes may play to refugees’ advantage. For

example, in the textile industry Colombians are

reportedly welcomed because of their perceived

expertise. Colombians and Cubans are reportedly

sought as salesmen because they are perceived as

having more extraverted personalities. One

refugee, a Cuban theater director, 39,

acknowledged that in his field of work being a

foreigner can also be an asset in getting jobs:

“In 50 percent of the cases, being a

foreigner helps me getting more jobs.

Some people think that a foreign product

is of better quality and they can use it for

marketing.”

To avoid job discrimination, some of the

interviewees are considering changing their legal

status and obtaining Ecuadorian citizenship,

despite the high procedural cost. They believe

they will have better opportunities when they

possess an Ecuadorian ID card. Others are sure

they will never consider this step:

“Maybe with an Ecuadorian ID card they

will give you a job, but I never thought of

getting such a card. I am a Colombian

until God allows me to be one.” (Male

refugee i n Esmeral das, hair dres s er, 45)

2. Misunderstanding of the Law

Ignorance of the law also affects some recognized

refugees, even though they have the explicit right

to work in Ecuadorian law. Many employers are

confused about their documentation and ask for a

work permit. For this reason the Ministry of Labor

dispenses a free work permit to refugees. This

work permit expires within 3 months, which is a

huge obstacle for refugees according to the staff

members of the Labor Orientation Service of

HIAS:

“It is terrible that the [refugee] work

permit must be renewed every three

months, while an ordinary work contract

is normally for one year. The permit is

free and there is not a lot of paperwork

required to renew it, but the problem is

that the refugee has to go every three

months to an office of the Ministry of

Labor and those offices are centralized.

So people who do not live near an office

15

must travel all the way to Quito to get

[the permit] renewed.”

Another documentation-related difficulty is that

refugees often do not have documents needed to

prove their qualifications to practice certain

professions. A 51-year-old unemployed female

refugee from Esmeraldas who was educated as a

lawyer in Colombia told Asylum Access:

“I am a lawyer and to exercise this

profession here, I must get an

Ecuadorian license. In order to obtain

that license I must study at the university

for three and a half years. And the

problem is… I do not have the financial

means to do so.”

3. Access to Financial Institutions

Access to the financial system is another

obstacle. The rules and requirements used by

banks impede access to loans and, in some cases,

bank accounts:

“Refugees encounter many problems

getting loans. The banks do not give

loans to refugees. Their refugee

condition and the fact that they are

foreigners, creates a lot of distrust by the

financial institution.” (Patricio Bena l cazar,

Ecua dorian Ombudsman Office)

“They just told me at the bank that

refugees cannot open a bank account.”

(Female refugee in Ambato, res ta urant owner, 35)

The lack of access to loans and bank accounts

creates many problems, especially for

entrepreneurs and refugees who want to start

their own businesses:

“Access to the financial system is a big

obstacle for people who want to start

their own business or people who want

to work. If you cannot open a bank

account, where will people save their

money, how can they cash a check, how

can they make transfers for their

businesses? […] Loans can be used to

start a small business; it is very

important.” (Staff members of the La bor

Orientation Servi ce of HIAS)

“Our restaurant has a contract with

some engineers from Quito and they

wanted to transfer the money from Quito

to our bank account. But we as refugees

cannot open an account, so that is a

problem.” (Female refugee i n Ambato, res ta urant

owner, 35)

Working conditions

Both refugees and asylum seekers who are

employed have the same workplace rights as all

Ecuadorian citizens. These rights include a

minimum wage, limited working hours and access

to social security. However, all interviewed

refugees explained that they endure conditions of

work that do not comply with Ecuadorian law.

Many of the interviewees reported they were

paid far less than the minimum wage or forced to

work extra hours without adequate extra

payment:

16

A Colombian refugee at a her job at a clothing factory

“I worked seven days a week, eight

hours a day but they only paid me 150 US

dollar a month. Besides that, I never had

holidays.” (Female refugee in Quito, worked in a

gym, 48)

“I worked every day from seven in the

morning till eight in the evening at a

restaurant and I only got paid five US

dollars a day.” (Female as yl um s eeker in Sa n

Lorenzo, 53)

Some refugees reported never being registered in

the social security system by their employers,

even while employers withheld a portion of their

wages for social security.

Some refugees felt they were exploited because

of their nationality; others said all employees in

their company were taken advantage of equally.

“I felt exploited, but they told me that it

was not exploitation because I am a

Colombian and that is what they pay to

Colombians.” (Female a s ylum s eeker in Sa n

Lorenzo, 53)

“No, they only exploited me. Because I

am Colombian and they told me that I do

not have rights here in Ecuador. They did

not do it to me because I am a refugee.

No, no it is because I am a Colombian.

My colleagues were paid the normal

wage and they registered them for the

security and so on…” (Female refugee in Quito,

worked in a gym, 48)

“They just stole money from all their

employees, Ecuadorian and Colombians.

Not only from us…” (Refugee i n San Lorenzo,

sel f-employed, 36)

When asked why they accept poor work

conditions, refugees said they were desperate

and had little choice:

“As a refugee you come to Ecuador and

leave everything behind. You only have a

bag with you. So when you arrive, you

have to sleep on the floor, without

pillows, without anything. So you have

big needs. And because of those needs

you accept the conditions.” (Femal e a s yl um

seeker i n Sa n Lorenzo, 53)

Asylum seekers who lack documents are under

particular pressure to accept sub-standard work

conditions because they are in a weak negotiating

position. An asylum seeker, 22, who works as a

fisherman in San Lorenzo explains:

“Here, I work for a low wage. I get paid

for the amount of fish I catch so the

wage is very irregular. Sometimes we

stay two entire days at the sea and we

earn like five US dollars a day. But I have

to accept this because I lack the

17

documents to work. They define the

conditions and I cannot claim for more

because I do not have the

documentation.”

The shortage of employment opportunities in the

Ecuadorian labor market and the abundance of

low skilled employees make refugee and asylum

seekers’ negotiating positions even weaker:

“When I tried to assert my rights, my

boss told me that as a Colombian I

should be grateful I even have a job and I

should not ask for more. She told me that

she could fire me, since there were plenty

of other people who could take my job.

So I feared they would fire me whenever

they wanted to.” (Fema l e refugee i n Qui to,

worked in a gym, 48)

Self employment

Many of the refugees who were interviewed are

self-employed. They generate their own

employment and create their own working

conditions.

“I think 90% of the Colombians here are

self-employed. They start their own

business or they work informally on the

streets selling food, clothes or souvenirs…

They do this because there is no

employment, because of the rejection we

face and to avoid exploitation.” (Male

refugee i n Quito, ma gazi ne edi tor, a ge unknown)

“I felt better in my former job. I sold

arepas in the streets, and all the money I

made during the day was for myself. It is

much better to be your own boss.” (Mal e

refugee i n San Lorenzo, fisherma n, 29)

A hairdresser in his own salon in Esmeraldas

“[Self-employed work] is easier to find, it

provides everyday income and it is an

option within everyone’s reach. Many

refugees prefer to have their own

business and to know they work for their

own income.” (María Rosa Caja s , Fundaci ón

Ambiente y Sociedad)

Although self-employment is preferred by many

refugees, it has downsides. A hair dresser from

Esmeraldas, 45, said:

“There are also negative aspects: If I do

not work, I have no income. And all the

benefits an employer can give you, like a

fixed wage, paid holidays, social security,

loans et cetera... I do not have those

things.”

New businesses often struggle to obtain permits

and registration. Therefore, many businesses

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operate in the informal sector, which can cause

problems with the authorities:

“In order to formalize and get a selling

permit as a street vendor, an applicant

must meet tons of requirements that

make the progress of the business

harder. And when they do not have the

permit, they are persecuted in the streets

by the police, they are accused by other

street vendors and they cannot be part of

an association.” (Patricio Benalcazar, Ecuadoria n

Ombudsman Office)

Insecurity

Lack of security can be an obstacle to finding

work. Some refugees fear meeting their

persecutors in the street. This makes the search

for jobs difficult, since it requires them to go out

in the streets and interact with unknown people.

This is especially true in towns close to the

border, such as San Lorenzo and Esmeraldas.

“More or less a year ago, I received

death threats from some Colombians

that come from the same Colombian

town as I do. Because Colombia is so

near, I see many people from my village

here in this city. Now I cannot go out to

the streets, I am afraid. I cannot have a

job on the streets, and I cannot go out a

lot to look for a job.” (Refugee in Esmeralda s ,

unempl oyed, 51)

Even if a refugee is employed, the sense of

insecurity can be an obstacle to going to work or

to staying at one job for a long time:

“Sometimes I do not go out to the streets

to sell, because someone told me that

there are people from my village in

Colombia in town. So I avoid the streets

or I hide, because you really have no idea

whether those people are involved in

drug trafficking, or in the guerilla forces.”

(Refugee in Esmeral das, street vendor, 32)

A steet vendor working in Esmeraldas

“Security influences the stability and the

work situation of refugees a lot.

Persecution from Colombians forces

them to change jobs, houses or even

forces them to be resettled to another

country.” (Patrici o Bena l ca zar, Ecuadorian

Ombudsman Office)

For some refugees, work itself can be the reason

for a sense of insecurity. Risky work conditions,

threats, or discrimination by employers or

colleagues cause an uncomfortable or insecure

feeling:

19

“There is crime at sea, they want to steal

your motor or boat and they sometimes

even kill people. It is not safe out there. You

put your life at risk going out there.” (Male

refugee i n San Lorenzo, fisherma n, 23)

“Sometimes the boat owners threaten that

if we lose anything of the equipment or

don’t bring in enough catch, we have to

pay, they take it out of our already low

wages or they will come to our homes.” (Male

refugee i n San Lorenzo, fisherma n, 22)

A fisherman and his catch

“I felt insecure at my former job. My

bosses reprimanded me and humiliated

me.” (Female refugee i n Quito, worked in a gym, 48)

The Importance of

Work to Refugees

The ability to work helps to financially empower

refugees and asylum seekers. Asylum seekers

often arrive in Ecuador with few possessions and

limited resources. All interviewees responded

that having an income enables them to meet

basic needs – like housing, nutrition, education

and health – for themselves and their families.

The importance of safe, fair, and lawful

employment is best expressed by the refugees we

worked with on this report:

“Work gives a person the opportunity to

educate their children, to feed them, and

to have a home.” (Mal e refugee i n Quito,

magazi ne edi tor, a ge unknown)

“A lot has changed. Since I work, I can

buy a mattress and a bed. And later I

might be able to buy an apartment,

paying little by little.” (Female asylum seeker i n

San Lorenzo, 53)

“Look, work is a fundamental part of a

person’s life. If a person has a job, he has

education, health... he has it all. If a

person does not have a job, he has

nothing.” (Refugee in Esmeralda s , Street vendor,

32)

“With the money I’ve earned I’ve been

able to buy things for my children. It is

good because without eating my children

cannot go to school, so for this work is

good.” (Fishermen from San Lorenzo, 23)

20

“Work is important. It gives you identity

and respect.” (Mal e refugee in Quito, magazine

edi tor, age unknown)

“Being capable of working and sustaining

yourself is fundamental for a person’s

well-being and provides stability.” (María

Ros a Cajas , Fundación Ambi ente y Socieda d)

Access to jobs also gives refugees contact with

Ecuadorian society and provides an opportunity

to integrate. Integration is considered crucial to

reach sustainable solutions for refugees.

“Since we have this restaurant, our

contact with Ecuadorians increased.

Most of our clients are Ecuadorians and

they all like our restaurant and the food.”

(Female refugee in Ambato, res ta urant owner, 35)

“A refugee who is able to obtain a job

will go through an enormous change. The

person will start to feel included in the

society and the person will get in contact

with other people. It contributes to the

integration into Ecuadorian society.”

(Patricio Benalcazar, Ecuadorian Ombuds man Offi ce)

Legal work needs to also be safe work. Not all

interviewees perceive the ability to access work

as the end-all solution. Some refugees are able to

work, but face difficult work conditions that make

them feel exploited:

“This job provides me with just enough

money to buy food, but nothing else. To live

a dignified life, this is not enough.” (Mal e

refugee i n Esmeral das, street vendor, 32)

Street vendors selling in Esmeraldas

“Access to work does not guarantee that

they will grow out of poverty, but just

provides them with enough to survive from

day to day.” (María Bena l ca zar, RET)

“Work gives a person the

opportunity to educate their

children, to feed them, and to

have a home.”

21

A refugee at the clothing factory where she works

Many interviewees expanded on the importance

of work beyond the discussion of everyday

practical necessities. These individuals saw a

rights-based argument, and pointed out the

responsibility of a host country to ensure

refugees’ security and development:

“It is very important that refugees have

a legal way to sustain themselves. It is

really fundamental. If a country accepts

refugees, but does not give them the

legal right to work… they create a very

big problem and do not comply with

international agreements.” (Staff members at

a La bor Orientati on Servi ce i n Ecuador)

“Imagine, to have work is to have life. If

a person cannot work, they cannot eat,

they cannot have a home...so we have

seen that the right to work is the most

important thing.” (Colombian immigrant and

di rector of a clothing fa ctory in Sa n Lorenzo, 38)

“Imagine, to have

work is to have

life. If a person

cannot work, they

cannot eat, they

cannot have a

home...so we have

seen that the right

to work is the most

important thing.”

22

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