1. Workshop “Migrant Workers: Protection of Labor Rights and Labor Market Programs” “Dialogue and Consensus-building on rights of migrants and their families: The Working Table for Labor Migrations” Dr. José Serrano Salgado Minister of Labour and Employment of Ecuador Ottawa, Canada, November 28-29, 2006

2. Ecuador: The geopolitical background

3. The Ecuadorian migratory phenomenon  The deepening of the migratory phenomenon in 1998 coincides with the deepening of the economic, political and institutional crisis that was brewing since the beginning of the decade, and which biggest expressions were the collapse of the banking system, the freezing of deposits, the “dollarization”of the economy and the appointment of various governments between 1996 and 2006 (Abdalá Bucaram, Rosalía Arteaga, Fabián Alarcón, Jamil Mahuad, - Lucio Gutiérrez, Antonio Vargas, Carlos Solórzano-, Gustavo Noboa, Lucio Gutiérrez y Alfredo Palacio).

4. Emigration, a massive phenomenon  There are no precise number of Ecuadorians that have left the country during the last years.  According to the National Migration Office, 1,400,000 Ecuadorians have not returned to the country since 1990 (this number does not include irregular migration through land or sea)  Other sources estimate that by the year 2001, there were around 1.8 million Ecuadorians living abroad (Special UN Rapporteur for migrants’ human rights)  Some sources estimate that by the year 2004 more than 2 millions have emigrated. Migrants would represent between 15 and 20% of the total population, according to 2001 data.  According to the Spanish Social Security, the number of Ecuadorian affiliated rose to 267,861, that is, 15.55% of actively working foreigners. And they represent the 1.46% of all the 18,298,966 affiliated (including Spaniards and foreigners) that are active in the social security system (Sources: MTAS, March 6/2006).

5. The Scope of Migration

7. Emigration by sex and country of destiny Ecuadorian Migration by sex and country of destiny: 1996-2001 0 10000 20000 30000 40000 50000 60000 70000 80000 90000 100000 110000 United States SpainItalyRest of America Rest of Europe Other countries MenWomen

8. Migration by sex and region International Migration by sex and region 0 10 20 30 40 50 60 70 CoastMountainAmazoniaGalapagos Percentage Men Women

9. Emigrants by age 9% 57% 23% 8% 2% 1% Less than 18 years 18 - 30 years 31 - 40 years 41 - 50 years 51 - 60 years 61 or more

10. Remittances from migrants in the balance of payments YearMillions US$ 1993 200,9 1994 273,2 1995 382,1 1996 458,0 1997 643,7 1998 793,7 1999 1.084,3 2000 1.316,7 2001 1.414,5 2002 1.432,0 2003 1.539,5 2004 1.597,2 - 200,0 400,0 600,0 800,0 1.000,0 1.200,0 1.400,0 1.600,0 1.800,0 199319941995199619971998199920002001200220032004 Millions of US$

11. Geopolitics, hemispheric security and migration  Non traditional Threats to Hemispheric Security: Increase in massive migratory movements:  These massive and uncontrolled migratory movements are created by the increase in extreme poverty, as well as by internal conflicts, economic and labor asymmetries within the States, and by Natural Disasters. This threat creates social, economic and political destabilization, which are further deepened when they face radical nationalisms.  These behaviors can become sources of ethnic conflict, hard to control as there are transnational support for these causes.

12. The wall between the US and Latin American

13. May 1 st : Los Angeles and Chicago

14. Colombia: the geopolitical background

15. The border between Colombia and Ecuador

16. Estimate of the population of interest to ACNUR in Ecuador, by December 2005 DISTRIBUTION BY STATUS STATUSPOPULATION% Recognized Refugees11.4925,2% Other Refugees25.17311,5% Resettled and repatriated1.2480,6% Other of Interest (invisibles)184.32783,9% TOTAL JUNE/05219.744

17. Refugees, regional humanitarian crisis? ECUADOR STATISTICS - APRIL 2006 (PEOPLE) YEAR REQUEST FOR REFUGEE STATUS RECOGNIZED REFUGEES 2000475390 2001 3.0171.406 2002 6.7661.578 2003 11.4633.270 2004 7.8532.395 2005 7.0912.453 2006 2.437879 2000-2006 39.10212.371 Fuente: Ministerio de Relaciones Exteriores, Ecuador

18. From the north and with no plan to return

19. Massive immigration?  Colombians entering and leaving Ecuador Source: National Migration Office (January 2001 to December 2005) YearLeavingEnteringDifference 2001135.134213.01177.877 200283.405194.321110.916 200393.305193.807100.502 2004133.778188.49054.712 2005124.763164.12339.360 Total570.385953.752383.367

20. Massive immigration?  Peruvians entering and leaving Ecuador Source: National Migration Office (January 2001 to December 2005) YearLeavingEnteringDifference 200165.80782.95517.148 200239.70747.3947.687 200325.57158.03732.466 200480.995190.598109.603 200583.414207.743124.329 Total295.494586.727291.233

21. Responsible Institutionalization on issues of migration Ministry of Foreign Affairs Under Secretary of Migratory and Consular Relations  National Office of Support for Ecuadorians living abroad Assistance, Saving and Investment Program for Ecuadorian migrants and their families Technical Unit for Selection of Migratory Workers  General Office for Legalization and Consular Affairs  General Office of Migratory and Foreigners' Affairs  National Office of Travel Documents, Identification and Civil Registry abroad  National Office of Consular Accounts and Collection in Ecuador  General Office of the Electoral Process abroad.

22. Responsible Institutionalization on issues of migration Undersecretary of Multilateral Relations  National Office of Human Rights, Social and Environmental Affairs and Refugees Office Technical and Legal Counseling  Counseling on Migratory, Foreigners and Consular Affairs

23. Responsible Institutionalization on issues of migration Ministry of Government and Police National Office of Foreigners National Office for Civil Registry and Identification and General Commando of the National Police National Office for Migration Ministry of Labor and Human Resources National Office of Employment and Human Resources  Unit of Labor Allocation and Migration Ministry of Foreign Trade, Industrialization, Fishing and Competitiveness Undersecretary of Micro, Small and Medium Enterprises and Crafts  Pilot Program to Support the Ecuadorian Migrant Office of Foreign Investments Advisory Body on Migration Policies General Director of Foreigners National Office of Migration General Director of Migratory Affairs of the Ministry of Foreign Affairs Office for the Defense of the People National Office for the Defense of the Emigrants National Congress Human Rights Commission Labor and Social Commission Electoral Supreme Tribunal Supreme Court of Justice Autonomous Sectional Governments (Political Constitution Art. 228)

24. Ecuador’s National Plan on Human (Official Record Nº 346, June 24, 1998)  Rights of foreigners and migrants Article 27.- Establish concrete actions to protect the human rights of resident aliens in the country, with special attention to the rights of refugees and in accordance with international norms on the matter; and establish policies for the protection of civil rights of the Ecuadorians living abroad, as well as promoting legislation to regulate the situation of aliens living permanently on Ecuadorian territory.

25. National Plan of Ecuadorians living abroad (December 2001)  1) Establish the presence of the National State to guarantee the fundamental rights of Ecuadorian emigrants living abroad, providing them with the alternative of fully organizing their residence abroad within regularized conditions, both with regards to their economic activity as well as supporting a process for positive integration to the receiving environment  2) The Government of Ecuador shall provide preferential treatment to the families of Ecuadorian that have emigrated, in accordance with its social development plans, and in collaboration with civil society and international technical cooperation organisms  3) The Ecuadorian State shall, among its objectives, strengthen its bonds with States receiving Ecuadorian nationals with the goal of elaborating coordinated and joint actions for the drafting and implementation of programs for Ecuadorian emigrants.

26. Draft Law Proposal for Integral Assistance to Ecuadorian Migrants and their Families (Nº 25-298)  Chapter I.-Realm and Scope of the Law. Ecuadorian Migrants and their Families. The existence of more than 1.5 millions of Ecuadorians with foreign residency has triggered the need of drafting a law to provide integral assistance, as a separate instrument, instead of having a specific chapter on the current Migration and Foreign Law  Chapter II.- About the National Council of Integral Attention to Migrants and their Families. The National Council was created as a governing body on migratory policy, chaired by the Minister of Foreign Affairs, in order to face the existing multiple institutional arrangements dealing with this issue, and to improve coordination among different offices within the Executive Branch. There is also an important role played within the Council by organizations from civil society. With regards to its operational structure, a Board with 5 members and a Technical Secretariat at the Foreign Affairs Ministry are established. The law established basic rights and attributions of each of the bodies. There is also a process of accountability of the Council at the National Congress.  Chapter III.- About the National Plan to Assist Ecuadorian Migrants and their Families – Thematic areas and objectives of the Plan are established

27. Draft Law Proposal for Integral Assistance to Ecuadorian Migrants and their Families (Nº 25-298)  Chapter IV.- On the Assistance, Saving and Investment Fund for Ecuadorian migrants and their families. The Fund, created on February 28 2002 through Executive Decree No. 2378-B, is included in the Law Proposal. It establishes its purposes, its financing sources, and also states the obligation of the Council to hire accredited institution to administer its resources.  Chapter V.- Tariffs and Taxes Preferential Treatment.- Quotas and taxes advantages are established in favor of migrants returning to Ecuador. Ecuadorian migrants are offered advantages to become part of the national social security system. According to Article 147 of the Constitution, this chapter should be in the hands of the Executive; nonetheless it is included on the Law Proposal for the information of the Plenary in the event that this might be included in the Law after the First Debate, via partial objection, and hence having only one procedure for the established goal.  General Dispositions.- Direction is given to various Ministries, National Parliament, Supreme Court, Office of Defense of the People, Banks Super Intendancy to develop necessary actions in favor of Ecuadorian migrants and their families.

28. Draft Law Proposal on Refugees (Nº 25-389)  Title I General Dispositions (Arts. 1 - 5)  Title II On the right for refugee  Chapter I On the Refugee Condition (Arts. 6 - 7)  Chapter II On the Commission for the Establishment of the Refugee Condition (Arts. 8 - 15)  Chapter III On the Concession and Recognition of the Refugee Condition (Arts. 16 - 21)  Chapter IV On Appealing (Arts. 22 - 24)  Chapter V On the rights and obligations of the Refugees (Arts. 25 - 32)  Chapter VI On expulsion (Arts. 33 - 35)  Chapter VII On the cessation of the Refugee Condition (Art. 36)  Chapter VIII On Massive affluences (Arts. 37 - 41)  Transitory Disposition (Art. 42)  Final Disposition (Art. 43)

29. National Foreign Policy Plan 2006- 2020  Propel the development and application of international law on the protection of human rights of migrants, without any form of discrimination  Promote the development of international institutions in charge of addressing the situation of migrant workers and their families as their main priority, given the special situation of vulnerability  The country shall strengthen the means provided by international law in order to achieve respect of those rights, including the use of international tribunals.  Equally, it will support the adhesion of as many States as possible to existing international treaties and will work towards the establishment of new commitments on this matter.  Will trigger the update of national legislation regulating migratory issues, so that it may include a normative and institutional framework to protect families, children and youth.  Evaluate cooperation and promote negotiation of bilateral or multilateral agreements that favor an efficient management of migration issues and the adoption of practices to reduce the time on migratory paper work. It is imperative and urgent to elaborate plans of action to address the migratory phenomenon in an integral manner.  Develop programs with governments and institutions to facilitate social and labor insertion in the Ecuadorian society of migrant workers, ensuring strict respect of their human rights.

30. Working table on labor migration (WTLM): Ministry of Labor and Employment and OCSs  The WTLM is created in September 2005 as a result of the Inter- Institutional Agreement subscribed between the Ministry of Labor and Employment, and the Inter- American Control Observatory on Migrants Rights  This Inter-Institutional Agreement between the Ministry and 8 networks of specialized institutions on human and migratory rights is renewed in October 2006  The Agreement includes “honor witness” (Undersecretary of Migration and Consular Affairs, IOM, ILO, Industrial Chamber of Pichincha, CEOSL and the Program) and “citizenry surveillance” (Migrant House, CSMM, Esquel Foundation, Paul Rivet Foundation, among others)

31. Purposes of the cooperation between the MLE and OSC  Promote proposals that improve the social and juridical situation of immigrants and emigrants; and exchange of successful experiences in the social, juridical and labor realms in issues of migration.  Provide spaces for discussion and analysis of legal proposals to reform internal legislation on labor migration, in coordination of the National Congress; and promoting draft decisions and resolutions in the framework of the Andean Community of Nations (CAF), in close collaboration with the Labor and Entrepreneurial Consultation Councils.

32. Purposes of the cooperation between the MLE and OSC  Impact on the compliance of juridical norms included in the International Convention on the Protection of the Rights of All Migrant Workers and their Families, and the recommendations of the Special Reporter of the UN on Migrants Human Rights and the Special Reporter on Migrant Workers and their Family Members of the Inter-American Commission on Human Rights.  Establish a WORKING TABLE ON LABOR MIGRATION with broad participation of State organisms and institutions and the organizations of civil society specialized on migration

33. Working Table on Labor Migrations: Ministry of Labor and Employment - OCSs  Thematic areas: Institutionalization (through the National Council of Labor Migration, to be created) Bilateral and/or multilateral Agreements (Hispanic – Ecuadorian Agreements on Social Security) Situation of families and children of migrants Legislation (Draft Law Proposals) Women migrant workers and their families Immigrant and refugees' rights

34. Working Table on Labor Migrations: Ministry of Labor and Employment - OCSs  Achievements: Proposal of Executive Decree for the creation of the National Council for Labor Migration Reform to Resolution 21 (organic-functional) of the Ecuadorian Institute for Social Security (IESS) through which a Liaison Office with the Secretary of State of Social Security of MTAS of Span is established to implement the Hispanic – Ecuadorian Agreements on Social Security Creation of a Mixed Working Group to study social security systems in Ecuador and Spain (in process) Elimination of the clause that explicitly establishes that aliens requesting refugee status cannot work

35. Working Table on Labor Migrations: Ministry of Labor and Employment - OCSs  Achievements: Issuing of the Ministerial Agreement Nº 00452, from October 31 2006, which provides free occupational cards to all refugees Training Sessions on the labor rights of refugees for Working Inspectors in the country Dialogue with the Ministries of Foreign Affairs, ACNUR, IOM and ILO to regularize migration status of Colombians and Peruvians. “Agreement to regularize the labor and migratory status of Ecuadorian and Peruvian nationals in the integration region”; to be subscribed

36. Assistance, Saving and Investment Program for Ecuadorian migrants and their families  Institutional body of public law under the Ministry of Foreign Affairs (Executive Order Nº 2378-B, February 21, 2002, Official Registration Nº 527, March 5, 2002).  Objectives (Art. 2) Debt substitution; Financial intermediation system and sending remittances; Establishment of saving plans for productive investment; Promotion of productive investment in origin communities; Promotion of micro, small and medium-sized enterprises in the national territory; and Other pragmatic necessary forms

37. Challenges for the implementation of integral migration policies  Adoption of an integral and differential approach on the complex and multifactor nature of migration (emigration, immigration, refuge and internal displacements).  Elimination of institutional dispersion and disarticulation (public and private). To overcome sporadic and fragmented links between State/civil society.  Foster a juridical, political and ethical management and administration coherence for migration.  Adoption of a juridical reform, which has been pending, atomized and disperse.  Setting regularization as priority and not solely the idea of migration control and setting tougher punishments in national law. Foster prevention and reparation programs and projects.  Providing counseling for a better use of remittances.  Impulse participatory experiences and proposals of shared development.

38. Towards migration governance …  It is necessary to change the reactionary responses for strategies and efficient policies, overcoming improvisation and entering a migration governance stage: Lelio Mármora, in International migration policies (“Las políticas de migraciones internacionales”)