Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ecuador (Ratification: 1962)

Article 1(1)(a) of the Convention. Grounds of discrimination in employment and occupation. The Committee notes the Government’s indication in its report that: (1) it is aware that fundamental changes are required in the field of labour legislation in general; and (2) on the basis of the National Opportunities Plan 2021–2025, a national debate has been launched, with the participation of civil society, workers, employers and academics, to develop consensual proposals for reforms of the current Labour Code, with a more integrated vision which takes into account the content of broader legislative frameworks. The Committee expresses the firm hope that the necessary measures will be taken without delay for the inclusion in the legislation of provisions prohibiting both direct and indirect discrimination based on at least all of the grounds envisaged in Article 1(1)(a) of the Convention in relation to access to employment, vocational training and promotion.

Discrimination on the basis of sex. Sexual harassment. With reference to its previous comments, the Committee notes the information provided by the Government: (1) on the adoption of Ministerial Decision No. MDT-2017-0082 of 11 May 2017, containing the Standard for the Eradication of Labour Discrimination; (2) that the Ministry of Labour is revising Ministerial Decisions Nos MDT-2017-0082 and MDT-2020-244 with a view to including the criteria set out in Article 1(b) of the Violence and Harassment Convention, 2019 (No. 190), which Ecuador ratified in 2021; and (3) on the adoption of the Comprehensive Basic Act to Prevent and Eradicate Violence against Women, of 5 February 2018, which considers sexual harassment to be sexual violence. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it calls on the Government to ensure the effective implementation of the provisions of the Comprehensive Basic Act to Prevent and Eradicate Violence against Women and sections 141 and 142 of the Comprehensive Basic Criminal Code by allocating the necessary resources and providing systematic and recurrent training to judges, prosecutors, the police and other law enforcement officers on their strict enforcement and the strengthening of measures to prevent, combat and punish all forms of gender-based violence against women (CEDAW/C/ECU/CO/10, 24 November 2021, paragraph 22(a)). Accordingly, while noting these legislative and administrative initiatives, the Committee recalls the importance of adopting effective measures to prohibit sexual harassment at work. The Committee trusts that the Government will adopt without delay the measures within its power for the integration into the labour legislation, including the Ministerial Decisions referred to above, of a provision which defines and clearly prohibits sexual harassment (see the 2012 General Survey on the fundamental Conventions, paragraphs 789–794).

Moreover, with regard to complaints of discrimination which include cases of sexual harassment, the Committee notes the Government’s indication that between January 2019 and June 2022 the Ministry of Labour or Directorates of Labour and the Public Service and their national delegations received: (1) 144 complaints relating to the private sector; and (2) 420 complaints in the public sector. The Government adds that the significant difference between complaints in the public and private sectors is due to the Ministry of Labour undertaking various initiatives since 2019 to increase visibility of structural inequalities and violations of labour rights which have promoted the effective enjoyment of labour rights. The Committee takes note of these initiatives. The Committee requests the Government, in cooperation with workers' and employers’ organizations, to continue taking measures to prevent sexual harassment in employment and occupation in both the private and public sectors. The Committee requests the Government to continue providing information on the number of complaints received, and on the number and type of penalties imposed and the compensation granted.

Lastly, the Committee recalls that for several years the Government has been referring to a possible amendment of the Labour Code to address the issues raised, which has not been adopted in practice. The Committee considers that the legislative measures that it has been calling for to give full effect to the Convention should not remain pending while awaiting a possible revision of the Labour Code.

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