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

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Équateur (Ratification: 1978)

Articles 1(a) and (c) of the Convention. Information on national policy and legislation, and on labour migration agreements. The Committee notes the detailed information provided in the Government’s report on the adoption of recent legislation and policies, including: (1) the National Agenda for Equality in Human Mobility 2021–2025, which incorporates strategic guidelines for the labour, economic and social inclusion of persons in situations of human mobility, and through which several actions related to access to employment were implemented, including with the support of the ILO; (2) the Basic Act reforming the Basic Act on Human Mobility, of 19 June 2024, which seeks to strengthen the exercise of rights by Ecuadorians nationals abroad and Ecuadorian returnees (for example, on the use of remittances received in the country, and the right to legal information and assistance) and its Regulations, published on 10 March 2022, which strengthen repatriation measures, assistance for returning migrants and consular policies; and (3) Decision No. C.D. 625 of the Ecuadorian Social Security Institute (IESS), which sets out specific procedures for the affiliation of Ecuadorians abroad and foreign nationals in Ecuador. The Government also refers to various initiatives to promote interinstitutional coordination on the labour inclusion of migrants, and the conclusion of several recent labour migration agreements (“Working Vacation” programmes with France and Hungary, memorandums of understandings with Israel and Italy, the programme entitled “Alliances for vocational training and development-oriented labour migration” with Germany, social security agreements with several countries and the continuation of work programmes and access to visas with Spain, Canada and the United States). The Committee notes this information which responds to its previous comment.

Article 1(b). Special provisions on migration. Women migrant workers. The Committee notes the information provided by the Government on measures adopted for the promotion of gender equality at work in general, such as those relating to the adoption of equality plans in enterprises, guidelines for the issuance of the “violet seal” (Sello Violeta), the implementation of obligations on equal pay, and training on gender equality matters provided by the Ministry of Labour. Concerning the working and living conditions of Ecuadorian women migrant workers, the Government indicates the utility of circular migration programmes in promoting regular migration and that, according to consular reports, the working, living and pay conditions under these programmes are satisfactory and the difficulties identified are minimal. The Government specifies that the circular migration programme with Spain has a high participation of women in the field of agriculture (70 per cent). The Committee requests the Government to provide detailed information on the measures adopted, in the context of the various initiatives related to gender equality at work, which specifically address the rights of women migrant workers, or which have had a particular impact on them.

Articles 2–4 and 7. Services and assistance for migrant workers. The Government indicates, regarding circular migration, that: (1) the lead entity for human mobility has various initiatives to provide comprehensive assistance (such as the coordination of the dissemination of job information and offers, a personalized service via instant messaging, and support throughout the entire migratory process from application to return); (2) a social impact study on the experiences of participant workers has been planned; and (3) regarding the programme with Spain, the Directorate for Circular Migration coordinates the process, identifies labour opportunities and, with consular support, supervises working and living conditions abroad. Furthermore, concerning the access of migrant workers to services, the Government indicates: (1) that several ministries facilitate access to entrepreneurship opportunities, financial services, education and housing for Ecuadorian migrants abroad, returnees and participants in circular labour migration; (2) the promotion of national employment and employment abroad through the Public Employment Service and specific projects, which have benefited many persons in situations of human mobility; (3) the publication of warnings and other support services to prevent false information; (4) supplementary regulation of the “Household Goods” service in 2024 for the exemption of customs duties on imports of personal goods and work tools; and (5) an update, in 2024, of the Directive on obtaining work permits for foreign nationals in the public sector. The Committee requests the Government to provide information on any assessment or study conducted on the impact of circular migration programmes. The Committee also requests the Government to continue to send information on the assistance provided to persons in situations of human mobility (whether they are foreign nationals in Ecuador or Ecuadorian workers abroad or returnees), including the number of men and women in situations of human mobility benefiting from that assistance.

Article 6. Equal treatment. The Committee notes the information provided by the Government, according to which: (1) the National Council for Equality in Human Mobility (CNIMH) is monitoring and evaluating the implementation of the National Agenda for Equality in Human Mobility 2021–2025, which includes measures aimed at strengthening economic inclusion, and the respect of labour rights and social security for persons in situations of human mobility, and measures to collect information and combat all forms of discrimination towards persons in situations of human mobility; and (2) the National Council for Equality in Human Mobility (CNIMH) developed the outline for an ordinance on promoting and protecting persons in situations of human mobility at the local level, including with regard to their economic and labour integration, and incorporated a human mobility approach into development and territorial management plans. The Committee notes that, in its concluding observations, the Committee on the Elimination of Racial Discrimination expressed concern about the barriers faced by migrants, especially Venezuelan nationals, in access to employment, social security, healthcare and education, and the rise in incidents of xenophobia linking migrants with insecurity (CERD/C/ECU/CO/25, 23 December 2024, para. 32). The Committee requests the Government to provide information on any final evaluation of theNational Agenda for Equality in Human Mobility 2021–2025 and the outcome of that evaluation, and on the measures adopted to develop the subsequent National Agenda based on the experience gathered on best practices and the challenges encountered. The Committee also requests the Government to send information on any complaints or allegations regarding discrimination in employment and occupation against migrant workers which have been filed with the competent authorities.

Article 8. Maintenance of residence in the event of incapacity for work. The Government indicates that the sudden loss of lawful means of livelihood does not in itself lead to the loss of residence since, although section 64 of the Basic Act on Human Mobility requires proof of lawful means of livelihood for the issuance of visas, the grounds for the cancellation and revocation of visas under section 68 of the Basic Act on Human Mobility are exhaustive, and the aforementioned condition is not explicitly specified. The Committee notes this information which replies to its previous comment.

Enforcement. The Government refers to the data of the National Statistics and Census Institute (INEC) on migration flows in 2024. The Government also indicates that: (1) in accordance with Ministerial Decision No. MDT-2023-140, the labour inspectorate can conduct inspections focused on compliance with the labour rights of foreign workers; (2) the “Directive on monitoring the exercise of labour rights of foreign migrant workers in the Republic of Ecuador” (issued through Ministerial Decision No. MDT-2018-0006), includes measures on the registration and monitoring of workers in order to verify their rights; (3) through the “Ethical Recruitment of Migrant Workers” project, manuals, training guides and courses were developed for labour inspectors; and (4) the labour inspectorate conducted 254 inspections on matters covered by the Convention – including a case involving sanctions – and 2,806 inspections in which foreign nationals were identified, and that no relevant judicial decisions have been brought to light. The Committee requests the Government to continue to provide information on the violations detected by the labour inspectorate on issues concerning the application of the Convention, including violations related to the application of the directive issued in 2018. The Committee also requests the Government to provide information on the mechanisms or bodies that assist and advise migrants regarding access to justice or the filing of complaints.