E/CN.4/2002/94/Add.1 page 4 large-scale flow of Ecuadorians abroad. Extreme poverty, poor knowledge of legal ways of emigrating and the risks involved in illegal migration, and lack of proper papers, mean that the population is especially vulnerable to networks which engage in smuggling and trafficking of migrants. The Special Rapporteur noted that the smuggling of Ecuadorian migrants has reached acute levels and that smuggling networks operate with impunity. The Special Rapporteur was provided with many accounts of the abuses to which migrants are subjected during smuggling. Migrants’ families reported cases of disappearance, abandonment in transit and sexual abuse of women and minors. She also learned of the risks encountered by migrants during their journeys, the fact that migrants are treated as criminals in some transit countries, and the fact that their rights are not protected in their countries of destination because of their illegal status. Concerning immigration to Ecuador, the Special Rapporteur heard expressions of concern from various sectors of Ecuadorian society at the rise in xenophobic sentiments, particularly vis-à-vis immigrants of Colombian nationality. On the border, it was reported that such sentiments are becoming more acute as the conflict in Colombia and the application of Plan Colombia affect security and economic well-being in the region. In the prison system, the Special Rapporteur noted with concern the situation of many foreign detainees who benefit from no representation from their countries’ consuls. She was provided with testimony from persons unable to speak English or Spanish who had been tried without even being able to communicate with their defence counsel, in the absence of interpreters for their languages. Most detainees in such situations come from African, East European and Asian countries. The Special Rapporteur also encountered foreigners imprisoned for ordinary offences who, though they claimed to have served their sentences, remained in prison because they had no travel documents or money for the journey home. Recommendations The Special Rapporteur considers that combating illegal migration should be a priority in Ecuadorian policy, and that coordinated actions on the part of the State should be devised in order 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, as well as prevention through local development programmes backed up by the international community. The Special Rapporteur considers that there is a fundamental need to enhance the State’s ability to address the needs of the families of migrants who are located in the areas where illegal migration originates, and to strengthen the work being accomplished by the Ombudsman in addressing the problems encountered in the areas of origin, including prevention of smuggling. She recommends the implementation of psychosocial programmes to help the families of migrants, and an active policy of providing advice on how to invest remittances productively, in joint efforts by State institutions, civil society and the international community. She also recommends that the fund set up under the programme for the development of Ecuadorian migrants and their families should be brought into operation, together with other initiatives designed to facilitate access to credit.

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