E/CN.4/2002/94/Add.1
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large-scale flow of Ecuadorians abroad. Extreme poverty, poor knowledge of legal ways of
emigrating and the risks involved in illegal migration, and lack of proper papers, mean that the
population is especially vulnerable to networks which engage in smuggling and trafficking of
migrants. The Special Rapporteur noted that the smuggling of Ecuadorian migrants has reached
acute levels and that smuggling networks operate with impunity.
The Special Rapporteur was provided with many accounts of the abuses to which
migrants are subjected during smuggling. Migrants’ families reported cases of disappearance,
abandonment in transit and sexual abuse of women and minors. She also learned of the risks
encountered by migrants during their journeys, the fact that migrants are treated as criminals in
some transit countries, and the fact that their rights are not protected in their countries of
destination because of their illegal status.
Concerning immigration to Ecuador, the Special Rapporteur heard expressions of
concern from various sectors of Ecuadorian society at the rise in xenophobic sentiments,
particularly vis-à-vis immigrants of Colombian nationality. On the border, it was reported that
such sentiments are becoming more acute as the conflict in Colombia and the application of Plan
Colombia affect security and economic well-being in the region.
In the prison system, the Special Rapporteur noted with concern the situation of many
foreign detainees who benefit from no representation from their countries’ consuls. She was
provided with testimony from persons unable to speak English or Spanish who had been tried
without even being able to communicate with their defence counsel, in the absence of
interpreters for their languages. Most detainees in such situations come from African,
East European and Asian countries. The Special Rapporteur also encountered foreigners
imprisoned for ordinary offences who, though they claimed to have served their sentences,
remained in prison because they had no travel documents or money for the journey home.
Recommendations
The Special Rapporteur considers that combating illegal migration should be a priority in
Ecuadorian policy, and that coordinated actions on the part of the State should be devised in
order to check corruption and the impunity enjoyed by the networks. The principal focus of this
policy should be coordinated action by the system of administration of justice and the police, as
well as prevention through local development programmes backed up by the international
community.
The Special Rapporteur considers that there is a fundamental need to enhance the State’s
ability to address the needs of the families of migrants who are located in the areas where illegal
migration originates, and to strengthen the work being accomplished by the Ombudsman in
addressing the problems encountered in the areas of origin, including prevention of smuggling.
She recommends the implementation of psychosocial programmes to help the families of
migrants, and an active policy of providing advice on how to invest remittances productively, in
joint efforts by State institutions, civil society and the international community. She also
recommends 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.