Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report and observes that it does not contain specific information on the legislative measures that are under examination. The Committee also notes the observations made by the International Trade Union Confederation (ITUC) referring to issues that are under examination by the Committee, particularly in relation to the exercise of the right to strike and the repression by the police and the army of a demonstration organized by the trade union confederations and a strike in the banana sector on 11 February 2006. The Committee requests the Government to provide its comments in this respect and on the observations made by the International Confederation of Free Trade Unions (ICFTU, now ITUC), which it noted in its previous observation.

Pending matters

The Committee recalls that for many years its observations have been referring to the following matters:

–           the need to reduce the minimum number of workers (30) required to establish associations, works committees or assemblies to organize works committees (sections 450, 459 and 466 of the Labour Code);

–           the need to amend section 60(g) of the Civil Service and Administrative Careers Act prohibiting the establishment of unions so as to ensure that public servants have the right to establish organizations to further and defend their occupational and economic interests. The Committee notes with interest the abolition of this prohibition by virtue of the adoption of the codified version of the Framework Act respecting civil service and administrative careers and the unification and standardization of public sector remuneration. The Committee requests the Government to provide information on the number of associations which have been established to further and defend the interests of public servants, the sectors covered and the approximate number of members under the terms of the recently adopted codified version of the Framework Act respecting civil service and administrative careers and the unification and standardization of public sector remuneration, which amends section 60(g) of the Civil Service and Administrative Careers Act;

–           the need to amend article 35(10) of the Political Constitution, which prohibits the stoppage on any grounds of public services which may not be considered essential in the strict sense of the term (education, social security, the refining, transport and distribution of fuel and public transport). The Committee also notes that section 26(9) of the codified version of the Framework Act respecting civil service and administrative careers and the unification and standardization of public sector remuneration, which was adopted recently, lays down the same prohibition;

–           the need to amend section 522(2) of the Labour Code respecting the determination of minimum services by the Ministry of Labour in case of disagreement between the parties in the event of a strike;

–           the implicit denial of the right to strike by federations and confederations (section 505 of the Labour Code);

–           the imposition of prison sentences for participation in illegal work stoppages or illegal strikes (Decree No. 105 of 7 June 1967); and

–           the requirement to be of Ecuadorian nationality to serve as a trade union officer (section 466.4 of the Labour Code).

Noting that it has been commenting on these provisions for many years, the Committee hopes that the Government will take the necessary measures in the near future to bring the legislation into full conformity with the Convention. The Committee requests the Government to keep it informed of any development in this respect.

Draft constitutional reform

The Committee notes the Government’s indication that the Minister of Labour and Employment announced that draft provisions would be presented to the President for inclusion in the new Political Constitution of the Republic in the section on “Labour” for analysis and possible submission for consideration by the Constituent National Assembly. The Government is facilitating the passage of the draft text, section 32(11) of which maintains the prohibition set out in the current Constitution which has been criticized by the Committee relating to the exercise of the right to strike in non-essential public services. The Committee reiterates its previous comments. The Committee requests the Government to keep it informed of developments relating to the draft text of the new Political Constitution and expresses the hope that it will be in full conformity with the provisions of the Convention.

Draft reform of the Labour Code

The Committee was informed previously of the existence of a draft text to reform the Labour Code which had been formulated with ILO assistance. The Committee understands that the examination of this text is suspended in view of the constitutional reform process. In these circumstances, the Committee requests the Government to keep it informed of developments relating to this draft legislation.

Finally, the Committee reminds the Government that, in the context of the current legislative and constitutional reforms, it may benefit from ILO technical assistance with a view to ensuring the conformity of the reforms with the Convention.