Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Équateur (Ratification: 1979)

The Committee notes the observations of Public Services International (PSI) in Ecuador, the United Workers’ Front (FUT) and the Federation of Petroleum Workers of Ecuador (FETRAPEC), received on 31 August 2023, as well as the Government’s reply, received on 16 May 2024.

Articles 1, 2 and 3(1) of the Convention. Adequate procedures. Election of the representatives of the social partners to the National Labour and Wages Council (CNTS). The Committee recalls that in its previous comments it requested the Government to take the necessary measures to: (i) ensure that all the country’s “most representative organizations” of employers and workers could participate in the CNTS and the other consultative bodies of a tripartite nature; and (ii) obtain the agreement of all organizations concerned, including workers’ organizations freely elected by their members, with the establishment of the consultative procedures regarding the criteria used to determine representativeness among those organizations. In this regard, the Committee notes the Government’s reference, once again, to the rule applicable to the election of representatives to the CNTS (Ministerial Agreement No. MDT-2015-0240 of 20 October 2015, as subsequently amended, most recently by Ministerial Agreement No. MDT-2025-084). Under section 10(2) of Ministerial Agreement No. MDT-2025-084, employer and worker representatives shall be freely elected by the committees of organizations legally constituted and registered to join the CNTS. Prior to calling for the election of representatives the executive secretariat of the CNTS shall submit to the president of that body a list of the most representative workers’ and employers’ organizations at the national level, who shall act as voters (section 11(1)). The list shall consist of up to ten workers´ and ten employers’ organizations (section 11(3) and (4)). The limit in respect of the list may be increased at the request of the president of the CNTS (section 11(6)). The Government indicates that the Ministry of Labour has a register of legally recognized workers’ organizations, on the basis of which the most representative organizations are determined. Lastly, the Government indicates that, following a reform introduced in 2018, the number of representatives from each sector in the CNTS was increased from two to four.

The Committee notes that the FUT and PSI in Ecuador underscore, in their observations, that the non-compliance with the Convention has deepened. In this connection, the FUT and PSI submit that they do not participate in tripartite consultations, despite being highly representative: (i) the FUT is an umbrella organization for various trade union confederations, representing more than 450,000 public and private sector workers, with 771 subsidiaries, whereas the pro-Government organizations that form part of the CNTS together account for only 476 subsidiaries; and (ii) PSI in Ecuador is a national coordinating body for public service workers’ organizations affiliated to PSI, bringing together approximately 400,000 public service workers.

With regard to the criteria used by the Government in order to determine which are the most representative organizations participating in the CNTS, the FUT and ISP in Ecuador emphasize that the Ministry of Labour: (i) draws up the list of participating organizations at its own discretion and without objective criteria, and (ii) requires them all to be legally recognized, such that the FUT is not taken into account as it is a de facto organization. They emphasize that the rules applicable to the election of representatives to the CNTS allow the President of the CNTS (Ministry of Labour) to pre-approve the list of organizations invited to participate in the election. They maintain that, in practice, this pre-approval process is used to favour pro-Government organizations, disregarding the rights of more representative organizations that are critical of the Government, such as the FUT and the organizations under the umbrella of PSI in Ecuador. Furthermore, the FUT and PSI in Ecuador indicate that, on 1 July 2022, they asked the Ministry of Labour for certified copies of the report of the ten most representative workers’ and employers’ organizations, including the technical criteria used to establish their representativeness. The Ministry of Labour replied on 3 August 2022 but provided only a list of the 37 organizations which participated in discussions in the CNTS in recent years, without indicating the year or selection criterion. The Government did not, however, provide the criteria used to determine representativeness, or the list of the ten organizations considered to be the most representative on the basis of those criteria.

The Committee also notes the indication by the FUT and PSI in Ecuador that the workers’ organizations selected by the Government in accordance with the regulations of the CNTS are the same as those delegated to attend the International Labour Conference (hereinafter, “the Conference”), from which they are excluded. In this respect, the Committee notes that the Conference Credentials Committee examined the question of the nomination of the Workers’ delegation of Ecuador on different occasions (see Second Report of the Credentials Committee, 12 June 2025 (paras 58–62), 16 June 2023 (paras 64–68) and 10 June 2022 (paras 61–65)). The Committee notes with concern that, during the 113th Session of the Conference, (June 2025), when the Credentials Committee examined the question it concluded that the Workers’ delegation had again been designated by the Government on the basis of the nomination of the CNTS, a system which, according to the Credentials Committee, does not guarantee compliance with article 3(5) of the ILO Constitution, as it excludes de facto organizations. The Credentials Committee has always held law that the sole fact that an organization may have no legal recognition does not exempt the Government from consulting it. The Credentials Committee recalled that, in cases in which several most representative organizations exist in one country, the Government must, pursuant to the terms of article 3(5) of the ILO Constitution, aim to effect an agreement among them. Failing an agreement among most representative organizations, the Government must assess, based on objective and verifiable criteria, which organization (or group of organizations that have agreed on a common proposal) is the most representative (see Second Report of the Credentials Committee, 12 June 2025, para. 61). Furthermore, during the 110th Session of the Conference, the Credentials Committee noted that the required approval by the Ministry of Labour of the list of electors of the representatives of the CNTS potentially provided the Government with the possibility to interfere in the election process, which should be undertaken in such a manner as to respect the capacity of the workers’ organizations to designate the Workers’ delegation to the Conference in absolute independence from the Government (see Second Report of the Credentials Committee, 10 June 2022, para. 64).

Lastly, the Committee notes that the FUT and the PSI in Ecuador decry the failure to comply with the road map presented by the technical assistance mission carried out by the Office in December 2019. The Committee recalls that one central point of the road map is the inclusion of all representative trade union organizations in the CNTS. In this context, the Committee emphasizes once again that ensuring the participation of all the representative trade unions in the CNTS is a fundamental element for carrying out effective consultations and the application of the Convention in general.

The Committee notes with concern that these matters have been the subject of comments for many years and that the Government, once again, has not provided new information demonstrating that tangible progress has been made in this area. In view of the concerns expressed by the FUT and PSI in Ecuador and taking into account the successive decisions of the Conference Credentials Committee, the Committee urges the Government to take the necessary measures to ensure that all of the country’s “most representative organizations” of employers and workers can participate in tripartite consultations on international labour standards, including in the CNTS, as required by the Convention.

While recalling that the determination of the most representative organizations must be based on objective, pre-established and precise criteria so as to avoid any possibility of bias or abuse, the Committee urges the Government to secure the agreement of all the organizations concerned, including workers’ organizations freely elected by their members, with the establishment of the consultative procedures regarding the criteria used to determine representativeness among those organizations.

Article 5. Effective tripartite consultations. The Committee notes the Government’s indication that, between 2022 and 2023, tripartite consultations were held within the CNTS in relation to ratified Conventions. The Government indicates that, on 30 May 2022, a session was held at which the observation concerning the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) was brought to the attention of workers and employers, for feedback from both partners. The Government adds that, on 26 February 2023, titular and alternate CNTS representatives were consulted electronically for comment on the revision of a number of Conventions and Recommendations. The Government indicates that this ensured the involvement of all the most representative organizations in consultations. The Committee notes that, in their observations, the FUT and PSI in Ecuador indicate that they did not receive reports on ratified Conventions, but that these were sent only to the pro-Government organizations that constitute the CNTS. Regarding the possibility of establishing a schedule for the preparation of reports far enough in advance to enable the social partners to formulate their contributions, the Government merely indicates in a general manner that this proposal would allow a planned consultation to be held with CNTS representatives. The Committee observes, however, that the Government does not respond to its request for information on the consultations held on: (i) each of the issues relating to international labour standards indicated in Article 5(1) of the Convention; and (ii) ways to improve the functioning of the procedures required under the Convention. Accordingly, the Committee urges the Government to provide information on the specific content and the outcome of the tripartite consultations held on all issues relating to international labour standards covered by Article 5(1)(a) to (e) of the Convention. In the absence of a reply from the Government, the Committee also once again asks the Government to provide specific information on the consultations held with the social partners and the outcome thereof on the manner in which the functioning of the procedures required by the Convention could be improved, including the possibility of establishing a schedule for the preparation of reports far enough in advance to enable the social partners to formulate their contributions in this respect (Article 5(1)(d)).