E/CN.4/2002/94/Add.1
page 19
58.
The Special Rapporteur also encountered situations in which foreigners found guilty of
ordinary offences had completed their sentences but were still in prison because they did not
have travel documents or money to pay for their repatriation. Such persons appeared to be in
prison indefinitely until the situation could be resolved. In the case of foreigners from countries
with no consular representation, the situation was made worse by the fact that there was no way
to obtain travel documents in Ecuador. Prisoners reported that they had been offered false travel
documents by some prison officials acting on behalf of the networks of smugglers in the prisons.
The Special Rapporteur is also very concerned at reports that some foreigners have had their
passports taken away by police officers when they were detained or questioned.
59.
The Special Rapporteur received testimony from an Indonesian citizen who claimed to
have been a minor at the time she was arrested. She said she had presented documents in her
language which confirmed that she was a minor, but which had been rejected in court because
they had not been translated into Spanish. If what she says is true, she was sentenced as an adult
to eight years’ imprisonment.
60.
The Special Rapporteur also spoke to migrants who had been detained because they
had no papers, because of their illegal status, or because they carried false documentation.13
On 7 November, she interviewed two citizens of Sri Lanka whose request for asylum and
refugee status had been accepted by the Determination Committee on 24 September. These
persons were still in detention and were the subject of criminal proceedings for attempting to
travel with false documents, in violation of the provisions of the 1951 Convention on the
Status of Refugees, which lays down that refugees using false documentation shall not be
punished.
61.
The Special Rapporteur noted the overcrowding prevailing in most of the prisons she
visited. She also noted the de facto discrimination suffered by foreigners because they had no
families who could visit them or give them money for food.
V. FORUMS FOR DEVELOPING ECUADOR’S
POLICIES RELATING TO MIGRATION
62.
The Foreign Ministry informed the Special Rapporteur that Ecuador is making efforts to
draw up a State policy on migration which takes account of the human rights of migrants. The
process was based on two initiatives involving cooperation between the State and major partners
in society. The first initiative was the Operational Plan relating to the Human Rights of
Migrants, Foreigners and Refugees, agreed by the Government and civil-society organizations
represented in the Sub-Commission on the Rights of Migrants, Foreigners and Refugees set up
under the National Plan on Human Rights.
63.
The Operational Plan relating to the Human Rights of Migrants, Foreigners and Refugees
was adopted by consensus between the State and civil-society organizations in November 2000.
It sets out three key objectives: to secure a legal framework which will guarantee effective
respect for human rights; to strengthen existing national machinery for protection and assistance;
and to carry out training, publicity and awareness creation among the population concerning the
rights of migrants, foreigners and refugees.