Forced Labour Convention, 1930 (No. 29) - Ecuador (RATIFICATION: 1954)

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Articles 1(1), 2(1) and 25 of the Convention.Trafficking in persons. 1. National plan of action. The Committee previously noted the legislative and institutional framework for combating trafficking in persons and, observing that a new national plan of action against trafficking in persons was being prepared, it encouraged the Government to take steps to ensure its adoption.

The Committee notes the Government’s reference in its report to the adoption in 2019 of the Plan of Action against trafficking in persons in Ecuador 2019–30, which was drawn up in the context of an extensive participatory process with institutional actors and contributions from civil society, including the family members of victims. The Committee also welcomes the intercultural basis of the Plan of Action, which provides culturally relevant prevention and protection measures to cater for the specific needs of victims geared to diverse cultural contexts. The Plan of Action contains four components: (i) promotion of rights and prevention of trafficking; (ii) provision of care for trafficking victims, and full promotion and restoration of their rights; (iii) investigation and prosecution of the crime of trafficking in persons; and (iv) governance. The Plan of Action identifies targets for each component in terms of results and indicators, and its strategic management is the responsibility of the Interinstitutional Coordinating Committee for the Prevention of Trafficking in Persons and Illicit Trafficking of Migrants and for the Protection of Victims. The Committee requests the Government to provide information on the steps taken with a view to implementing all components of the Plan of Action against trafficking in persons in Ecuador 2019–30, indicating the results achieved and also the difficulties identified in the follow-up to the Plan and its evaluation. The Committee also requests the Government to provide information on the activities of the Interinstitutional Coordinating Committee for the Prevention of Trafficking in Persons and Illicit Trafficking of Migrants and for the Protection of Victims, including examples illustrating how coordination works between the various institutions involved in the implementation of the Plan.

2. Protection and assistance for victims. The Committee notes the establishment of a Case coordination team for the protection of victims of human trafficking and illicit trafficking of migrants, composed of eight state institutions, which, after they identify a victim, carry out inter-institutional coordination to provide comprehensive care and protection in line with their competencies. The Committee also notes that the Protocol for inter-institutional action for comprehensive care and protection for trafficking victims, adopted in 2020, describes in detail the role played by each of the institutions responsible for providing care for victims. Moreover, section 122 of the Basic Act on human mobility (as amended in 2021) provides that all institutions tasked with providing assistance for human trafficking victims must implement specialized models of care which will be binding on service providers at the national level. The Committee notes that, according to the statistical information contained in the Plan of Action, of the total number of victims of trafficking for sexual exploitation recorded in 2014–16, 3 per cent were foreign citizens and in 11 per cent of cases it was not possible to determine the victim’s nationality. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of 2021, referred to the low number of investigations and prosecutions in relation to reported cases of trafficking, owing partly to the risk of deportation for women victims of trafficking who are undocumented or in an irregular situation (CEDAW/C/ECU/CO/10, paragraph 23(c)). The Committee requests the Government to provide information on the action taken by the Case coordination team for the protection of victims of human trafficking and illicit trafficking of migrants and on the comprehensive protection measures from which trafficking victims have benefited. The Committee also requests the Government to provide examples of specialized care models, in particular those implemented for undocumented foreign victims.

3. Penalties. The Committee notes that the Government, in reply to its request for information on the application of the provisions of the Criminal Code relating to trafficking in persons (sections 91 and 92), provides examples of convictions related to the crime of trafficking in persons. As at the end of July 2021, a total of 121 persons had been prosecuted, and 39 persons had been sentenced for trafficking in persons. The Government also indicates that the Directorate of Controls and Inspections has not received any complaints relating to forced labour. The Committee also notes that the Ministry of the Interior, the National Police and the Public Prosecutor’s Office have developed a practical guide for identifying, acquiring, safeguarding, processing and using possible clues or evidence in cases of trafficking in persons. Police officers and prosecutors have been trained in how to use the guide. The Committee requests the Government to continue providing statistical information on the investigations launched, judicial proceedings initiated, and the type of convictions handed down in relation to the crime of trafficking in persons for sexual or labour exploitation. The Committee also requests the Government to provide information on the measures taken to strengthen the capacities of labour inspectors to detect elements that characterize situations of trafficking in persons for the purposes of labour exploitation, and to be able to collaborate with the prosecution service and the police in the investigation of such situations.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted the Regulations concerning the dependent work of persons serving a custodial sentence (MDT-2015-0004), which contain provisions ensuring that prison labour carried out for the benefit of private entities is of a voluntary nature and is performed with the free written consent of the person concerned and in conditions similar to those of a free employment relationship. The Committee duly notes the information provided by the Government, including statistics, on employment contracts concluded by prisoners working for the benefit of private enterprises. The Committee also notes the regulations governing the special contractual arrangement for services provided by prisoners (Interministerial Agreement between the Ministry of Labour and the Ministry of Justice, Human Rights and Religious Worship of 11 May 2018), section 7 of which provides that the contract for the provision of services must contain the express consent of the prisoner for performing the activities covered by the contract and also contain information on remuneration and conditions of work.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the strengthening of the legislative framework to combat forced labour through the inclusion in the Comprehensive Organic Penal Code of provisions criminalizing the exaction of forced labour or other forms of labour exploitation (section 105), trafficking in persons (sections 91 and 92), sexual exploitation (section 100) and forced prostitution (section 101). The Committee requested the Government to provide information on the judicial proceedings initiated and the convictions secured on the basis on these provisions, as well as the measures taken to provide adequate protection to all victims of forced labour, including victims of trafficking.

1. Institutional framework to combat trafficking in persons and protect victims. In its report, the Government refers to the actions of the Inter-institutional Coordination Committee to combat trafficking in persons and the smuggling of migrants, which is under the authority of the Ministry of the Interior and responsible for the implementation the National Plan to Combat Trafficking in Persons adopted in 2006. The Committee has three focuses: prevention, protection and investigation. With regard to the protection of victims, the Government indicates that, between 2013 and 2016, more than 180 persons received support in the framework of the Unified National Protocol for protection and comprehensive assistance for victims of trafficking. An inter-institutional committee is responsible for ensuring that appropriate (medical, psychological and social) assistance is provided and that victims are able to assert their rights. There are currently two reception centres, one managed by the State and the other by civil society, which assist victims, regardless of whether they agree to cooperate with the judicial authorities.

The Committee also observes that, according to the information available on the website of the Ministry of the Interior, the Organic Act on human mobility and its implementing regulations were adopted in 2017. Chapter VI of the Act establishes the framework for the prevention of trafficking in persons, as well as the protection, support and reintegration of victims, to be implemented by the State. The Act also provides for the creation of a register for the identification of victims and for the analysis and collection of data, which should provide a better understanding of trafficking in persons and enable the development of public policy in this area. In additional, a confidential, toll-free hotline (1-800-DELITO) has been set up, through which people can receive information and support. Lastly, the Committee notes that a study on the state of trafficking in persons in Ecuador was presented in April 2018 and was the subject of discussions. The outcomes of these discussions will be used to develop a new national plan of action to combat trafficking in persons.

The Committee notes all this information and requests the Government to provide detailed information on the activities conducted by the Inter-institutional Committee to step up the fight against trafficking in persons. It requests the Government, in particular, to indicate the steps taken to implement the framework for the prevention of trafficking in persons and the protection of victims established in the Organic Act on human mobility of 2017 and its implementing regulations. The Committee also requests the Government to provide information on the evaluation of the implementation of the national plan adopted in 2006, including the results achieved and the difficulties identified. It hopes that, in this context, the Government will take all the necessary measures to conclude the adoption of the new national plan of action to combat trafficking in persons and that it will provide detailed information on this matter.

2. Penalties. The Committee notes the information provided by the Government on the training activities conducted by the Council of the Judicature (Consejo de la Judicatura) with a view to strengthening the capacities of judicial officers to detect and prosecute trafficking crimes. Moreover, the Council is working on the implementation of a coordination mechanism to ensure the implementation of court decisions establishing remedial action for victims of gender-based violence or trafficking in persons. The Committee also notes that, according to the information available on the website of the Ministry of the Interior, a field manual on detecting trafficking in persons has been developed. It observes that, according to the national police unit combating trafficking in persons and the smuggling of migrants, between 2013 and 2016, the national police arrested 215 suspects and that, during the same period, 380 persons were rescued. Furthermore, between January and June 2017, 47 victims of trafficking were rescued and 32 people were arrested.

The Committee requests the Government to continue to provide information on the investigations conducted, the judicial proceedings initiated, and on the number and nature of the convictions secured on the basis of the relevant provisions of the Comprehensive Organic Penal Code. Please also indicate the measures taken to continue to strengthen the capacities of the national anti-trafficking police unit and of the judicial authorities in the detection and handling of trafficking cases. Please also provide information on the implementation of court decisions establishing remedial action for victims.

Article 2(2)(c). Prison labour. The Committee previously referred to the provisions of the Penal Code concerning prison labour, under the terms of which work constitutes a fundamental element of the rehabilitation and social reintegration process and may be performed in the context of associations for productive and commercial purposes. It requested the Government to provide information on prison labour, indicating whether the legislation allowed prison labour to be carried out for private enterprises and, if so, how the persons concerned express their formal, freely given and informed consent to work. In its report, the Government refers to the adoption of regulations on the national social rehabilitation system, as well as regulations concerning the dependent work of persons carrying out a custodial sentence (MDT-2015-0004). The Committee notes with interest that the latter regulations contain a number of provisions aimed at ensuring that prison labour carried out for the benefit of private entities, is of a voluntary nature and performed in conditions similar to those of a “free” employment relationship. Therefore, under the terms of section 4 of the regulations, prisoners must freely and voluntary express their consent to perform work, and such consent must be expressly indicated in the individual contract of employment. Moreover, sections 5 to 7 provide that a special individual contract of employment must be established in writing, that the remuneration cannot be less than the universal basic income guaranteed to workers in general and that the weekly working time shall not exceed 40 hours. The Committee requests the Government to provide information on the application in practice of these regulations, in particular, on the contracts concluded between prisoners and private entities, as well as any difficulties encountered in the implementation of these regulations.

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Articles 1(1), 2(1) and 25 of the Convention. Penalties for the exaction of forced labour, including trafficking in persons. As regards its previous request for information on the application in practice of section 190 of the Penal Code of 2005, which criminalized trafficking in persons, the Committee notes the information provided by the Government on a court decision handed down for the crime of trafficking for forced begging.

The Committee further notes that a new Penal Code was adopted in 2014. In this regard, the Committee notes the Government’s indication that the adoption of the new code aims at bringing national criminal legislation into conformity with internationally recognized standards and instruments ratified by Ecuador. The Committee notes with interest that section 105 of the Penal Code explicitly criminalizes the exaction of forced labour or other forms of labour exploitation, making it an offence punishable with ten to 13 years’ imprisonment. Additionally, the new code contains specific provisions criminalizing trafficking in persons (sections 91 and 92), sexual exploitation (section 100) and forced prostitution (section 101). The Committee also observes that, pursuant to section 93, victims of trafficking shall not be prosecuted or sanctioned for offences committed as a direct consequence of being trafficked. With regard to victim protection measures, the Committee notes the Government’s indication that a new Regulation for the Protection and Assistance of Victims and Witnesses was adopted in 2014 with a view to ensuring that individuals have access to effective protection and assistance measures, including measures to protect victims, witnesses and third parties from intimidation and retaliation, as well as measures to provide social, economic, medical and psychological assistance. The Committee requests the Government to provide information on the application in practice of section 105 of the Penal Code of 2014, as well as the sections governing trafficking in persons and related offences, indicating, in particular, the number of judicial proceedings initiated, the number of convictions and the specific penalties applied. The Committee encourages the Government to pursue its efforts to ensure that appropriate protection and assistance is provided to all victims of forced labour, including victims of trafficking, and to provide information on the steps taken to this end and the concrete results achieved.

Measures targeted at vulnerable groups. With regard to its previous comments concerning measures targeted at vulnerable workers, in particular migrant workers, the Committee notes the Government’s indication that a campaign entitled “Decent Work” (Trabajo Digno) has been developed in order to raise awareness of domestic and migrant workers on their rights. The Committee also notes the statistical information provided by the Government on the number of workers whose employment and migration statuses have been regularized between 2007 and 2010 by virtue of a bilateral cooperation agreement signed with the Government of Peru in 2006 and which, in 2011, was replaced by a “Permanent Statute on Migration for Ecuador and Peru”. The Government also refers to Decision No. 545 on “Andean Labour Migration”, which establishes standards to facilitate the free circulation of citizens of the Andean Community for purposes of labour migration. The Committee encourages the Government to continue to take measures to ensure that migrant workers, including migrant domestic workers, are fully protected from abusive practices and conditions that amount to forced labour, and to provide information on the steps taken and concrete results achieved in this regard.

Article 2(2)(c). Prison labour. The Committee notes that, pursuant to section 702 of the new Penal Code (2014), work constitutes a fundamental element for the rehabilitation and social reintegration of convicts. The same provision establishes that prison labour shall not be applied as a corrective measure. The Committee also observes that, under section 12(4), the work of convicts may be performed in the context of associations for productive and commercial purposes. In this regard, the Committee recalls that compulsory work or services exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two conditions are met, namely: that the said work or service is carried out under the supervision and control of a public authority, and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. However, work by prisoners for private enterprises can be held compatible with the Convention where such work is not compulsory, but is carried out with the formal, informed and freely given consent of the persons concerned. Furthermore, in view of the setting of captivity, certain factors are required in order to authenticate or confirm the giving of such consent. The Committee considers that the most reliable indicator of consent to work is that the work is performed under conditions which approximate to those of a free employment relationship, particularly in terms of remuneration, occupational safety and health and social security. The Committee therefore requests the Government to provide information on the provisions governing the work of convicted persons, indicating, in particular, whether the legislation in force allows the work of prisoners to be carried out for private enterprises. In the affirmative, the Committee requests the Government to indicate how it is ensured that such work is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating those of a free labour relationship.

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Articles 1(1), 2(1) and 25 of the Convention. Penalties for the exaction of forced labour, including trafficking in persons. The Committee notes the report of the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, presented at the 15th Session of the UN Human Rights Council on 30 June 2010 (document A/15/20/Add.3). In her report, the Special Rapporteur expresses concern about the persistency of abuses encountered by vulnerable groups in Ecuador, in particular domestic and migrant workers, including forced labour, poor working and living conditions, psychological and physical abuse, with instances of withholding of identity and travel documents, low or no wages and excessive working hours. The Special Rapporteur observes that, despite the comprehensive legal framework reinforcing the constitutional protection against forced labour, slavery and human trafficking, as well as the Government’s efforts and initiatives, major challenges remain. In this connection, the Special Rapporteur observes that the Government’s current plans, programmes and policies rarely refer to forced labour as a separate offence, addressing the issue, in many instances, as a derivative of human trafficking. In her conclusions, the Special Rapporteur recommends that the Government increase its efforts to prevent abusive practices by employers, especially as regards vulnerable groups such as domestic and migrant workers, establishing programmes aimed at eradicating forced labour and restoring and protecting the rights of victims.

Corroborating the report of the Special Rapporteur, the Committee notes the concluding observations of the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, presented at its 13th Session on 15 December 2010, in which the Committee expressed concern about the discrimination, exclusion and exploitation suffered by migrant workers in the country, as well as their lack of access to labour rights, especially in the case of women working in domestic service (document CMW/C/ECU/CO/2).

The Committee notes that in 2005 the Penal Code has been amended to criminalize trafficking in persons. Section 190 of the amended Code provides for a broad definition of “exploitation” to cover forced labour or services, slavery, forced begging and other similar forms of exploitation. According to the above section, the act of promoting, inducing, participating in, or facilitating the recruitment, transfer, harbouring, receipt or delivery of people to engage in any form of exploitation with the use of deception, violence, threats or any other fraudulent means shall be punished with imprisonment from six to nine years (trafficking for labour exploitation purposes) or from eight to 12 years (trafficking for sexual exploitation purposes). The Committee requests the Government to provide, in its next report, information on the application in practice of section 190 of the Penal Code, supplying sample copies of the relevant court decisions and indicating penalties imposed. More generally, the Committee requests the Government to provide information on measures taken or contemplated to combat trafficking in persons for purposes of sexual and labour exploitation, including information on the measures targeting vulnerable workers, in particular migrant workers, supplying copies of the relevant documents and available statistics. Please also provide information on the measures taken to ensure victims’ protection.

Referring to the above comments of the UN Special Rapporteur on contemporary forms of slavery, which highlight that the Government’s current plans and programmes address forced labour exclusively through anti-trafficking policies, the Committee notes that the national legislation contains no specific provision punishing as an offence cases in which the exaction of forced labour is not associated with an element of movement across or within borders and therefore not related to trafficking in persons. The Committee requests the Government to indicate the criminal provisions used to prosecute cases of labour exploitation amounting to forced labour that do not fall within cases of trafficking in persons, providing copies of relevant court decisions and indicating the penalties imposed. Please also provide information on any difficulties encountered by the competent authorities in identifying victims of exploitation amounting to forced labour and in initiating legal proceedings.

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Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(a), of the Convention. The Committee previously noted that section 4 of the Compulsory Military Service Act of 1994 provides that one of the objectives of compulsory military service is "cooperation in the social and economic development of the country through the implementation of civil and military programmes as laid down by the Ministry of National Defence". The Committee expressed the hope that measures might be taken to ensure that conscripts would be required to do work only of a purely military character, in accordance with Article 2, paragraph 2(a), of the Convention, except in cases of force majeure (paragraph 2(d)).

Noting the explanation provided by the Government and, in particular, the examples of action taken during the last five years, in order to obtain a full assessment of the situation, the Committee requests the Government to provide additional information, with examples, on the period of such work in relation to the total duration of compulsory military service, and on the decision regarding the nature of the work to be done, including, where appropriate, the text of a programme.

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Article 2, paragraph 2(a), of the Convention. The Committee has been referring for a number of years to section 3(c) of the Compulsory Military Service Act of 1977, which includes among the objectives of military service "cooperation in the social and economic development of the country through the implementation of mixed military programmes as indicated by the Ministry of National Defence". In order to ensure application of the Convention on this matter, the Committee asked the Government to provide information on the content of the programmes referred to and on the measures taken or contemplated to amend section 3(c) of the Compulsory Military Service Act.

The Committee notes section 4 of the new Compulsory Military Service Act of 15 September 1994 under which one of the objectives of compulsory military service is "cooperation in the social and economic development of the country through the implementation of civic and military programmes as laid down by the Ministry of National Defence".

The Committee regrets to note that adoption of the new Act on Compulsory Military Service has not eradicated the discrepancy between national legislation and the Convention on this matter. The Committee hopes that the Government will take the necessary measures to ensure that, in accordance with Article 2, paragraph 2(a), of the Convention, conscripts will be required to do work only of a purely military character, except in cases of force majeure.

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1. Article 2, paragraph 2(a), of the Convention. The Committee has been referring for a number of years to the Compulsory Military Service Act which includes among the objectives of military service "cooperation in the social and economic development of the country through the implementation of mixed military programmes as indicated by the Ministry of National Defence" (section 3(c) of the Compulsory Military Service Act of 1977). The Committee requested the Government to provide information on the effect given in practice to the above section, in particular as regards the definition and content of mixed military programmes and the measures that have been taken to ensure that, in accordance with the Convention, no work or service is exacted from conscripts which is not of a purely military character.

The Committee notes that the Ministry of National Defence has notified the general command and recruitment centres for military service that they must continue to comply with the provisions of the Convention.

The Committee notes that the Government's report does not contain information on the programmes executed by conscripts and that the only information provided is that the objective of these programmes is service to the country in civic terms. In order to be able to assure itself of the observance of the Convention in this respect, the Committee requests the Government to supply information on the content of the above programmes, and on the measures which have been taken or are envisaged to amend section 3(c) of the Compulsory Military Service Act.

2. The Committee notes the information supplied by the Government concerning the freedom of members of the armed forces to leave their employment.

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1. Article 2, paragraph 2(a), of the Convention. In previous comments the Committee has referred to the Compulsory Military Service Act which includes among the objectives of military service "cooperation in the social and economic development of the country through the implementation of mixed military programmes as indicated by the Ministry of National Defence" (section 3(c) of the Compulsory Military Service Act of 1977).

The Committee requested the Government to provide information on the effect given in practice to section 3(c) of the Compulsory Military Service Act, in particular as regards the definition and content of mixed military programmes and the measures that have been taken to ensure that the Convention is observed in this respect.

The Committee notes the information supplied by the Government to the effect that the mixed military programmes referred to in the Compulsory Military Service Act are not designed for any specific persons or enterprises and that their purpose is the rendering of civic service to the nation.

The Committee recalled that for the purposes of the Convention, work performed with the objective of economic development is not considered to be strictly military and that, in addition, compulsory labour for this purpose is contrary to Article 1(b) of Convention No. 105 which has also been ratified by Ecuador.

The Committee requests the Government to take the necessary measures to ensure that any work or service exacted from conscripts shall be of a purely military character in conformity with Article 2, paragraph 2(a), of the Convention, except in the case of force majeure.

2. The Committee notes section 90 of the Armed Forces Personnel Act of 5 April 1991 which, in conjunction with section 79(b) of the same Act, provides that discharge upon voluntary application shall not be granted where service requirements so dictate pursuant to a resolution of the competent Council.

The Committee draws the Government's attention to the incompatibility with the Convention of provisions whose effect is to convert a contractual relationship based on the agreement of the parties into a service imposed by law, and to the need, in order to secure observance of the Convention, to guarantee that the personnel of the armed forces are free to leave their employment on their own initiative, within a reasonable period, either at specified intervals or by giving the requisite notice.

The Committee asks the Government to supply information on the practical effect given to section 90, in connection with section 76(b) of the Armed Forces Personnel Act, so that it can determine the scope of the notion "service requirements" contained in the above provision and to provide copies of any resolutions that have been adopted under this provision.

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1. Article 2, paragraph 2(a), of the Convention. In previous comments the Committee has referred to the Compulsory Military Service Act which includes among the objectives of military service "co-operation in the social and economic development of country through the implementation of mixed military programmes as indicated by the Ministry of National Defence" (section 3(c) of the Compulsory Military Service Act of 1977).

The Committee recalled that for the purposes of the Convention, work performed with the objective of economic development is not considered to be strictly military and that, in addition, compulsory labour for this purpose is contrary to Article 1(b) of Convention No. 105, which has also been ratified by Ecuador. The Committee requests the Government to supply information on the effect given in practice to section 3(c) of the Compulsory Military Service Act of 1977, in particular as regards the definition and content of mixed military programmes and the measures that have been taken to ensure that the Convention is observed in this respect.

The Committee notes that the Government's report does not contain the requested information and hopes that this will be supplied in its next report.

2. The Committee notes the information supplied by the Government concerning the freedom of career members of the armed services to terminate their employment.