E/CN.4/2002/94/Add.1
page 25
7
Working paper prepared by the Foreign Ministry and presented to the Special Rapporteur
during her visit.
8
Drawn up in 2001 by the Centre for Economic and Social Rights (CEDS), the Regional
Foundation for Advisory Services in Human Rights (INREDH) and the Servicio Paz y Justicia Ecuador (SERPAJ-E).
9
Statistics prepared by the office of the National Director for Migration for the months
January-September.
10
The Special Rapporteur noted that article 8 of the regulations issued under the Migration Act
provides that Ecuadorians aged under 18 must hold a genuine and valid individual passport or a
copy of the birth certificate bearing an authorization to travel signed by their legal representative,
with certification of the signature by a competent authority, or must be accompanied by their
legal representative.
11
The revised version provides that “Anyone who, by illegal means, facilitates migration by
Ecuadorian or foreign nationals to other countries shall, unless this constitutes a more serious
offence, be liable to ordinary imprisonment for a term between three and six years”.
12
Article 9, paragraph 13 was suspended by the then Court of Constitutional Guarantees by
resolution 12, published in the RO 119 of 1 February 1993. However, the Supreme Court
annulled this decision by a resolution published in the RO 392 on 4 March 1994.
13
Article 37 of the Migration Act stipulates a prison term of six months to three years for
“persons who complete, sign, issue or obtain a visa, passport or any migration document in an
arbitrary manner, on the basis of false information or by improperly claiming Ecuadorian
nationality”.
14
In Ecuador the Congress elects the Ombudsman by a two-thirds majority from among the
names proposed, after hearing the views of human rights organizations (Constitution, art. 96).
A two-thirds majority of the Congress members is also required to dismiss the Ombudsman.
15
The proposals made by civil-society organizations and presented to the Special Rapporteur
range from the establishment of a network of trade unions for migrants in Spain, together with
Spanish trade unions, to possible bilateral agreements with countries of transit.
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