Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Ecuador (Ratification: 1954)

Articles 1(1), 2(1) and 25 of the Convention. Penalties for the exaction of forced labour, including trafficking in persons. As regards its previous request for information on the application in practice of section 190 of the Penal Code of 2005, which criminalized trafficking in persons, the Committee notes the information provided by the Government on a court decision handed down for the crime of trafficking for forced begging.

The Committee further notes that a new Penal Code was adopted in 2014. In this regard, the Committee notes the Government’s indication that the adoption of the new code aims at bringing national criminal legislation into conformity with internationally recognized standards and instruments ratified by Ecuador. The Committee notes with interest that section 105 of the Penal Code explicitly criminalizes the exaction of forced labour or other forms of labour exploitation, making it an offence punishable with ten to 13 years’ imprisonment. Additionally, the new code contains specific provisions criminalizing trafficking in persons (sections 91 and 92), sexual exploitation (section 100) and forced prostitution (section 101). The Committee also observes that, pursuant to section 93, victims of trafficking shall not be prosecuted or sanctioned for offences committed as a direct consequence of being trafficked. With regard to victim protection measures, the Committee notes the Government’s indication that a new Regulation for the Protection and Assistance of Victims and Witnesses was adopted in 2014 with a view to ensuring that individuals have access to effective protection and assistance measures, including measures to protect victims, witnesses and third parties from intimidation and retaliation, as well as measures to provide social, economic, medical and psychological assistance. The Committee requests the Government to provide information on the application in practice of section 105 of the Penal Code of 2014, as well as the sections governing trafficking in persons and related offences, indicating, in particular, the number of judicial proceedings initiated, the number of convictions and the specific penalties applied. The Committee encourages the Government to pursue its efforts to ensure that appropriate protection and assistance is provided to all victims of forced labour, including victims of trafficking, and to provide information on the steps taken to this end and the concrete results achieved.

Measures targeted at vulnerable groups. With regard to its previous comments concerning measures targeted at vulnerable workers, in particular migrant workers, the Committee notes the Government’s indication that a campaign entitled “Decent Work” (Trabajo Digno) has been developed in order to raise awareness of domestic and migrant workers on their rights. The Committee also notes the statistical information provided by the Government on the number of workers whose employment and migration statuses have been regularized between 2007 and 2010 by virtue of a bilateral cooperation agreement signed with the Government of Peru in 2006 and which, in 2011, was replaced by a “Permanent Statute on Migration for Ecuador and Peru”. The Government also refers to Decision No. 545 on “Andean Labour Migration”, which establishes standards to facilitate the free circulation of citizens of the Andean Community for purposes of labour migration. The Committee encourages the Government to continue to take measures to ensure that migrant workers, including migrant domestic workers, are fully protected from abusive practices and conditions that amount to forced labour, and to provide information on the steps taken and concrete results achieved in this regard.

Article 2(2)(c). Prison labour. The Committee notes that, pursuant to section 702 of the new Penal Code (2014), work constitutes a fundamental element for the rehabilitation and social reintegration of convicts. The same provision establishes that prison labour shall not be applied as a corrective measure. The Committee also observes that, under section 12(4), the work of convicts may be performed in the context of associations for productive and commercial purposes. In this regard, the Committee recalls that compulsory work or services exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two conditions are met, namely: that the said work or service is carried out under the supervision and control of a public authority, and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. However, work by prisoners for private enterprises can be held compatible with the Convention where such work is not compulsory, but is carried out with the formal, informed and freely given consent of the persons concerned. Furthermore, in view of the setting of captivity, certain factors are required in order to authenticate or confirm the giving of such consent. The Committee considers that the most reliable indicator of consent to work is that the work is performed under conditions which approximate to those of a free employment relationship, particularly in terms of remuneration, occupational safety and health and social security. The Committee therefore requests the Government to provide information on the provisions governing the work of convicted persons, indicating, in particular, whether the legislation in force allows the work of prisoners to be carried out for private enterprises. In the affirmative, the Committee requests the Government to indicate how it is ensured that such work is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating those of a free labour relationship.