Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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 recalls that article 156 of the national Constitution of 2009 provides for the creation of 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. The Committee notes the new Basic Act on National Equality Councils of 2014, section 6 of which creates five national equality councils in the areas of gender, generational issues, peoples and nationalities, disabilities, and human mobility. The Committee also notes that, under section 9 of the Act, the functions of the national councils include: (i) formulation and evaluation of the “National Plan for Good Living”; (ii) action in response to complaints; (iii) participatory construction of “equality agendas”; and (iv) follow-up and evaluation of affirmative action policies. However, the Government indicates that the joint nature of the structure of the national equality councils with members of civil society presupposes a regulatory and organizational network which is under construction. The Committee notes the new National Plan for Good Living 2013–17. The Committee requests the Government to provide information on the specific measures adopted by the national equality councils, once they are functioning, for implementing the national equality policy and on their impact on employment and occupation. In particular, the Committee requests the Government to provide information on the evaluation of the affirmative action policies which have been implemented and also on the action taken by the various national equality councils in response to complaints. The Committee also requests the Government to provide information on the impact of the measures taken in the context of the National Plan for Good Living 2009–13 and on the implementation of the National Plan for Good Living 2013–17, including 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 Government indicates in its report that it has made progress in maternity and paternity protection at work and that the national equality council on gender has established various measures and policies relating to gender equality, including the participation of women in the police and armed forces, the recognition of work done by caregivers at home (through the new Basic Act on Labour Justice and Recognition of Work at Home, of 20 April 2015) and combating sexism and racism in the media (through the new Basic Communication Act, of 25 June 2013). The Committee also notes the Government’s indication that 93.8 per cent of urban women have a job, but only 43.5 per cent of women have adequate employment. Moreover, the Committee notes that the Government, in its report to the Committee on the Elimination of Discrimination against Women (CEDAW/C/ECU/8-9, 27 February 2013, Annex 9, page 1), indicated that the national equality council on gender had conducted various activities, including establishing agreements and round tables for inter-institutional coordination, implementing strategies, holding seminars and organizing courses for public servants. Despite these measures, the Committee notes the concluding observations of CEDAW, in which it expresses its concern at the de facto and inter-sectoral discrimination faced by indigenous, Afro Ecuadorian and Montubio women, women with disabilities, migrant women, women asylum-seekers and refugee women (CEDAW/C/ECU/CO/8-9, 11 March 2015, paragraph 10). The Committee requests the Government to continue sending detailed information on the measures and activities implemented to promote women’s access to the labour market on equal terms, in both the public and private sectors. The Committee also requests the Government to provide information on the impact of such measures, including statistical information enabling it to evaluate the impact on employment and occupation of indigenous, Afro-Ecuadorian and Montubio women, women with disabilities, migrant women, women asylum-seekers and women refugees.

HIV and AIDS. The Committee notes that the Ministry of Labour is part of the network of advocates for the rights of persons living with HIV and that this new mechanism, which seeks to train and empower various social players in defending the rights of this population group, held its first workshop in June 2015, which was attended by officials from various departments. The Committee also notes that the Ministry of Labour held a workshop on access to, and the sustainability of, employment designed for persons living with HIV with a view to improving their employability. The Committee requests the Government to continue providing information on the implementation of measures relating to the prevention of discrimination against persons affected by HIV and AIDS. The Committee also requests the Government to provide information on any judicial or administrative action related to discrimination on the grounds of real or supposed HIV status.

Article 5. Affirmative action measures. Afro-Ecuadorian, indigenous and Montubio peoples. The Committee recalls that, according to the 2012 Ministerial Decision on the public sector personnel recruitment and selection subsystem and the 2009 Plurinational Plan to eliminate racial discrimination and ethnic and cultural exclusion, 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 notes the Government’s indication that 511 Afro-Ecuadorians, 462 indigenous persons and 487 Montubios, with almost equal numbers of men and women, benefited from this measure, but it is unclear whether these figures relate to a specific year or to the whole period since the adoption of the measure. Despite this progress, the Government indicates that obstacles remain and that it will take time to resolve and that the rate of exclusion from adequate employment for indigenous persons and Montubios is still between 67 and 72 per cent. In addition, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD), in which it expressed its concern at the persistent poverty and marginalization of Afro-Ecuadorians and Montubios and at ongoing discrimination against them in the enjoyment of their rights, including access to employment and public office. CERD also expressed its concern at indigenous peoples’ high illiteracy rates and difficulties in gaining access to schooling, including higher education, to which only 4.9 per cent of the indigenous population has access (CERD/C/ECU/CO/20-22, 24 October 2012, paragraphs 20 and 22). The Committee requests the Government to continue implementing affirmative action measures for Afro-Ecuadorian, indigenous and Montubio peoples and to provide information on the impact of these measures on access to the labour market for these groups of workers. The Committee also requests the Government to send information on the measures taken to promote affirmative action for these peoples in the private sector.

Parts III–V of the report form. The Committee notes the statistical information supplied by the Government in relation to labour market indicators by region and sex. The Committee also notes the Government’s indications that labour inspectors conducted a total of 26,554 inspections in 2014. The Committee requests the Government to continue providing statistical data on employment, disaggregated by ethnic origin and sex, including information on the participation of Afro-Ecuadorian, indigenous and Montubio peoples in employment. The Committee also requests the Government to provide information on the number and nature of infringements of the legislation on non-discrimination detected by labour inspectors or reported to the latter, and also on compensation awarded and penalties imposed. Observing that it has not replied to its previous request, the Committee further requests the Government to send information on any judicial or administrative decisions relating to the application of the Convention.