Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(d) of the Convention. Imprisonment involving compulsory labour for participation in a strike. In the comments that the Committee has been making for many years, it has urged the Government to take the necessary measures to ensure that Article 1(d) of the Convention is applied. The Committee referred previously to Decree No. 105 of 7 June 1967, which allows a prison sentence of from two to five years to be imposed on any person fomenting or taking a leading part in a collective work stoppage. The penalty laid down in the Decree for anyone who participates in such a stoppage without fomenting or taking a leading part in it is correctional imprisonment of from three months to one year. For the purposes of this provision, there is a work stoppage “when there is a collective stoppage of work or the imposition of a lockout except in the cases allowed by the law, the paralysing of the means of communication and similar anti-social acts”. Prison sentences involve compulsory labour under sections 55 and 66 of the Penal Code.

In its report, the Government once again indicates that it is making every effort to bring the national legislation into conformity with the Convention and that for this purpose the Government has taken measures for the Congress of the Republic to amend the provisions contained in Decree No. 105 of 7 June 1967. For this purpose, the Committee’s observation has been submitted to the relevant commissions of the National Congress.

The Committee notes this information and hopes that Decree No. 105 will be repealed without delay. The Committee points out in this respect that the repeal of this Decree has also been requested in the observation on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 1(c). Sentence of imprisonment imposed as a means of labour discipline. Under the terms of section 165 of the Maritime Police Code, crew members are prohibited from disembarking in a port other than the port of embarkation, except with the agreement of the ship’s master. Section 165 further provides that crew members who desert, forfeit their pay and belongings to the vessel and, if recaptured, shall pay the cost of arrest and be punished in accordance with the naval regulations in force.

The Committee notes the Government’s indication in its reports that it is making every effort to bring the national legislation into conformity with the Convention. As it has been commenting on this matter for many years, the Committee hopes that the Government will be able to indicate in the very near future that section 165 of the Maritime Police Code has been amended or repealed.

Following a detailed examination of the list of draft legislative texts submitted to the specialized commissions of the National Congress, available on its web site (www.congreso.gov.ec), the Committee has not found draft texts relating to Decree No. 105 of 1967, nor section 165 of the Maritime Police Code. The Committee requests the Government to indicate the stage reached by the draft texts in their examination by the special commissions and whether any statement has been made relating to the amendment or repeal of the above provisions, as requested by the Committee.

Article 1(a). Imprisonment involving compulsory labour for offences related to freedom of expression. The Committee also previously requested the Government to provide information on the application of sections 230 and 231 of the Penal Code (disrespect or insult towards public officials). The Government reiterates that no court decisions have been made under these provisions. The Committee notes from the web site of the National Congress that two draft texts have been submitted to the Standing Specialized Commission on Civil and Penal Matters with a view to decriminalizing insults, as well as disrespect towards public officials, which are established as offences in section 230 and 231 of the Penal Code.

The Committee requests the Government to provide information on the progress of these draft texts which bring the national legislation into greater conformity with the Convention.