E/CN.4/2002/94/Add.1
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The Special Rapporteur deems it important to examine appropriate legislative reforms to
bring national standards into line with the commitments entered into by Ecuador in the field of
human rights, especially in the light of the Ecuadorian Congress’s recent approval of the
International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families. In particular, she considers that the Migration Act should be revised to ensure
that it does not contain discriminatory criteria which exclude foreigners, and that consideration
should be given to introducing legislative reforms so that deportation orders are subject to
administrative or judicial review and that victims of smuggling on Ecuadorian territory are not
penalized. She is of the view that Ecuador should seek solutions to the situation of foreign
migrants who claim that they remain in detention although their release has been ordered.
The Special Rapporteur encourages Ecuador to continue concluding bilateral agreements
to regulate migration by its nationals abroad, and to coordinate with the Ministry of Labour all
matters relating to migrant workers. She recommends that Ecuador should include in its
negotiating strategy dialogue with transit States involved in migration by Ecuadorians, in order
to apply measures of protection for its citizens, the effective investigation of abuses, the
non-penalization of victims of smuggling and a multilaterally coordinated strategy for preventing
and combating smuggling.
The Special Rapporteur considers it important that civil society and indigenous, social
and peasant organizations should pursue the dialogue initiated with the State. She encourages
the State to continue to fulfil the commitments it has assumed in this area and to pursue the
dialogue it has begun with migrants and civil society organizations.
Lastly, the Special Rapporteur recommends that the international community should
provide support to Ecuador in its efforts to promote and protect the human rights of migrants and
their families.