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

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

The Committee notes the observations of the Ecuadorian Confederation of Free Trade Unions (CEOSL), received on 10 September 2024, in which the CEOSL alleges a lack of inspection and monitoring in areas prone to forced labour, especially in the rural sector. The Committee requests the Government to provide its observations in this regard.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (i) National plan of action. With regard to the measures taken to implement the Plan of Action against trafficking in persons (2019–30), the Government reports that, through the coordination of the Interinstitutional Committee and the Ministry of Labour, a mechanism for detecting and referring cases of trafficking in persons for labour exploitation to labour inspectors has been created, which includes a guide on detecting victims, a procedural manual for detecting and referring cases of trafficking in persons and a set of instructions.

The Committee duly notes that the legislative and institutional framework to combat trafficking has been strengthened by the adoption of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Organic Act of 2023 and its implementing regulations (Decree No. 237 of 2024). The Act establishes that the implementation of public policies on trafficking in persons shall be the responsibility of the institutions forming the Interinstitutional Committee, which will be the highest coordinating body for the implementation, monitoring, follow-up and evaluation of the national policy. The Act also provides for the creation of a system for registering cases of trafficking in persons and the creation of at least three technical working groups by the Interinstitutional Committee (a technical working group on prevention and promotion of human rights, a technical working group on assistance and protection and a technical working group on investigation and prosecution), which must meet at least three times a year. The Committee also duly notes that the general regulations to the Act establish: (i) the obligation of the Interinstitutional Committee to prepare an annual report on compliance with the actions taken to implement the plans, programmes and projects; (ii) the obligation of the decentralized autonomous governments to implement plans, programmes and activities in coordination with the Interinstitutional Committee; and (iii) the development of an annual work plan to combat trafficking in persons under the auspices of the Interinstitutional Committee.

The Committee requests the Government to continue taking steps to effectively implement the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Organic Act of 2023, in particular the three working groups of the Interinstitutional Committee and the objectives of the Action Plan against trafficking in persons in Ecuador 2019–30. The Committee also requests the Government to provide information on: (i) the progress made and difficulties encountered; (ii) the follow-up, monitoring and evaluation of the national policy to combat trafficking in persons carried out by the Interinstitutional Committee; (iii) the registration of cases of trafficking in persons; and (iv) the way in which the decentralized autonomous governments coordinate their actions with the Interinstitutional Committee.

(ii) Protection and assistance for victims. The Committee notes that the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Basic Act of 2023 grants victims of trafficking the right to: (i) a period of reflection; (ii) full protection and specialized assistance (section 27); (iii) temporary accommodation, when needed, for as long as necessary, irrespective of when the criminal investigations started (section 42); and (iv) full reparation and restitution (section 33). The Committee also notes that Decree No. 237 of 2024 establishes the scope of the assistance and protection measures, stating that they must be adopted from the moment a potential victim is detected or suspected until the full restitution of his or her rights (section 84). The Committee also notes the Protocol for inter-institutional action for the care and full protection of victims of trafficking in persons, which aims to effectively provide care and full protection for victims of trafficking in persons, through the development of differentiated and specific procedures for adults, adolescents and minors.

The Committee notes that the Government has not provided information on the action taken by the Case coordination team for the protection of victims of trafficking in persons and smuggling of migrants or on the protection and assistance provided to victims. The Committee notes that, according to information available on the website of the Ministry of the Interior, between 2019 and 2022, more than 475 victims of trafficking were registered, 63 per cent of whom were women between the ages of 19 and 29; and between January 2023 and July 2024, 154 victims of trafficking were identified, 84 per cent of whom were female and 16 per cent of whom were male. Furthermore, the Committee notes that, in its concluding observations of 2024, the United Nations Committee against Torture expressed its concern at the shortcomings in the identification of migrant persons who have been victims of trafficking, which hinders their proper referral to specialized services (CAT/C/ECU/CO/8).

The Committee therefore encourages the Government to continue to take measures to provide the care and protection provided for in the legislation to victims of trafficking in persons for both sexual and labour exploitation. The Committee also requests the Government to provide information on the action taken by the Case coordination team for the protection of victims of trafficking in persons and smuggling of migrants and the number of victims of trafficking who have benefited from assistance and protection measures, specifying the type of assistance provided.

(iii) Prosecution and application of criminal penalties. In response to the Committee’s request concerning investigations launched and judicial proceedings initiated in relation to the offence of trafficking in persons, the Government reports that no court decisions concerning forced labour have been recorded. The Committee recalls that, under Article 25 of the Convention, the exaction of forced labour must be subject to really adequate and strictly enforced criminal penalties. Noting that according to the Ministry of the Interior, more than 475 victims of trafficking in persons were registered between 2019 and 2022, the Committee requests the Government to redouble its efforts to strengthen the capacity of the authorities responsible for identifying and investigating situations of trafficking in personsfor both sexual exploitation and labour exploitation, as well as to prosecute the perpetrators.The Committee once again requests the Government to provide information on the number of ongoing and concluded investigations and prosecutions in relation to cases of trafficking in persons (section 91 of the Basic Criminal Code of Ecuador) and the nature of the convictions handed down in relation to the offence.

2. Forced labour practices in the agricultural sector. The Committee notes the Human Rights Verification Report and the final report of the Ombuds’ Office on the case of an abaca company (Furukawa case), according to which the living and working conditions verified in 17 camps in the provinces of Santo Domingo de los Tsáchilas and Los Ríos have given rise to situations of “serfdom”, in families that are mostly Afro-Ecuadorian, affecting more than 200 people. The Ombuds’ Office issued recommendations to various state institutions in order for them to take specific actions, within their remit, to prevent this situation and punish the perpetrators. In this regard, the Committee notes that according to information on the website of the Attorney-General’s Office, following the report of the Ombuds’ Office, the relevant investigations were initiated, as were criminal proceedings for trafficking in persons for labour exploitation, which are ongoing.

Furthermore, the Committee notes that in their observations of 2023 on the application of the Violence and Harassment Convention, 2019 (No. 190), Public Services International (PSI), the United Front of Workers (FUT) and the Federation of Petroleum Workers of Ecuador (FETRAPEC) referred to this case, highlighting the lack of capacity of government institutions, as well as the lack of measures to prevent and eradicate forced labour. In response, the Government indicated that, by Memorandum No. MDT-ST-2024-0417-M of 23 April 2023, it had arranged for full on-site inspections to verify compliance with labour obligations.

The Committee also notes the Report of the United Nations Special Rapporteur on extreme poverty and human rights of 2 April 2024, according to which there are cases of slavery-like conditions and bondage in the agricultural sector on abaca, sugar cane, maize, bean, avocado and fruit plantations, and haciendas (A/HRC/56/61/Add.2).

The Committee requests the Government to provide information on the progress of the ongoing criminal proceedings in relation to the case of the abaca company, indicating the penalties imposed, as well as the remedies granted to victims, and on the findings of the full inspections carried out in the plantations.Furthermore, the Committee urges the Government to take the necessary measures to strengthen the capacity of the labour inspectorate in the agricultural sector and, in particular, in areas where there are signs of exploitative labour practices that may constitute forced labour.In this regard, the Committee requests the Government to provide information on the training provided, the inspections carried out, the number of violations detected and the penalties imposed, as well as on the coordination with the prosecution service in the event that practices that could constitute forced labour are detected.