Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report.

1. With reference to its previous observations, the Committee notes that the Government has provided no information on the reform of the Cooperatives Act, specifically regulation 17(b) issued under the Act, by virtue of which married women need the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee hopes this regulation will be amended in the near future and requests the Government to report on developments in the activities of the board of the National Council for Women (CONAMU) and the Standing Committee for Women, Youth, Children and the Family, and especially on how the reform is progressing.

2. With reference to its previous observations concerning the amendment of a number of provisions of the Cooperatives Act and the Commercial Code, namely section 12 of the Cooperatives Act and sections 12, 66, 80 and 105 of the Commercial Code which impose restrictions on women, the Committee notes that the abovementioned provisions have been found unconstitutional. The Government states that all decisions of the Constitutional Tribunal are indeed binding and that the latter is free to amend any provision issued by the Executive, Legislature or Judiciary which is in breach of the principles of the Constitution, and such an amendment is beyond challenge. The Committee considers that the best means of averting any uncertainty as to the legislation in force is to repeal or amend the provisions found to be unconstitutional by the Tribunal, and hopes the Government will take the necessary steps to that end. Meanwhile, the Committee asks the Government, in order to secure greater certainty in law, to provide information on the manner in which the public is made aware of the change in law.

3. The Committee has been noting for years that, despite the efforts to eliminate the last vestiges of racial discrimination, they still exist in practice. The Committee notes the Operational Plan of Action for 1999-2003 on the Rights of the Indigenous Nationalities and Peoples of Ecuador, and observes that the Government intends to set up machinery to improve living conditions and implement programmes to promote economic growth as well as providing the indigenous communities with the means and tools they need for production. The Committee notes that no information has been provided on the Afro-Equatorian communities. It therefore reiterates its request and asks the Government to provide information on the measures adopted or planned to eliminate discrimination and promote equality in employment and occupation for the indigenous peoples and Afro-Equatorian communities.

The Committee raises other points in request addressed directly to the Government.