Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

In earlier comments the Committee requested the Government to provide information on the application of sections 130, 133, 134, 148, 153, 155 (internal security of the State) and 367 of the Penal Code so that it could ascertain the scope of these provisions in the light of Article 1(a) of the Convention. The Committee takes note of the Government’s statement that, in practice, no penalties are imposed for the offences defined in the above provisions.

In this connection, the Committee has learned that the following provisions of the Penal Code have been applied in recent cases: section 130 (internal security of the State), section 82 (libel), and section 493 (calumny). The Committee recalls the implications for the application of the Convention of provisions that restrict the right peacefully to express a political opinion that is contrary to the established political system. The Committee hopes that the Government will provide information on the application of the abovementioned provisions of the Penal Code, including the number of sentences handed down together with copies of them, so that the Committee can assess their scope. The Committee also requests the Government to provide information on the application of sections 230 and 231 of the Penal Code (disrespect or insult towards public officials).