Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Migration for Employment Convention (Revised), 1949 (No. 97) - Ecuador (Ratification: 1978)

1. The Committee notes the information supplied in the Government’s report.

2. In its General Survey of 1999 on migrant workers, the Committee noted that since adoption of the Convention, the extent, direction and nature of international labour migration has undergone significant changes (see paragraphs 5-17 of the General Survey). The Committee therefore requests the Government to supply copies of any new legislative or regulatory texts that have been adopted as well as updated information on its policy in relation to emigration and immigration, in reply to the questions contained in the report form on the Convention. The Committee would also be grateful if the Government would indicate in what way contemporary trends in migratory flows have had an impact on the content and application of its policy and national legislation regarding emigration and immigration. The Committee requests the Government to supply statistical data on the number of Ecuadorian nationals who work abroad and in which places, as well as the origin of foreigners working in Ecuador.

3. Article 8. As this provision was one of the most frequently invoked by governments because of the difficulties of application it raised, according to the General Survey (paragraphs 600-608), the Committee requests the Government to supply more information on the practical application of maintaining right of residence in the event of incapacity to work of migrant workers admitted on a permanent basis.

4. The Committee notes the information supplied by the Government on the application in practice of its policy of equality of treatment between national workers and migrant workers. Recalling that under Article 6, paragraph 1, of the Convention, each State that has ratified the Convention undertakes to apply, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in (a) to (d) of the Article, the Committee would be grateful if the Government would indicate the measures adopted or envisaged to guarantee that female migrant workers are treated on a footing of equality with male workers, whether or not foreign, in respect of working and living conditions, social security, taxation connected with employment and access to justice, taking into account the increasing feminization of migrant labour (see paragraphs 20-23 and 658 of the General Survey). Considering furthermore that the number of foreign workers in an enterprise may not exceed 20 per cent, the Committee would be grateful if the Government would indicate whether in Ecuadorian legislation there exist other quotas or restrictions concerning migrant workers’ working conditions.

5. Finally, the Committee requests the Government to supply the results of pertinent labour inspection activities. Please also indicate all difficulties of a practical nature encountered in application of the Convention and indicate whether ordinary or other courts of law have handed down decisions on matters of principle concerned with application of the Convention. If so, please supply the text of these decisions.