Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ecuador (Ratification: 1967)

The Committee notes with regret that the Government’s report has not been received. The Committee hopes that a report will be sent for examination at its next session and that it will contain full particulars on all the matters raised.

Comments from workers’ organizations. The Committee notes the Government’s replies to the comments of the Ecuadorian Medical Federation of 2012 and those of the International Trade Union Confederation (ITUC) of 2011. In particular, the Committee notes the Government’s indication that it promotes and supports the establishment of trade union and branch organizations, as demonstrated by the registration of numerous organizations in recent years.

The Committee notes the 2013 comments of the ITUC, the Trade Union Confederation of Ecuador and the attached comments by Public Services International Ecuador, the National Confederation of Educational Workers, the General Confederation of Workers of Ecuador, the Federation of Workers of the Enterprise “Petroleros del Ecuador”, the Trade Union Confederation of the Public Sector in Ecuador, the Confederation of Health Professionals, the National Federation of Public Servants and various local trade union organizations referring to matters already raised by the Committee, and alleging in addition that: (i) the Basic Act on Higher Education (LOES) of 12 October 2010 and the Basic Act on Intercultural Education (LOEI) of 31 March 2011 do not recognize the right of public employees in the education sector to establish trade unions and violate their right to organize their activities and formulate their programmes in full freedom; (ii) Decree No. 16 of 20 June 2013 and Ministerial Decision No. 0130 of 21 August 2013 endanger the independence of trade unions; (iii) the absence of consultation of the social partners on the draft reform of the Labour Code, which contains provisions which are not in conformity with the Convention; (iv) the conviction of Ms Mery Zamora, former President of the National Confederation of Education Workers to eight years of imprisonment for sabotage and terrorism and of Carlos Figueroa, leader of the Ecuadorian Medical Federation, to six months of imprisonment for slander, as well as various cases of the criminal persecution of trade union leaders in reprisal for their trade union activities; and (v) the obstacles raised by the Ministry of Industrial Relations to the registration of trade unions. The Committee requests the Government to provide its observations on all of these allegations.

Finally, the Committee regrets that the Government has not provided its observations on the comments made by the ITUC in 2009 concerning the repression by the police and the army of a demonstration called by the trade union confederations in 2006 resulting in serious injuries and detentions, and the alleged threats and acts of intimidation against leaders of the Workers’ Confederation of Ecuador and the United Confederation of Workers of Ecuador.

Legislative matters. The Committee recalls that for several years it has been commenting on various provisions of the national legislation which are not in conformity with Articles 2 and 3 of the Convention. The Committee also notes the adoption of the LOEI, which raises certain discrepancies with the Convention. Specifically, the Committee requests the Government to take the necessary measures to amend:

• -sections 450, 459 and 466 of the Labour Code to revise the requirement of 30 workers for the establishment of associations, enterprise committees or assemblies to organize enterprise committees;
• -section 466(4) of the Labour Code to revise the requirement to be of Ecuadorian nationality to be able to become a trade union officer;
• -article 326(8) of the Constitution of the Republic so as to allow the right to re-election of officials of workers’ and employers’ organizations; and
• -article 326(12) and (15) of the Constitution, section 24(h) of the Organic Act on the Civil Service (LOSEP), sections 24 and 31(3) of the Organic Act on Public Enterprises (LOEP), section 132(p) and the first general provision of the LOEI, sections 505 and 522 of the Labour Code and Decree No. 105 of 7 June 1967, relating to the right of trade unions and associations of public servants to organize their activities and formulate their programmes.

The Committee hopes that the Government will take into account all of the comments that the Committee has been making for several years and that it will adopt, in consultation with the most representative organizations of workers and employers, the necessary measures to reform the legislative provisions referred to above, including those contained in the Labour Code, which is currently undergoing a process of revision. The Committee requests the Government to provide information in its next report on any progress in this respect and reminds it that the technical assistance of the Office is at its disposal.

The Committee is raising other points in a request addressed directly to the Government.