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Repetition Article 1 of the Convention. Information on national policy and legislation. The Committee notes with interest that Ecuador has ratified the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families (1990). The Committee also notes that, according to the paper on Ecuador’s migration policy drawn up in July 2007 by the Ministry of External Relations, Trade and Integration, Ecuador’s migration policy is based on respect for the human rights of migrant workers, regardless of their migratory status and without any form of discrimination on the basis of nationality, ethnic origin, gender or age, and also giving particular attention to the status of migrant women and unaccompanied minors. Furthermore, the Committee notes that international migration is an integral part of the country’s development plans, such as the National Plan for Foreign Policy 2006–20, the National Plan for Social, Productive and Environmental Development (PALESPE 2007–10) and the government agenda on migration and development. In this regard, the Committee also notes the project on “Strengthening institutions dealing with migration for the further development of the countries of the Andean region”, which is being carried out in cooperation with the ILO in order to improve the management of migration flows between Spain and the Andean countries. The Committee requests the Government to supply copies of the National Plan for Foreign Policy 2006–20, the National Plan for Social, Productive and Environmental Development (PALESPE 2007–10) and the government agenda on migration and development. The Committee would also be grateful if the Government would supply detailed information on any measures taken or contemplated in this regard in the context of the development plans and the abovementioned project on “Strengthening institutions dealing with migration”.Article 1(c). Information on general agreements and special arrangements. The Committee notes that, according to the paper mentioned above, Ecuador’s migration policy is geared to the regularization of migration flows and this framework includes the Regularization Agreement signed with Peru in 2007 and the Agreement signed with Spain in 2001 on the regularization and control of migration flows. In addition to these instruments, Decision No. 545 “Andean Instrument for Labour Migration” seeks to progressively achieve the free movement of Andean nationals for the purposes of work in an employment relationship in the region. The Committee also notes that the regulations for implementing this decision are currently being drawn up. The Committee requests the Government to supply a copy of the regulations for the implementation of the Andean Instrument for Labour Migration once they are adopted.Articles 2, 4 and 7. Services and assistance for migrant workers. The Committee notes that the Department of Labour Migration is responsible for maintaining a free assistance service to migrant workers. The Committee refers to Paragraphs 5 and 10 of the Migration for Employment Recommendation (Revised), 1949 (No. 86), and requests the Government to supply information on the specific activities undertaken by the Department of Labour Migration. The Committee also invites the Government to supply information on any relevant initiatives taken by the Technical Unit for the Selection of Migrant Workers (UTSTM) – established under the Agreement on the regularization and control of migration flows – and the Department of Labour Migration – referred to by the Andean Instrument on Labour Migration.Article 6. Equal treatment. The Committee notes that the Labour Code applies equally to migrant workers and national workers, which, according to the Government, ensures the observance of Article 6 of the Convention. However, the Committee draws the Government’s attention to the fact that legislative provisions are not sufficient in themselves to ensure that migrant workers receive equal treatment to that enjoyed by nationals. States are under the general obligation to ensure that the legislation is applied in practice, particularly by means of labour inspection services or other supervisory authorities (1999 General Survey on migrant workers, paragraph 371). Furthermore, the Committee wishes to emphasize that it is essential to ensure that migrant workers have access to the national courts on the same terms as national workers. The Committee therefore requests the Government to supply detailed information in its next report on the application in practice of the principle of equal treatment for both migrant and national workers, including on any complaints brought before the judicial authorities and the outcome thereof, and also any relevant results of the activities of the labour inspection services.Female migrant workers. The Committee notes Ecuador’s migration policy, which gives particular attention to the status of female migrants. The Committee also notes that, in relation to the protection of female migrant workers, the Government’s report refers to the “Plan on equal opportunities in public policy 2005–09”. The Committee requests the Government to clarify the impact of this Plan on the promotion of the rights of female migrant workers, and to supply information on the measures taken to ensure that the issue of gender equality is taken into account in all migration policies.Article 8. Maintaining the right of residence in the event of incapacity for work. The Committee notes that migrant workers admitted on a permanent basis to the country and their family members do not lose the right of residence in the event that they become unable to work owing to illness or injury that occurs subsequent to entry, on condition that they are entered in the foreigners’ register of the Consular Department of the Ministry of External Relations. The Committee requests the Government to indicate the legal provisions under which the right to residence of migrant workers is maintained in the event of incapacity for work and to supply information on their application in practice, including with regard to any relevant complaints brought before the judicial or administrative authorities. Please also indicate whether migrant workers maintain their right of residence even in cases where they or their families represent a burden on public funds in cases of incapacity for work.Parts IV and V of the report form. Practical information. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services, information on the number and nature of infringements reported and any other information relating to the application of the Convention in practice. Please also indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the texts of these decisions. The Committee also requests the Government to continue providing statistics on the migration flows of Ecuadorian nationals abroad and also statistical information on the migrant working population in the country, disaggregated by sex.
Article 1 of the Convention. Information on national policy and legislation. The Committee notes with interest that Ecuador has ratified the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families (1990). The Committee also notes that, according to the paper on Ecuador’s migration policy drawn up in July 2007 by the Ministry of External Relations, Trade and Integration, Ecuador’s migration policy is based on respect for the human rights of migrant workers, regardless of their migratory status and without any form of discrimination on the basis of nationality, ethnic origin, gender or age, and also giving particular attention to the status of migrant women and unaccompanied minors. Furthermore, the Committee notes that international migration is an integral part of the country’s development plans, such as the National Plan for Foreign Policy 2006–20, the National Plan for Social, Productive and Environmental Development (PALESPE 2007–10) and the government agenda on migration and development. In this regard, the Committee also notes the project on “Strengthening institutions dealing with migration for the further development of the countries of the Andean region”, which is being carried out in cooperation with the ILO in order to improve the management of migration flows between Spain and the Andean countries. The Committee requests the Government to supply copies of the National Plan for Foreign Policy 2006–20, the National Plan for Social, Productive and Environmental Development (PALESPE 2007–10) and the government agenda on migration and development. The Committee would also be grateful if the Government would supply detailed information on any measures taken or contemplated in this regard in the context of the development plans and the abovementioned project on “Strengthening institutions dealing with migration”.
Article 1(c). Information on general agreements and special arrangements. The Committee notes that, according to the paper mentioned above, Ecuador’s migration policy is geared to the regularization of migration flows and this framework includes the Regularization Agreement signed with Peru in 2007 and the Agreement signed with Spain in 2001 on the regularization and control of migration flows. In addition to these instruments, Decision No. 545 “Andean Instrument for Labour Migration” seeks to progressively achieve the free movement of Andean nationals for the purposes of work in an employment relationship in the region. The Committee also notes that the regulations for implementing this decision are currently being drawn up. The Committee requests the Government to supply a copy of the regulations for the implementation of the Andean Instrument for Labour Migration once they are adopted.
Articles 2, 4 and 7. Services and assistance for migrant workers. The Committee notes that the Department of Labour Migration is responsible for maintaining a free assistance service to migrant workers. The Committee refers to Paragraphs 5 and 10 of the Migration for Employment Recommendation (Revised), 1949 (No. 86), and requests the Government to supply information on the specific activities undertaken by the Department of Labour Migration. The Committee also invites the Government to supply information on any relevant initiatives taken by the Technical Unit for the Selection of Migrant Workers (UTSTM) – established under the Agreement on the regularization and control of migration flows – and the Department of Labour Migration – referred to by the Andean Instrument on Labour Migration.
Article 6. Equal treatment. The Committee notes that the Labour Code applies equally to migrant workers and national workers, which, according to the Government, ensures the observance of Article 6 of the Convention. However, the Committee draws the Government’s attention to the fact that legislative provisions are not sufficient in themselves to ensure that migrant workers receive equal treatment to that enjoyed by nationals. States are under the general obligation to ensure that the legislation is applied in practice, particularly by means of labour inspection services or other supervisory authorities (1999 General Survey on migrant workers, paragraph 371). Furthermore, the Committee wishes to emphasize that it is essential to ensure that migrant workers have access to the national courts on the same terms as national workers. The Committee therefore requests the Government to supply detailed information in its next report on the application in practice of the principle of equal treatment for both migrant and national workers, including on any complaints brought before the judicial authorities and the outcome thereof, and also any relevant results of the activities of the labour inspection services.
Female migrant workers. The Committee notes Ecuador’s migration policy, which gives particular attention to the status of female migrants. The Committee also notes that, in relation to the protection of female migrant workers, the Government’s report refers to the “Plan on equal opportunities in public policy 2005–09”. The Committee requests the Government to clarify the impact of this Plan on the promotion of the rights of female migrant workers, and to supply information on the measures taken to ensure that the issue of gender equality is taken into account in all migration policies.
Article 8. Maintaining the right of residence in the event of incapacity for work. The Committee notes that migrant workers admitted on a permanent basis to the country and their family members do not lose the right of residence in the event that they become unable to work owing to illness or injury that occurs subsequent to entry, on condition that they are entered in the foreigners’ register of the Consular Department of the Ministry of External Relations. The Committee requests the Government to indicate the legal provisions under which the right to residence of migrant workers is maintained in the event of incapacity for work and to supply information on their application in practice, including with regard to any relevant complaints brought before the judicial or administrative authorities. Please also indicate whether migrant workers maintain their right of residence even in cases where they or their families represent a burden on public funds in cases of incapacity for work.
Parts IV and V of the report form. Practical information. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services, information on the number and nature of infringements reported and any other information relating to the application of the Convention in practice. Please also indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the texts of these decisions. The Committee also requests the Government to continue providing statistics on the migration flows of Ecuadorian nationals abroad and also statistical information on the migrant working population in the country, disaggregated by sex.
1. The Committee notes the information supplied in the Government’s report.
2. In its General Survey of 1999 on migrant workers, the Committee noted that since adoption of the Convention, the extent, direction and nature of international labour migration has undergone significant changes (see paragraphs 5-17 of the General Survey). The Committee therefore requests the Government to supply copies of any new legislative or regulatory texts that have been adopted as well as updated information on its policy in relation to emigration and immigration, in reply to the questions contained in the report form on the Convention. The Committee would also be grateful if the Government would indicate in what way contemporary trends in migratory flows have had an impact on the content and application of its policy and national legislation regarding emigration and immigration. The Committee requests the Government to supply statistical data on the number of Ecuadorian nationals who work abroad and in which places, as well as the origin of foreigners working in Ecuador.
3. Article 8. As this provision was one of the most frequently invoked by governments because of the difficulties of application it raised, according to the General Survey (paragraphs 600-608), the Committee requests the Government to supply more information on the practical application of maintaining right of residence in the event of incapacity to work of migrant workers admitted on a permanent basis.
4. The Committee notes the information supplied by the Government on the application in practice of its policy of equality of treatment between national workers and migrant workers. Recalling that under Article 6, paragraph 1, of the Convention, each State that has ratified the Convention undertakes to apply, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in (a) to (d) of the Article, the Committee would be grateful if the Government would indicate the measures adopted or envisaged to guarantee that female migrant workers are treated on a footing of equality with male workers, whether or not foreign, in respect of working and living conditions, social security, taxation connected with employment and access to justice, taking into account the increasing feminization of migrant labour (see paragraphs 20-23 and 658 of the General Survey). Considering furthermore that the number of foreign workers in an enterprise may not exceed 20 per cent, the Committee would be grateful if the Government would indicate whether in Ecuadorian legislation there exist other quotas or restrictions concerning migrant workers’ working conditions.
5. Finally, the Committee requests the Government to supply the results of pertinent labour inspection activities. Please also indicate all difficulties of a practical nature encountered in application of the Convention and indicate whether ordinary or other courts of law have handed down decisions on matters of principle concerned with application of the Convention. If so, please supply the text of these decisions.
The Committee notes the information supplied by the Government. It requests the Government to supply information, in accordance with point V of the report form, on the practical application of the Convention with an indication of the number of foreign workers employed in the country and the results of the work of the labour inspection services.
The Committee takes note of the Government's report (received in January 1989). It also notes the communication from the Ecuadorian Confederation of Class Organisations, received on 29 March 1989, transmitted by the ILO to the Government by a letter dated 28 April 1989. In its communication, the above Organisation expressed the wish that, in addition to applying the provisions of the Convention, the Government would also give effect to Decision No. 113 of 1988 concerning migrant workers, approved by the Cartagena Agreement (to which Bolivia, Colombia, Ecuador, Peru and Venezuela are parties).
The Committee hopes that it will be possible for the Government to provide information on this matter and on any new agreements concluded with other member States regulating matters of common interest. Please supply also information on the practical effect given to the Convention indicating, in particular, the number of foreign workers employed in the country, and the results of the work of the inspection service (point V of the report form of the Convention).