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 SalgadoMinister of Labour and Employment of Ecuador

Ottawa, Canada, November 28-29, 2006

Ecuador: The geopolitical background

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).

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).

The Scope of Migration

Ecuador: Migratory balance 1990-2004

0

50,000

100,000

150,000

200,000

1990 1992 1994 1996 1998 2000 2002 2004

Year

Em

igra

tio

n

Saldo migrantes

The Scope of Migration

Ecuador: International Emigration 1996 - 2001

0

20

40

60

80

100

120

1996 1997 1998 1999 2000 2001

Year

Emigrants in thousands

Emigration by sex and country of destiny

Ecuadorian Migration by sex and country of destiny: 1996-2001

0100002000030000400005000060000700008000090000

100000110000

UnitedStates

Spain Italy Rest ofAmerica

Rest ofEurope

Othercountries

Men Women

Migration by sex and region

International Migration by sex and region

0

10

20

30

40

50

60

70

Coast Mountain Amazonia Galapagos

Per

cen

tag

e

Men

Women

Emigrants by age

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

Remittances from migrants in the balance of payments

Year Millions 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

-200,0400,0600,0800,0

1.000,01.200,01.400,01.600,01.800,0

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

Millions of US$

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.

The wall between the US and Latin American

May 1st: Los Angeles and Chicago

Colombia: the geopolitical background

The border between Colombia and Ecuador

Estimate of the population of interest to ACNUR in Ecuador, by December 2005

DISTRIBUTION BY STATUS

STATUS POPULATION %

Recognized Refugees 11.492 5,2%

Other Refugees 25.173 11,5%

Resettled and repatriated 1.248 0,6%

Other of Interest (invisibles) 184.327 83,9%

TOTAL JUNE/05 219.744  

Refugees, regional humanitarian crisis?

ECUADORSTATISTICS - APRIL 2006 (PEOPLE)

YEARREQUEST FOR REFUGEE

STATUSRECOGNIZED REFUGEES

2000 475 390

2001 3.017 1.406

2002 6.766 1.578

2003 11.463 3.270

2004 7.853 2.395

2005 7.091 2.453

2006 2.437 879

2000-2006 39.102 12.371

Fuente: Ministerio de Relaciones Exteriores, Ecuador

From the north and with no plan to return

Massive immigration? Colombians entering and leaving Ecuador

Source: National Migration Office (January 2001 to December 2005)

Year Leaving Entering Difference

2001 135.134 213.011 77.877

2002 83.405 194.321 110.916

2003 93.305 193.807 100.502

2004 133.778 188.490 54.712

2005 124.763 164.123 39.360

Total 570.385 953.752 383.367

Massive immigration?

Peruvians entering and leaving Ecuador Source: National Migration Office (January 2001 to December 2005)

Year Leaving Entering Difference

2001 65.807 82.955 17.148

2002 39.707 47.394 7.687

2003 25.571 58.037 32.466

2004 80.995 190.598 109.603

2005 83.414 207.743 124.329

Total 295.494 586.727 291.233

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.

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

Responsible Institutionalization on issues of migrationMinistry 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 InvestmentsAdvisory 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 JusticeAutonomous Sectional Governments (Political Constitution Art. 228)

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.

National Plan of Ecuadoriansliving 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.

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

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.

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)

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.

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)

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.

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

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

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

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

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

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.

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”)