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

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

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.