Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Ecuador (Ratification: 1962)

Impact of compulsory prison labour on the application of Article 1 of the Convention. The Committee recalls that the Penal Code establishes compulsory community work as a non-custodial penalty (sections 60(2) and 63). Under section 60, a judge may impose community work without prejudice to the penalties foreseen for each type of criminal offence, which work shall not exceed 240 hours, or 180 hours, where the penalty imposed does not exceed a six-month custodial sentence (section 63). The Committee observes that the penalty of community work may be imposed: (1) as the principal penalty where expressly provided for under the classification of the offence (as in the case of section 393 – see below); or (2) without being expressly associated with the offence, and without prejudice to the principle penalty provided for by the legislator, when the judge deems it necessary (section 60, last paragraph).

The Committee recalls that criminal penalties that involve compulsory labour may affect the application of the Convention, where they are imposed under one of the circumstances provided for in Article 1 of the Convention. Consequently, the Committee requests the Government to clarify the manner in which the last paragraph of section 60 of the Penal Code is interpreted and applied in practice, specifying the criminal offences for which judges can or cannot impose penalties of community work and, if applicable, provide examples of such instances.

Article 1(a). Imposition of compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Regarding the application of section 393 of the Criminal Code, which establishes the penalty of community work for unarmed public disturbance, the Government reports that no court judgements have been handed down on the matter. Noting that this provision is drafted in broad terms, the Committee requests the Government to continue to provide information on the application in practice of section 393 of the Penal Code, indicating whether any legal proceedings have been instigated or judgments handed down under this provision and, if so, to indicate the penalties imposed and the acts that gave rise to such judgments.