Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Ecuador (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Forced recruitment of children by armed groups and use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s reference in its report to the amendment to section 127 of the Penal Code (Official Journal 107-S of 24 December 2019), concerning persons who recruit children and young persons into armed groups, and section 172 of the Penal Code (Official Journal 107-S of 24 December 2019), concerning persons who use children for pornography in public performances.

Article 6. Programmes of action. In its previous comments, the Committee encouraged the Government to step up its efforts to adopt programmes for the elimination of child labour among street children, including those engaged in begging. It asked the Government to provide detailed information on the results achieved in the context of the National Development Plan 2013–17.

The Committee notes that one of the objectives of the Plan of Action against trafficking in persons 2019–30 (PACTA) is the elimination of child labour, hazardous work and begging, and the resolution of the situation of girls, boys and young persons on the streets. The Plan also incorporates a management model and a monitoring and evaluation system. The Committee requests the Government to provide detailed information on the results of action taken in the context of the PACTA monitoring and evaluation system for the elimination of child labour and begging among street children.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee encouraged the Government to continue its efforts to improve the education system by increasing the school attendance rate and reducing the school drop-out rate, especially at secondary level, in order to prevent the involvement of children in the worst forms of child labour.

The Committee notes the action taken by the Government in 2019–20 to keep students in the education system. This action enabled the development of skills and reinforcement of the capacity of pupils and teachers alike to progress in virtual learning environments, especially through: (i) training in science, technology, engineering, mathematics and business skills, from which a total of 2,510 technical teachers and 70,367 students of the technical baccalaureate benefited; (ii) the initiation of a total of 97,781 secondary pupils at the national level in the use of Microsoft Office 365 in the education system; and (iii) online training for a total of 146 teachers and institutional authorities in the country, focusing on interpersonal skills and business projects.

The Committee notes that in 2021 the National Directorate for the Baccalaureate, in the context of the project entitled “Reinforcing access, continuity and diplomas, with the focus on inclusion and lifespan”, implemented a service for reinforcing training for students from the first to the third year of the unified general baccalaureate, in order to support students in educational institutions who were at serious risk of dropping out. In view of the fact that education plays a key role in preventing the involvement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts to improve the functioning of the education system in the country, through measures aiming in particular at improving the school enrolment rate and reducing the drop-out rate in primary and secondary education. The Committee also requests the Government to provide detailed information and statistics on the school attendance and drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. 1. Children of indigenous peoples. In its previous comments, the Committee encouraged the Government to reaffirm its commitment to working for the benefit of children of indigenous peoples by continuing to facilitate their access to the bilingual education system in order to prevent their engagement in the worst forms of child labour, as they are still the most vulnerable according to the statistics.

Noting the concerns expressed in the report of the Special Rapporteur on the rights of indigenous peoples to the United Nations Human Rights Council (A/HRC/42/37/Add.1), concerning the closure of bilingual intercultural community education centres, the Committee notes the revitalization of national languages through various government actions. One result of this is the fact that a total of 3,332 candidates passed the tests in the “I want to be a bilingual intercultural teacher” competition covering 13 out of 14 languages existing in the country. In addition, educational material and furniture have been distributed to 96 bilingual intercultural community education centres in 17 provinces. The Committee also highlights the efforts of the Bilingual Intercultural Education System Secretariat at the Ministry of Education (SESEIB) to revitalize the Atupama Sapara language and the research process to document the life cycle of ten indigenous peoples in Ecuador.

The Committee also notes the increase in the number of pupils in multicultural centres at the secondary level in 2021, namely a total of 19,355 pupils (compared with 17,753 in 2020 and 17,610 in 2019). However, it observes a drop in the number of pupils at the basic/elementary school level, namely a total of 115,195 pupils (compared with 115,371 in 2020 and 116,417 in 2019), and also a drop in the number of pupils at nursery level, namely a total of 8,762 pupils in 2021 (compared with 9,236 in 2020 and 9,440 in 2019). The Committee encourages the Government to reaffirm its commitment to the children of indigenous peoples by continuing to facilitate their access to the bilingual education system, in order to prevent their involvement in the worst forms of child labour, as they are still the most vulnerable according to the statistics.

2. Child domestic workers. In its previous comments, the Committee once again asked the Government to take effective and time-bound measures to protect children engaged in clandestine domestic work and to provide information in that regard in its next report.

The Committee notes the project of the Ministry of Labour entitled “Intersectoral strategy for the prevention of child labour and gender mainstreaming in addressing child labour”, which includes exploitation and paid or unpaid domestic work affecting girls, boys and young persons in Ecuador. The strategy’s plan of action includes: (i) the setting up of inter-institutional units for the prevention and elimination of child labour and the restoration of the rights of girls, boys and young persons; (ii) the provision of care for girls, boys and young persons engaged in work and for their families; (iii) the creation of an alert mechanism for cases involving girls, boys and young persons at risk of child labour and for detected cases of child labour; and (iv) the restoration of rights through the provision of psychological and emotional support for girls, boys and young persons involved in child labour.

The Committee also notes that, according to the Government’s report, an initiative is being evaluated and due to be approved with a view to providing a social protection service for households in situations of extreme vulnerability, in order to have a particular impact on paid or unpaid domestic work. This initiative is reportedly conducted through the collection of statistical information by the National Statistics and Census Institute (INEC) and the Ministry for Economic and Social Inclusion on the basis of information from households in situations of extreme vulnerability. The Committee requests the Government to communicate the detailed results obtained from the implementation of the “Intersectoral strategy for the prevention of child labour and gender mainstreaming in addressing child labour”, with the focus on developments in the situation of children engaged in clandestine domestic work. The Committee also requests the Government to provide INEC statistics on paid or unpaid domestic work in its next report.