E/CN.4/2002/94/Add.1 page 5 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.

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