Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes the Government's report.

The Committee observes that the Government requested the technical assistance of the Office to bring the legislation into conformity with the provisions of the Convention and that a mission visited the country from 4-10 September 1997. The Committee notes that during the mission two Bills were drafted providing for the repeal or amendment of certain legislative provisions criticized by the Committee in its previous observations and direct requests.

The Committee observes that one of the Bills provides:

(1) the amendment of section 59(f) of the Civil Service and Administrative Career Act so that civil servants can establish organizations for the promotion and defence of their occupational and economic interests; and

(2) repeals section 60(g) of the same Act which prohibits civil servants from striking or supporting or participating in strikes, and from establishing trade unions, while it lays down that strikes are prohibited only for civil servants who exercise authority in the name of the State (officials in ministries, the judicial authorities and the armed forces) or who are carrying out essential services within the strict meaning of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population).

The Committee observes that the other Bill provides:

-- an addition to section 441 of the Labour Code to the effect that in the event of refusal of registration, the occupational trade union in question may appeal to the competent judicial authorities for the merits of the case to be examined as well as the reasons for the measure being taken;

-- section 443(11) is amended to the effect that organizations of a higher level enjoy the right to express their opinions on the Government's economic and social policies in a peaceful manner but shall not intervene in purely party, political or religious activities unconnected with their function of promoting and defending the interests of their members, nor shall they oblige their members to intervene in them;

-- adding a second paragraph to the end of section 455 providing that in the event of refusal of registration, the works committee in question shall be able to appeal to the competent judicial authorities for the purpose of having the merits of the question examined along with the reasons for the measure;

-- the deletion from section 455 of paragraph (4) concerning the requirement to be Ecuadorean in order to serve as a trade union official;

-- the amendment of section 461 on the dissolution by administrative measures of a works committee in order to grant to the workers' or employers' organizations concerned or the Ministry of Labour the right to appeal to the judicial authorities in order to request dissolution of the committee;

-- the amendment of section 69 of Act No. 133 on minimum services in the event of strike (introduced into the Labour Code following section 503) providing that in the absence of agreement, the measures for the provision of minimum services will be laid down by the Ministry of Labour through the General Labour Directorate or the relevant subdirectorate in consultation with the workers' and employers' organizations in the sector; and

-- the repeal of Decree No. 105 of 7 June 1967 on unlawful work stoppages and strikes for which prison sentences can be imposed on the instigators of collective work stoppages and on those taking part in them.

In addition, the Committee recalls that for many years it has been referring to the following matters:

-- the need to reduce the minimum number of workers (30) needed to be able to establish associations, works committees or assemblies in order to organize works committees (sections 439, 455 and 448 of the Labour Code). Although the minimum number of 30 workers would be admissible for industrial trade unions, the Committee considers that the minimum number should be reduced for works trade unions in order not to hinder the establishment of such organizations, particularly in view of the very large proportion of small enterprises in the country;

-- the need for civilian workers in bodies associated with or dependent on the armed forces, particularly workers in the maritime transport sector of Ecuador, to enjoy the right to join trade unions of their choice and for the Union of Ecuadorean Shipping Transport Workers (TRASNAVE) to be registered with the utmost dispatch (Case No. 1664 of the Committee on Freedom of Association);

-- the deprival of the guarantee of stability to workers who take part in a solidarity strike (section 65 of Act No. 133, including following section 498 of the Labour Code); and

-- the implicit refusal of the right to strike for federations and confederations (section 491 of the Labour Code).

The Committee observes that in its report the Government indicates that the draft legislative reforms transmitted to Congress in 1989 have been reactivated and that for this purpose the Ministry of Labour has transmitted them to the President of the Congress under cover of Communication No. 098-AIT-97 of September 1997.

The Committee is surprised that the Government does not mention in its report the Bills drafted during the recent ILO technical assistance mission. In these circumstances, the Committee is therefore bound to insist that the Government take the necessary measures with the utmost dispatch in order to bring the legislation and practice into conformity with the Convention. The Committee expresses the strong hope that the Government will supply information in its next report on all progress made in relation to the questions which have been raised for many years.

[The Government is asked to supply full particulars to the Conference at its 86th Session.]