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73.
The UNHCR representatives told the Special Rapporteur that UNHCR had dedicated its
efforts to the protection of foreign citizens, principally Colombians, who were seeking refuge in
Ecuador. They said that where the State had refused to grant refugee status, UNHCR had sought
to provide the persons concerned with guidance on the available options for regularizing their
stay in Ecuador. The refugees receive humanitarian assistance from UNHCR for three months,
during which they seek their own sources of income. The Special Rapporteur attaches great
importance to the presence of UNHCR and IOM in the northern border region as international
agencies dealing with the protection of human rights.
VI. CONCLUSIONS AND RECOMMENDATIONS
74.
During her visit to Ecuador the Special Rapporteur noted that the lack of opportunities
for a large proportion of the population to lead and provide their families with a decent life as the
result of their labours generates a large-scale flow of Ecuadorians abroad. She notes that
extreme poverty, poor knowledge of legal ways of emigrating and the risks involved in illegal
migration, and individuals’ lack of proper papers, mean that they are especially vulnerable to
networks of smugglers and traffickers.
75.
The Special Rapporteur considers that combating illegal migration should be a priority in
any Ecuadorian policy, since the context of smuggling produces the worst forms of human rights
violations against migrants and the subjection of their families to criminal gangs. The Special
Rapporteur is of the view that a coordinated State policy must be developed to check corruption
and the impunity enjoyed by the networks. The principal focus of this policy should be
coordinated action by the system of administration of justice and the police, and it should enjoy
political and institutional backing at the highest level. The Special Rapporteur also considers
that practical steps should be taken in the areas where the networks of smugglers operate,
including the coastal areas and other parts of the country from where there is an outflow of
Ecuadorians. Combating the phenomenon in all its dimensions and categorizing it as a criminal
offence are also matters of priority.
76.
In parallel to that effort, the Special Rapporteur recommends that campaigns should be
organized to inform the population of legal means of migration and the risks involved in leaving
the country illegally. It is important that this effort should be accompanied by appropriate
documentation and be effectively monitored by the State bodies responsible for issuing identity
documents. The Special Rapporteur views as positive and necessary the initiatives for the issue
of a new, secure passport and to register Ecuadorian migrants abroad properly in consulates.
77.
The Special Rapporteur also considers that it is of fundamental importance to provide
assistance to members of migrants’ families in the areas where illegal migration originates. She
observed during her visit that many State institutions and provincial authorities have still not
become fully aware of the problems experienced by this segment of the population, and that the
State provides scant care to the families. She believes that it is important to enhance the State’s
capabilities and reinforce the work being accomplished by the Ombudsman in this area. She
considers that the office of the Ombudsman is particularly well placed in the State apparatus to
pursue initiatives to watch over migrants’ families and prevent smuggling, because of its
geographical coverage, its contacts with the population and the role it has to play in protecting
human rights.