Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ecuador (Ratification: 1962)

Article 2 of the Convention. National policy on gender equality. The Committee notes that the Government is undertaking numerous activities in the context of the Equal Opportunities Plan (PIO), 2005–09, which was declared a state policy and is therefore compulsory for institutions entrusted with the design, formulation and implementation of public policies and is a principal technical and political instrument for the National Women’s Council (CONAMU). It notes with interest that in this framework a labour observatory with a gender focus has been established with the participation of the CONAMU, the United Nations Development Programme (UNDP), the United Nations Children’s Fund (UNICEF), the United Nations Development Fund for Women (UNIFEM), the United Nations Population Fund (UNFPA) and the ILO Subregional Office for the Andean Countries. The Committee asks the Government to provide information on the activities undertaken and the progress achieved by the labour observatory in relation to equality for men and women in employment and occupation. The Committee also asks the Government to continue providing information on the measures adopted in the context of the PIO, 2005–09, and an evaluation of the results achieved, including extracts from reports, where appropriate.

Article 3. Promoting the access of women to public sector employment. With reference to its previous request for information on the measures adopted or envisaged to promote the access of women to the public sector, the Committee notes with interest the conclusion of a Framework Inter-institutional Cooperation Agreement between the National Secretariat for State Remuneration, the National Women’s Council, the Latin American Institute for Social Research and Public Service International in Ecuador (PSI) with a view to ensuring that effect is given to the principles of equality between men and women in the processes of institutional modernization and work re-evaluation in public institutions. The Framework Agreement covers the period from 8 September 2006 until December 2009. The Committee asks the Government to provide detailed information on the activities and progress achieved in the context of the Framework Agreement with regard to the access of women to the public sector.

Legislation. While noting the Government’s indication that the Codification Commission has submitted a draft codified text of the Cooperatives Act to the National Congress, the Committee asks the Government to indicate whether section 17(b) of the Regulations of the Cooperatives Act has been repealed, as requested by the Committee on repeated occasions.

Sexual harassment. The Committee notes the Government’s indications that sexual harassment is defined in the Penal Code. The Committee notes that confining sexual harassment to criminal procedures has generally proven inadequate, as they may deal with the most serious cases, but not with the range of conduct in the context of work that should be addressed as sexual harassment, the burden of proof is higher and there is limited access to redress. The Committee therefore asks the Government to take appropriate administrative and legislative measures to afford sufficient and appropriate protection in relation to the two forms of sexual harassment at the workplace (quid pro quo and a hostile work environment) to which the Committee referred in its general observation of 2002. The Committee also asks the Government to provide information on any other measures that have been adopted or envisaged in law and in practice to prohibit and prevent sexual harassment at work, including through cooperation with employers’ and workers’ organizations.

Afro–Ecuadorian peoples. The Committee notes that, according to the information provided by the Government, the Afro–Ecuadorian Development Cooperation (CODAE) from the time of its establishment until mid-2007 had not achieved the objectives for which it had been established, nor had it attained positive results and impacts on Afro–Ecuadorian peoples and communities. It notes that the CODAE Multi-year Plan has been formulated based on three strategic objectives: (1) ensuring compliance with the economic rights of the Afro–Ecuadorian peoples; (2) guaranteeing access to and exploitation of land; and (3) strengthening the institutionalization of the CODAE and the implementation of the collective rights of Afro–Ecuadorian peoples. The Committee asks the Government to provide information on the activities carried out in the context of the Multi-year Plan, and particularly the measures adopted to eliminate discrimination in employment and occupation, including in access to education, for members of Afro–Ecuadorian peoples.

The Committee is raising other points in a request addressed directly to the Government.