CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ecuador (RATIFICATION: 1962)

Other comments on C111

Observation

Direct Request

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Article 2 of the Convention. National equality policy. The Committee referred previously to the adoption of the new Constitution in September 2009. The Committee notes that article 156 establishes national equality councils responsible for ensuring the preparation, observance, monitoring and evaluation of public policies relating to gender issues and ethnic, generational, intercultural and disability issues, for which purpose they are to coordinate with the specialized national agencies. These councils are to be composed on an equal footing of representatives of civil society and the State. The Committee also notes the National Plan for Good Living 2009–13, one of the objectives of which is to promote equality without discrimination on the basis of sex, ethnic origin, social level, religion, sexual orientation or place of origin. The Committee requests the Government to provide information on the establishment of national equality councils and their areas of competence, as well as on the difficulties encountered in the discharge of their functions. The Committee also asks the Government to provide information on the implementation of the National Plan for Good Living 2009–13, the activities and policies implemented in that context and the results achieved in relation to the various grounds of discrimination set out in Article 1(1)(a), as well as additional grounds as envisaged in Article 1(1)(b) of the Convention.

National gender equality policy. The Committee notes that article 65 of the national Constitution provides that the State shall promote the equal representation of women and men in the public service, in its managerial and decision-making bodies and in political parties and movements. Article 70 provides that the State shall declare and pursue policies for the achievement of equality for women and men through a specialized mechanism, and shall incorporate gender mainstreaming in plans and programmes. The National Plan for Good Living 2009–13 also calls for gender equality and the Basic Act on citizens’ participation provides for gender parity through affirmative action. The Government has provided data on the increase over recent years of the participation by women in public life, and in positions elected by popular vote. The Committee requests the Government to provide specific information on the measures and action taken in accordance with the above policies and plans, with an indication in particular of their impact on improving the access of women to both the public service and to employment in the private sector. Please indicate the manner in which national equality councils contribute to gender equality and the access of women to employment.

HIV and AIDS. The Committee notes the measures adopted under the Multisectoral Strategic Plan for the National Response to HIV/AIDS 2007–15, which include training for labour inspectors in 2009 on the adoption of procedures to address discrimination affecting persons living with HIV, and training for young persons participating in the public programme “My First Job” in 2010 and 2011. The Committee requests the Government to continue providing information on the implementation of measures to prevent discrimination against persons living with HIV. The Committee also requests the Government to provide information on any judicial or administrative action relating to discrimination on the grounds of actual or perceived seropositive status.

Article 5. Affirmative action measures. Afro–Ecuadorian, indigenous and Montubio peoples. The Committee notes the action taken by the Ministry of Industrial Relations to promote the access of Afro–Ecuadorian, indigenous and Montubio (mestizo) peoples to employment in the public sector, which include affirmative action measures, such as those envisaged in the Ministerial Decision on the public sector personnel recruitment and selection subsystem for 2012. The Committee also notes that, in accordance with the Plurinational Plan to Eliminate Racial Discrimination and Ethnic and Cultural Exclusion of 2009, the State institutions covered by the Basic Public Service Act are required to give additional points to Afro–Ecuadorian indigenous and Montubio applicants for positions in the public service. The Committee requests the Government to provide information on the impact of these measures on the participation of Afro–Ecuadorian, indigenous and Montubio peoples on the labour market. The Committee also requests the Government to indicate the mechanisms and procedures for the implementation of affirmative action measures to promote the participation of all those in a situation of inequality, as envisaged in section 3 of the Basic Act on the participation of citizens and their impact on the integration of Afro–Ecuadorian, indigenous and Montubio peoples.

Parts III to V of the report form. The Committee notes the statistical data provided by the Government on the activity level by ethnic origin and sex. The Committee also notes the training activities carried out for young persons, the unemployed, informal economy workers, persons with disabilities, and the labour market integration measures for the latter. The Government also provides information on the increase in the number of inspectors at the national level. The Committee requests the Government to continue providing statistical data on employment, disaggregated by ethnic origin and sex, and on the action taken in relation to the application of the Convention by the labour inspectorate. Please provide information on any judicial or administrative decisions relating to the application of the Convention.