Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention. Information on national policy and legislation. The Committee notes with interest that Ecuador has ratified the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families (1990). The Committee also notes that, according to the paper on Ecuador’s migration policy drawn up in July 2007 by the Ministry of External Relations, Trade and Integration, Ecuador’s migration policy is based on respect for the human rights of migrant workers, regardless of their migratory status and without any form of discrimination on the basis of nationality, ethnic origin, gender or age, and also giving particular attention to the status of migrant women and unaccompanied minors. Furthermore, the Committee notes that international migration is an integral part of the country’s development plans, such as the National Plan for Foreign Policy 2006–20, the National Plan for Social, Productive and Environmental Development (PALESPE 2007–10) and the government agenda on migration and development. In this regard, the Committee also notes the project on “Strengthening institutions dealing with migration for the further development of the countries of the Andean region”, which is being carried out in cooperation with the ILO in order to improve the management of migration flows between Spain and the Andean countries. The Committee requests the Government to supply copies of the National Plan for Foreign Policy 2006–20, the National Plan for Social, Productive and Environmental Development (PALESPE 2007–10) and the government agenda on migration and development. The Committee would also be grateful if the Government would supply detailed information on any measures taken or contemplated in this regard in the context of the development plans and the abovementioned project on “Strengthening institutions dealing with migration”.

Article 1(c). Information on general agreements and special arrangements. The Committee notes that, according to the paper mentioned above, Ecuador’s migration policy is geared to the regularization of migration flows and this framework includes the Regularization Agreement signed with Peru in 2007 and the Agreement signed with Spain in 2001 on the regularization and control of migration flows. In addition to these instruments, Decision No. 545 “Andean Instrument for Labour Migration” seeks to progressively achieve the free movement of Andean nationals for the purposes of work in an employment relationship in the region. The Committee also notes that the regulations for implementing this decision are currently being drawn up. The Committee requests the Government to supply a copy of the regulations for the implementation of the Andean Instrument for Labour Migration once they are adopted.

Articles 2, 4 and 7. Services and assistance for migrant workers. The Committee notes that the Department of Labour Migration is responsible for maintaining a free assistance service to migrant workers. The Committee refers to Paragraphs 5 and 10 of the Migration for Employment Recommendation (Revised), 1949 (No. 86), and requests the Government to supply information on the specific activities undertaken by the Department of Labour Migration. The Committee also invites the Government to supply information on any relevant initiatives taken by the Technical Unit for the Selection of Migrant Workers (UTSTM) – established under the Agreement on the regularization and control of migration flows – and the Department of Labour Migration – referred to by the Andean Instrument on Labour Migration.

Article 6. Equal treatment. The Committee notes that the Labour Code applies equally to migrant workers and national workers, which, according to the Government, ensures the observance of Article 6 of the Convention. However, the Committee draws the Government’s attention to the fact that legislative provisions are not sufficient in themselves to ensure that migrant workers receive equal treatment to that enjoyed by nationals. States are under the general obligation to ensure that the legislation is applied in practice, particularly by means of labour inspection services or other supervisory authorities (1999 General Survey on migrant workers, paragraph 371). Furthermore, the Committee wishes to emphasize that it is essential to ensure that migrant workers have access to the national courts on the same terms as national workers. The Committee therefore requests the Government to supply detailed information in its next report on the application in practice of the principle of equal treatment for both migrant and national workers, including on any complaints brought before the judicial authorities and the outcome thereof, and also any relevant results of the activities of the labour inspection services.

Female migrant workers. The Committee notes Ecuador’s migration policy, which gives particular attention to the status of female migrants. The Committee also notes that, in relation to the protection of female migrant workers, the Government’s report refers to the “Plan on equal opportunities in public policy 2005–09”. The Committee requests the Government to clarify the impact of this Plan on the promotion of the rights of female migrant workers, and to supply information on the measures taken to ensure that the issue of gender equality is taken into account in all migration policies.

Article 8. Maintaining the right of residence in the event of incapacity for work. The Committee notes that migrant workers admitted on a permanent basis to the country and their family members do not lose the right of residence in the event that they become unable to work owing to illness or injury that occurs subsequent to entry, on condition that they are entered in the foreigners’ register of the Consular Department of the Ministry of External Relations. The Committee requests the Government to indicate the legal provisions under which the right to residence of migrant workers is maintained in the event of incapacity for work and to supply information on their application in practice, including with regard to any relevant complaints brought before the judicial or administrative authorities. Please also indicate whether migrant workers maintain their right of residence even in cases where they or their families represent a burden on public funds in cases of incapacity for work.

Parts IV and V of the report form. Practical information. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services, information on the number and nature of infringements reported and any other information relating to the application of the Convention in practice. Please also indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the texts of these decisions. The Committee also requests the Government to continue providing statistics on the migration flows of Ecuadorian nationals abroad and also statistical information on the migrant working population in the country, disaggregated by sex.