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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(a) of the Convention. Information on national policy and legislation. In its previous comments, the Committee asked the Government to provide specific information on the implementation in practice of the “National foreign policy plan (PLANEX 2020)”, and particularly on any progress made regarding the adoption of migration legislation, and also on plans adopted at the local level and their impact. The Committee notes the Government’s statement in its report that on 6 February 2017 the Basic Act on Human Mobility (LOMH) came into force, governing the exercise of rights, obligations, institutional structures and mechanisms connected to “persons in situations of human mobility”. The Committee observes that this category includes emigrants, immigrants, people in transit and Ecuadorian returnees (section 1 of the Act). The Committee notes that the LOMH implements the principle of universal citizenship enshrined in the Constitution and recognizes a set of rights for Ecuadorian citizens abroad, Ecuadorian returnee migrants and foreign citizens in Ecuador, among others. The Committee notes in particular that the LOMH recognizes the entitlement of Ecuadorians abroad to send and receive remittances, to information, health, education and social security, and also the rights of association, access to justice and access to the plans, programmes and projects of the State abroad (section 5 et seq.). As regards social security, the LOMH provides that Ecuadorians abroad can affiliate to the Ecuadorian social security system on a voluntary basis and that the State shall promote the signing of international instruments enabling the portability of social security rights (section 20).

As regards institutional structures relating to human mobility, the Committee notes that the LOMH establishes a lead entity for human mobility responsible for protecting and ensuring observance of people’s rights with regard to human mobility and for formulating the necessary public policies, plans and programmes to achieve that, in conjunction with other state institutions (section 163). According to the LOMH implementing regulations, issued by Executive Decree No. 111 of 3 August 2017, policy on human mobility is the responsibility of the Ministry of Foreign Relations and Human Mobility (Foreign Ministry) (section 1 of the regulations). The Committee also notes that the LOMH provides that the competent labour bodies shall monitor observance of the labour rights of immigrants by public institutions and private companies. Accordingly, the Ministry of Labour shall issue the necessary regulations to monitor and penalize lack of observance of individuals’ human mobility rights (section 132). The Committee also notes the “National agenda for equality in human mobility (2013–17)”, which seeks to help guarantee the rights recognized in the Constitution for people on the move and accordingly establishes four components comprising 16 specific policies which address, inter alia, non-discrimination, regularization of immigrants, strengthening of institutional capacity for the effective protection of mobile persons, and access to health services, education, social security, housing and decent work. The Committee requests the Government to provide information on the application of the LOMH and the implementation of the “National agenda for equality in human mobility (2013–17)” and the impact thereof, and to continue providing information on all progress made regarding the adoption of migration legislation or policies.

Article 1(b). Special provisions on migration. Women migrant workers. The Committee notes the Government’s statement that, further to the promulgation of the Basic Act on national equality councils in 2014, five specialist councils were set up, including on equality in gender and human mobility, whose purpose is to promote, foster, protect and ensure respect for the right to equality and non-discrimination, and to participate in the formulation, mainstreaming, observance, follow-up and evaluation of public policies within their areas of thematic competence. The Committee also notes the information supplied by the Government regarding various measures taken to promote respect for the rights of women domestic workers, particularly an information campaign on their labour rights and various inspection initiatives involving home visits to monitor compliance with the regulations in force. Recalling the importance of gender mainstreaming in migration policies, the Committee requests the Government to continue providing information on the measures taken to ensure that women migrant workers also enjoy the rights established in the Convention, in particular any measures for women emigrant and immigrant workers adopted by the national equality councils. The Committee also requests the Government to send any available information on the living and working conditions of women migrant workers and the difficulties encountered.

Article 1(c). Information on general agreements and special arrangements. In its previous comments, the Committee asked the Government to continue providing information on the general agreements and special arrangements concluded by the Government. The Committee notes the Government’s information regarding the memorandum of understanding between the Government of Ecuador and the Government of Australia concerning “work and holiday visas”, signed in Sydney on 19 January 2017, whereby it is planned to grant up to 100 “work and holiday visas” for a temporary stay of 12 months. The Committee also notes the information provided by the Government on processes for the regularization of foreign citizens, including those of Haiti, Bolivarian Republic of Venezuela, Peru and the Dominican Republic, which it has been carrying out in recent years. The Committee requests the Government to continue providing information on the general agreements and special arrangements concluded by the Government.

Articles 2–4 and 7. Services and assistance for migrant workers. In its previous comments, the Committee asked the Government to provide information on the difficulties encountered by the Migrant Workers’ Unit and the Migrant Labour Offices in their work, and also on the assistance and information services which deal with issues particularly affecting women, including those arising from misleading information on employment opportunities and conditions of work. The Committee notes that, according to the provisions of the LOMH and its implementing regulations referred to by the Government in its report, the Foreign Ministry is obliged to provide assistance, inside the country and abroad, to the mobile Ecuadorian community, and formulate and implement programmes for the prevention of hazardous migration and for the inclusion of the community of foreign citizens in Ecuador. The Committee also notes the Government’s statement concerning the cooperation agreement with the International Organization for Migration, signed on 17 July 2015, proposing to strengthen institutional capacity in migration matters and, in particular, to develop and implement services for people on the move. The Committee further notes the setting up of the Directorate for the Integration of Returnee Migrants (DIMR), which has eight “returnee migrant integration units” within the eight area coordination offices. In this regard, the Committee observes that the LOMH establishes various rights for Ecuadorian returnee migrants, including: social and economic inclusion; approval, validation and recognition of studies abroad; placement in education; information about returning to the country; training, approval and certification of labour skills; and access to the retirement pension. To uphold these rights, the State will work towards signing international instruments regarding the portability of contributions for affiliated persons and the grant of retirement benefits at the place of residence (section 25 et seq.). The Committee notes the information provided by the Government regarding the various support programmes for returnee migrants which have been created, covering areas such as assisted return, business plans, job placement, credit and housing subsidies. The Committee further notes the information on the implementation of the “Welcome home” programme, which allows the tax-free import of household goods, vehicles and work equipment, and the special measures provided for in the technical regulations on public sector staff selection, with a view to facilitating the return to work for Ecuadorian migrants. The Committee requests the Government to supply information on the initiatives undertaken by the lead entity for human mobility to provide appropriate assistance and information for migrant workers. The Committee also requests the Government to supply information on the work of the Migrant Workers’ Unit, regarding migration flows between Ecuador and Spain, and the Migrant Labour Offices established under the Andean Instrument on Labour Migration, and the difficulties faced. The Committee also once again requests the Government to provide information on assistance and information services specifically for women migrant workers, particularly those aiming to counteract misleading information on employment opportunities and conditions of work. The Committee further requests the Government to continue providing information on assistance programmes relating to the return of migrant workers.

Article 6. Equal treatment. In its previous comments, the Committee asked the Government to provide specific information on the measures adopted by the Government through the various competent institutions to ensure the full application of the rights set out in Article 6 of the Convention. The Committee notes that the LOMH provides that foreign nationals in Ecuador have the right to responsible freedom of mobility and safe migration, information on migration, social participation and organization, access to justice under equal conditions for the protection of their rights, approval and recognition of studies undertaken abroad, work, social security and health (section 42 et seq.). The Committee also notes the information supplied by the Government on the functions of the Under-Ministry of Human Mobility, the National Council for Equality in Human Mobility, and the decentralized autonomous governments regarding the protection of migrants’ rights. The Committee further notes that the Council of the Judiciary has developed policies to prevent violence, mistreatment and/or sexual exploitation, and to ensure access to justice and protection for women victims of violence, irrespective of their migration status. Moreover, the Committee notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations, expressed concern at the negative perception of foreign nationals – especially Colombians, Peruvians, Cubans and Venezuelans, as well as nationals of various African and Asian countries – which persists in the country, as well as the xenophobia observed in relation to the population of Colombian origin (CMW/C/ECU/CO/3, 5 October 2017, paragraph 18). While noting the information provided by the Government, the Committee requests it to provide information on the specific measures taken to ensure that migrant workers who are legally in the country receive no less favourable treatment than that given to Ecuadorian nationals with regard to the rights established in Article 6 of the Convention, including information on the monitoring carried out by the Under-Ministry of Human Mobility and the National Council for Equality in Human Mobility. The Committee also requests the Government to send copies of any relevant court decisions and information on the number and nature of violations reported by the labour inspectorate. The Committee further requests the Government to supply information on any awareness-raising or other measures adopted to promote the application of the principles of the Convention.

Article 8. Maintenance of residence in the event of incapacity for work. In its previous comments, the Committee asked the Government to indicate the legal provisions establishing the right of migrant workers and the members of their families, both in the Andean region and in third countries, to maintain the right of permanent residence in the event of incapacity for work. The Committee notes the Government’s indication that, even though the LOMH does not explicitly establish the right of residence in the event of incapacity for work, incapacity is considered a case of force majeure or chance occurrence which does not correspond to the grounds laid down in section 68 of the Visa Cancellation or Revocation Act, and so the right of residence in the event of incapacity is protected. In this context, the Committee observes that, under section 64 of the LOMH, the accreditation of lawful means of living enabling the subsistence of the applicant person and his/her dependent family members is one of the preconditions for obtaining residence. The Committee requests the Government to provide detailed information on the application in practice of section 68 of the LOMH with regard to maintaining residence in the event of incapacity for work, as provided for in Article 8 of the Convention, including information on cases of visa cancellation or revocation registered by the competent authorities or examined by the courts on grounds of sickness or accident sustained by a migrant worker after being admitted to the country on a permanent basis. The Committee also requests the Government to clarify whether section 64 of the LOMH could entail the loss of the right of residence if a migrant worker did not have any means of subsistence as a result of incapacity for work.

Enforcement. The Committee notes that the LOMH provides for the setting up of a national integrated information system on human mobility (section 168). The Committee also notes the statistical information provided by the Government on migration flows (entries and exits) by nationality, sex and age group in 2016 and 2017. The Committee requests the Government to continue providing all available statistical information on migration flows into and out of Ecuador. The Committee also requests the Government to indicate whether any court decisions have been issued or any violations registered by the labour inspectorate involving questions of principle relating to the application of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(a) of the Convention. Information on national policy and legislation. The Committee notes that Ecuador continues to be mainly a country of emigration and that the Government has been adopting various measures with a view to strengthening its national policy on labour migration. The Committee notes in particular the National Foreign Policy Plan (2006–20) (PLANEX 2020), which envisages the improvement and updating of migration legislation and the conditions of migrant workers abroad, and the National Plan for Good Living (2009–12), one of the policies of which is to create the conditions for the productive and labour market reintegration of returning migrants and the protection of emigrants. The Committee also notes the plans and policies adopted at the local level by various municipal authorities according to the information provided by the Government to the United Nations (UN) Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW/C/ECU/CO/2, 15 December 2010, paragraphs 84 et seq.). The Committee requests the Government to provide specific information on the implementation in practice of PLANEX 2020, and particularly on any progress in the adoption of migration legislation, as well as on the plans adopted at the local level and their impact.

Article 1(b). Women migrant workers. Taking into account the significant number of women workers who emigrate from Ecuador, the Committee requests the Government to provide information on the specific measures adopted with a view to ensuring that they also benefit from the rights set out in the Convention. In particular, the Committee requests the Government to provide the information available on the living and working conditions of these women migrant workers and the difficulties encountered. The Committee further asks the Government to indicate the manner in which the issue of equality between men and women is introduced into migration policies.

Article 1(c). Information on general agreements and special arrangements. The Committee notes Interministerial Agreement No. 000054 of 26 July 2012 concluded by the Ministries of Foreign Affairs, Trade and Integration and Industrial Relations for the implementation of the Andean Labour Migration Instrument and the Permanent Ecuadorian Peruvian Migration Charter, adopted in October 2008, under the terms of which the migration status of many Peruvian migrant workers has been regularized. The Committee requests the Government to continue providing information on the general agreements and special arrangements concluded by the Government.

Articles 2 to 4 and 7. Services and assistance for migrant workers. The Committee notes that the Migrant Workers’ Unit (UTM) in the Department for Migration and Foreign Nationals has the objective of selecting and assisting the travel to Spain of Ecuadorian migrant workers in the framework of the “Agreement to regulate and organize migration between Ecuador and Spain”. The UTM is principally responsible for the registration and assessment of the background of workers hoping to migrate to Spain and for providing support to enterprises seeking and selecting workers. To provide a personalized service to applicants, the UTM has established offices in various cities in the country. Moreover, the Migrant Labour Offices, established under the Andean Labour Migration Instrument, implement migration policy in relation to Andean migrant workers, monitor their labour situation and working conditions, organize guidance and information campaigns on rights, policies and regulations, and exchange information with other member countries, among other activities. Article 18 of the Instrument provides for the requirement to establish administrative services to provide Andean migrant workers with the necessary information to travel to and remain in member countries, and also on vacancies and conditions of employment. The Committee requests the Government to provide information on the difficulties encountered by the Migrant Workers’ Unit and the Migrant Labour Offices in their work. The Committee also requests the Government to provide information on the specific functions carried out by the National Secretariat for Migrants (SENAMI) for the provision of adequate assistance and information to migrant workers, including both those who emigrate and those who return, with an indication in particular of the difficulties encountered. In this regard, the Committee requests the Government to provide information on assistance and information services addressing issues which particularly affect women, including those related to misleading information concerning employment opportunities and conditions of work. Please also provide information in particular on the “Welcome home” and “El Cucayo” plans intended for returning migrant workers.

Article 6. Equality of treatment. The Committee notes that article 9 of the Constitution provides that foreign nationals on Ecuadorian territory shall have the same rights and duties as nationals of Ecuador. The Committee requests the Government to provide specific information on the measures adopted by the Government through the various competent institutions, including the SENAMI, to ensure the full application of the rights set out in Article 6 of the Convention. The Committee also requests the Government to indicate the manner in which the labour inspectorate ensures compliance with the rights of migrant workers at the workplace and on any cases brought before the judicial authorities.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee requests the Government to indicate the legal provisions establishing the right of migrant workers and the members of their families, both in the Andean region and in third countries, who have the right of permanent residence to maintain that right in the event of incapacity.

Parts IV and V of the report form. The Committee notes that the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families refers to the establishment in future by the Government of the National System of Information on Migration (see CMW/C/ECU/CO/2, paragraph 17). The Committee requests the Government to provide information on any developments in this respect and on any statistical data available on migration movements from and to Ecuador, disaggregated by sex, nationality and sector of employment.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the adoption on 9 February 2009 of the new Constitution, which contains provisions concerning the protection of the human rights of migrant workers. The Committee also notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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.

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

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.

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

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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government. It requests the Government to supply information, in accordance with point V of the report form, on the practical application of the Convention with an indication of the number of foreign workers employed in the country and the results of the work of the labour inspection services.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's report (received in January 1989). It also notes the communication from the Ecuadorian Confederation of Class Organisations, received on 29 March 1989, transmitted by the ILO to the Government by a letter dated 28 April 1989. In its communication, the above Organisation expressed the wish that, in addition to applying the provisions of the Convention, the Government would also give effect to Decision No. 113 of 1988 concerning migrant workers, approved by the Cartagena Agreement (to which Bolivia, Colombia, Ecuador, Peru and Venezuela are parties).

The Committee hopes that it will be possible for the Government to provide information on this matter and on any new agreements concluded with other member States regulating matters of common interest. Please supply also information on the practical effect given to the Convention indicating, in particular, the number of foreign workers employed in the country, and the results of the work of the inspection service (point V of the report form of the Convention).