Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - Ecuador (Ratification: 1978)

Other comments on C097

Direct Request

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Article 1(a) of the Convention. Information on national policy and legislation. The Committee notes that Ecuador continues to be mainly a country of emigration and that the Government has been adopting various measures with a view to strengthening its national policy on labour migration. The Committee notes in particular the National Foreign Policy Plan (2006–20) (PLANEX 2020), which envisages the improvement and updating of migration legislation and the conditions of migrant workers abroad, and the National Plan for Good Living (2009–12), one of the policies of which is to create the conditions for the productive and labour market reintegration of returning migrants and the protection of emigrants. The Committee also notes the plans and policies adopted at the local level by various municipal authorities according to the information provided by the Government to the United Nations (UN) Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW/C/ECU/CO/2, 15 December 2010, paragraphs 84 et seq.). The Committee requests the Government to provide specific information on the implementation in practice of PLANEX 2020, and particularly on any progress in the adoption of migration legislation, as well as on the plans adopted at the local level and their impact.

Article 1(b). Women migrant workers. Taking into account the significant number of women workers who emigrate from Ecuador, the Committee requests the Government to provide information on the specific measures adopted with a view to ensuring that they also benefit from the rights set out in the Convention. In particular, the Committee requests the Government to provide the information available on the living and working conditions of these women migrant workers and the difficulties encountered. The Committee further asks the Government to indicate the manner in which the issue of equality between men and women is introduced into migration policies.

Article 1(c). Information on general agreements and special arrangements. The Committee notes Interministerial Agreement No. 000054 of 26 July 2012 concluded by the Ministries of Foreign Affairs, Trade and Integration and Industrial Relations for the implementation of the Andean Labour Migration Instrument and the Permanent Ecuadorian Peruvian Migration Charter, adopted in October 2008, under the terms of which the migration status of many Peruvian migrant workers has been regularized. The Committee requests the Government to continue providing information on the general agreements and special arrangements concluded by the Government.

Articles 2 to 4 and 7. Services and assistance for migrant workers. The Committee notes that the Migrant Workers’ Unit (UTM) in the Department for Migration and Foreign Nationals has the objective of selecting and assisting the travel to Spain of Ecuadorian migrant workers in the framework of the “Agreement to regulate and organize migration between Ecuador and Spain”. The UTM is principally responsible for the registration and assessment of the background of workers hoping to migrate to Spain and for providing support to enterprises seeking and selecting workers. To provide a personalized service to applicants, the UTM has established offices in various cities in the country. Moreover, the Migrant Labour Offices, established under the Andean Labour Migration Instrument, implement migration policy in relation to Andean migrant workers, monitor their labour situation and working conditions, organize guidance and information campaigns on rights, policies and regulations, and exchange information with other member countries, among other activities. Article 18 of the Instrument provides for the requirement to establish administrative services to provide Andean migrant workers with the necessary information to travel to and remain in member countries, and also on vacancies and conditions of employment. The Committee requests the Government to provide information on the difficulties encountered by the Migrant Workers’ Unit and the Migrant Labour Offices in their work. The Committee also requests the Government to provide information on the specific functions carried out by the National Secretariat for Migrants (SENAMI) for the provision of adequate assistance and information to migrant workers, including both those who emigrate and those who return, with an indication in particular of the difficulties encountered. In this regard, the Committee requests the Government to provide information on assistance and information services addressing issues which particularly affect women, including those related to misleading information concerning employment opportunities and conditions of work. Please also provide information in particular on the “Welcome home” and “El Cucayo” plans intended for returning migrant workers.

Article 6. Equality of treatment. The Committee notes that article 9 of the Constitution provides that foreign nationals on Ecuadorian territory shall have the same rights and duties as nationals of Ecuador. The Committee requests the Government to provide specific information on the measures adopted by the Government through the various competent institutions, including the SENAMI, to ensure the full application of the rights set out in Article 6 of the Convention. The Committee also requests the Government to indicate the manner in which the labour inspectorate ensures compliance with the rights of migrant workers at the workplace and on any cases brought before the judicial authorities.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee requests the Government to indicate the legal provisions establishing the right of migrant workers and the members of their families, both in the Andean region and in third countries, who have the right of permanent residence to maintain that right in the event of incapacity.

Parts IV and V of the report form. The Committee notes that the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families refers to the establishment in future by the Government of the National System of Information on Migration (see CMW/C/ECU/CO/2, paragraph 17). The Committee requests the Government to provide information on any developments in this respect and on any statistical data available on migration movements from and to Ecuador, disaggregated by sex, nationality and sector of employment.