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Abolition of Forced Labour Convention, 1957 (No. 105) - Ecuador (RATIFICATION: 1962)

Impact of compulsory prison labour on the application of Article 1 of the Convention. In its previous comments, the Committee noted that section 60 of the Penal Code establishes compulsory community work as a non-custodial penalty and it requested the Government to indicate whether compulsory community work can be imposed by a judge without the consent of the convicted person and, if so, to specify the offences for which this penalty can be applied.

The Committee notes the Government’s reference in its report to the new “Regulations on the national system of social reintegration” adopted in 2020, which regulate community work for persons sentenced to imprisonment under a semi-open regime. Under section 254 of the Regulations, prisoners who have completed 60 per cent of their sentence can avail themselves of the semi-open regime, subject to fulfilling certain requirements, including the obligation to perform 100 per cent of the community work activities specified in their exit plan. The Committee notes the Government’s emphasis that the activities linked to the community or community work are voluntary.

However, the Committee notes that the Government does not provide any information on the obligation to perform community work, which constitutes one of the non-custodial penalties that can be imposed by a judge, in accordance with sections 60(2) and 63 of the Penal Code. In this regard, the Committee recalls that criminal penalties that involve compulsory labour, including compulsory community work, come within the scope of Article 1(a) and (d) of the Convention when they are imposed on convicted persons who have held certain political views or expressed ideological opposition to the established political, social or economic order, or have participated in a strike. The Committee therefore once again requests the Government to clarify whether compulsory community work can be imposed by a judge without the consent of the convicted person. If so, the Committee requests the Government to specify the offences for which compulsory community work can be imposed.

Article 1(a). Imposition of compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. With regard to its comment made in the previous paragraphs, the Committee notes that section 393 of the Penal Code establishes the penalty of community work for first-class offences that include unarmed public disturbance, except in the case of legitimate defence of the self or of a third party. Noting that this provision is drafted in broad terms, the Committee requests the Government to provide information on the application in practice of section 393 of the Penal Code, indicating whether judgments have been handed down under this provision and, if so, to indicate the penalties imposed and the acts that gave rise to such judgments.