Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Compulsory prison labour. In its previous comments, the Committee noted that, pursuant to the Penal Code of 2005, convicted persons were under the obligation to work. In this regard, the Committee referred to a number of provisions which allow prison sentences to be imposed on individuals for acts through which they seek to secure the dissemination and acceptance of their political views, as a means of labour discipline applicable to seafarers, and as a punishment for participation in strikes. It also referred to article 326(15) of the 2008 Constitution, which prohibits the stoppage of public services which are not essential services in the strict sense of the term, such as education, transport, processing and the postal services. The Committee noted that penalties applicable in the case of a stoppage in public services are those set out in the Penal Code.

The Committee observes that, pursuant to section 702 of the new Penal Code of 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 therefore requests the Government to provide information on how the work of convicts is organized, so as to enable it to ascertain the voluntary nature of prison labour. The Committee also asks the Government to supply a copy of the rules or regulations governing the work of convicts.