Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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 anyone who foments or takes a leading part in a collective work stoppage. The sentence laid down for someone who participates in such a stoppage 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 work stoppage when there is a collective cessation of activity, the imposition of a lockout other than in the cases allowed by law, the paralysing of ways of communication and similar anti-social acts". Prison sentences involve compulsory labour by virtue of sections 55 and 56 of the Penal Code.

The Committee also referred to section 65 of the Maritime Police Code, under which crew members of an Ecuadorian vessel may not apply to disembark in a 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. The Committee also asked the Government to provide information on the application in practice 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 Director-General of the ILO 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105 is interpreted as inapplicable to strikes or collective labour disputes; section 165 of the Maritime Police Code is repealed; sections 53, 54, 55 and 66 of the Penal Code and section 22 of the Code on the Execution of Sentences and Social Rehabilitation must be interpreted so that the work of convicted persons in detention and re-education centres shall be voluntary and the proceeds from this work shall accrue exclusively to the convicted persons.

The Committee noted that on 25 March 1991 the Minister of Labour and Human Resources submitted the above-mentioned drafts to the National Congress with a view to their being placed on the latter's agenda.

The Committee expressed the hope that the drafts would be adopted rapidly to ensure that the Convention was observed with regard to the points raised.

The Committee notes that in its report of November 1994 the Government states that the above drafts have not yet been dealt with by the National Congress. The Committee notes the communications to the President of the National Congress in which the Ministry of Labour requested in April 1993 and in March 1994 that the drafts be dealt with.

The Committee notes the comments made by the Ecuadorian Federation of Classist Organizations in October 1994 to the effect that nothing has been done to comply with the Committee's observation concerning the application of this Convention.

The Committee deems it necessary to urge the Government once again to take the necessary steps to bring the national legislation into line with the Convention, and trusts that the adoption of the decrees drafted for this purpose will not be further postponed.