Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ecuador (Ratification: 1962)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2, 3 and 5 of the Convention. National gender equality policy. The Committee notes the Government’s indication in its report that, with a view to promoting equality of employment conditions for men and women and eliminating the historical inequalities which undermine the rights of women, the Ministry of Labour is taking action to promote the access of women to the world of work without discrimination and under equal conditions. More specifically, it refers to: (1) the signature in 2021 of a Memorandum of Understanding with UN Women and the adoption in 2022 of a Work Plan for 2022-23 which addresses, among other issues, the employability of women from a gender perspective, the elimination of gaps in the world of work, the implementation of the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), 2019, and the launch of a strategic communication campaign; (2) the drafting of the “Violet Economy” Public Policy for the economic rights and a life free from violence for women, with the objective of contributing to the reduction of gender inequality between men and women in the economic, labour, family and social fields (the Policy envisages three strategies: promoting access to credit, productive resources and markets, and increasing resilience in adversity; reducing the barriers faced by women in gaining access to and remaining in the labour market; and developing alternatives for women in the economic sectors most affected by the pandemic); (3) within the framework of the Policy, the promotion of the Violet Prize for Good Enterprise Practices; and (4) with the cooperation of the Inter-American Development Bank (IDB), a study will be commenced on the evaluation, efficiency and effectiveness of public expenditure on human resources management to determine whether parity and equal conditions exist for the recruitment of men and women, including in higher-level positions in the public administration. The Committee takes due note of these initiatives. The Committee requests the Government to provide information on the impact of all these measures in practice, including statistical data disaggregated by gender.

National equality policy. Afro-Ecuadorian, indigenous and Montubio peoples. The Committee notes with interest that the Technical Standard for the Application of the Principle of Preferential Employment established in the Basic Act for the Comprehensive Planning of the Special Amazonian Territorial Constituency was issued by Ministerial Decision No. MDT-2021-220, of 18 August 2021, with the objective of the appropriate application of the right to preferential employment, the public inclusion of persons born or resident in Amazonia or belonging to Amazonian peoples and nationalities in recruitment or public merit-based competitions for public and private sector establishments. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) which, while welcoming the progress made by the State party in improving the right to education of Montubio, Afro-Ecuadorian and indigenous peoples, expresses concern that there are still significant disparities in access to higher education, primarily affecting Montubio, Afro-Ecuadorian and indigenous peoples and migrants. The CERD recommends the State party to redouble its efforts to ensure the availability, accessibility and quality of education for Montubio, Afro-Ecuadorian and indigenous peoples and migrants, especially in higher education (CERD/C/ECU/CO/23-24, 15 September 2017, paragraphs 26 and 27). The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it recommends the Government to strengthen measures to eliminate occupational segregation, enhance access by women, including migrant women, Ecuadorian women of African descent, Montubio women, women belonging to ethnic minority groups, indigenous women and women with disabilities, to formal employment, and encourage women and girls to choose non-traditional career paths (CEDAW/C/ECU/CO/10, 24 November 2021, paragraph 32(d)). The Committee requests the Government to provide information on the progress achieved in relation to the access to employment of the groups of women workers concerned in accordance with the Ministerial Decision referred to above and any other measures adopted in this respect.

HIV and AIDS. The Committee notes the information provided by the Government on the measures set out in the legislation which prohibit discrimination in employment against persons affected by HIV, and particularly: (1) Ministerial Decision No. MDT-2020-244, of 25 November 2020; and (2) the Protocol for the Prevention and Resolution of Cases of Discrimination, Labour Harassment and/or Any Form of Violence against Women in Workplaces in the public and private sectors (2021), which covers cases of violence and harassment on grounds of gender and HIV. The Committee requests the Government to provide information on the impact in practice of the provisions in force respecting labour discrimination against persons affected by HIV and AIDS including, for example, if they are available, statistics on the number of complaints received on the subject and the action taken thereon.

Enforcement. The Committee notes that the Ministry of Labour is engaged in a continuous process of the prevention of discrimination based on any particular condition and that awareness-raising workshops are being undertaken to promote equality and equity in employment and occupation. The Committee also notes that the Ministry of Labour received 49 complaints of labour discrimination during the period between 2019 and 2022. The Committee requests the Government to:

• (i)indicate the nature and follow-up action on the complaints received (the findings of the investigations carried out, penalties imposed and any compensation granted); and
• (ii)provide statistical information on the employment of Afro-Ecuadorian, indigenous and Montubio peoples by type of work and occupational sector, disaggregated by sex.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Grounds of discrimination in employment and occupation. The Committee notes the Government’s indication in its report that: (1) it is aware that fundamental changes are required in the field of labour legislation in general; and (2) on the basis of the National Opportunities Plan 2021–2025, a national debate has been launched, with the participation of civil society, workers, employers and academics, to develop consensual proposals for reforms of the current Labour Code, with a more integrated vision which takes into account the content of broader legislative frameworks. The Committee expresses the firm hope that the necessary measures will be taken without delay for the inclusion in the legislation of provisions prohibiting both direct and indirect discrimination based on at least all of the grounds envisaged in Article 1(1)(a) of the Convention in relation to access to employment, vocational training and promotion.

Discrimination on the basis of sex. Sexual harassment. With reference to its previous comments, the Committee notes the information provided by the Government: (1) on the adoption of Ministerial Decision No. MDT-2017-0082 of 11 May 2017, containing the Standard for the Eradication of Labour Discrimination; (2) that the Ministry of Labour is revising Ministerial Decisions Nos MDT-2017-0082 and MDT-2020-244 with a view to including the criteria set out in Article 1(b) of the Violence and Harassment Convention, 2019 (No. 190), which Ecuador ratified in 2021; and (3) on the adoption of the Comprehensive Basic Act to Prevent and Eradicate Violence against Women, of 5 February 2018, which considers sexual harassment to be sexual violence. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it calls on the Government to ensure the effective implementation of the provisions of the Comprehensive Basic Act to Prevent and Eradicate Violence against Women and sections 141 and 142 of the Comprehensive Basic Criminal Code by allocating the necessary resources and providing systematic and recurrent training to judges, prosecutors, the police and other law enforcement officers on their strict enforcement and the strengthening of measures to prevent, combat and punish all forms of gender-based violence against women (CEDAW/C/ECU/CO/10, 24 November 2021, paragraph 22(a)). Accordingly, while noting these legislative and administrative initiatives, the Committee recalls the importance of adopting effective measures to prohibit sexual harassment at work. The Committee trusts that the Government will adopt without delay the measures within its power for the integration into the labour legislation, including the Ministerial Decisions referred to above, of a provision which defines and clearly prohibits sexual harassment (see the 2012 General Survey on the fundamental Conventions, paragraphs 789–794).

Moreover, with regard to complaints of discrimination which include cases of sexual harassment, the Committee notes the Government’s indication that between January 2019 and June 2022 the Ministry of Labour or Directorates of Labour and the Public Service and their national delegations received: (1) 144 complaints relating to the private sector; and (2) 420 complaints in the public sector. The Government adds that the significant difference between complaints in the public and private sectors is due to the Ministry of Labour undertaking various initiatives since 2019 to increase visibility of structural inequalities and violations of labour rights which have promoted the effective enjoyment of labour rights. The Committee takes note of these initiatives. The Committee requests the Government, in cooperation with workers' and employers’ organizations, to continue taking measures to prevent sexual harassment in employment and occupation in both the private and public sectors. The Committee requests the Government to continue providing information on the number of complaints received, and on the number and type of penalties imposed and the compensation granted.

Lastly, the Committee recalls that for several years the Government has been referring to a possible amendment of the Labour Code to address the issues raised, which has not been adopted in practice. The Committee considers that the legislative measures that it has been calling for to give full effect to the Convention should not remain pending while awaiting a possible revision of the Labour Code.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2 of the Convention. National equality policy. The Committee recalls that article 156 of the national Constitution of 2009 provides for the creation of national equality councils responsible for ensuring the preparation, observance, monitoring and evaluation of public policies relating to gender issues and ethnic, generational, intercultural and disability issues. The Committee notes the new Basic Act on National Equality Councils of 2014, section 6 of which creates five national equality councils in the areas of gender, generational issues, peoples and nationalities, disabilities, and human mobility. The Committee also notes that, under section 9 of the Act, the functions of the national councils include: (i) formulation and evaluation of the “National Plan for Good Living”; (ii) action in response to complaints; (iii) participatory construction of “equality agendas”; and (iv) follow-up and evaluation of affirmative action policies. However, the Government indicates that the joint nature of the structure of the national equality councils with members of civil society presupposes a regulatory and organizational network which is under construction. The Committee notes the new National Plan for Good Living 2013–17. The Committee requests the Government to provide information on the specific measures adopted by the national equality councils, once they are functioning, for implementing the national equality policy and on their impact on employment and occupation. In particular, the Committee requests the Government to provide information on the evaluation of the affirmative action policies which have been implemented and also on the action taken by the various national equality councils in response to complaints. The Committee also requests the Government to provide information on the impact of the measures taken in the context of the National Plan for Good Living 2009–13 and on the implementation of the National Plan for Good Living 2013–17, including the activities and policies implemented in that context and the results achieved in relation to the various grounds of discrimination set out in Article 1(1)(a), as well as additional grounds as envisaged in Article 1(1)(b) of the Convention.

National gender equality policy. The Government indicates in its report that it has made progress in maternity and paternity protection at work and that the national equality council on gender has established various measures and policies relating to gender equality, including the participation of women in the police and armed forces, the recognition of work done by caregivers at home (through the new Basic Act on Labour Justice and Recognition of Work at Home, of 20 April 2015) and combating sexism and racism in the media (through the new Basic Communication Act, of 25 June 2013). The Committee also notes the Government’s indication that 93.8 per cent of urban women have a job, but only 43.5 per cent of women have adequate employment. Moreover, the Committee notes that the Government, in its report to the Committee on the Elimination of Discrimination against Women (CEDAW/C/ECU/8-9, 27 February 2013, Annex 9, page 1), indicated that the national equality council on gender had conducted various activities, including establishing agreements and round tables for inter-institutional coordination, implementing strategies, holding seminars and organizing courses for public servants. Despite these measures, the Committee notes the concluding observations of CEDAW, in which it expresses its concern at the de facto and inter-sectoral discrimination faced by indigenous, Afro Ecuadorian and Montubio women, women with disabilities, migrant women, women asylum-seekers and refugee women (CEDAW/C/ECU/CO/8-9, 11 March 2015, paragraph 10). The Committee requests the Government to continue sending detailed information on the measures and activities implemented to promote women’s access to the labour market on equal terms, in both the public and private sectors. The Committee also requests the Government to provide information on the impact of such measures, including statistical information enabling it to evaluate the impact on employment and occupation of indigenous, Afro-Ecuadorian and Montubio women, women with disabilities, migrant women, women asylum-seekers and women refugees.

HIV and AIDS. The Committee notes that the Ministry of Labour is part of the network of advocates for the rights of persons living with HIV and that this new mechanism, which seeks to train and empower various social players in defending the rights of this population group, held its first workshop in June 2015, which was attended by officials from various departments. The Committee also notes that the Ministry of Labour held a workshop on access to, and the sustainability of, employment designed for persons living with HIV with a view to improving their employability. The Committee requests the Government to continue providing information on the implementation of measures relating to the prevention of discrimination against persons affected by HIV and AIDS. The Committee also requests the Government to provide information on any judicial or administrative action related to discrimination on the grounds of real or supposed HIV status.

Article 5. Affirmative action measures. Afro-Ecuadorian, indigenous and Montubio peoples. The Committee recalls that, according to the 2012 Ministerial Decision on the public sector personnel recruitment and selection subsystem and the 2009 Plurinational Plan to eliminate racial discrimination and ethnic and cultural exclusion, the state institutions covered by the Basic Public Service Act are required to give additional points to Afro-Ecuadorian, indigenous and Montubio applicants for positions in the public service. The Committee notes the Government’s indication that 511 Afro-Ecuadorians, 462 indigenous persons and 487 Montubios, with almost equal numbers of men and women, benefited from this measure, but it is unclear whether these figures relate to a specific year or to the whole period since the adoption of the measure. Despite this progress, the Government indicates that obstacles remain and that it will take time to resolve and that the rate of exclusion from adequate employment for indigenous persons and Montubios is still between 67 and 72 per cent. In addition, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD), in which it expressed its concern at the persistent poverty and marginalization of Afro-Ecuadorians and Montubios and at ongoing discrimination against them in the enjoyment of their rights, including access to employment and public office. CERD also expressed its concern at indigenous peoples’ high illiteracy rates and difficulties in gaining access to schooling, including higher education, to which only 4.9 per cent of the indigenous population has access (CERD/C/ECU/CO/20-22, 24 October 2012, paragraphs 20 and 22). The Committee requests the Government to continue implementing affirmative action measures for Afro-Ecuadorian, indigenous and Montubio peoples and to provide information on the impact of these measures on access to the labour market for these groups of workers. The Committee also requests the Government to send information on the measures taken to promote affirmative action for these peoples in the private sector.

Parts III–V of the report form. The Committee notes the statistical information supplied by the Government in relation to labour market indicators by region and sex. The Committee also notes the Government’s indications that labour inspectors conducted a total of 26,554 inspections in 2014. The Committee requests the Government to continue providing statistical data on employment, disaggregated by ethnic origin and sex, including information on the participation of Afro-Ecuadorian, indigenous and Montubio peoples in employment. The Committee also requests the Government to provide information on the number and nature of infringements of the legislation on non-discrimination detected by labour inspectors or reported to the latter, and also on compensation awarded and penalties imposed. Observing that it has not replied to its previous request, the Committee further requests the Government to send information on any judicial or administrative decisions relating to the application of the Convention.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. The Committee notes with interest that the regulations issued under the Cooperatives Act, pursuant to which married women require the authorization of their husbands to be members of agricultural housing and family vegetable garden cooperatives, were repealed by the Basic Act on the social and solidarity economy and the social and solidarity financial sector of 11 May 2011. The Committee observes, however, that the Government has not sent any information on progress made with regard to the adoption of the new Labour Code. The Committee requests the Government to take the necessary measures to include a provision in the new Labour Code prohibiting both direct and indirect discrimination based on at least all of the grounds set out in Article 1(1)(a) of the Convention in respect of access to employment, vocational training and guidance and terms and conditions of employment for all workers, including domestic workers and workers in export processing zones.

Sexual harassment. The Committee recalls its previous observations noting that sexual harassment is addressed only under the Penal Code, and inviting the Government to take appropriate legislative measures to define and prohibit sexual harassment in employment and occupation. The Government refers to article 331 of the Constitution, which prohibits harassment or violence against women at work and indicates that the Committee’s observations will be taken into account in any reform of the Labour Code. The Committee recalls that the definition should include both quid pro quo and hostile environment harassment, define those responsible for harassment, such as employers, supervisors and work colleagues and, where possible, clients or other persons linked to the performance of work (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794). The Committee once again requests the Government to take the necessary measures to include a provision in the Labour Code defining and clearly prohibiting sexual harassment. It requests the Government to consider including a requirement for employers to adopt measures to prevent sexual harassment in the workplace. The Committee also requests the Government to provide information on any other measures adopted with a view to preventing sexual harassment. It further requests the Government to provide information on the number of complaints of sexual harassment at work that have been brought before the administrative or judicial authorities, the penalties imposed and compensation awarded, and also copies of the most relevant rulings issued.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 2 of the Convention. National equality policy. The Committee referred previously to the adoption of the new Constitution in September 2009. The Committee notes that article 156 establishes national equality councils responsible for ensuring the preparation, observance, monitoring and evaluation of public policies relating to gender issues and ethnic, generational, intercultural and disability issues, for which purpose they are to coordinate with the specialized national agencies. These councils are to be composed on an equal footing of representatives of civil society and the State. The Committee also notes the National Plan for Good Living 2009–13, one of the objectives of which is to promote equality without discrimination on the basis of sex, ethnic origin, social level, religion, sexual orientation or place of origin. The Committee requests the Government to provide information on the establishment of national equality councils and their areas of competence, as well as on the difficulties encountered in the discharge of their functions. The Committee also asks the Government to provide information on the implementation of the National Plan for Good Living 2009–13, the activities and policies implemented in that context and the results achieved in relation to the various grounds of discrimination set out in Article 1(1)(a), as well as additional grounds as envisaged in Article 1(1)(b) of the Convention.

National gender equality policy. The Committee notes that article 65 of the national Constitution provides that the State shall promote the equal representation of women and men in the public service, in its managerial and decision-making bodies and in political parties and movements. Article 70 provides that the State shall declare and pursue policies for the achievement of equality for women and men through a specialized mechanism, and shall incorporate gender mainstreaming in plans and programmes. The National Plan for Good Living 2009–13 also calls for gender equality and the Basic Act on citizens’ participation provides for gender parity through affirmative action. The Government has provided data on the increase over recent years of the participation by women in public life, and in positions elected by popular vote. The Committee requests the Government to provide specific information on the measures and action taken in accordance with the above policies and plans, with an indication in particular of their impact on improving the access of women to both the public service and to employment in the private sector. Please indicate the manner in which national equality councils contribute to gender equality and the access of women to employment.

HIV and AIDS. The Committee notes the measures adopted under the Multisectoral Strategic Plan for the National Response to HIV/AIDS 2007–15, which include training for labour inspectors in 2009 on the adoption of procedures to address discrimination affecting persons living with HIV, and training for young persons participating in the public programme “My First Job” in 2010 and 2011. The Committee requests the Government to continue providing information on the implementation of measures to prevent discrimination against persons living with HIV. The Committee also requests the Government to provide information on any judicial or administrative action relating to discrimination on the grounds of actual or perceived seropositive status.

Article 5. Affirmative action measures. Afro–Ecuadorian, indigenous and Montubio peoples. The Committee notes the action taken by the Ministry of Industrial Relations to promote the access of Afro–Ecuadorian, indigenous and Montubio (mestizo) peoples to employment in the public sector, which include affirmative action measures, such as those envisaged in the Ministerial Decision on the public sector personnel recruitment and selection subsystem for 2012. The Committee also notes that, in accordance with the Plurinational Plan to Eliminate Racial Discrimination and Ethnic and Cultural Exclusion of 2009, the State institutions covered by the Basic Public Service Act are required to give additional points to Afro–Ecuadorian indigenous and Montubio applicants for positions in the public service. The Committee requests the Government to provide information on the impact of these measures on the participation of Afro–Ecuadorian, indigenous and Montubio peoples on the labour market. The Committee also requests the Government to indicate the mechanisms and procedures for the implementation of affirmative action measures to promote the participation of all those in a situation of inequality, as envisaged in section 3 of the Basic Act on the participation of citizens and their impact on the integration of Afro–Ecuadorian, indigenous and Montubio peoples.

Parts III to V of the report form. The Committee notes the statistical data provided by the Government on the activity level by ethnic origin and sex. The Committee also notes the training activities carried out for young persons, the unemployed, informal economy workers, persons with disabilities, and the labour market integration measures for the latter. The Government also provides information on the increase in the number of inspectors at the national level. The Committee requests the Government to continue providing statistical data on employment, disaggregated by ethnic origin and sex, and on the action taken in relation to the application of the Convention by the labour inspectorate. Please provide information on any judicial or administrative decisions relating to the application of the Convention.

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

Article 1 of the Convention. In its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee noted the reform process of the Labour Code. Moreover, the Committee has been referring for a number of years to the need to amend section 17(b) of the Regulations issued under the Cooperatives Act, pursuant to which married women require the authorization of their husbands to be members of agricultural housing and family vegetable garden cooperatives. The Committee notes that, according to the Government, the Constitution as the highest norm, prohibits any type of discrimination. The Committee requests the Government, with a view to ensuring that section 17(b) of the Regulations issued under the Cooperatives Act does not lead to discrimination against women, and to achieve greater legislative coherence, to take the necessary measures to repeal section 17(b) of the Regulations. The Committee hopes that the Labour Code will be adopted in the near future, and asks the Government to take the necessary measures to include in the Labour Code a provision prohibiting both direct and indirect discrimination based on at least all of the grounds set out in Article 1(1)(a) of the Convention in respect of access to employment, vocational training and guidance and terms and conditions of employment for all workers, including domestic workers and workers in export processing zones.

Sexual harassment. The Committee recalls its previous observations, noting that sexual harassment is addressed only under the Penal Code, and inviting the Government to take appropriate legislative measures to define and prohibit sexual harassment in employment and occupation. The definition should include both quid pro quo and hostile environment harassment, define those responsible for harassment, such as employers, supervisors and work colleagues and, where possible, clients or other persons linked to the performance of work (see General Survey on fundamental Conventions, 2012, paragraphs 789–794). The Committee requests the Government, in the context of the process of amending the Labour Code, to take the opportunity to include a provision defining and clearly prohibiting sexual harassment. The Committee also asks the Government to consider including a requirement for employers to adopt measures to prevent sexual harassment in the enterprise. The Committee also requests the Government to provide information on any other measures adopted with a view to preventing sexual harassment.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee 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

Indigenous rural workers. The Committee notes that, according to the Ecuadorian Social Security Institute (IESS), a total of 959,976 persons are covered by its Rural Social Security Scheme, and that they have access to its 581 rural medical dispensaries. The Committee once again requests the Government to provide information on the ancestral, traditional and alternative practices integrated into the type of care provided by the Rural Social Security Scheme for the communities to which it referred in its previous report and the projections for the coverage of this sector of the population.

HIV/AIDS. The Committee notes the preparation of the methodological guide on responses to HIV/AIDS in the workplace which was drawn up in 2007 and which focuses on prevention, education, gender equity and non-discrimination. Noting the proposed Comprehensive Act on HIV/AIDS, the Committee invites the Government to provide information in the progress achieved in its adoption.

Parts III–V of the report form. The Committee requests the Government to provide information on any judicial or administrative decisions relating to the application of the principle of the Convention, and on any cases of the violation of this principle identified by the labour inspection services. Please also provide up to date information on the situation of men and women, including Afro Ecuadorian and indigenous men and women, in the labour market and their distribution in the various occupations, jobs and economic sectors.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the adoption the new Constitution in September 2008 following its approval by referendum. The Committee notes with interest that article 11(2) of the Constitution includes new grounds on which discrimination is prohibited, including migration and being HIV positive. It also notes that article 43 provides that the State shall guarantee that pregnant women are not discriminated against on grounds of pregnancy in the educational, social and labour fields. The Committee further notes that article 47(5) of Constitution recognizes the right of persons with disabilities to work under conditions of equality of opportunity with a view to developing their capacities and potential, through policies for their integration into public and private entities. The Committee asks the Government to provide information on the measures adopted or envisaged to give effect to these provisions.

Article 2 of the Convention. National equality policy. The Committee notes that Executive Decree No. 1733 (Official Bulletin No. 601 of 29 May 2009) abolished the National Women’s Council (CONAMU) and established the Transition Commission to determine the public institutions that will guarantee equality between women and men, and which is entrusted with responsibility to prepare draft legislative reforms for the establishment of the National Gender Equality Council. The Committee notes that, in addition to the CONAMU, changes have also been made to the Council for the Development of the Peoples and Nationalities of Ecuador (CODENPE), the Afro-Ecuadorian Development Corporation (CODAE), the Council for the Development of the Coastal Montubio People (CODEPMOC), the Council for Children and Young Persons (CNA) and the National Disability Council (CONADIS). The Committee requests the Government to provide information on the outcome of this process of transition and on the institutions established in accordance with articles 156 and 157 of the new Constitution which are entrusted with responsibilities related to guaranteeing equality of opportunity and treatment in employment and occupation.

National policy on gender equality. The Committee notes the concern expressed by the Committee on the Elimination of Discrimination Against Women in its concluding observations of November 2008 about the high rates of women’s underemployment and unemployment, especially in rural areas, and cases of gender discrimination in the workplace, including dismissals relating to maternity, and discriminatory labour practices against women, especially indigenous and migrant women and those of African descent (CEDAW/D/ECU/CO/7, 7 November 2008, paragraphs 34–36). The Committee once again requests information on the results achieved in the prevention and eradication of work by women under conditions of exploitation which, as noted by the Committee in its previous comments, was one of the objectives of the Equal Opportunities Plan 2005–09 (PIO). The Committee also requests the Government to provide detailed information on the policies and programmes intended to ensure equality of opportunity and treatment in employment and occupation for women, especially indigenous women, migrant women and women of African descent, and their impact.

Promoting the access of women to public sector employment. With reference to its previous observation, in which it noted with interest the conclusion of a Framework Inter-institutional Cooperation Agreement with a view to ensuring that effect is given to the principles of equality and equity between men and women in the processes of institutional modernization and the re-evaluation of work in public institutions in Ecuador, the Committee notes that, according to the Government’s report, in the context of the above Agreement, gender was included in the Integrated Human Resources Information System (SIIRH) developed by the National Technical Secretariat for the Development of Human Resources and Remuneration in the Public Sector (SENRES) and the study “Public employment in Ecuador: A gender view” was published. It notes that the Transition Committee has also worked to introduce gender as a cross-cutting issue in the law and standards issued by the SENRES with the objective of promoting the access of women to public employment. The Committee requests the Government to provide further information on the introduction of gender as a cross-cutting issue in the standards issued by the SENRES with the objective of women gaining access to public employment and the impact of this measure. Noting that the Framework Inter-institutional Cooperation Agreement expires in December 2009, the Committee requests the Government to provide information on the measures envisaged to continue ensuring the application of the principle of the Convention in the public sector. The Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

Legislation. The Committee notes that, according to the information provided by the Government, the draft amendment of the Cooperatives Act is before the National Assembly. With reference to its previous comments, the Committee urges the Government to take this opportunity to repeal section 17(b) of the Regulations of the Cooperatives Act, under which married women require the authorization of their husbands to be members of agricultural housing and family garden cooperatives. The Committee hopes that the Government will be in a position to provide information on the progress achieved in this respect in its next report.

Sexual harassment. The Committee notes that the Gender and Youth Unit of the Ministry of Labour is preparing a compendium on sexual harassment in the fields of education, labour, politics and domestic work which includes basic definitions, practical cases, national and international legislation and the contact details of support bodies and organizations. The Committee also notes the draft constitutional proposal of February 2008 to discourage situations of harassment, which involves the termination of officials who commit repeated offences of sexual and psychological harassment and abuse of authority. The Committee requests the Government to provide information on the impact that this compendium has had in terms of preventing sexual harassment in the working environment and to provide information on other measures that are being adopted to raise awareness of the harmful effects of harassment at the workplace. The Committee invites the Government once again to take appropriate legislative measures to prohibit sexual harassment in employment and occupation which include both quid pro quo and hostile work environment harassment.

Afro-Ecuadorian peoples. The Committee notes that the National Development Plan 2007–10 contains a component with the objective of combating historical disparities which hinder the human development of Afro-Ecuadorian persons. It notes that according to the statistics contained in the Plan, the racial prejudice index against Afro-Ecuadorian persons is 75.9 per cent. It also notes that, according to the living conditions survey of 2006, while a white person can obtain average monthly income from employment of US$316.60, an Afro-Ecuadorian person only obtains US$210.80. With regard to the urban unemployment rate, the Committee notes that it is 11 per cent for Afro-Ecuadorian persons, compared with a national average of 7.9 per cent, and 17.5 per cent for Afro-Ecuadorian women. It further notes that 92.8 per cent of Afro-Ecuadorian persons do not reach university level. The Committee requests the Government to provide detailed information on the results and impact of the various types of action envisaged in the plan referred to above, including the application of affirmative action measures, the development of the “Work without discrimination” programme and the action taken to promote and increase the access of young Afro-Ecuadorian persons to university. The Committee also requests information on the measures promoted, as envisaged in the Plan, to monitor and punish any act of racial discrimination against Afro-Ecuadorian persons on the labour market.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Indigenous rural workers. The Committee notes that, according to the Ecuadorian Social Security Institute (IESS), a total of 959,976 persons are covered by its Rural Social Security Scheme, and that they have access to its 581rural medical dispensaries. The Committee once again requests the Government to provide information on the ancestral, traditional and alternative practices integrated into the type of care provided by the Rural Social Security Scheme for the communities to which it referred in its previous report and the projections for the coverage of this sector of the population.

HIV/AIDS. The Committee notes the preparation of the methodological guide on responses to HIV/AIDS in the workplace which was drawn up in 2007 and which focuses on prevention, education, gender equity and non-discrimination. Noting the proposed Comprehensive Act on HIV/AIDS, the Committee invites the Government to provide information in the progress achieved in its adoption.

Parts III–V of the report form. The Committee requests the Government to provide information on any judicial or administrative decisions relating to the application of the principle of the Convention, and on any cases of the violation of this principle identified by the labour inspection services. Please also provide up to date information on the situation of men and women, including Afro Ecuadorian and indigenous men and women, in the labour market and their distribution in the various occupations, jobs and economic sectors.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Repetition

The Committee notes the adoption the new Constitution in September 2008 following its approval by referendum. The Committee notes with interest that article 11(2) of the Constitution includes new grounds on which discrimination is prohibited, including migration and being HIV positive. It also notes that article 43 provides that the State shall guarantee that pregnant women are not discriminated against on grounds of pregnancy in the educational, social and labour fields. The Committee further notes that article 47(5) of Constitution recognizes the right of persons with disabilities to work under conditions of equality of opportunity with a view to developing their capacities and potential, through policies for their integration into public and private entities. The Committee asks the Government to provide information on the measures adopted or envisaged to give effect to these provisions.

Article 2 of the Convention. National equality policy. The Committee notes that Executive Decree No. 1733 (Official Bulletin No. 601 of 29 May 2009) abolished the National Women’s Council (CONAMU) and established the Transition Commission to determine the public institutions that will guarantee equality between women and men, and which is entrusted with responsibility to prepare draft legislative reforms for the establishment of the National Gender Equality Council. The Committee notes that, in addition to the CONAMU, changes have also been made to the Council for the Development of the Peoples and Nationalities of Ecuador (CODENPE), the Afro-Ecuadorian Development Corporation (CODAE), the Council for the Development of the Coastal Montubio People (CODEPMOC), the Council for Children and Young Persons (CNA) and the National Disability Council (CONADIS). The Committee requests the Government to provide information on the outcome of this process of transition and on the institutions established in accordance with articles 156 and 157 of the new Constitution which are entrusted with responsibilities related to guaranteeing equality of opportunity and treatment in employment and occupation.

National policy on gender equality. The Committee notes the concern expressed by the Committee on the Elimination of Discrimination Against Women in its concluding observations of November 2008 about the high rates of women’s underemployment and unemployment, especially in rural areas, and cases of gender discrimination in the workplace, including dismissals relating to maternity, and discriminatory labour practices against women, especially indigenous and migrant women and those of African descent (CEDAW/D/ECU/CO/7, 7 November 2008, paragraphs 34–36). The Committee once again requests information on the results achieved in the prevention and eradication of work by women under conditions of exploitation which, as noted by the Committee in its previous comments, was one of the objectives of the Equal Opportunities Plan 2005–09 (PIO). The Committee also requests the Government to provide detailed information on the policies and programmes intended to ensure equality of opportunity and treatment in employment and occupation for women, especially indigenous women, migrant women and women of African descent, and their impact.

Promoting the access of women to public sector employment. With reference to its previous observation, in which it noted with interest the conclusion of a Framework Inter-institutional Cooperation Agreement with a view to ensuring that effect is given to the principles of equality and equity between men and women in the processes of institutional modernization and the re-evaluation of work in public institutions in Ecuador, the Committee notes that, according to the Government’s report, in the context of the above Agreement, gender was included in the Integrated Human Resources Information System (SIIRH) developed by the National Technical Secretariat for the Development of Human Resources and Remuneration in the Public Sector (SENRES) and the study “Public employment in Ecuador: A gender view” was published. It notes that the Transition Committee has also worked to introduce gender as a cross-cutting issue in the law and standards issued by the SENRES with the objective of promoting the access of women to public employment. The Committee requests the Government to provide further information on the introduction of gender as a cross-cutting issue in the standards issued by the SENRES with the objective of women gaining access to public employment and the impact of this measure. Noting that the Framework Inter-institutional Cooperation Agreement expires in December 2009, the Committee requests the Government to provide information on the measures envisaged to continue ensuring the application of the principle of the Convention in the public sector. The Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

Legislation. The Committee notes that, according to the information provided by the Government, the draft amendment of the Cooperatives Act is before the National Assembly. With reference to its previous comments, the Committee urges the Government to take this opportunity to repeal section 17(b) of the Regulations of the Cooperatives Act, under which married women require the authorization of their husbands to be members of agricultural housing and family garden cooperatives. The Committee hopes that the Government will be in a position to provide information on the progress achieved in this respect in its next report.

Sexual harassment. The Committee notes that the Gender and Youth Unit of the Ministry of Labour is preparing a compendium on sexual harassment in the fields of education, labour, politics and domestic work which includes basic definitions, practical cases, national and international legislation and the contact details of support bodies and organizations. The Committee also notes the draft constitutional proposal of February 2008 to discourage situations of harassment, which involves the termination of officials who commit repeated offences of sexual and psychological harassment and abuse of authority. The Committee requests the Government to provide information on the impact that this compendium has had in terms of preventing sexual harassment in the working environment and to provide information on other measures that are being adopted to raise awareness of the harmful effects of harassment at the workplace. The Committee invites the Government once again to take appropriate legislative measures to prohibit sexual harassment in employment and occupation which include both quid pro quo and hostile work environment harassment.

Afro-Ecuadorian peoples. The Committee notes that the National Development Plan 2007–10 contains a component with the objective of combating historical disparities which hinder the human development of Afro-Ecuadorian persons. It notes that according to the statistics contained in the Plan, the racial prejudice index against Afro-Ecuadorian persons is 75.9 per cent. It also notes that, according to the living conditions survey of 2006, while a white person can obtain average monthly income from employment of US$316.60, an Afro-Ecuadorian person only obtains US$210.80. With regard to the urban unemployment rate, the Committee notes that it is 11 per cent for Afro-Ecuadorian persons, compared with a national average of 7.9 per cent, and 17.5 per cent for Afro-Ecuadorian women. It further notes that 92.8 per cent of Afro-Ecuadorian persons do not reach university level. The Committee requests the Government to provide detailed information on the results and impact of the various types of action envisaged in the plan referred to above, including the application of affirmative action measures, the development of the “Work without discrimination” programme and the action taken to promote and increase the access of young Afro-Ecuadorian persons to university. The Committee also requests information on the measures promoted, as envisaged in the Plan, to monitor and punish any act of racial discrimination against Afro-Ecuadorian persons on the labour market.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Indigenous rural workers. The Committee notes that, according to the Ecuadorian Social Security Institute (IESS), a total of 959,976 persons are covered by its Rural Social Security Scheme, and that they have access to its 581rural medical dispensaries. The Committee once again requests the Government to provide information on the ancestral, traditional and alternative practices integrated into the type of care provided by the Rural Social Security Scheme for the communities to which it referred in its previous report and the projections for the coverage of this sector of the population.

HIV/AIDS. The Committee notes the preparation of the methodological guide on responses to HIV/AIDS in the workplace which was drawn up in 2007 and which focuses on prevention, education, gender equity and non‑discrimination. Noting the proposed Comprehensive Act on HIV/AIDS, the Committee invites the Government to provide information in the progress achieved in its adoption.

Parts III–V of the report form. The Committee requests the Government to provide information on any judicial or administrative decisions relating to the application of the principle of the Convention, and on any cases of the violation of this principle identified by the labour inspection services. Please also provide up to date information on the situation of men and women, including Afro‑Ecuadorian and indigenous men and women, in the labour market and their distribution in the various occupations, jobs and economic sectors.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the adoption the new Constitution in September 2008 following its approval by referendum. The Committee notes with interest that article 11(2) of the Constitution includes new grounds on which discrimination is prohibited, including migration and being HIV positive. It also notes that article 43 provides that the State shall guarantee that pregnant women are not discriminated against on grounds of pregnancy in the educational, social and labour fields. The Committee further notes that article 47(5) of Constitution recognizes the right of persons with disabilities to work under conditions of equality of opportunity with a view to developing their capacities and potential, through policies for their integration into public and private entities. The Committee asks the Government to provide information on the measures adopted or envisaged to give effect to these provisions.

Article 2 of the Convention. National equality policy. The Committee notes that Executive Decree No. 1733 (Official Bulletin No. 601 of 29 May 2009) abolished the National Women’s Council (CONAMU) and established the Transition Commission to determine the public institutions that will guarantee equality between women and men, and which is entrusted with responsibility to prepare draft legislative reforms for the establishment of the National Gender Equality Council. The Committee notes that, in addition to the CONAMU, changes have also been made to the Council for the Development of the Peoples and Nationalities of Ecuador (CODENPE), the Afro-Ecuadorian Development Corporation (CODAE), the Council for the Development of the Coastal Montubio People (CODEPMOC), the Council for Children and Young Persons (CNA) and the National Disability Council (CONADIS). The Committee requests the Government to provide information on the outcome of this process of transition and on the institutions established in accordance with articles 156 and 157 of the new Constitution which are entrusted with responsibilities related to guaranteeing equality of opportunity and treatment in employment and occupation.

National policy on gender equality. The Committee notes the concern expressed by the Committee on the Elimination of Discrimination Against Women in its concluding observations of November 2008 about the high rates of women’s underemployment and unemployment, especially in rural areas, and cases of gender discrimination in the workplace, including dismissals relating to maternity, and discriminatory labour practices against women, especially indigenous and migrant women and those of African descent (CEDAW/D/ECU/CO/7, 7 November 2008, paragraphs 34–36). The Committee once again requests information on the results achieved in the prevention and eradication of work by women under conditions of exploitation which, as noted by the Committee in its previous comments, was one of the objectives of the Equal Opportunities Plan 2005–09 (PIO). The Committee also requests the Government to provide detailed information on the policies and programmes intended to ensure equality of opportunity and treatment in employment and occupation for women, especially indigenous women, migrant women and women of African descent, and their impact.

Promoting the access of women to public sector employment. With reference to its previous observation, in which it noted with interest the conclusion of a Framework Inter-institutional Cooperation Agreement with a view to ensuring that effect is given to the principles of equality and equity between men and women in the processes of institutional modernization and the re-evaluation of work in public institutions in Ecuador, the Committee notes that, according to the Government’s report, in the context of the above Agreement, gender was included in the Integrated Human Resources Information System (SIIRH) developed by the National Technical Secretariat for the Development of Human Resources and Remuneration in the Public Sector (SENRES) and the study “Public employment in Ecuador: A gender view” was published. It notes that the Transition Committee has also worked to introduce gender as a cross-cutting issue in the law and standards issued by the SENRES with the objective of promoting the access of women to public employment. The Committee requests the Government to provide further information on the introduction of gender as a cross-cutting issue in the standards issued by the SENRES with the objective of women gaining access to public employment and the impact of this measure. Noting that the Framework Inter-institutional Cooperation Agreement expires in December 2009, the Committee requests the Government to provide information on the measures envisaged to continue ensuring the application of the principle of the Convention in the public sector. The Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

Legislation. The Committee notes that, according to the information provided by the Government, the draft amendment of the Cooperatives Act is before the National Assembly. With reference to its previous comments, the Committee urges the Government to take this opportunity to repeal section 17(b) of the Regulations of the Cooperatives Act, under which married women require the authorization of their husbands to be members of agricultural housing and family garden cooperatives. The Committee hopes that the Government will be in a position to provide information on the progress achieved in this respect in its next report.

Sexual harassment. The Committee notes that the Gender and Youth Unit of the Ministry of Labour is preparing a compendium on sexual harassment in the fields of education, labour, politics and domestic work which includes basic definitions, practical cases, national and international legislation and the contact details of support bodies and organizations. The Committee also notes the draft constitutional proposal of February 2008 to discourage situations of harassment, which involves the termination of officials who commit repeated offences of sexual and psychological harassment and abuse of authority. The Committee requests the Government to provide information on the impact that this compendium has had in terms of preventing sexual harassment in the working environment and to provide information on other measures that are being adopted to raise awareness of the harmful effects of harassment at the workplace. The Committee invites the Government once again to take appropriate legislative measures to prohibit sexual harassment in employment and occupation which include both quid pro quo and hostile work environment harassment.

Afro-Ecuadorian peoples. The Committee notes that the National Development Plan 2007–10 contains a component with the objective of combating historical disparities which hinder the human development of Afro‑Ecuadorian persons. It notes that according to the statistics contained in the Plan, the racial prejudice index against Afro-Ecuadorian persons is 75.9 per cent. It also notes that, according to the living conditions survey of 2006, while a white person can obtain average monthly income from employment of US$316.60, an Afro‑Ecuadorian person only obtains US$210.80. With regard to the urban unemployment rate, the Committee notes that it is 11 per cent for Afro‑Ecuadorian persons, compared with a national average of 7.9 per cent, and 17.5 per cent for Afro-Ecuadorian women. It further notes that 92.8 per cent of Afro-Ecuadorian persons do not reach university level. The Committee requests the Government to provide detailed information on the results and impact of the various types of action envisaged in the plan referred to above, including the application of affirmative action measures, the development of the “Work without discrimination” programme and the action taken to promote and increase the access of young Afro-Ecuadorian persons to university. The Committee also requests information on the measures promoted, as envisaged in the Plan, to monitor and punish any act of racial discrimination against Afro-Ecuadorian persons on the labour market.

The Committee is raising other points in a request addressed directly to the Government.

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

Indigenous rural workers. The Committee notes the detailed information provided by the Government on the Rural Social Security Scheme (SSC). It notes that in 2008 the SSC covers 40 per cent of the population entitled to coverage and that there are extension and promotional programmes to broaden the coverage of the Rural Social Security Scheme. The Committee notes with interest that the SSC is integrating ancestral, traditional and alternative practices in the type of care that it provides to communities, which can contribute to more effective and non‑discriminatory coverage. It notes that the SSC is reviewing the model for the provision of services based on the needs of those covered and that it is preparing the staff of community dispensaries to receive community contributions. The Committee would be grateful if the Government would provide information on the integration of these practices and on the percentage of indigenous rural workers covered by the SSC, and the projections of coverage for this sector of the population.

Exploitative conditions of work for women. In its previous comments, the Committee requested information on the progress achieved and the attainment of one of the objectives of the Equal Opportunities Plan (PIO), 2005–09, namely supporting inter-institutional plans and local and national public policy proposals for the prevention and elimination of work by women under exploitative conditions. The Committee notes that the National Council for Women (CONAMU) indicates that it has been affected by a significant cutback in resources from the general state budget and that it is negotiating for international cooperation so that it can meet its objectives in full. It reports that even with these limitations, it has been possible to carry out the work of the Inter-institutional Commission for the Prevention and Elimination of the Trafficking of Persons, in which it participates, with a view to formulating the National Plan on this subject, and that two subcommittees have been established, one for communication and the other for investigation. Furthermore, in coordination with the Gender Directorate of the Ministry of the Interior, CONAMU prepared the Manual of Procedures for the implementation of the Act respecting violence against women and in the family. CONAMU indicates that this Manual is fundamental in achieving gender equity as violence within the family has been the mechanism used by aggressors to prevent the full integration of women into society. The Committee requests the Government to continue to provide information on the activities carried out by the Inter-institutional Commission for the Prevention and Elimination of the Trafficking of Persons and on the activities related to the PIO objective of preventing and eliminating work by women under exploitative conditions.

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

Article 2 of the Convention. National policy on gender equality. The Committee notes that the Government is undertaking numerous activities in the context of the Equal Opportunities Plan (PIO), 2005–09, which was declared a state policy and is therefore compulsory for institutions entrusted with the design, formulation and implementation of public policies and is a principal technical and political instrument for the National Women’s Council (CONAMU). It notes with interest that in this framework a labour observatory with a gender focus has been established with the participation of the CONAMU, the United Nations Development Programme (UNDP), the United Nations Children’s Fund (UNICEF), the United Nations Development Fund for Women (UNIFEM), the United Nations Population Fund (UNFPA) and the ILO Subregional Office for the Andean Countries. The Committee asks the Government to provide information on the activities undertaken and the progress achieved by the labour observatory in relation to equality for men and women in employment and occupation. The Committee also asks the Government to continue providing information on the measures adopted in the context of the PIO, 2005–09, and an evaluation of the results achieved, including extracts from reports, where appropriate.

Article 3. Promoting the access of women to public sector employment. With reference to its previous request for information on the measures adopted or envisaged to promote the access of women to the public sector, the Committee notes with interest the conclusion of a Framework Inter-institutional Cooperation Agreement between the National Secretariat for State Remuneration, the National Women’s Council, the Latin American Institute for Social Research and Public Service International in Ecuador (PSI) with a view to ensuring that effect is given to the principles of equality between men and women in the processes of institutional modernization and work re-evaluation in public institutions. The Framework Agreement covers the period from 8 September 2006 until December 2009. The Committee asks the Government to provide detailed information on the activities and progress achieved in the context of the Framework Agreement with regard to the access of women to the public sector.

Legislation. While noting the Government’s indication that the Codification Commission has submitted a draft codified text of the Cooperatives Act to the National Congress, the Committee asks the Government to indicate whether section 17(b) of the Regulations of the Cooperatives Act has been repealed, as requested by the Committee on repeated occasions.

Sexual harassment. The Committee notes the Government’s indications that sexual harassment is defined in the Penal Code. The Committee notes that confining sexual harassment to criminal procedures has generally proven inadequate, as they may deal with the most serious cases, but not with the range of conduct in the context of work that should be addressed as sexual harassment, the burden of proof is higher and there is limited access to redress. The Committee therefore asks the Government to take appropriate administrative and legislative measures to afford sufficient and appropriate protection in relation to the two forms of sexual harassment at the workplace (quid pro quo and a hostile work environment) to which the Committee referred in its general observation of 2002. The Committee also asks the Government to provide information on any other measures that have been adopted or envisaged in law and in practice to prohibit and prevent sexual harassment at work, including through cooperation with employers’ and workers’ organizations.

Afro–Ecuadorian peoples. The Committee notes that, according to the information provided by the Government, the Afro–Ecuadorian Development Cooperation (CODAE) from the time of its establishment until mid-2007 had not achieved the objectives for which it had been established, nor had it attained positive results and impacts on Afro–Ecuadorian peoples and communities. It notes that the CODAE Multi-year Plan has been formulated based on three strategic objectives: (1) ensuring compliance with the economic rights of the Afro–Ecuadorian peoples; (2) guaranteeing access to and exploitation of land; and (3) strengthening the institutionalization of the CODAE and the implementation of the collective rights of Afro–Ecuadorian peoples. The Committee asks the Government to provide information on the activities carried out in the context of the Multi-year Plan, and particularly the measures adopted to eliminate discrimination in employment and occupation, including in access to education, for members of Afro–Ecuadorian peoples.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. The Committee notes with interest the Inter-institutional Cooperation Agreement between the National Council for Women (CONAMU) and the Minister of Labour, its object and aims and the commitments undertaken by the parties. It also notes the Equal Opportunities Plan 2005-09 and the Immediate Employment Plan Ecuador 2005‑06. The Committee asks the Government to provide detailed information in its next report on how the parties are fulfilling the abovementioned agreement, the objectives attained, any obstacles encountered, and the agreement’s practical impact in the light of the statistical data from the Cooperation Agreement and the Equal Opportunities Plan 2005-09. The Committee also asks the Government to report on progress made in the implementation of the abovementioned plans, and on the practical results.

2. Article 3. In its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee noted that according to section 71, Chapter IV (Staff Selection) of the Civil Service and Administrative Careers Act, the Human Resources Administration Unit is responsible for assessing candidates for public sector jobs, and vacant jobs are to be filled by competition based on merit and a test to assess candidates’ suitability to ensure open access to the jobs. The Committee requests the Government to provide information on the measures taken or envisaged to promote women’s access to the public sector.

3. Indigenous rural workers. In its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee noted the statistical data supplied by the Government showing that indigenous people account for only a small proportion (14.4 per cent) of total persons covered by the farmers’ social security. The Committee requests the Government to provide information on the measures taken or envisaged to redress the imbalance in social security access between indigenous and non-indigenous rural workers.

4. Exploitative conditions. The Committee notes that the strategic objectives of the Equal Opportunities Plan 2005-09 include “supporting inter-institutional plans and local and national public policy proposals for the prevention and elimination of work by women, young persons and children in conditions that are exploitative”. The Committee would be grateful if the Government would provide information in its next report on progress towards this objective and the measures taken with respect to the employment of women to attain it in practice.

5. Sexual harassment. The Committee notes that sexual harassment in employment and occupation is not expressly dealt with in the labour law and that no provision is made for any specific legal means of redress. The Committee requests the Government to envisage the possibility of enacting legislation to prevent and punish sexual harassment, taking into account the points made by the Committee in its general observation of 2002.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. The Committee notes with interest the reactivation of the “Employment and Gender Policies” round table under the management of the National Council for Women (CONAMU), its strategic objectives and its courses of action. It also notes the annual plan of the Gender Equity Unit, the purpose of which is to contribute to the development, implementation and dissemination of employment generation and improvement strategies and programmes launched by the abovementioned round table that help to secure equal opportunities for men and women in Ecuador; and the Gender Equity and Youth Unit created in 2005 under the Directorate of Employment in order to carry out the plan. The Committee requests the Government to report on the progress and results of the activities of the Employment and Gender Policies round table and on the implementation of the annual plan, particularly the activities carried out by the Gender Equity Unit.

2. Article 3(c). Legislation. With reference to its previous comments on the amendment of some provisions of the Commercial Code and the legislation on cooperatives, the Committee notes that the Government has asked the National Cooperatives Directorate to take the necessary steps to repeal section 17(b) of the Regulations to the Cooperatives Act, by virtue of which married women need the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee urges the Government to take measures to have the provisions repealed, as the Committee has been requesting for several years. The Committee hopes that the Government will be in a position to inform it about progress on this matter in its next report.

3. Penal and labour reform. The Committee notes that the Standing Committee for Women, Youth, Children and the Family has been working on the formulation of a number of amendments to penal provisions concerning sexual harassment and to labour law, in the course of harmonizing the Labour Code with the Code on Childhood and Youth. The Committee requests the Government to report on the progress of these reforms.

4. Afro-Ecuatorian peoples. The Committee notes with interest the work done by the Afro-Ecuatorian Peoples’ Council (CODAE) and the national policies to enforce the rights of Afro-Ecuatorian peoples laid down in Ecuador’s National Human Rights Plan. The Committee requests the Government to inform it in its next report of the measures taken or envisaged to eliminate discrimination and promote equality in employment and occupation for Afro-Ecuatorian peoples.

The Committee is addressing a request concerning other matters directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

1. The Committee notes the information contained in the Government’s report in relation to its general observation of 2002 indicating that sexual harassment in employment and occupation is not explicitly addressed in the labour legislation and that there are no specific judicial or administrative procedures on this subject. The Committee requests the Government to envisage the possibility of including a prohibition of sexual harassment in its legislation, taking into consideration the various elements set out in its general observation, as well as adopting specific procedures for the investigation and punishment of these types of offences.

2. The Committee once again notes that the Government’s report does not contain any reply to its previous comments related to the implementation of the Social Development Plan: Policies for Women 1996-2005, the establishment of the Institute for Women and the action undertaken in the context of the Inter-institutional Agreement between the National Council for Women and the Ministry of Labour, of February 1998. The Committee once again requests the Government to provide information on the establishment of the Institute, the implementation of the National System for Women, the action referred to in the section on the economy and poverty of the Social Development Plan: Policies for Women 1996-2005, and on the implementation of the Inter-institutional Agreement between the National Council for Women (CONAMU) and the Ministry of Labour.

3. The Committee notes the indication contained in the Government’s report that the most direct form of eliminating any form of discrimination in access to employment and occupation is through explicit legal provisions on this subject; the widespread, free and representative social participation of the country’s occupational trade unions and professional organizations and associations; and the political support of the national Government. It adds that access to vocational training in the country is free, in accordance with individual needs, inclinations and aspirations, which gives rise to the whole range of equality of opportunity without any exception whatsoever. The Committee reminds the Government that measures such as those described are not always sufficient to ensure the application of the Convention in practice and that in many cases protection and assistance measures are necessary to compensate for inequalities which, based on grounds set forth in Article 1 of the Convention, have nullified or prejudiced equality of opportunity and treatment in employment and occupation.

4. In its previous comment, the Committee noted that, according to the statistical data, there is a higher rate of unemployment among women workers than among men. The Committee once again requests the Government to supply information on the measures that it is taking or envisages taking to promote equality of opportunity in access to employment and to facilitate the greater participation of women in the labour market.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

1. With reference to its previous comments, the Committee notes once again that the Government has not provided any information on the reform of the Cooperatives Act, particularly with regard to section 17(b) of the regulations issued under the Act, by virtue of which married women need the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee hopes that this regulation will be amended in the near future and once again requests the Government to report on developments concerning the activities of the board of the National Council for Women (CONAMU) and the Standing Committee for Women, Youth, Children and the Family, and particularly on how the reform is progressing.

2. Also with reference to its previous comments, the Committee regrets to note that the Government has not adopted measures to amend a number of the provisions of the Cooperatives Act and the Commercial Code which impose restrictions on women. The Committee once again points out to the Government that the best means of averting any uncertainty as to the legislation in force is to repeal or amend the provisions found to be unconstitutional by the Tribunal, and it hopes that the Government will adopt the above amendments.

3. With reference to its previous comments, the Committee notes that the Government has not provided any information concerning Afro-Ecuadorian communities. The Committee reiterates its request and asks the Government to provide information on the measures adopted or envisaged to eliminate discrimination and promote equality in employment and occupation for the Afro-Ecuadorian population.

The Committee is addressing a request directly to the Government on certain points.

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

The Committee notes the information sent by the Government in its report.

The Committee notes that, according to the statistics compiled by the National Statistics and Census Institute, the unemployment rate among women between 18 and 29 years of age is 30.2 per cent and among women of 30 to 39 years of age is 15.9 per cent whereas the male unemployment rate for the same groups is 15.8 per cent and 6 per cent respectively. The Committee asks the Government to provide information on measures underway to promote equal opportunities and access to employment and to improve women’s participation in the labour market.

The Committee notes that the Government’s report contains no reply to its previous comments and hopes that the next report will give full information in response to the questions raised in the previous direct request, which read as follows:

1. The Committee notes with interest the Social Development Plan - Policies for Women 1996-2005 - which, in its section on Economy and Poverty, establishes as a primary objective the creation of the necessary social and economic mechanisms to enable the active participation of women in economic processes and all their benefits, through access to employment, to training and to the market, with equal rights and opportunities. The plan includes proposals for the revision of the legal framework to achieve equality between men and women, and in particular to introduce legislation on equality of remuneration, against discrimination in the social security system, and to counter sexual harassment, inter alia. Positive measures are also being considered to eliminate occupational segregation. Moreover, in a document annexed to the plan, entitled "Institutional viabilities for social policies for women", a proposal was outlined for the creation of an Institute for Women, responsible for coordinating compulsory application of gender policies within public sector bodies, as well as gender cross-cutting in public and social policies in general. This Institute should also be responsible for the promotion and establishment of local, regional and intersectoral committees, as part of a National System for the Promotion of Women, directed by the Institute and ensuring application and follow-up of the policies concerned. The Committee requests to be kept informed on the establishment of the Institute, the implementation of the National System for Women, and in particular to be supplied with detailed information on the activities already undertaken of those outlined in the section on Economy and Poverty of the National Plan for Social Development: Policies for Women 1996-2005.

2. The Committee notes with interest the text of the Interinstitutional Agreement between the National Council for Women (CONAMU) and the Ministry of Labour, of February 1998, to promote gender equality in respect of employment and occupation. In the agreement, the CONAMU gives priority within its operative programme to "activities directed towards facilitating the access of women to employment and reducing disparities between men and women with regard to remuneration, especially in occupations where women predominate, with a view to overcoming discrimination and segregation on the basis of sex". The Committee requests clarification regarding the meaning given to the phrase "especially in occupations where women predominate", given that discrimination in access to employment and differences in wage levels are more pronounced when comparing occupations considered typically male with those considered typically female, than within one sole category. Regarding the principle of uniformity of equality, the Committee refers to paragraphs 256 and 257 of the 1986 General Survey on equal remuneration. It also recalls that phenomena of occupational segregation on the basis of sex, which result in different concentrations of men and women according to the occupations or sectors of activity in question, are due to archaic and stereotyped conceptions of the roles which men and women should perform, and that they result in the nullification or impairment of opportunity and treatment. Occupational guidance should play an important part in opening a broad range of occupations free of considerations based on stereotypes or archaic conceptions according to which specific trades or occupations are supposedly reserved for persons of a particular sex in order to promote a genuine policy of equality of opportunities (General Survey of the Committee of Experts on equality in employment and occupation, 1988, paragraphs 85 and 97). The Committee therefore requests to be kept informed on the measures adopted to ensure equality of opportunities in respect of occupational guidance, vocational training and access to employment.

3. The Committee notes that formulation of the project: "Establishment of a database: Participation and earnings of men and women workers in the private sector, 1988" has been completed. With reference to paragraph 247 of the General Survey of 1988 mentioned above, the Committee stresses the importance of statistical analysis of the distribution of labour in the national economy so as to be able to identify de facto discrimination, such as occupational segregation based on sex, religion or race, and asks to be kept informed in respect of the statistical information obtained as a result of the abovementioned data bank project.

4. The Committee notes with concern that 80 per cent of the indigenous population is below the vulnerability line with a fortnightly per capita consumption of less than US$60, insufficient to provide for their basic needs, including food, education and housing. With reference to paragraph 35 of its General Survey, 1988, the Committee recalls that in rural areas, if indigenous and tribal peoples have lost all or most of their traditional lands, and are now working as agricultural labourers, the main employment-related problem confronting them may be de facto discrimination in terms and conditions of employment. And if they earn their livelihood as subsistence farmers alongside non-indigenous peasants and tenant farmers, their main problems frequently arise from unequal access to credit, marketing facilities, agricultural extension and skills training facilities. It also reiterates that in all these cases state policies will need to focus on equal opportunity in providing the skills, assets and resources on an equal basis as they are made available to other sectors of the national population. The Committee hopes to be informed on the national policies taken with this objective in view and on the action under way or envisaged to eliminate discrimination in employment and occupation in respect of indigenous peoples and the Afro-Ecuadorian minority.

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

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

1. With reference to its previous observations, the Committee notes that the Government has provided no information on the reform of the Cooperatives Act, specifically regulation 17(b) issued under the Act, by virtue of which married women need the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee hopes this regulation will be amended in the near future and requests the Government to report on developments in the activities of the board of the National Council for Women (CONAMU) and the Standing Committee for Women, Youth, Children and the Family, and especially on how the reform is progressing.

2. With reference to its previous observations concerning the amendment of a number of provisions of the Cooperatives Act and the Commercial Code, namely section 12 of the Cooperatives Act and sections 12, 66, 80 and 105 of the Commercial Code which impose restrictions on women, the Committee notes that the abovementioned provisions have been found unconstitutional. The Government states that all decisions of the Constitutional Tribunal are indeed binding and that the latter is free to amend any provision issued by the Executive, Legislature or Judiciary which is in breach of the principles of the Constitution, and such an amendment is beyond challenge. The Committee considers that the best means of averting any uncertainty as to the legislation in force is to repeal or amend the provisions found to be unconstitutional by the Tribunal, and hopes the Government will take the necessary steps to that end. Meanwhile, the Committee asks the Government, in order to secure greater certainty in law, to provide information on the manner in which the public is made aware of the change in law.

3. The Committee has been noting for years that, despite the efforts to eliminate the last vestiges of racial discrimination, they still exist in practice. The Committee notes the Operational Plan of Action for 1999-2003 on the Rights of the Indigenous Nationalities and Peoples of Ecuador, and observes that the Government intends to set up machinery to improve living conditions and implement programmes to promote economic growth as well as providing the indigenous communities with the means and tools they need for production. The Committee notes that no information has been provided on the Afro-Equatorian communities. It therefore reiterates its request and asks the Government to provide information on the measures adopted or planned to eliminate discrimination and promote equality in employment and occupation for the indigenous peoples and Afro-Equatorian communities.

The Committee raises other points in request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with interest the Social Development Plan -- Policies for Women 1996-2005 -- which, in its section on Economy and Poverty, establishes as a primary objective the creation of the necessary social and economic mechanisms to enable the active participation of women in economic processes and all their benefits, through access to employment, to training and to the market, with equal rights and opportunities. The plan includes proposals for the revision of the legal framework to achieve equality between men and women, and in particular to introduce legislation on equality of remuneration, against discrimination in the social security system, and to counter sexual harassment, inter alia. Positive measures are also being considered to eliminate occupational segregation. Moreover, in a document annexed to the plan, entitled "Institutional viabilities for social policies for women", a proposal was outlined for the creation of an Institute for Women, responsible for coordinating compulsory application of gender policies within public sector bodies, as well as gender cross-cutting in public and social policies in general. This Institute should also be responsible for the promotion and establishment of local, regional and intersectoral committees, as part of a National System for the Promotion of Women, directed by the Institute and ensuring application and follow-up of the policies concerned. The Committee requests to be kept informed on the establishment of the Institute, the implementation of the National System for Women, and in particular to be supplied with detailed information on the activities already undertaken of those outlined in the section on Economy and Poverty of the National Plan for Social Development: Policies for Women 1996-2005.

2. The Committee notes with interest the text of the Interinstitutional Agreement between the National Council for Women (CONAMU) and the Ministry of Labour, of February 1998, to promote gender equality in respect of employment and occupation. In the agreement, the CONAMU gives priority within its operative programme to "activities directed towards facilitating the access of women to employment and reducing disparities between men and women with regard to remuneration, especially in occupations where women predominate, with a view to overcoming discrimination and segregation on the basis of sex". The Committee requests clarification regarding the meaning given to the phrase "especially in occupations where women predominate", given that discrimination in access to employment and differences in wage levels are more pronounced when comparing occupations considered typically male with those considered typically female, than within one sole category. Regarding the principle of uniformity of equality, the Committee refers to paragraphs 256 and 257 of the 1986 General Survey on equal remuneration. It also recalls that phenomena of occupational segregation on the basis of sex, which result in different concentrations of men and women according to the occupations or sectors of activity in question, are due to archaic and stereotyped conceptions of the roles which men and women should perform, and that they result in the nullification or impairment of opportunity and treatment. Occupational guidance should play an important part in opening a broad range of occupations free of considerations based on stereotypes or archaic conceptions according to which specific trades or occupations are supposedly reserved for persons of a particular sex in order to promote a genuine policy of equality of opportunities (General Survey of the Committee of Experts on equality in employment and occupation, 1988, paragraphs 85 and 97). The Committee therefore requests to be kept informed on the measures adopted to ensure equality of opportunties in respect of occupational guidance, vocational training and access to employment.

3. The Committee notes that formulation of the project: "Establishment of a database: Participation and earnings of men and women workers in the private sector, 1988" has been completed. With reference to paragraph 247 of the General Survey of 1988 mentioned above, the Committee stresses the importance of statistical analysis of the distribution of labour in the national economy so as to be able to identify de facto discrimination, such as occupational segregation based on sex, religion or race, and asks to be kept informed in respect of the statistical information obtained as a result of the abovementioned data bank project.

4. The Committee notes with concern that 80 per cent of the indigenous population is below the vulnerability line with a fortnightly per capita consumption of less than US$60, insufficient to provide for their basic needs, including food, education and housing. With reference to paragraph 35 of its General Survey, 1988, the Committee recalls that in rural areas, if indigenous and tribal peoples have lost all or most of their traditional lands, and are now working as agricultural labourers, the main employment-related problem confronting them may be de facto discrimination in terms and conditions of employment. And if they earn their livelihood as subsistence farmers alongside non-indigenous peasants and tenant farmers, their main problems frequently arise from unequal access to credit, marketing facilities, agricultural extension and skills training facilities. It also reiterates that in all these cases state policies will need to focus on equal opportunity in providing the skills, assets and resources on an equal basis as they are made available to other sectors of the national population. The Committee hopes to be informed on the national policies taken with this objective in view and on the action under way or envisaged to eliminate discrimination in employment and occupation in respect of indigenous peoples and the Afro-Ecuadorian minority.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report and in the annexes.

1. The Committee notes with interest from the report of the National Council for Women (CONAMU) annexed to the report, that the Constitutional Court declared section 12 of the Cooperatives Act to be unconstitutional, since this section prohibited the participation of women in the establishment of cooperatives, when their husbands were members of the same cooperative. It further notes that CONAMU, together with the Standing Committee for Women, Youth, Children and the Family, had set up the Board of Labour and Access to Resources, taking reform of the Cooperatives Act as a priority objective. The Committee hopes that, among the reforms to be carried out, attention will be given to the previous comments of the Committee on section 17(b) of the regulations issued under the Cooperatives Act, by virtue of which married women require the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee has also referred to section 12 of the Commercial Code, under which married women require the authorization of their husbands to enter into commerce, and sections 66, 80 and 105 of the above Code, which prohibit married and single women from entering the stock market, being stockbrokers or public auctioneers. With regard to the above provisions of the Commercial Code, the Government has previously stated that, since 1989, the Court of Constitutional Guarantees has suspended the application of sections 12, 66, 80 and 105 of the Commercial Code with regard to the restrictions placed on women (RS.TGC.RO 224: 3 July 1989). Having already noted this information, the Committee nonetheless emphasizes the importance of bringing the national legislation formally into conformity with the Convention, by explicitly repealing or amending the provisions which are not in conformity with it, thereby ensuring that there is no uncertainty as to the legislation in force. In this respect, the Committee once again recalls the commitment made by the Government to submit legal forms to the National Congress to bring the national legislation into full compliance with the Convention and the provisions of the National Constitution and it requests the Government to continue supplying information on the measures adopted in this regard.

2. In its earlier comments, the Committee had noted that, despite the efforts being made to eradicate the remnants of racial discrimination, such discrimination still exists in practice, affecting the indigenous peoples and the Afro-Ecuadorian communities, and requested information on the action taken or under way and on any measures taken or envisaged to ensure equality of opportunity and treatment in employment and occupation for indigenous and Afro-Ecuadorian groups. While the annexes to the report contain a number of projects specific to the indigenous communities, these do not refer to employment and occupation, nor do they reflect the existence of a policy of national scope to guarantee equality of opportunity and treatment in employment and occupation, for the indigenous peoples and the Afro-Ecuadorian communities. The Committee also indicated that it will give further consideration to this aspect of the question under the Indigenous and Tribal Peoples' Convention, 1989 (No. 169), ratified by the Government in 1998. The Committee therefore again requests the Government to provide information on this matter and is addressing the question in greater detail in its direct request.

3. The Committee is addressing a request on other points directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

With reference to its previous direct request, the Committee notes the information contained in the Government's latest report on the dominant trend to not take account of agricultural work performed by women, considering such work to constitute domestic work. It also notes that, according to the statistics provided by the Government in Annex No. 1 to its report, no more than 3.7 per cent of women, and 0 per cent of men, work as domestic employees in rural areas, although 48 per cent of women (as compared with 17 per cent of men) are grouped in the occupational category of "unpaid work". In this respect, the Committee notes with interest the Government's stated objective to take action through the National Council for Women (CONAMU) to give wider recognition to the productive contribution of women and to show this contribution in national statistics. The Committee requests the Government to continue supplying information on the action taken in this respect and on the results obtained in achieving equality of treatment for men and women in employment.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report.

1. The Committee notes that the Constituent National Assembly adopted on 5 June 1998 the new Political Constitution of the Republic of Ecuador containing various provisions relating to the subject covered by the Convention. The Committee notes with interest article 23(3) under which "the State shall recognize and guarantee to individuals equality before the law: all persons shall be considered equal and shall enjoy the same rights, freedoms and opportunities, without discrimination on grounds of birth, age, sex, ethnic origin, colour, social origin, language, religion, political affiliation, financial situation, sexual orientation, state of health, disability or difference of any nature". The Committee refers to its General Survey of 1988 on equality in employment and occupation (paragraphs 30 to 74) as regards the measures taken by countries to guarantee equality of opportunity and treatment in respect of certain types of discrimination, the grounds for which are not enumerated in Article 1, paragraph 1(a), of the Convention, which may give rise to a determination that other grounds for discrimination are covered under Article 1, paragraph 1(b), of the Convention. In this respect, the Committee notes that the above-mentioned constitutional provision prohibits discrimination, in addition to the reasons set out in Article 1, paragraph 1(a), on the grounds of sexual orientation, state of health and disability.

2. The Committee notes article 36(2) of the National Constitution which prohibits "any type of labour discrimination against women", and article 34, under which "the State shall guarantee equality of rights and opportunities for women and men in access to productive resources ..." and refers to the comments that it has been making since 1988 on section 17(b) of the regulations issued under the Cooperatives Act, by virtue of which married women require the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee has also referred to section 12 of the Commercial Code, under which married women require the authorization of their husbands to enter into commerce, and sections 66, 80 and 105 of the above Code, which prohibit married and single women from entering the stock market, being stockbrokers or public auctioneers. With regard to the above provisions of the Commercial Code, the Government states in its latest report that since 1989 the Court of Constitutional Guarantees has suspended sections 12, 66, 80 and 105 of the Commercial Code with regard to the limitations placed on women (RS.TGC.RO 224:3 July 1989). The Government previously provided registers of stockbrokers which include women as operators. The Committee also notes the amendments to section 11 of the Cooperatives Act, but notes that section 17 of its regulations continues to require the authorization of the husband for married women who are not separated, or whose marriage settlements are not based on the separation of property rights, from being members of the above types of cooperatives.

The Committee takes due note of the above developments. Nevertheless, it emphasizes the importance of bringing the national legislation formally into conformity with the Convention by explicitly repealing or amending the provisions which are not in conformity with it, thereby ensuring that there is no uncertainty as to the legal texts which are in force. In this respect, the Committee recalls the commitment made by the Government to submit legal reforms to the National Congress to bring the national legislation into full compliance with the Convention and the provisions of the Constitution and it requests the Government to take the necessary measures for this purpose.

3. The Committee notes the information contained in the report, dated 1 October 1997, which was submitted by Ecuador to the Human Rights Committee in accordance with article 40 of the International Covenant on Civil and Political Rights for the period 1990-96 (doc. CCPR/C/84/Add.6). In paragraph 215 of the above report, the Government states that "despite the efforts being made to eradicate the remnants of racial discrimination, such discrimination still exists in practice, affecting the indigenous population and the Afro-Ecuadorian communities". In the same report, it is stated that the indigenous population accounts for between 25 and 40 per cent of the total number of inhabitants of Ecuador and that Afro-Ecuadorians account for between 5 and 10 per cent of the national population (paragraphs 289 and 290) and that "there are few indigenous Ecuadorians holding decision-making posts in the executive and judiciary or in the private sector" (paragraph 292). The Committee notes the Government's statement in the report that government policies for indigenous peoples are designed to take "all measures to prevent the exclusion of the indigenous peoples from the current economic system" and to promote "their integration into the market economy in a creative manner" (paragraph 295). The Committee requests the Government to provide information on the action that has been taken or is under way in the framework of the above policies and on any measure which has been taken or is envisaged to ensure equality of opportunity and treatment in employment and occupation for indigenous and Afro-Ecuadorian groups. The Committee notes that the Government has recently ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

4. With reference to paragraphs 178 to 184 of its General Survey of 1988 on equality in employment and occupation, the Committee wishes to reaffirm that a policy of equality of opportunity in training is a means of securing full participation of the entire population, without exception, in economic activity and therefore in employment and occupation; training is the key to promotion of equality of opportunity. In this respect, the Committee notes with interest that, in accordance with article 77 of the Constitution "the State shall guarantee equality of opportunity of access to higher education" and the creation in 1993 of the National Directorate for Bilingual Inter-Cultural Education, specializing in aboriginal cultures and languages, which was set up to provide bilingual teaching (Quechua and Spanish) in the indigenous communities of the highlands, with a view to meeting the educational needs of marginal groups (paragraph 287 of the above report). The Committee also notes with interest the provisions respecting the collective rights of indigenous peoples, Negroes and Afro-Ecuadorians contained in the Constitution of the Republic of Ecuador of 1998.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the detailed information in the Government's report regarding the rate of participation of women in employment during 1991-94. It notes that the number of women employed in the rural sector remains relatively low as compared to that of women in domestic service which is quite high. The Committee recalls the Government's explanation in its previous report that the participation of women in agricultural work is considered as domestic work and may therefore have been included within this category. The Committee requests clarification on this point, and also requests the Government to keep it informed of the rate of women active in the labour market.

2. The Committee notes the information regarding the projects implemented under the National Rural Development Plan (PRONADER) including the number of women participating in agricultural projects. It notes that PRONADER plans to increase the number of women working in the agricultural, forestry and road sectors and requests the Government to provide further information in this regard in its next report.

3. The Committee notes the Government's statement that it is making efforts, in particular through the National Directorate for Women (DINAMU), to eliminate discrimination in employment and occupation on the basis of sex. However, it again draws the attention of the Government to Article 2 of the Convention which stipulates that the national policy designed to promote equality of opportunity and treatment must be declared and pursued in order to eliminate discrimination in employment and occupation on all of the grounds listed therein. The Committee asks the Government to provide information in its next report on any measures that have been adopted to ensure the effective promotion of equality of opportunity and treatment regardless of race, religion, political opinion or social origin, and on the results obtained, with particular regard to: (a) access to employment and particular occupations; and (b) terms and conditions of employment.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. Regarding its previous observation concerning the restriction on women entering the Stock Exchange (section 66(c) of the Commercial Code), which is not applied and is to be examined as part of the legislative reforms, the Committee notes from the Government's report that it remains fully committed to expediting the process in the National Congress for the adoption of legal reforms to bring the national legislation into full conformity with ratified Conventions, in particular Convention No. 111. The Committee also notes that, to achieve this end, the Government has made a number of efforts for the necessary reforms of the Commercial Code and the Act on Cooperatives. The Committee requests the Government to keep it informed of progress in this respect in its next report. 2. The Committee is raising other matters in a request which it is addressing directly to the Government.

The Committee hopes that the Government will submit detailed information in its next report.

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

1. The Committee notes the information supplied by the Government concerning the participation rate of women in employment. The information shows an increase in the percentage of women in the economically active population for the period 1982-90, in both the urban and rural areas. Noting, however, that the female participation rate at national level is 35 per cent of the male participation rate, 43 per cent in urban areas and only 24 per cent in rural areas, the Committee notes the Government's statement that this striking inequality may be due to the fact that women's participation in agricultural work is considered to be domestic work and is therefore not registered. The Committee hopes that the Government will keep it up to date with statistics of the proportion of women in the economically active population. It also hopes that it has been possible for the necessary adjustments to be made to the rates, in order to reflect reality more clearly.

2. The Committee notes the information and statistical data provided by the Government concerning the National Rural Development Plan (PRONADER) for the advancement of the indigenous population, showing an increase in employment between 1991 and the present date. It notes, however, that in the agricultural, forestry and roads sectors, the number of days worked by men is three times higher than the number worked by women. The Committee asks the Government how it plans to enable an increase in the number of women workers, and to keep it informed of the development of PRONADER in its next report.

3. The Committee again recalls that, in order to comply with Article 2 of the Convention, a national policy designed to promote equality of opportunity and treatment, in order to eliminate all discrimination in employment and occupation, must be declared and pursued. The Committee asks the Government to provide information, in its next report, on any measures that have been adopted to ensure the effective promotion of equality of opportunity and treatment regardless of race, religion, political opinion or social origin, and on the results obtained, with particular regard to: (a) access to employment and particular occupations; and (b) terms and conditions of employment.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the detailed information in the Government's report regarding the rate of participation of women in employment during 1991-94. It notes that the number of women employed in the rural sector remains relatively low as compared to that of women in domestic service which is quite high. The Committee recalls the Government's explanation in its previous report that the participation of women in agricultural work is considered as domestic work and may therefore have been included within this category. The Committee requests clarification on this point, and also requests the Government to keep it informed of the rate of women active in the labour market.

2. The Committee notes the information regarding the projects implemented under the National Rural Development Plan (PRONADER) including the number of women participating in agricultural projects. It notes that PRONADER plans to increase the number of women working in the agricultural, forestry and road sectors and requests the Government to provide further information in this regard in its next report.

3. The Committee notes the Government's statement that it is making efforts, in particular through the National Directorate for Women (DINAMU), to eliminate discrimination in employment and occupation on the basis of sex. However, it again draws the attention of the Government to Article 2 of the Convention which stipulates that the national policy designed to promote equality of opportunity and treatment must be declared and pursued in order to eliminate discrimination in employment and occupation on all of the grounds listed therein. The Committee asks the Government to provide information in its next report on any measures that have been adopted to ensure the effective promotion of equality of opportunity and treatment regardless of race, religion, political opinion or social origin, and on the results obtained, with particular regard to: (a) access to employment and particular occupations; and (b) terms and conditions of employment.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Regarding its previous observation concerning the restriction on women entering the Stock Exchange (s. 66(c) of the Commercial Code), which is not applied and is to be examined as part of the legislative reforms, the Committee notes from the Government's report that it remains fully committed to expediting the process in the National Congress for the adoption of legal reforms to bring the national legislation into full conformity with ratified Conventions, in particular Convention No. 111. The Committee also notes that, to achieve this end, the Government has made a number of efforts for the necessary reforms of the Commercial Code and the Act on Cooperatives. The Committee requests the Government to keep it informed of progress in this respect in its next report.

2. The Committee is raising other matters in a request which it is addressing directly to the Government.

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

1. The Committee notes with interest the Government's statement that section 66(6) of the Commercial Code, which restricts the admission of women to the Stock Exchange, has fallen into disuse and is not applied. This is plain from the list of brokerage firms registered at the Quito Stock Exchange, in which the names of women stockbrokers are highlighted, and which shows, according to the Government, that women are admitted to the Stock Exchange. It also notes the Government's statement that it reiterates its commitment to expedite the procedure in the National Congress for the adoption of the legal reforms to bring the national legislation into full conformity with the Convention, and the photocopies of the communications sent by the Minister of Labour to the President of the National Congress asking that the reforms of the Commercial Code and the Act on Cooperatives be expedited. The Committee hopes that the Government will report on progress in this respect in its next report.

2. The Committee raises other matters in a request which it is addressing directly to the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes the detailed information submitted by the Government in its report concerning the women's training activities carried out by the National Directorate for Women (DINAMU), which is responsible for framing policies concerning women and implementing the relevant women's programmes. The Committee asks the Government to provide information in its next report on the concrete results of these activities, particularly statistics of the employment of women, such as the participation rate of women in economic activity, the distribution of men and women in the various occupations, by sector of activity, as well as statistics of the number of girls receiving vocational training, the type of training courses and opportunities for access to the various occupations.

2. The Committee also notes the activities conducted by the Ministry of Social Welfare for the promotion of the indigenous population under the National Rural Development Plan (PRONADER) which started up in 1988. It asks the Government to give detailed information on the concrete results of the Plan in terms of promoting employment of the indigenous population and ethnic minorities, with relevant statistics.

3. The Committee recalls that under Article 2 of the Convention a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation must be declared and pursued. It asks the Government in its next report to provide information on any measures that have been taken to ensure effective promotion of equal opportunity and treatment regardless of race, religion, political opinion or social origin, and the results obtained particularly with regard to: (a) access to vocational training; (b) access to employment and particular occupations; and (c) terms and conditions of employment.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report for the period ending 30 June 1992 and the information it contains in reply to the Committee's previous comments.

1. The Committee recalls that in the past the Government has several times stated its intention to establish equality between the sexes in the law. It recalls, in particular, that section 1 of the Regulations of 9 July 1984 (No. 609) provides that "the activities of the Ministry of Social Welfare shall be based on principles designed to encourage the promotion of women, the indigenous population and ethnic minorities" and that the Government mentioned a Bill on the legal equality of sexes in its report of 29 August 1984 to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add.23). In this connection, the Committee noted with interest in its Observation of 1989 that amendments were being drafted to the following provisions to establish the legal equality of women in certain areas:

- regulation 17(b) of the Regulations of the Cooperative Act (promulgated in 1966 and updated in 1985), under which a married woman needs the authorization of her husband in order to become a member of a housing, agricultural or family vegetable garden cooperative;

- section 12 of the Commercial Code, under which married women need the authorization of their husbands in order to exercise commercial activities, and sections 66, 80 and 105 of the Code which prohibit both single and married women from entering the stock market or becoming stockbrokers or public auctioneers.

The Committee notes with regret from the Government's report that the Decision of Congress to amend regulation 17(b) has not yet been adopted, nor has the draft Legislative Decree to amend the above-mentioned sections of the Commercial Code, which was submitted to Congress at the beginning of 1990, been adopted. The Committee recalls that the Convention guarantees equal treatment for men and women in respect of access to all employment, and trusts that the legislative measures needed to amend the above-mentioned provisions which are inconsistent with the Convention, will be taken in the very near future. It would be grateful if the Government would provide a copy of the texts (Decision and Legislative Decree) as soon as they have been adopted.

2. The Committee raises other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee 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:

1. The Committee took note in its earlier comments of section 1 of the Basic Operational Regulations of the Ministry of Social Welfare (Agreement No. 609 of 9 July 1984) which provides that the activities of the Ministry are to be based on principles designed to encourage the promotion of women, the indigenous population and ethnic minorities. It again requests the Government to report on the activites undertaken by the Ministry to promote the principle of equal opportunity and treatment in respect of the above groups.

2. The Committee again requests the Government to report on the state of progress of the draft Act on the Legal Equality of the Sexes, referred to in paragraph 103 of the report presented by the Government of Ecuador to the Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add. 23 of 29 August 1984).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. With reference to its previous comments, the Committee notes the Government's statement that the draft provisions to amend section 17 (b) of the Regulations issued under the Co-operatives Act (husband's authorization for a married woman to become a member of housing, agricultural or family vegetable garden cooperatives) will take the form of a Resolution of Congress rather than an Executive Agreement in order to give them greater legal force. The Committee requests the Government to provide a copy of the Resolution as soon as it has been adopted. 2. The Committee notes that the draft Legislative Decree to amend section 12 of the Commercial Code (husband's authorisation for married women to exercise commercial activities) and sections 66, 80 and 105 of the same Code (prohibition on married or single women from entering the stock market or becoming stockbrokers or public auctioneers), was presented to Congress at the beginning of 1990. The Committee hopes that the Government will provide a copy of the above Decree once it has been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments and hopes that the next report will contain full information on the following matters raised in its previous direct request:

1. The Committee took note in its earlier comments of section 1 of the Basic Operational Regulations of the Ministry of Social Welfare (Agreement No. 609 of 9 July 1984) which provides that the activities of the Ministry are to be based on principles designed to encourage the promotion of women, the indigenous population and ethnic minorities. It again requests the Government to report on the activites undertaken by the Ministry to promote the principle of equal opportunity and treatment in respect of the above groups.

2. The Committee again requests the Government to report on the state of progress of the draft Act on the Legal Equality of the Sexes, referred to in paragraph 103 of the report presented by the Government of Ecuador to the Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add. 23 of 29 August 1984).

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. With reference to its previous comments, the Committee notes the Government's statement that the draft provisions to amend section 17 (b) of the Regulations issued under the Co-operatives Act (husband's authorisation for a married woman to become a member of housing, agricultural or family vegetable garden co-operatives) will take the form of a Resolution of Congress rather than an Executive Agreement in order to give them greater legal force. The Committee requests the Government to provide a copy of the Resolution as soon as it has been adopted.

2. The Committee notes that the draft Legislative Decree to amend section 12 of the Commercial Code (husband's authorisation for married women to exercise commercial activities) and sections 66, 80 and 105 of the same Code (prohibition on married or single women from entering the stock market or becoming stockbrokers or public auctioneers), was presented to Congress at the beginning of 1990. The Committee hopes that the Government will provide a copy of the above Decree once it has been enacted.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous direct request, the Committee took note of section 1 of the Basic Operational Regulations of the Ministry of Social Welfare (Agreement No. 609 of 9 July 1984) which provides that the activities of the Ministry are to be based on principles designed to encourage the promotion of women, the indigenous population and ethnic minorities, and requested the Government to report on the activities undertaken by the Ministry to promote the principle of equal opportunity and treatment in respect of the above groups.

The Committee notes that the information requested will be provided shortly.

2. In its previous direct request, the Committee asked the Government to report on the state of progress of the draft Act on the Legal Equality of the Sexes, referred to in paragraph 103 of the report presented by the Government of Ecuador to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/5/Add. 23 of 29 August 1984).

The Committee notes that a copy of the draft will be sent shortly and requests the Government to continue to provide information in this respect.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes with interest from the information supplied by the Government in its report, that an Executive Agreement is in the process of being issued to modify section 17(b) of the Regulations issued under the Co-operatives Act, to which the Committee referred in previous comments, under which a married woman needs the authorisation of her husband in order to become a member of housing, agricultural or family vegetable garden co-operative. The amendment will provide that married women need no authorisation whatsoever in order to become members of the above-mentioned co-operatives.

The Committee asks the Government to continue to provide information on this matter and to send a copy of the Agreement once it has been adopted.

2. The Committee also notes with interest that the Ministry of Labour has prepared a draft Legislative Decree which will be submitted to the National Congress, to amend provisions referred to in the Committee's previous comments, namely, section 12 of the Commercial Code, under which married women need the authorisation of their husbands in order to exercise a commercial activity, and sections 66, 80 and 105 of the same Code which prohibit single and married women from entering the stock-market or becoming stockbrokers or public auctioneers.

The Committee asks the Government to provide a copy of the Legislative Decree once it has been promulgated.