Cas individuel (CAS) - Discussion : 2024, Publication : 112ème session CIT (2024)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Equateur (Ratification: 1967)

Written information provided by the Government

The Government has provided the following written information on 18 May 2024.

Ecuador ratified the Convention on 13 March 1967 and on this basis focuses on the following main aspects:

• Freedom of association: Workers and employers have the right to draw up their constitutions, elect their representatives, organize their administration and activities, and formulate their programmes.
• Protection of the right to organize: The Convention lays down principles to protect the right of workers to establish trade unions and participate in union activities without undue interference. On this basis, freedom of association in Ecuador is a subject of great relevance in the context of national labour legislation and policy. These include the right to organize, which is protected by international conventions such as Convention No. 87 and the ILO Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

The Labour Code also regulates the formation of trade unions, their rights and obligations, empowering the Ministry of Labour to register and activate these organizations.

In order to have clear internal standards which allow the free exercise of rights without any interference from the State, the Ministry of Labour issued Ministerial Decision No. MDT2024012, published in the Official Register on 24 February 2024, issuing the “Regulations on labour organizations with regard to the exercise of the right to trade union freedom and autonomy”.

The Government has provided the following supplementary written information on 3 June 2024.

Article 154(1) of the Constitution of the Republic of Ecuador (National Constitution) provides that the duties of the Ministry of Labour are to direct public policies in its area of responsibility and to issue administrative decisions as required within its managerial function.

Consequently, the “Regulations on labour organizations” were issued via Ministerial Decision No. 130, regulating the establishment and registration of trade unions and their constitutions, as well as the procedures for the reform of constitutions and the registration of the union executive committee in accordance with the provisions of the Labour Code. However, this legal instrument lacked provisions relating to second- and third-level organizations, and contained regulatory standards which were not consistent with the Labour Code. Hence it was essential to create machinery for the recognition and implementation of the rights granted to labour organizations.

This state ministry, on the basis of the commitments entered into by Ecuador which feature in international treaties and conventions, as well as recommendations of the ILO supervisory bodies and their main elements, in order to put the country in a position to honour its international commitments and comply with international standards relating to labour, trade union and universal social security rights, has even considered requests from trade unions.

Article 326(7) and (8) of the Ecuadorian Constitution establish the right to freedom of association, which must be complied with, especially as the international instruments which recognize it do not limit the right to freedom of assembly or association under any circumstances. Consequently, this state ministry, in observance of the National Constitution and Convention No. 87 ratified by Ecuador, which establishes the right to freedom of association and protection of the right to organize, issued Ministerial Decision No. MDT2024012 issuing the “Regulations on labour organizations with regard to the exercise of the right to trade union freedom and autonomy”. These Regulations incorporate requirements, guidelines, procedures and actions aimed at ensuring trade unions’ right to freedom of association and simplifying formalities so as to issue a timely response to users in accordance with the Labour Code.

On 9 May 2024, Executive Decree 255 (“Regulations on occupational safety and health (OSH)”) was published in the Official Register. The main objective of these Regulations is to promote a culture of prevention and protection with regard to OSH and strengthen its regulatory framework, through the implementation of public policies and actions enabling the reinforcement of OSH. These Regulations are applicable throughout the country and are binding on all public and private officials, employers and workers, including the armed forces and civic safety and public order entities, as well as paid homeworkers who are autonomous and not in a dependent employment relationship.

Accordingly, Ecuador has a regulatory framework which promotes the fundamental rights, health, safety and well-being of workers.

Lastly, the Government, through the Ministry of Labour, in accordance with the principle of good public administration, remains firm in meeting its obligations and handling requests from trade unions in a timely manner, providing its services in strict adherence to the principles of efficacy, efficiency, quality, hierarchy, devolution, decentralization, coordination, participation, planning, transparency and evaluation, in accordance with the requirements and procedures applicable to each case. Hence, on the basis of the provisions of article 326(7) and (8) of the National Constitution, and Article 3(1) and (2) of ILO Convention No. 87, trade union executive committees are registered, with respect for their freedom of association and their right to organize. This enables them to carry out the activities inherent to their institutional life in full autonomy, safeguarding legal certainty through the corresponding legal analysis, which includes verification of the basic requirements, and also through section 449 of the Labour Code and the legal authority of whoever convenes, legitimizes and certifies the election process.

Discussion by the Committee

Chairperson – I invite the representative of the Government of Ecuador, Ambassador and Permanent Representative of Ecuador to the United Nations Office in Geneva, to take the floor.

Government representative – The Government of the Republic of Ecuador thanks the Secretariat of the Committee for the assistance provided in ensuring the participation of the Ecuadorian delegation at this session with regard to the application of Convention No. 87 in our country.

Despite the complex situation faced by Ecuador because of the internal armed conflict, which is public knowledge, the Government has endeavoured to send updated information on the progress made regarding the requests for information from the Committee on Freedom of Association (CFA) and the Committee of Experts.

Irrespective of this information and the replies, I would like to begin my statement by pointing out that article 326(7) and (8) of the Ecuadorian Constitution expressly guarantees freedom of association, recognizing the right of workers to establish trade unions and associations and to join them freely.

Specifically, article 326(7) provides as follows: “The right and freedom to organize shall be guaranteed to workers, without prior authorization. This right includes that of forming trade unions, guilds, associations and other forms of organization, joining those of their choice and freely withdrawing from them. The right to organize is likewise granted to employers.”

Article 326(8) provides as follows: “The State shall encourage the creation of workers’ and employers’ organizations, pursuant to the law; and shall promote the democratic, participatory and transparent functioning thereof, with rotation of leadership.”

Furthermore, section 440 of the Labour Code provides that workers and employers, without distinction and without the need for prior authorization, shall have the right to constitute professional associations or trade unions of their choosing.

Article 441 establishes the purposes of labour organizations, whether professional associations or trade unions. These purposes are as follows: “(…) vocational training, culture and education whether general or applied to a specific branch of work, mutual support through the formation of cooperatives or savings banks; and any others aimed at the economic and social improvement of workers and the defence of their class interests”.

Other provisions of Ecuadorian labour legislation consistent with the principles of the Convention prohibit any form of discrimination against workers on account of trade union membership and establish mechanisms for the protection of the rights of trade unions.

On the basis of this regulatory framework, the Ecuadorian Government actively promotes social dialogue and the participation of the trade unions in the formulation of labour policies and decisions that affect the workers.

To this end, consultation and collective bargaining bodies have been established to address relevant subjects such as the creation of employment, the analysis of economic and labour trends and fixing of wages, through the National Labour and Wages Board, which holds ongoing meetings on a bimonthly basis with a view to facilitating dialogue between the parties and reaching greater consensus.

The inclusion of the trade unions in decision-making processes helps to strengthen democracy and ensure that labour policies are inclusive and representative of the workers’ interests.

However, in order to facilitate and strengthen the full exercise of these rights, the Ministry of Labour recently issued the “Regulations on labour organizations with regard to the exercise of the right to trade union freedom and autonomy”, via Ministerial Decision No. MDT-2024-012 of 24 February 2024. The purpose of these Regulations is set out in section 1, as follows: “(…) standardization of procedures for the establishment of workers’ organizations in general; approval, reform and codification of their constitutions; and registration of executive committees and other acts related to the judicial life of labour organizations within the legal powers conferred on the Ministry of Labour. In the application of these regulations, account shall be taken of the legal principles and doctrines which govern this matter such as freedom of association and trade union autonomy, and also minimum intervention and the absence of any interference in the internal life of organizations that would restrict their rights or hamper the legal exercise thereof (…)”.

These Regulations seek to guarantee the exercise of freedom of association and trade union autonomy in Ecuador, and to establish a detailed regulatory framework for the establishment, functioning and dissolution of trade unions. Through this instrument, and in accordance with the provisions of the Ecuadorian Constitution and international standards, including the Convention in particular, the Ecuadorian State brings clarity and transparency to procedures relating to the establishment of trade unions and labour federations and confederations. The application of the Convention also promotes internal democracy within these organizations by regulating electoral processes for the election of executive committees and by establishing mechanisms for the resolution of internal disputes, thereby guaranteeing an environment conducive to the full exercise of trade union rights and greater representativeness of the workers. The importance of these Regulations lies in their contribution towards strengthening the trade union fabric in Ecuador, facilitating the active participation of the workers in the defence of their interests, and in the construction of fair and equitable labour relations.

In addition, in order to handle formalities for labour organizations with greater and more effective diligence, Ministerial Decision No. MDT 2024-040 of 19 March 2024 was issued, whereby the implementation of decentralized procedures for labour and social organizations was delegated to the regional labour and public service directorates and labour organizations directorate. As indicated in the above-mentioned Ministerial Decision, the decentralization of procedures relating to labour organizations enables quicker and more direct access to formalities for labour organizations throughout the country, delegating the implementation of these procedures to the regional labour and public service directorates of the Ministry of Labour. In this way, there is less need for the organizations to go to the headquarters of the Ministry, thereby saving time and resources, as well as enabling the handling of these formalities to be geared to the specific needs and realities of each region, with the regional authorities having better knowledge of particular local features, providing a more personalized and efficient service to labour organizations.

Even though it is very early for evaluating the application of these Regulations, so far 520 procedures have been registered, of which 464 have been processed and the remainder are awaiting finalization.

It is also important to emphasize that these actions and developments in terms of standards and public policies relating to freedom of association and trade union autonomy form part of other, wider actions and policies of the Government aimed at the creation of new jobs, guaranteeing compliance with other workers’ rights and conformity with the actions of the “Development plan for a new Ecuador 2024-25” and efforts to achieve a deep and open transformation in order to make improvements in the labour sphere involving the entry of young persons into the job market and the availability of inclusive work.

An example of this is the compliance of the Ministry of Labour with Constitutional Court ruling No. 141-18-SP-CC, which found that the constitutional rights of former outsourced workers of the Cervecería Nacional company had been violated and ordered the Ministry of Labour to determine the beneficiaries and the overall amount of earnings corresponding to the years 1990–2005. The total number of former outsourced workers was established at 2,626 persons, with total earnings amounting to more than US$51 million, the payment of which was undertaken via the relevant administrative procedures in over 80 per cent of cases.

Another example of the Government’s political will to fully honour its international commitments in labour matters through concrete actions is the recent holding of the 5th Ibero-American Conference of Ministers of Labour, which was held on 22 May 2024 as part of the 29th Ibero-American Summit of Heads of State and Government. This involved the participation of 23 countries represented by labour ministers and deputy ministers and labour ministry delegates from the region and also from the accredited diplomatic corps in Ecuador, in addition to four countries which participated online.

At the end of this Conference, a ministerial declaration was adopted for the promotion of youth employment and inclusive employment in Ibero-America, in which Ecuador together with the other countries of the region undertook to boost decent employability taking account of training, linkages with job opportunities and the necessary skills for entry into the job market and inclusion, including access to social security systems.

Moreover, through this declaration, the signatory countries agreed to recognize, value, redistribute and reduce care work done by young women and underlined the need to adopt comprehensive and differentiated public policies providing active support for employment, especially for young persons and groups in situations of vulnerability, and for indigenous and Afro-Ecuadorian groups.

In this regard, at the national level Ecuador adopted in December 2023 the Economic Efficiency and Employment Creation Act, which seeks to foster sustainable economic development and the creation of jobs for young persons through tax incentives, as well as providing training free of charge to strengthen occupational profiles and facilitate linkages with the job market by strengthening the public employment service in line with the Sustainable Development Goals of the 2030 Agenda.

Furthermore, as part of the efforts to improve timely access to work, from 20 December 2023 to mid-April 2024, some 150,050 employment contracts were registered in the various business and production sectors of the country for young persons in the 18–29 age group.

In addition, in order to promote the entry of women into the labour market under equal conditions, Ecuador has established, as part of the implementation of its obligations and public policies, the creation of equality plans, the Sello Violeta (violet seal) award as well as other awareness-raising and capacity-building tools to strengthen compliance with laws such as the Violet Economy Act, the Basic Act on Equal Pay for Women and Men and the Basic Disability Act, which establishes a compulsory 4 per cent quota for persons with disabilities.

At the regional level, the Government of Ecuador is seeking to increase cooperation mechanisms and exchanges of experience to facilitate access to new opportunities in the labour sphere and the development of joint projects, among other alternatives for workers and employers.

In this regard, next July, the Labour and Employment Promotion Minister of Peru and the Labour Minister of Ecuador will sign an interinstitutional cooperation agreement which will serve as the basis for the implementation of the 2024–25 work plan relating to the “Bi-national network for cooperation and international affairs”, promoting the exchange of knowledge and good practices, implementing joint actions to boost improvements in the areas of bilateral cooperation on labour and employment promotion, putting emphasis on inclusive youth employment, fostering social dialogue, facilitating dispute settlement tools through mediation, and working towards eliminating gaps and discrimination, with priority given to vulnerable groups.

In short, the approval and execution of the above-mentioned laws, public policies and programmes demonstrate the firm will of the Government of Ecuador to continue ensuring full compliance with the Convention and with promotion of freedom of association, protection of workers’ rights and the creation of employment. The actions taken by the Ecuadorian Government reflect a strong commitment to the principles established in this Convention and we are ready to continue collaborating with the ILO and other international actors to intensify these efforts even further and guarantee full respect for labour rights and to promote employment in Ecuador.

On the basis of this will and these commitments, I would like to finish by calling on the tripartite constituents to recognize the significant progress made by Ecuador in this sphere and to provide the assistance which, at the request of the Government and the social partners, is required to consolidate the results of this progress.

Employer members – Firstly, I would like to say that the very least that this Committee can do, in accordance with article 3(1) of the ILO constitution, is to remind the Government of its obligation to appoint a tripartite delegation to the Conference, an obligation which the Government has not fulfilled. In sending an exclusively governmental delegation, the Government deprives the country’s employers and workers of the right to be represented at the ILO’s highest decision-making body and to participate in its work. Without the participation of representatives of the Government, employers and workers, the Conference cannot function properly or achieve its objectives. The case is being examined by the Credentials Committee.

I will now begin my comments on the case with which we are concerned.

We thank the Government representative for his presentation and we note his statements on the scope of the “Regulations on labour organizations with regard to the exercise of the right to trade union freedom and autonomy” (Ministerial Decision No. MDT-2024-012). We hope that this will indeed contribute in practice to resolving the issues raised by the Committee of Experts and we will be happy to know how the aforementioned Committee evaluates these Regulations. At all events, we are aware that these provisions only give effect to certain aspects of those contained in higher laws, and it is the handling of this matter which is the subject of our discussions.

We will now comment on the various aspects of this case.

Here we have a long-standing case which has been examined on multiple occasions by the Committee, the last time having been in 2022. The Government has indicated that the political situation in the country has prevented the implementation of the direct contacts mission agreed upon in 2022. We trust that this mission will finally go ahead in practice very soon and achieve results, from now on with social dialogue at national level as its core component. Regardless of the foregoing, we think it necessary to make specific reference to certain aspects, as follows:

Trade union rights and civil liberties. The Committee of Experts deplored the murder of Mr Sandro Arteaga Quiroz and we echo this stance. The judicial system must investigate the violent death of the secretary of the Union of Workers of the Manabí Provincial Government and punish those responsible, and do this within a reasonable period of time. We strongly condemn all acts of violence, especially when they result in the loss of human life, and we highlight the obligation of all States to guarantee that employers’ and workers’ organizations can freely exercise their legitimate rights under the Convention.

Excessive number of workers (30) required for the establishment of workers’ associations and enterprise committees. Possibility of creating trade union organizations by branch of activity. As regards the restrictions established in the Ecuadorian Labour Code and the request of the Committee of Experts to amend the sections relating to these aspects, we agree with that Committee’s approach that workers must be able to freely establish organizations of their own choosing and that a reasonable level of representativeness must be required in order to sign collective agreements.

As we have said previously, in similar cases and precisely in the discussion of this one in 2022, there is a need to underline the fact that the Committee of Experts recommends the revision of standards which refer to one of the institutions which incorporate the collective right to work, without entering into aspects relating to other such institutions. We understand that what is needed is a comprehensive review of all elements constituting the collective right to work so that the latter maintains its internal coherence.

As we have said previously and we reiterate, the amendment of one standard in isolation will always have repercussions on the others. So the reform needs to be comprehensive, otherwise the system will become dysfunctional.

The isolated assessment of the number of persons needed for forming a union seems limited since it does not address the criteria for representativeness in collective bargaining or in such a way that there would be an undesirable fragmentation of trade union organizations.

At any rate, the Committee of Experts’ comments could serve as the starting point for a national tripartite discussion which, taking account of the collective bargaining culture – especially at enterprise level – which has existed in Ecuador, would create a consistent system of standards that responds to the wishes of workers who want to organize as a union, without any further requirements or obstacles and without discarding the representativeness needed to give authority to bargain collectively, thereby guaranteeing to the employers of the country a system that offers legal certainty and peaceful labour relations.

As regards the comments of the Committee of Experts regarding training and the representativeness of branch trade unions, it should be recalled that the standards that govern bargaining at the enterprise level would be difficult to apply directly to collective bargaining by branch of activity. As we have already said, tripartite dialogue should be the way towards drawing up a legislative proposal which addresses this sensitive subject appropriately.

As regards compulsory time limits for convening trade union elections and the requirement to be of Ecuadorian nationality to hold trade union office or for non-unionized workers to be elected to an enterprise committee, we call on the Government to respect the freedom of employers’ and workers’ organizations to organize freely in accordance with the Convention and we echo the comments of the Committee of Experts when inviting the authorities to hold consultations with the social partners to establish a dialogue on the aspects that call for revision.

As regards the application of the Convention to the public sector, we urge the Government to provide any information requested by the Committee of Experts in order to cast light on the issues raised.

In conclusion, the Employers trust that the visit of a direct contacts mission to Ecuador as agreed in 2022 will actually take place very soon and the Government will avail itself of ILO technical assistance in order to align its labour legislation, in accordance with specific national features and in consultation with the workers’ and employers’ organizations.

Worker members – Firstly, as spokesperson of the Workers’ group, I would like to express our vigorous rejection of the refusal of the Ecuadorian Government to register a tripartite delegation to participate in this Conference. This omission is not only serious in itself but since it relates to a case which will be examined by this Committee it is a direct affront to the ILO standards system.

The Ecuadorian Government was notified well in advance that this case might be examined by the Committee. However, it chose directly to ignore its international responsibilities and commitments, although in the end, and only after intense persuasion on the part of the ILO, the Government decided to take part. The refusal to register a tripartite delegation restricts in an unacceptable manner the right of the workers’ and employers’ representatives to participate in this Committee and at this Conference. Ecuador has shown blatant disrespect not only towards the ILO but also towards every delegate at this Conference, thereby undermining the integrity and effectiveness of the international labour standards system.

The Committee of Experts is spending time putting forward a series of important observations on law and practice relating to freedom of association and collective bargaining in Ecuador. We also discussed this at the 110th Session of the International Labour Conference in 2022. But regrettably there have still been no improvements made.

The Worker members regret that two years since the Committee, in the context of examination of the Convention, invited the Government to avail itself of technical assistance and accept a direct contacts mission, no progress has been made, and so we are obliged to return to discussing the enormous challenges to freedom of association faced by the workers in the country. Our group deeply regrets that no progress has been made in elucidating the facts of the murder of Mr Sandro Arteaga Quiroz, secretary of the Union of Workers of the Manabí Provincial Government, which occurred on 24 January 2022. This is an unacceptable situation and calls for immediate action on the part of the Government to ensure that justice is done for Mr Quiroz, his family and his friends.

The situation of insecurity in Ecuador has given rise to a considerable and very worrying increase in the number of complaints of violence against trade union leaders, including murders and threats. In this regard, the Workers’ group expresses its concern at the implementation of new Executive Degree No. 730, ordering the armed forces to take action to suppress organized crime, since the wording thereof could enable it to be applied against any attempt at mobilization of the people or social activism.

The standards referred to this afternoon by the Government relating to trade union autonomy are clear evidence of interference in the trade unions, since the State does not grant autonomy to trade unions to self-regulate but merely recognizes them. Moreover, these standards do not provide a structural solution to the issues which I am about to describe.

For a number of years, the Committee of Experts has been indicating to the Government the need to amend sections 443, 449, 452 and 459 of the Labour Code to reduce the minimum number of members required for establishing workers’ associations and enterprise committees, and to enable the establishment of primary-level trade unions which comprise workers from several enterprises.

We regret to note that despite repeated calls to bring the legislation into line with the Convention and the offer of technical assistance, the Government has not launched any process, in consultation with the social partners, to revise the sections relating to the number of workers needed to establish workers’ associations and enterprise committees.

We observe that the major enterprises in the country only represent 0.5 per cent and so it would be impossible to form unions in over 90 per cent of production units. Apart from this, section 49 of the Labour Justice Act that would have amended section 459(4) of the Labour Code and removed the requirement of Ecuadorian nationality to stand for union office was declared unconstitutional. As a corollary to the declaration of unconstitutionality, the aforementioned section reverted to its original wording and imposes the requirement of Ecuadorian nationality to be eligible to be an officer of an enterprise committee.

Furthermore, the Committee of Experts had referred to the need to amend section 459(3) of the Labour Code, which provided that the role of officer of an enterprise committee may be filled by any worker, whether or not a union member, who stands for office.

Regrettably, the above-mentioned 2018 ruling of the Constitutional Court also affected the wording of this article, which reverted to its original wording, according to which there is no provision for non-unionized workers to be able to participate in enterprise committee elections.

An urgent matter for the workers in Ecuador which has been the subject of repeated observations from the ILO supervisory bodies relates to section 11 of the Basic Act reforming the legislation governing the public sector (Basic Reform Act), adopted in 2017, which establishes the right to organize for public servants. However, certain categories of public employees were excluded from that right, especially those under contract for occasional services, those subject to free appointment and removal from office, and those on statutory, fixed-term contracts.

Despite receiving repeated appeals, the Government has shown absolutely no political will to initiate a process of change. Such is the Government’s omission that it has not even sent information to the Committee of Experts in relation to this request.

Lastly, the Committee of Experts has been drawing the Government’s attention to the need to amend section 346 of the Basic Comprehensive Penal Code – which provides for imprisonment of one to three years for stopping or obstructing the normal provision of a public service – so as to prevent the imposition of criminal penalties on workers engaged in a peaceful strike.

Once again, the Government is failing to implement the recommendations of the Committee of Experts and is not making any progress in this respect.

The Worker members regret that despite the existence of a ruling handed down in 2021, which ordered the Ministry of Labour to register the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC) as a branch union, and also ordered the Ministry to adopt regulations for the registration of unions by branch of activity, the Ministry has not fully complied with the ruling, refusing to adopt regulations for the establishment of branch unions and asserting that the ruling on the registration of ASTAC is only applicable between the parties and its legal effects do not extend beyond them.

The comment of the Committee of Experts should be recalled, that under the terms of Articles 2 and 3 of the Convention, workers must be able, if they so wish, to establish primarylevel organizations at a level higher than the enterprise.

Lastly, we are bound to mention the decision concerning the administrative dissolution of the National Federation of Education Workers (UNE), which still awaits a definitive ruling eight years later. We note the Constitutional Court ruling of 12 July 2023 on this case. But we wish to reiterate the position of the Ecuadorian trade unions that the Government should revise its own acts and overturn the administrative act which dissolved the UNE, without a judicial order to that effect being essential.

With the passing of the years, violations of the Convention on the part of the Government are accumulating. The workers of Ecuador deserve to enjoy trade union rights. The Government should fulfil its international commitments and show a real willingness to apply our Committee’s recommendations.

Government member, Belgium – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries, Albania, Montenegro, North Macedonia and the Republic of Moldova, and the European Free Trade Association country Norway, member of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the respect, protection, and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

Following the Conference Committee’s conclusions in June 2022, the Government of Ecuador was invited to avail itself of technical assistance from the Office and was requested to accept a direct contacts mission. We note the Government’s indication that it will resume talks with the ILO this year with a view to a possible direct contacts mission. We express our hope that swift progress will be made in this regard.

We note the allegations submitted by trade unions and the Government’s partial reply, including on the alleged detention of demonstrators during a national strike in 2021, the remaining obstacles to the functioning of trade unions, and the possible repression of social mobilization or protests. We echo the call of the Committee of Experts to provide more information on these issues.

We note with regret that no progress has been made in the investigation of the murder in January 2022 of Mr Sandro Arteaga Quiroz, secretary of the Union of Workers of the Manabí Provincial Government. We strongly urge the Government to take the necessary actions without delay to ensure criminal prosecution and sentencing for this crime.

We take note of the serious restrictions on freedom of association and the right to organize in the private sector. We echo the Committee of Experts’ call urging the Government to review several sections of its legislation, in consultation with the social partners. Several sections of the Labour Code need to be revised to reduce the minimum number of members required to establish workers’ associations and enterprise committees, enable the establishment of trade unions organizations by branch of activity, remove the requirement of Ecuadorian nationality to be eligible to be an officer of an enterprise committee, and authorize non-unionized workers to participate in enterprise committee elections. We recall that trade union elections are an internal matter for the organizations. For this reason, we also expect the amendment of the “Regulations on labour organizations” (Ministerial Decision No. 0130 of 2013), which provides for compulsory time limits for convening trade union elections.

We also note concerns raised by the Committee of Experts in relation to freedom of association and the right to organize in the public sector. Given the exclusion of certain categories of public employees from the right to organize, we urge the Government to bring its legislation into conformity to ensure that all workers, with the sole exception of the police and armed forces, are able to establish and join organizations of their own choosing. Moreover, we recall that no organization of public servants should be deprived of the essential means for defending the occupational interests of its members and request the Government to ensure trade union pluralism. The Basic Comprehensive Penal Code should also be amended in order to avoid the criminalization of social protest.

Regarding the dissolution of public servants’ associations, we urge the Government to ensure that the provisions of Decree No. 193, which maintain engagement in political activities as grounds for dissolution, are not applied to associations of public servants whose purpose is to defend the economic and social interests of their members. Finally, we echo the request of the Committee of experts to obtain additional information on the case of the administrative dissolution of the National Federation of Education Workers.

We encourage the Government to make progress in the adoption of specific, effective and time-bound measures, in consultation with the social partners, in order to bring the legislation into conformity with this fundamental Convention. The EU and its Member States remain committed to a joint constructive engagement with Ecuador.

Government member, Peru – I make this intervention on behalf of the group of Latin American and Caribbean countries (GRULAC). We appreciate the information provided by the Republic of Ecuador regarding the observations made by the Committee of Experts on the Convention. In this regard, GRULAC takes note of the efforts of the Ecuadorian State to strengthen social dialogue in the country, including by issuing the “Regulations on labour organizations with regard to the exercise of the right to trade union freedom and autonomy”. These Regulations incorporate requirements, guidelines, procedures and actions aimed at ensuring trade unions’ right to freedom of association and simplifying formalities so as to issue a timely response to users in accordance with the Labour Code.

We value the recent adoption of the “Regulations on occupational safety and health (OSH)”, whose main objective is to promote a culture of prevention and protection with regard to OSH and strengthen its regulatory framework, through the implementation of public policies and actions.

We appreciate the information provided on the registration of the executive committees of trade unions, and encourage Ecuador to continue its efforts to undertake such registration, observing the principle of freedom of association and the right to organize, so that these executive committees can carry out the activities inherent to their institutional life in full autonomy, safeguarding legal certainty through the corresponding analysis, which includes verification of the substantive requirements, and also through section 449 of the Labour Code and the legal authority of whoever convenes, legitimizes and certifies the election process.

On the basis of the above, we encourage the Ecuadorian State to continue with the promotion of social dialogue and tripartism, as well as the efforts made to apply the Convention both in law and in practice. Lastly, we urge the ILO Office to continue providing technical cooperation for Ecuador.

Worker member, United States of America – American workers stand in full solidarity with Ecuadorian trade unions as they continue to face threats, violence and unjust dismissals for exercising their right to organize under the Convention. For several years, the Committee of Experts has repeatedly asked the Government of Ecuador to revise its Labour Code to remove several arbitrary restrictions on the right of workers to freely organize trade unions. The Committee of Experts has provided the Government with clear and specific guidance, but regrettably we are still waiting for the law to be amended.

This is an important case as the deficiencies in the Labour Code identified by the Committee of Experts go directly to the heart of the ability of workers to organize trade unions at both the enterprise and sectoral level. For example, the Committee of Experts has found that the existing requirement of a minimum of 30 workers to form a trade union is simply too high and constitutes an unreasonable obstacle to the formation of trade unions. Since the vast majority of Ecuadorians work in small and medium-sized enterprises with fewer than 30 employees, they are effectively denied the right to organize and bargain collectively.

In addition, the Committee of Experts has repeatedly asked the Government to lift the current ban on sectoral trade unions, which has been used by the Ministry of Labour to deny workers their right to organize and bargain at the sectoral level. Workers in the public sector are still denied their right to bargain collectively or take industrial action to defend their rights and economic interests. Taken together, these legal restrictions on the formation of trade unions are clearly intended to frustrate legitimate trade union activity and represent a clear violation of the Convention.

These violations are especially relevant as the Government of Ecuador seeks closer trade and investment ties with the United States. United States trade policy explicitly links access to our market to the adoption and enforcement of labour laws consistent with the 1998 ILO Declaration on Fundamental Principles and Rights at Work. Accordingly, we call on the Government of Ecuador to accept a direct contacts mission as soon as possible and take action to revise its Labour Code to come into compliance with the Convention.

Worker member, Spain – I am speaking on behalf of the Spanish General Union of Workers (UGT) and the Trade Union Confederation of Workers’ Commissions (CCOO). Firstly, I would like to lend my voice to the workers’ and employers’ repudiation of the Ecuadorian Government’s refusal to register a delegation to participate in the Conference.

With regard to the content of the case under consideration by the Committee, it is important to recall that this Committee’s task is to examine the content of the case, not to analyse the country’s labour policy more generally. Like in 2022, Ecuador is once again under examination regarding its compliance with the Convention.

One of the aspects under consideration by the Committee is the Government’s application of Article 2 of the Convention, specifically the possibility of creating trade unions by branch of activity. In this regard, regrettably, we must highlight the fact that the Ecuadorian Government continues to violate the provisions of this Article.

Although, as noted in the report of the Committee of Experts, the Government registered ASTAC as a branch union in accordance with a 2021 ruling, it continues to restrict the possibility of creating trade unions by branch for other organizations that have requested to do so.

Curiously, and contrary to the views expressed by the Committee of Experts and the Committee on Freedom of Association (CFA), the Ecuadorian Government bases its refusal to register branch unions on the surprising argument that its legislation does not allow for such a possibility. This position constitutes an unacceptable attempt by the Government to justify its violation of the Convention.

This is demonstrated mainly by two issues summarized once again this year in the report of the Committee of Experts.

Firstly, the Ecuadorian Government has applied for an extraordinary protection order against the ruling, which remains pending in the Constitutional Court.

It is worrying that the Government has decided to apply for such an order against a ruling that has been considered by the Committee of Experts in its reports, and by this Committee in its recommendations, as progress in its observance of the Convention and after those bodies had urged it to provide information on its compliance.

In other words, the response of the Ecuadorian Government has been to do the opposite of what was recommended by the Conference Committee and by the CFA, adopting an unacceptable attitude to justify its non-compliance with the Convention.

The Ecuadorian Government seems to think, once again, that it can put forward arguments to justify violating a fundamental Convention. Clearly, and luckily, that is not how the ILO standards supervisory system works.

Secondly, as if lodging an appeal against a ruling that would improve compliance with the Convention were not bad enough, the Ecuadorian Government has refused to comply fully with that ruling by refusing to adopt regulations for the establishment of branch unions.

The seriousness of the Ecuadorian Government’s refusal to comply with that part of the ruling is clearly reflected in the report of the Committee of Experts, which refers to the examination by the CFA in Cases Nos 3148 and 3437, where it “noted with regret that, despite its recommendations and follow-up by the Committee, both the national legislation and the practice of the Ministry of Labour still did not allow the establishment of primary-level unions comprising workers from various enterprises.”

Lastly, to this history of non-compliance by the Ecuadorian Government we must add its ongoing failure to put in place the direct contacts mission requested by the Committee in 2022.

While the Government’s repeated violation of Articles 2 and 3 of the Convention is serious in and of itself, the actions described, which run counter to the recommendations of the Conference Committee and the CFA, require this Committee to adopt the strongest possible measures to ensure that the Ecuadorian Government ceases its strategy of undermining the Convention.

Worker member, Uruguay – With regard to the report of the Committee of Experts, we would like to focus on the particular situation of the UNE, whose complaints were supported by Education International (EI) as well as national organizations. The background to this case is well known and involves clear contraventions of the Convention by Ecuador, and in this case of Article 4 in particular.

With regard to the facts on which the Committee of Experts has requested information, we can confirm categorically that the Government of Ecuador continues to violate Article 4 of the Convention and is ignoring the recommendations of the supervisory bodies regarding the administrative dissolution of the UNE.

The registration of the UNE with the Ministry of Education is the result of the efforts of its affiliates to restore its legal personality, not of a decision by the State to restore it. It should be noted that the Ecuadorian State does not recognize this new organization as a trade union, but as a civil society organization, thereby limiting its trade union action. Because the UNE’s legal personality has not been restored and another organization with a similar name, UNEE, has been created, the seized property has not been returned, and nor have all other consequences resulting from the administrative dissolution of the UNE been removed. This affects the organization’s normal functioning because the seized property remains in the hands of the liquidation board, leading to the accumulation of debts with local governments, potentially resulting in confiscation of the property.

We agree with the comments made in this room with regard to the absence of a tripartite delegation to this Conference, and we add that we are deeply concerned at the Government representative’s statement before this Committee. The seriousness of the reported facts means that there is an urgent need for all reports, which in general are divorced from reality, to be replaced with facts. The partial rectification of this rights violation resulted from the State’s processing of the appeal lodged by the UNE, which was partially granted by the Constitutional Court, ordering the restoration of the UNE’s legal personality by the Ministry of Education and the return of all its property.

Observer, Public Services International (PSI) – I would like to begin by expressing profound regret at the Government’s poor attitude to the consideration of this case by the Committee. Its late request for accreditation, which prevented the social partners from participating in the Conference and in this Committee in particular, and above all its copying and pasting of legal provisions which it has attempted to pass off as additional information, demonstrate, yet again, its lack of commitment and seriousness in relation to the work of this Committee and compliance with the legal obligations arising from its ratification of ILO Conventions.

The Committee of Experts has also highlighted this behaviour. In its observation on Ecuador’s application of the Convention it states that no measures have been adopted to follow up the conclusions of the previous discussion in 2022, and, in particular, no progress has been made as regards the direct contacts mission or the Office’s proposed technical assistance. The Committee of Experts also regrets at various points in its observation the Government’s failure to provide information on its application of the Convention in the public sector, obliging the Committee of Experts to repeat its previous observations.

I would also like to point out that this is the fourth consecutive Government that has appeared before the Committee to offer explanations. Some have even made promises, none of which have been kept by any of these governments, unfortunately.

We have been lodging complaints of blatant violations of public servants’ freedom of association for almost 30 years, and we will keep on doing so, here and in other national and international forums, if necessary.

In that connection, and in line with the conclusions of the last discussion, we once again demand full respect for the Convention and compliance with the observations and recommendations of the different ILO supervisory bodies in this regard.

In particular, we demand respect for the right of workers, including public sector workers, to establish the trade unions of their own choosing and formulate their programmes; the launching of consultations with the social partners to reform the current legal framework to align it with the Convention; and the implementation of the road map presented in December 2019 by the ILO technical assistance mission, which remains relevant.

In summary, we hope that the conclusions in this case reflect once more the seriousness of the reported facts and the different governments’ persistent ignoring of them.

Observer, International Trade Union Confederation (ITUC) – I am speaking before this Committee on behalf of the Ecuadorian Confederation of Free Trade Unions (CEOSL) as a delegate of our international umbrella trade union organization, ITUC, owing to the Ecuadorian State’s failure to request official accreditation. We strongly deplore the systematic violation of the Convention in Ecuador. This case has been examined by the Committee of Experts 28 times in the last 34 years and has been examined by this Committee on four occasions in the last decade: in 2014, 2019, 2022 and now, in 2024.

On this occasion, the Government did not request accreditation for worker or employer delegates in an attempt to shirk its international obligations. No State should be allowed to take such action, which would set a regrettable precedent for this Committee and harm the efficiency of the standards system.

In the Committee’s 2022 conclusions, the Ecuadorian State was urged to avail itself of technical assistance and to accept a direct contacts mission. It did not make use of either mechanism.

Currently, against a backdrop of a declaration of internal armed conflict – which we believe to be unconstitutional – the militarization of the country and the linking of any form of opposition to organized crime, organized workers are at risk. No progress has been made in the investigations into the murder of Mr Sandro Arteaga Quiroz, a trade union leader from Manabí, on 24 January 2022.

This context is made worse by long-standing restrictions, including:

• (i) the inability of public sector workers designated as “public servants” to establish trade unions or engage in collective bargaining; and
• (ii) the excessive number of workers required to establish trade unions and the impossibility of creating trade union organizations by branch of activity.

With regard to the latter point, we must point out that microenterprises make up 93.3 per cent of production units. These enterprises employ fewer than ten workers. The percentage of workers able to organize is therefore negligible if the number of workers required to establish a trade union is 30, if trade unions cannot be created by branch of activity and if the unionization of “public servants” is limited.

We estimate that collective bargaining covers less than 1 per cent of the economically active population.

To this, we must add a series of anti-union practices, such as the division of organizations, the creation of employers’ organizations, and the persecution and harassment of trade union leaders and members, including through anti-union blacklists. In addition to imposing requirements not set out in regulations, the Ministry of Labour also causes arbitrary delays to the registration of new trade unions and union executive committees.

In response, and in the face of the State’s continued failure to bring national regulations into line with the Convention, we as trade union organizations have drafted, debated and submitted to the National Assembly, a few days ago, a bill which would guarantee freedom of association and which incorporates the comments of this Committee and the Committee of Experts. We hope that the Ecuadorian State will seize the opportunity presented by the bill to meet its international obligations and guarantee workers’ rights.

We ask this Committee to request the Government to establish a high-level commission to set out a road map for dialogue that addresses and resolves the aforementioned problems.

Observer, Confederation of University Workers of the Americas (CONTUA) – Without attempting to be original, and at the risk of repeating a phrase uttered in this very Committee two years ago when our group of workers came under a severe verbal attack by the thenMinister of Labour of Ecuador, we believe that this is a case in which we must adopt a strong, exemplary position to prevent non-compliant governments from dismissing our agreed conclusions.

As mentioned by my Ecuadorian colleague, we have dealt with Ecuador four times in the last ten years. In that time, coincidentally, there have been four governments of differing political persuasions, but all, absolutely all, failed to fulfil their commitments.

It could be said that Ecuador is guilty of serial non-observance of international labour standards. If that were not enough, this year it also wins the prize for the country most unwilling to honour its commitments to the ILO thanks to the delays, of which we are all aware, in the accreditation of its delegation, which also prevented the democratic inclusion of the social partners who are employers’ and workers’ official representatives in this discussion. This hinders the mission of the ILO supervisory bodies, and we absolutely cannot accept it.

My colleagues in the Workers’ group have been forceful, and owing to the lack of time I will sum up the situation in a few sentences:

• The number of workers required to establish trade unions in Ecuador is very high in relation to the productive system, and this hinders and practically prevents unionization.
• This problem is exacerbated by the prohibition of trade unions by branch of activity, rendering collective bargaining almost impossible.
• Public sector workers in Ecuador are divided into “public servants” and “public workers”. Public servants, who constitute the majority, are denied the right to organize, and I remind you that these are not officials in positions of trust.
• Anti-union practices are commonplace, namely the creation of company-controlled unions and the restriction and persecution of trade union leaders in a social context worsened by urban violence and drug-dealing gangs.
• The current transitional Government in Ecuador is pursuing the most aggressive labour reforms in the region, undoing historic labour gains. That said, the President of my country is willing to fight it for first place, with only the reining in of his unconstitutional decree by the Supreme Court of Argentina so far preventing him from doing so.

It only remains for me to recall, once again, that in the 2022 conclusions a direct contacts mission was agreed upon and that the Government has delayed such a mission for two years and has yet to accept one.

In that connection, I wish to inform the Committee that through Public Services International (PSI), a global trade union that has always expressed a critical position in this forum, and in an effort to seek dialogue, we agreed to a meeting with the Government in Ecuador. Our global leader headed a mission to the country in October 2022, only for the Government to cancel all the planned meetings after the mission had arrived, offering unacceptable excuses. We cannot allow such practices to be repeated.

We therefore request that our conclusions carry the force merited by the continued lack of compliance on the part of the Government of Ecuador.

Observer, International Transport Workers’ Federation (ITF) – At the heart of the Convention is the unambiguous obligation of States to ensure that all workers, without distinction whatsoever, have the right to establish and join trade unions of their own choosing. This obligation needs to be applied without discrimination of any kind based on occupation or the existence of an employment relationship.

As the Committee of Experts has noted, self-employed and informal workers in Ecuador do not enjoy trade union rights under the Labour Code. This is a clear violation of the Convention.

Workers in the country’s wild-capture tuna fleet in the port city of Manta have been trying for years to legally constitute their union – the Sindicato de Marineros de Manabí. Ecuador has the largest tuna fleet in the Pacific Ocean and the second biggest tuna industry in the world. There are hundreds of active self-employed fishers on Ecuador’s central coast. Yet, these fishers in Manta, who contribute massively to this billion-dollar national industry, are prohibited in law from exercising their trade union rights.

In a letter dated 27 January 2020, Ecuador’s Ministry of Labour confirmed to the union that section 443 of the Labour Code does not recognize the freedom of association of selfemployed workers. The letter also went on to cite the provisions of the Labour Code establishing the 30-worker threshold for trade unions at the enterprise level. So, essentially, even if these workers were classified as employees, they would still be unable to form a union and this is because generally each tuna vessel is registered as a single company. Fishers regularly change vessels, and the average number of crew is 21. Given the nature of the work, fishing contracts are by nature by trip, which is usually between 20 and 40 days. Fishers do not have permanent contracts so organizing by vessel simply would not work. There needs to be a more suitable model adapted to the reality of the industry.

Fishers have conditions of work that are different from those experienced by workers in other sectors. The fatality rate of fishers is typically several times higher than for other workers. Tragically, four fishers died in a vessel fire in Manta just two weeks ago. In April, a vessel observer was killed when two trawlers collided. This is an extremely hazardous occupation, and the proliferation of foreign-flagged fishing raises other concerns, including social protection coverage.

These fishers need and deserve a union to be able to bargain collectively – at the most appropriate level suitable to this most particular industry. This could include a form of sectoral bargaining.

We urge the Government to amend the Labour Code in line with the Committee of Experts’ observations and our Committee’s previous conclusions without delay to ensure that the fishers in Manta, and other informal and self-employed workers, can enjoy freedom of association in law and practice.

In the spirit of social dialogue and cooperation, the ITF would be happy to work with and assist the Government and the national social partners to rapidly bring about this necessary labour law reform.

Observer, Building and Wood Workers’ International (BWI) – The issue of the application of the Convention in the private sector, tied to the fact that the Labour Code requires an excessive number of 30 workers for the establishment of workers’ associations and enterprise committees, is one of the most significant barriers for workers to exercise their trade union rights in the sectors that we represent – construction, forestry and building materials – due to the widespread use of contractualization. Despite the fact that this Committee for several years presented a need to amend the Labour Code in such a way as to reduce the minimum number of members required to establish workers’ associations and enterprise committees and enable the establishment of primary-level unions comprising workers from several enterprises, no such actions have been taken. The current law means that the majority of construction workers working under subcontracted labour providers and forestry workers working under the various types of working groups do not effectively have any way to exercise their right to freedom of association. In addition, we want to support the emphasis that many in this room have placed on the need for the possibility of organizing through branch unions and that this must be guaranteed for all workers, including informal and self-employed.

Despite the 2022 development of registering the first branch union in the country, we are concerned that the legality of its registration is still pending in the Constitutional Court. We strongly reiterate our call in line with that of the Committee for the Government to take immediate action in consultation with the social partners to revise the sections of the law that today limit the workers’ right to organize. This revision should include reducing the minimum number of members required to establish workers’ associations and enterprise committees, and enable the establishment of primary-level unions comprising workers from several enterprises.

Observer, International Organisation of Employers (IOE) – We wish to make the following comments on the observations regarding the application and observance of the Convention’s provisions in Ecuador.

In 2022 the Committee invited the Government of Ecuador to avail itself of the Office’s technical assistance and requested it to accept a direct contacts mission. The country’s situation at the time, including a change of government, and the security problems that we are currently experiencing mean that assistance has not yet taken place. We are confident that the Committee’s request will be met in the near future so that, in consultation with the social partners, the observations put forward may be analysed and, as soon as possible, the agreements reached by the parties through tripartite dialogue are given effect.

In its report, the Committee of Experts deplored the murder of the secretary of the Union of Workers of the Manabí Provincial Government in 2022. While condemning that violent act, we support the request for the competent judicial authorities to make the necessary effort to clarify the circumstances surrounding this abominable crime and sanction the perpetrators with the full force of the law.

With regard to the Convention’s application in the private sector, in its comments the Committee of Experts reiterates the need to amend sections 443, 449, 452 and 459 of the Labour Code in such a way as to reduce the minimum number of members required to establish workers’ associations and enterprise committees. Here we must repeat what the employers of Ecuador have stated on numerous occasions: no Convention ratified by Ecuador contains any provision that specifies the minimum number of members required to establish a trade union. Consequently, the Committee of Experts’ view that the figure of at least 30 workers “is disproportionate and unreasonable in view of the Ecuadorian business structure” is totally subjective, not based on any national or international regulatory provision and, worst of all, made without any understanding of the situation in the Ecuadorian business sector, the labour market or the difference between the formal and informal sectors in our country. In addition, the Committee of Experts has been informed that even if reforms were necessary in this regard, it would not be a matter of simply amending those four sections of the Labour Code. Indeed, it would not only be a question of changing the number of workers required to establish a trade union but also, and necessarily, of reviewing and changing the entire framework surrounding collective labour law and collective bargaining, among others, and the ensuing consequences.

As we have stated repeatedly, the employers’ position is that in labour regulations, for the purposes of collective labour and legal relations, it is vital that the parties’ representatives are sufficiently representative and express unequivocally the majority view. This forum for dialogue and consensus cannot be undermined since it provides the necessary legitimacy for reaching agreements that are appropriate for the parties.

Therefore, we restate our continued openness to conversations on this matter via social dialogue at the National Labour and Wages Board of Ecuador, a national tripartite body to which I am one of the principal employer delegates. Just yesterday, at a session of that Board, we reached a unanimous agreement with the worker representatives on the establishment of two working groups, for the moment: one to address work and employment in general, which could include the matter at hand, and another to address the fundamental matter of vocational training for workers. They will meet in two weeks’ time.

If necessary, the possible routes to reform in this area will be analysed so that any agreements reached can be translated into reforms which are approved by the public authorities but which must also, without fail, have the prior agreement of the social partners.

We believe that the Office can provide advice to assist and support efforts to undertake this dialogue and ensure that it leads to results applicable to the situation in Ecuador. While it is true that the analysis relates to freedom of association, to bring about any type of reform it is vital to first understand the real situation in the labour market in Ecuador – where four out of ten persons have adequate work – in order to gear the reforms towards job creation, respect for labour rights and harmonious relations between the parties.

Lastly, as has already been mentioned, between January and March 2024 the Ministry of Labour adopted ministerial decisions on these matters, including Ministerial Decision No. 012 issuing the “Regulations on labour organizations with regard to the exercise of the right to trade union freedom and autonomy”. The purpose of that Decision is to establish rules for procedures relating to the establishment of workers’ organizations in general, the adoption and review of their constitutions and the registration of their executive committees. These provisions are covered by the previously mentioned article 326(7) and (8) of the National Constitution (in line with the Labour Code, specifically sections 440 et seq.) and in accordance with the provisions of the Convention.

Chairperson – I now invite the representative of the Government of Ecuador, Ambassador, to take the floor for his concluding remarks.

Government representative – I would like to thank the Chair and other officers of this Committee for the attention that you have given to our statement. I would like to thank all persons present for the way in which they have listened to, and taken account of, the explanations given regarding the situation in Ecuador.

We note the statements which have been made today. They are important and we have clearly recorded the comments made by the Employer, Worker and Government representatives, and by all the representatives of civil society who took the floor, and obviously the views that all have expressed on the labour situation that exists in Ecuador.

We note the comments that have been made on the lack of representatives from the three groups, the lack of tripartite representation in the Ecuadorian delegation. Today we have sent a clear explanation to the Secretariat regarding the reasons why Ecuador, because of violence, internal armed conflict and a serious economic crisis in the country, has limited its participation in these meetings of the International Labour Conference and of this Conference Committee.

I hope that these explanations will be understood. Ecuador is going through some difficult moments and for that reason only those already in Geneva representing the Ecuadorian Government, the Ecuadorian State at our country’s Permanent Mission, have been able to be present.

We are grateful for the comments which have been made, we have noted all the opinions, and we will take great care to continue collaborating with the Conference Committee, with the Committee of Experts, with the ILO as a whole, in order to implement appropriate changes to the labour conditions referred to by the Convention. As we have said, Ecuador has made great efforts to ensure and maintain compliance with the provisions of the Convention.

I am officially available, here in Geneva, to respond to any other questions asked.

Worker members – I have noted attentively that the Government of Ecuador has taken note. We would be very happy if it not only takes note but also takes action.

Once again, we vigorously reject the refusal of the Ecuadorian Government to register a tripartite delegation for this Conference, something which violates ILO standards. This decision places unacceptable restrictions on the participation of workers and employers, once again showing, as I have said, disregard for the ILO and compromising the integrity of the labour standards system. It is one more example of Ecuador’s systematic violations of fundamental labour standards and of the Convention in particular.

The Committee of Experts is taking time planning a series of important observations on law and practice with regard to freedom of association and collective bargaining in Ecuador. We also discussed this at the 110th Session of the Conference in 2022 but, regrettably, improvements have still not been made.

Two years after the Government, in the context of dealing with this Convention, was invited to avail itself of technical assistance and accept a direct contacts mission, no progress has been made, and today we are once again discussing the enormous challenges to freedom of association faced by the workers of the country.

In addition, the situation of insecurity in Ecuador has led to a considerable and very worrying increase in the number of complaints of violence against trade union leaders, including murders and threats.

For a number of years, the Committee of Experts has been emphasizing to the Government the need to amend various sections of the Labour Code to reduce the minimum number of members required for establishing workers’ associations and enterprise committees, and to enable the establishment of primary-level unions comprising various workers from different enterprises, among other urgent legislative changes. We regret that despite the repeated calls to bring the legislation into line with the Convention and the offer of technical assistance to the Government, the Government has not launched any reform process.

The Government has failed to implement all these repeated recommendations and is not making any progress in this regard. The workers of Ecuador deserve to enjoy trade union rights. The Government must fulfil its international obligations and show a real will to give effect to the recommendations of this Committee.

In view of the above, the following points should form part of this Committee’s conclusions on this case. Accordingly, we urge the Government to:

• make all the necessary efforts, as a matter of urgency and priority, to expedite and conclude all the investigations into the murders of trade union leaders, so that the instigators and perpetrators of the murders are identified and punished as soon as possible;
• guarantee full respect for the right of workers, including public servants, to establish organizations of their own choosing, for the collective defence of their interests, including protection against dissolution or administrative suspension, and the right to organize by branch of activity;
• ensure the registration of the UNE;
• give effect to the road map presented in December 2019 by the ILO technical assistance mission, whose points are still valid but have never been resolved;
• initiate a process of consultation with the social partners to reform the current legislative framework with a view to strengthening coherence and ensuring that all relevant legislation is brought into line with the Convention;
• amend sections 459(3) and (4) of the Labour Code so that they are fully aligned to the principle of trade union autonomy;
• amend sections 443, 449, 452 and 459 of the Labour Code to reduce the minimum number of workers requited for creating workers’ associations and enterprise committees, and to enable the establishment of primary-level trade unions comprising workers from various enterprises; and
• take the necessary steps to amend section 346 of the Basic Comprehensive Penal Code and, until such measures are taken, guarantee that the aforementioned section is not used to criminalize social protest.

We urge the Government to present to the Committee of Experts, before 1 September 2024, a report prepared in consultation with the social partners containing information on the application of the Convention in law and in practice, and also the measures taken to implement the conclusions in the present case.

Lastly, we urge the Government to accept an ILO tripartite mission and also a special paragraph.

Employer members – We have followed this discussion very closely. We trust that finally the Government of Ecuador will: firstly, investigate the violent death of Mr Sandro Arteaga Quiroz and establish the responsibility of the perpetrators, with the need to keep the Committee of Experts informed of progress in the case; secondly, take the necessary steps to bring its legislation into line with the Convention, from now on in consultation with the most representative employers’ and workers’ organizations in the country; thirdly, ensure that the direct contacts mission agreed upon since 2022 takes place as soon as possible; and, fourthly, avail itself of ILO technical assistance.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee noted the long-standing nature and the prior discussion of this case in the Committee, most recently in 2022. In this context, it expressed concern that the Government has so far not accepted a direct contacts mission or availed itself of ILO technical assistance, as previously requested by the Committee.

The Committee deplored the failure of the Government to register a tripartite delegation to the Conference and noted with concern the general anti-trade union climate prevailing in country which is not conducive to the free exercise and full enjoyment of the rights and freedoms set out in the Convention.

Taking into account the discussion, the Committee urged the Government of Ecuador to take effective and urgent measures to:

• immediately and effectively take the necessary steps to determine culpability and punish the perpetrators of the murder of Mr Sandro Arteaga Quiroz;
• prevent violence in relation to the exercise of trade unions’ legitimate activities;
• ensure that trade unionists are able to exercise their activities in a climate free from violence, harassment and intimidation, and within the framework of a system which guarantees the effective respect of civil liberties and freedom of association rights;
• ensure that all workers, without distinction whatsoever, including self-employed and informal workers, have the right to establish and join trade unions of their own choosing in law and practice;
• amend, in full consultation with the social partners, the following legal provisions in order to bring them into line with the Convention:
  • sections 443, 449, 452 and 459 of the Labour Code which require an excessive number of workers for the establishment of workers’ associations and limit the possibility of creating trade unions by branch of activity;
  • section 10(c) of Ministerial Decision No. 0130 of 2013 on compulsory time limits for convening trade union elections;
  • section 459(4) of the Labour Code which requires Ecuadorian nationality to be eligible for trade union office;
  • section 459(3) of the Labour Code which allows the role of an enterprise committee to be filled by any worker, whether or not trade union member;
  • section 11 of the Basic Reform Act which excludes certain categories of public workers from the right to form and join trade unions;
  • provisions of the Basic Reform Act which grant privileges to majority committees of public servants and deprives all other organizations of the possibility to defend the interests of their members; and
  • decree No. 193 which allows for administrative dissolution of public servants’ unions;
  • take all possible measures to register the National Federation of Education Workers (UNE) without delay.

The Committee requested the Government to provide information on progress made and results achieved on all of the above points to the Committee of Experts by 1 September 2024.

The Committee invited the Government to avail itself of ILO technical assistance to effectively implement all of the Committee’s recommendations.

Government representative – The Government of Ecuador thanks the Committee for the presentation of the report on the adoption of the conclusions on the individual case of Ecuador relating to Convention No. 87.

With regard to these conclusions, it should be noted that, as soon as the draft conclusions were known, my delegation requested that the report should record the fact that the Government presented, during the meeting and in writing, an explanation of the reasons why Ecuador was unable, on this occasion, to have a tripartite delegation from the capital.

The report on the dialogue held on 11 June with this Committee was duly forwarded to the Ministry of Labour via the Foreign Office in Ecuador with the request that the actions corresponding to its area of competence be taken, and also that the necessary coordination with other bodies and functions of the Ecuadorian State be undertaken as appropriate.

In the same way, the conclusions adopted by this Committee will also be transmitted immediately to the Ministry of Labour to give additional context to the above-mentioned report as appropriate.

Lastly, the Government takes the opportunity to reiterate its ongoing support and respect for the ILO, its principles and standards and for the Conventions which it has ratified, and it hopes to strengthen technical collaboration with a view to improving the implementation of its standards framework for the benefit of the whole population.