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

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Ecuador (Ratification: 1978)

With reference to its previous comments, the Committee notes the information supplied by the Government in its reports received in January and November 1997, and, in particular, that concerning rehabilitation measures provided to disabled persons by the Ecuadorean Institute of Social Security (IESS) (Article 13 of the Convention).

Part I (General provisions), Article 4, paragraphs 2 and 3, of the Convention. The Committee recalls that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention, concerned in particular employees in the agricultural sector. These employees were later on incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986 supplied by the Government. It would like the Government to indicate in its next report whether agricultural workers covered by the special compulsory agricultural insurance are entitled to the same old-age, invalidity and survivors' benefits as provided for other categories of workers under the general scheme, and, if not, to explain the nature and the level of the benefits granted to them. Finally, the Committee hopes that, pursuant to the assurances given by the Government, it would be able to include in its next report the statistical information requested in the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, of the Convention (questions D or E), indicating in addition the number of agricultural employees covered under each branch.

Part V (Standards to be complied with by periodical payments), Articles 26 and 27 in conjunction with Articles 10, 17 and 23 (amount of benefits) and with Article 29 (Review of benefits). The Government once again regrets not being able to compile the statistical information requested in the report form adopted by the Governing Body under these Articles of the Convention. In this situation, the Committee cannot but point out that the continuing absence of such information makes it impossible to ascertain whether the amount of the invalidity, old-age and survivors' benefits attains the level prescribed by the Convention, nor to assess the real impact of the pension increases, if any, in relation to changes in the general level of earnings or the cost-of-living index. The Committee is thus unable to assess the observance by Ecuador of the obligations it has assumed to guarantee under the said social security benefits at the level provided for in the Convention. The Committee urges the Government to do all in its power to compile the statistical information in question, having recourse to the technical assistance of the ILO if need be, and to supply it in its next report.

Part VI (Common provisions), Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee expressed the hope that, in view of existing practice, it would not be difficult for the Government to insert into the national social security legislation, when it is next revised, an express provision guaranteeing the right of an insured person to be represented by a person of his choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. In reply, the Government states that it intends to take account of this suggestion in the next codification of the statutes of the IESS. The Committee asks the Government to indicate any progress achieved in this respect. In the meantime, it once again asks the Government to provide an example of the form handed out by the social security institution, where the complainant could write down the wish to be represented by a chosen person in the resulting administrative procedure, to which the Government refers in its report.