E/CN.4/2002/94/Add.1
page 18
52.
Interviews conducted in Lago Agrio indicated that most Colombians are migrants
engaging in informal trading. It was also reported that Colombians are members of criminal
gangs in the area or are smugglers. Colombians are intensely stigmatized as violent and
non-law-abiding. The population of Lago Agrio attribute the rise in crime to the growing
immigration from Colombia.
53.
In Santo Domingo de los Colorados, it was reported that there are between 22,000
and 25,000 Colombians, of whom only 8,500 enjoy official status (by virtue of registration as
migrants), while the migration status of 1,500 more is under consideration. The Municipality of
Santo Domingo indicated that during 2001 between 3,500 and 4,000 Colombians displaced by
the consequences of Plan Colombia had arrived, and that an official request had been made to be
included in the National Contingency Plan.
54.
The Special Rapporteur was concerned to learn of the exploitation of Colombians who
settle in agricultural estates and are used as cheap labour or work in exchange for food and
shelter. Also of concern are reports of smuggling of persons in the area of Santo Domingo and
the departure of hundreds of inhabitants from the area via illegal migration routes, using the
networks operating at the coast. Lastly, emphasis should be placed on a problem of which the
Special Rapporteur was informed by several sources, and which also occurs in Santo Domingo,
in connection with the use of the “late registration” procedure by foreigners in order to acquire
Ecuadorian citizenship illegally.
55.
In the context of the Migration Act, mention should be made of the grounds for the
exclusion of foreigners laid down in article 9,12 which are of concern to the Special Rapporteur
because of their discriminatory nature and their incompatibility with international human rights
standards. The grounds include: diseases deemed to be serious, chronic and infectious; sexual
deviance or progressive general paralysis, including habitual alcoholism, epilepsy, cretinism,
blindness, and generally all handicaps which prevent the sufferers from working; illiteracy in
persons aged over 15 and gigantism.
56.
The expulsion procedure, known as deportation proceedings and described in chapter V
of the Act, is initiated ex officio by the General Intendant of Police. It is noteworthy that the
decision of the Intendant to issue the deportation order is not subject to administrative or judicial
appeal, in violation of the provisions of article 13 of the International Covenant on Civil and
Political Rights, to which Ecuador is a party.
57.
In the prison establishments she visited, the Special Rapporteur noted that some of the
foreign prisoners had had contacts with their consular representatives while being held.
However, the situation of many prisoners from countries with no consular representation offers
cause for concern. Testimony was received from persons who had had no consular assistance,
and could not speak Spanish or English, but had nevertheless been tried without even being able
to communicate with their defence counsel, for lack of interpreters. Most of those persons came
from African, East European and Asian countries.