Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In earlier comments, the Committee has referred to Decree No. 105 of 7 June 1967, under which sentences of imprisonment of from two to five years can be imposed on any persons who foments, or takes a leading part in, a collective cessation of activity ("paro"). The sentence laid down by the Decree for a person who participates in a cessation of activity ("paro") without fomenting or taking a leading part in it, is correctional imprisonment of from three months to one year. For the purposes of this provision, "there is a cessation of activity ("paro") when a collective cessation of activity, the imposition of a lockout outside the cases permitted by law, the paralysing of ways of communication and similar anti-social acts occur". Sentences of imprisonment involve compulsory labour by virtue of sections 55 and 56 of the Penal Code.

The Committee also referred to section 165 of the Maritime Police Code, which prohibits crew members of an Ecuadorian vessel from disembarking in any port other than the port of embarkation except with the agreement of the master. It also provides that if a crew member deserts he shall forfeit his pay and belongings to the vessel and that if he is captured he shall pay the cost of his arrest and be punished in accordance with the navy regulations in force.

The Committee expressed the hope that measures would be taken concerning these provisions in order to ensure the observance of Article 1(c) and (d) of the Convention. Furthermore, the Committee requested the Government to supply information on the practical application of sections 130, 133, 134, 148, 153, 155 and 367 of the Penal Code to enable it to ascertain the scope of these provisions in the light of Article 1(a) and (c) of the Convention.

The Committee noted with interest that several draft decrees had been prepared with the assistance of representatives of the ILO Director-General in November 1989. Under these draft decrees, Legislative Decree No. 105 is interpreted as inapplicable to strikes or collective labour disputes; section 165 of the Maritime Police Code is repealed; sections 53, 54, 55 and 66 of the Penal Code and section 22 of the Code on the Execution of Sentences and Social Rehabilitation are mandatorily interpreted so that the work of convicted persons in detention and re-education centres shall be voluntary and the profits from this work shall accrue exclusively to the convicted persons.

The Committee notes that on 25 March 1991, the Ministry of Labour and Human Resources submitted the above-mentioned drafts to the President of the National Congress with a view to their being placed on the agenda of Congress.

The Committee hopes that the above drafts will be adopted rapidly to ensure that the Convention is observed with regard to the points raised and that the Government will provide copies of them as soon as they have been adopted.