E/CN.4/2002/94/Add.1
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78.
The words used by the mayor of Azogues in describing the “collective anguish” of the
people of southern Ecuador clearly reflect the emotional and psychological state of the migrants’
families and the impact of emigration on this part of the country. The Special Rapporteur
recommends the implementation of psychosocial programmes to help the families of migrants
who have remained behind, in a joint effort by State institutions, civil society and the
international community.
79.
The Special Rapporteur also recommends an active policy of providing advice on how to
invest migrants’ remittances productively, and urges 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. She also considers that
programmes to guide migrants’ families in the productive investment of remittances should be
carried out, in cooperation with associations of migrants and their families.
80.
The Special Rapporteur deems it important to examine appropriate legislative reforms, as
referred to in the Operational Plan relating to the Human Rights of Migrants, Foreigners and
Refugees, to bring national standards into line with the commitments entered into by Ecuador in
the field of human rights. In particular, she considers that the Migration Act should be revised to
ensure that it does not contain discriminatory criteria which exclude foreigners. She also
believes that consideration should be given to introducing legislative reforms so that deportation
orders are subject to administrative or judicial review and that victims of smuggling on
Ecuadorian territory are not penalized. Lastly, she is of the view that Ecuador should seek
solutions to the situation of foreign migrants who remain in detention after serving their
sentences, although their release has been ordered, because lack of money is delaying their
deportation.
81.
The Special Rapporteur notes with concern the situation of illegal migrants in Ecuador
and indigenous migrants in the cities, who suffer stigmatization, discrimination and
xenophobia, and recommends that Ecuador should put into effect the provisions agreed at the
World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
in order to address this problem in the country. In that regard, she deems it important that the
State should guarantee migrants who have no papers access to basic educational and health
services without discrimination. She also welcomes the agreements reached under the
Operational Plan relating to the Human Rights of Migrants, Foreigners and Refugees for efforts
to carry out training, publicity and awareness creation among the population concerning the
rights of migrants, foreigners and refugees, and recommends their implementation.
82.
The Special Rapporteur received with satisfaction the information supplied by the State
and civil-society organizations and indigenous, social and peasant organizations concerning the
agreements that have been reached, and urges the parties to the agreements and those observing
these processes to continue to join hands in putting them into effect. In particular, the Special
Rapporteur recommends the effective articulation of State migration policy through all its
agencies and with the support of civil-society organizations, organizations of migrants and their
families and the international community.