Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Ecuador (Ratification: 1970)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

With reference to its previous observation, the Committee notes the indication contained in the Government’s report of 2007 that the Constitutional Tribunal declared several provisions of the Social Security Act of 2001 unconstitutional. In order to clarify the situation in law, the Committee reiterates its request to the Government to provide, in its next detailed report due in 2012, information on the extent to which the amended legislation gives effect to each of the provisions of the Convention, as well as the statistical information requested in the report form. Please supply also any regulations that have been adopted to apply the new Act.

Article 5 of the Convention (in conjunction with Article 10). Payment of benefits abroad. The Government confirms in its report that the payment abroad of old-age, invalidity and survivors’ benefits, and of workers’ compensation in cases of accidents, occupational diseases or the death of the worker, is made in each individual case on the basis of a resolution issued by the Benefits Committee of the Ecuadorean Social Security Institute (IESS). Referring to the conclusion of the Multilateral Ibero-American Social Security Convention and the Andean Instrument of Social Security (Decision No. 583) establishing the principle of equality of treatment and exportability of benefits among the ratifying parties, the Government also indicates that where bilateral social security agreements have been concluded, special liaison offices have been created with respect to the transfer of benefits abroad. The Committee once again requests the Government to legitimize the practice of authorizing the payment of benefits abroad by adopting a specific provision ensuring that Articles 5 and 10 are applied both in law and in practice, as it had previously expressed the intention of doing. The Committee asks the Government to send information on the progress made in this regard in its next detailed report due in 2012. The Committee recalls in this respect that the scope of obligations assumed by Ecuador under Convention No. 118 goes beyond the circle of the countries party to the Andean Instrument of Social Security or the Multilateral Ibero-American Social Security Convention. By ratifying Convention No. 118, the Government has undertaken to guarantee, in accordance with its Articles 5 and 10, payment of the above benefits to the nationals of any other Member which has accepted the obligations of the Convention in respect of a given branch, as well as to its own nationals and to refugees and stateless persons, in the event of residence abroad, irrespective of the new country of residence or the conclusion of any reciprocity agreement.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.