E/CN.4/2002/94/Add.1
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faced was that the ombudsmen are not accredited in the countries where they operate, so that
they cannot act as official representatives, or have access to migrants in detention. The
ombudsman in New York reported that he had received many reports of deception or swindling
by agents offering to provide official papers in the United States. A voluntary network of legal
advisers had been set up with eight lawyers established in the United States. Another major
problem is that of domestic violence, which is being handled by referring cases to existing social
organizations that deal with this problem.
69.
From the Ombudsman’s viewpoint people-smuggling is a criminal issue, which is mainly
for the police to handle. There is serious concern at the prevailing corruption which enables
these networks to operate. In southern Ecuador the Special Rapporteur noted the need to support
the efforts of the Ombudsman to help the families of Ecuadorian migrants. The work of the
Ombudsman in the areas affected by emigration and smuggling should help to strengthen the
link between the most neglected and vulnerable population groups and the State, and should be
directed towards preventing people-smuggling.
B. The role of civil society
70.
The Special Rapporteur noted that civil society in Ecuador is highly organized, including
associations of migrants and their families, which have considerable skills in making proposals15
and possess detailed knowledge of the situation regarding migration in the country and its
effects. The Special Rapporteur also noted that steps taken by indigenous, social and peasant
organizations in their negotiations with the authorities have led to important commitments on the
part of the Government. She highly values the dialogue initiated by civil society and the work
carried out together with the State on the drafting of the Operational Plan relating to the
Human Rights of Migrants, Foreigners and Refugees, which has yet to be put into effect.
71.
In the areas where Ecuadorian migration originates, the Special Rapporteur noted the
positive impact of the efforts made by civil-society organizations who watch over the families of
migrants who remain behind in Ecuador. She considers that the practical work done by such
organizations as the Pastoral Social Office of Human Mobility in monitoring the situation of the
families, providing guidance and psychosocial care and watching over them is vital.
C. The international community: the International Organization
for Migration (IOM) and the Office of the United Nations
High Commissioner for Refugees (UNHCR)
72.
Representatives of IOM described to the Special Rapporteur their role in providing
advice to the State in matters relating to the National Plan for Ecuadorians Abroad and the
follow-up to it, so as to facilitate the preparation of programmes for its implementation. They
explained that the policies of the State must include a goal of managed migration and at the same
time a goal of settlement. The Special Rapporteur considers it important that IOM should
continue to work together with the State and civil society for the application of the national plan
and the Operational Plan with a view to providing enhanced protection for migrants, and that
priority should be given to activities designed to combat and prevent smuggling from the areas in
which migration originates and in the places where the networks operate.