Observación (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee has taken note of the Government's report and of the discussion which took place at the Conference Committee in 1989.

In its previous comments, the Committee has referred to Decree No. 105 of 7 June 1967, under which sentences of imprisonment of from two to five years can be imposed on any person who foments, or takes a leading part in, a collective cessation of activity ("paro"). The sentence laid down by the Decree for a person who participates in a cessation of activity ("paro") 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 cessation of activity ("paro") when a collective cessation of activity, the imposition of a lock-out outside the cases permitted by law, the paralysing of ways of communication and similar anti-social acts occur". Sentences of imprisonment involve compulsory labour by virtue of sections 55 and 66 of the Penal Code.

The Committee has also referred to section 165 of the Maritime Police Code, which prohibits crew members of an Ecuadorian vessel from disembarking in any port other than the port of embarkation except with the agreement of the master. It also provides that if a crew member deserts he shall forfeit his pay and belongings to the vessel and that if he is captured he shall pay the cost of his arrest and be punished in accordance with the navy regulations in force.

The Committee had expressed the hope that measures would be taken as concerns these provisions in order to ensure the observance of Article 1 (c) and (d) of the Convention. Moreover, the Committee has requested the Government to supply information on the practical application of sections 130, 133, 134, 148, 153, 155 and 367 of the Penal Code, so that it would be able to assess the scope of these provisions in light of Article 1 (a) and (c) of the Convention.

The Committee notes with interest that the Government has referred, in its report, to several draft decrees elaborated with the assistance of representatives of the ILO Director-General in November 1989. Under these draft decrees, Legislative Decree No. 105 is mandatorily interpreted as inapplicable to strikes or collective work conflicts, section 165 of the Maritime Police Code is repealed, and sections 53, 54, 55 and 66 of the Penal Code and section 22 of the Code on the execution of sentences and social rehabilitation are mandatorily interpreted so that the work of convicted persons in detention and re-education centres shall be voluntary and the profits from this work shall accrue exclusively to the convicted persons.

The Committee notes the Government's indication that these texts will be presented to the Congress immediately, with the support of the Executive Branch, and that it will continue to provide information on the progress made in this regard.

Noting also with interest the indication made by the Government in its report that there have been no judicial decisions under the above-mentioned sections of the Penal Code, the Committee hopes that the Government will soon be in a position to report the adoption of the decrees it has drafted.