E/CN.4/2002/94/Add.1
page 10
Participants included Camilo Restrepo, Director of the National Directorate for Defence of the
Rights of Migrants in the office of the Ombudsman; Galo Larrea, Minister and Director-General
of Consular Affairs in the Foreign Ministry; Jorge Icasa, Director-General for Migration Affairs
in the Foreign Ministry; and Amparo Ponde, Director of the Decentralized Territorial Unit of
Pichincha. Later she briefly met Ms. Aase Smedler, the United Nations Resident Representative.
17.
On 16 November a meeting to review the visit was held with Ambassador Luis Gallegos,
the acting Foreign Minister, at which the Special Rapporteur expressed appreciation for the
welcome she had received.
II. THE GENERAL CONTEXT OF MIGRATION IN ECUADOR
18.
Ecuador is a party to the principal United Nations international human rights
instruments.1 The Special Rapporteur was informed during her visit that the Commission on
International Affairs and National Defence of the Congress had approved the 1990 International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families, which should therefore be ratified shortly. Ecuador has not ratified the United Nations
Convention against Transnational Organized Crime, or the two protocols to it.2 However, the
Special Rapporteur was informed that efforts in that direction are under way in the Congress.
19.
Article 11 of the Constitution of Ecuador provides that “the State shall endeavour to
protect Ecuadorians who are abroad”. Article 23 lays down “the right to cross the national
territory freely and to choose one’s residence”, adding that “Ecuadorians shall enjoy freedom to
enter and leave Ecuador”. Article 23 also prohibits trafficking in persons in all its forms
(para. 4).
20.
The Migration Act,3 the regulations issued in pursuance of the Act,4 and the Aliens Act5
are the principal texts which regulate matters relating to migration. The Migration Act governs
the organization and coordination of services relating to entry into and exit from the country by
nationals or foreigners, and is implemented by the Ministry of the Interior and Police and,
through the Ministry, the office of the General Commander of the civilian police.
21.
Four main State agencies are responsible for migration policy. The Office of the
Director-General for Aliens and the Office of the National Director for Migration both fall under
the Ministry of the Interior and Police, while the Office of the Director-General for Migration
Affairs and the Office of the Director-General for Ecuadorians Living Abroad form part of the
Ministry of Foreign Affairs. There is also a Consultative Council on Migration Policy,
comprising the above-mentioned bodies and other ministries concerned.
22.
The Government of Ecuador informed the Special Rapporteur that in August 2000 it had
suggested to the Government of Spain that bilateral negotiations should be started on an
agreement to regulate migratory flows between the two countries and create a special
regularization process for Ecuadorian citizens. The Special Rapporteur was informed that
on 25 January 2001 a range of measures had been agreed by the two countries resulting in
regularization of the status of 25,000 Ecuadorians.