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Ecuador - Overview of the current migration policy framework

Ecuador is a constitutional State of rights and justice, social, democratic, sovereign, independent, unitary, intercultural, multinational, and secular. It is organized as a republic and is governed in a decentralized manner. Sovereignty lies in the people, whose will is the basis of authority, and is exercised through public power organizations, and forms of direct participation set forth in the Constitution.

The Constitution of the Republic of Ecuador (2008) is one of the most extensive in the world, and the current one is the longest in the entire history of the country. It has 444 articles grouped in different chapters that make up the nine titles of the Constitution. Likewise, it includes 58 articles related to human mobility, and all of them have a broad focus on rights.

This Constitution implemented great advances in migratory matters, because it recognizes principles, such as free mobility, universal citizenship, and equality of rights without discrimination due to migratory status.

However, in some cases the existing legal framework, such as the Migration Act (Ley de Migración), Immigration Act (Ley de Extranjería), Travel Documents Act (Ley de Documentos de Viaje), and the Naturalization Act (Ley de Naturalización), do not fully agree with constitutional principles and rights, and with international covenants executed on migratory matters .

Through presidential provision, the National Secretariat of the Migrant (Secretaría Nacional del Migrante), in coordination with institutions involved in the migratory area, is currently working on the draft of the bill of the Organic Code of Migrations, that has as fundamental objectives the generation of technical law standards for effective migratory management, the creation of a solid institutionalism??, and full recognition of the rights of migrant persons.