Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

In its previous comments, the Committee referred to Decree No. 105 of 7 June 1967, under which penalties of imprisonment of from two to five years can be imposed on anyone who foments or takes a leading part in a collective work stoppage. The penalty laid down in the Decree for anyone who participates in such a stoppage, without fomenting or taking a leading part in it, is correctional imprisonment of from three months to one year. For the purposes of this provision, there is a work stoppage when there is collective stoppage of work or the imposition of a lockout except in the cases allowed by the law, the paralysing of means of communication and similar anti-social acts. Prison sentences involve compulsory labour under sections 55 and 66 of the Penal Code. The Committee also referred to section 65 of the Maritime Police Code, under which crew members of an Ecuadorian vessel may not apply to disembark in a port other than the port of embarkation, except by mutual agreement with the master. It also provides that if a crew member deserts he shall lose his outstanding wages and his belongings to the vessel and, if captured, he shall pay the cost of his arrest and be punished in accordance with the naval regulations in force.

The Committee expressed the hope that measures would be taken regarding these provisions in order to assure the observance of Article 1(c) and (d) of the Convention.

The Committee notes the Government's statement in its report that the legal reforms suggested by the Committee are proceeding through the National Congress but that the crisis being experienced by the country at present has meant that the legislature must give priority to its work on reforms that are essential for the life of the country and the survival of its people. The Committee hopes that the Government will take the necessary measures as soon as possible to bring the legislation into conformity with the Convention and that it will provide detailed information on progress in this work.