Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Equateur (Ratification: 1954)

Autre commentaire sur C029

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the strengthening of the legislative framework to combat forced labour through the inclusion in the Comprehensive Organic Penal Code of provisions criminalizing the exaction of forced labour or other forms of labour exploitation (section 105), trafficking in persons (sections 91 and 92), sexual exploitation (section 100) and forced prostitution (section 101). The Committee requested the Government to provide information on the judicial proceedings initiated and the convictions secured on the basis on these provisions, as well as the measures taken to provide adequate protection to all victims of forced labour, including victims of trafficking.

1. Institutional framework to combat trafficking in persons and protect victims. In its report, the Government refers to the actions of the Inter-institutional Coordination Committee to combat trafficking in persons and the smuggling of migrants, which is under the authority of the Ministry of the Interior and responsible for the implementation the National Plan to Combat Trafficking in Persons adopted in 2006. The Committee has three focuses: prevention, protection and investigation. With regard to the protection of victims, the Government indicates that, between 2013 and 2016, more than 180 persons received support in the framework of the Unified National Protocol for protection and comprehensive assistance for victims of trafficking. An inter-institutional committee is responsible for ensuring that appropriate (medical, psychological and social) assistance is provided and that victims are able to assert their rights. There are currently two reception centres, one managed by the State and the other by civil society, which assist victims, regardless of whether they agree to cooperate with the judicial authorities.

The Committee also observes that, according to the information available on the website of the Ministry of the Interior, the Organic Act on human mobility and its implementing regulations were adopted in 2017. Chapter VI of the Act establishes the framework for the prevention of trafficking in persons, as well as the protection, support and reintegration of victims, to be implemented by the State. The Act also provides for the creation of a register for the identification of victims and for the analysis and collection of data, which should provide a better understanding of trafficking in persons and enable the development of public policy in this area. In additional, a confidential, toll-free hotline (1-800-DELITO) has been set up, through which people can receive information and support. Lastly, the Committee notes that a study on the state of trafficking in persons in Ecuador was presented in April 2018 and was the subject of discussions. The outcomes of these discussions will be used to develop a new national plan of action to combat trafficking in persons.

The Committee notes all this information and requests the Government to provide detailed information on the activities conducted by the Inter-institutional Committee to step up the fight against trafficking in persons. It requests the Government, in particular, to indicate the steps taken to implement the framework for the prevention of trafficking in persons and the protection of victims established in the Organic Act on human mobility of 2017 and its implementing regulations. The Committee also requests the Government to provide information on the evaluation of the implementation of the national plan adopted in 2006, including the results achieved and the difficulties identified. It hopes that, in this context, the Government will take all the necessary measures to conclude the adoption of the new national plan of action to combat trafficking in persons and that it will provide detailed information on this matter.

2. Penalties. The Committee notes the information provided by the Government on the training activities conducted by the Council of the Judicature (Consejo de la Judicatura) with a view to strengthening the capacities of judicial officers to detect and prosecute trafficking crimes. Moreover, the Council is working on the implementation of a coordination mechanism to ensure the implementation of court decisions establishing remedial action for victims of gender-based violence or trafficking in persons. The Committee also notes that, according to the information available on the website of the Ministry of the Interior, a field manual on detecting trafficking in persons has been developed. It observes that, according to the national police unit combating trafficking in persons and the smuggling of migrants, between 2013 and 2016, the national police arrested 215 suspects and that, during the same period, 380 persons were rescued. Furthermore, between January and June 2017, 47 victims of trafficking were rescued and 32 people were arrested.

The Committee requests the Government to continue to provide information on the investigations conducted, the judicial proceedings initiated, and on the number and nature of the convictions secured on the basis of the relevant provisions of the Comprehensive Organic Penal Code. Please also indicate the measures taken to continue to strengthen the capacities of the national anti-trafficking police unit and of the judicial authorities in the detection and handling of trafficking cases. Please also provide information on the implementation of court decisions establishing remedial action for victims.

Article 2(2)(c). Prison labour. The Committee previously referred to the provisions of the Penal Code concerning prison labour, under the terms of which work constitutes a fundamental element of the rehabilitation and social reintegration process and may be performed in the context of associations for productive and commercial purposes. It requested the Government to provide information on prison labour, indicating whether the legislation allowed prison labour to be carried out for private enterprises and, if so, how the persons concerned express their formal, freely given and informed consent to work. In its report, the Government refers to the adoption of regulations on the national social rehabilitation system, as well as regulations concerning the dependent work of persons carrying out a custodial sentence (MDT-2015-0004). The Committee notes with interest that the latter regulations contain a number of provisions aimed at ensuring that prison labour carried out for the benefit of private entities, is of a voluntary nature and performed in conditions similar to those of a “free” employment relationship. Therefore, under the terms of section 4 of the regulations, prisoners must freely and voluntary express their consent to perform work, and such consent must be expressly indicated in the individual contract of employment. Moreover, sections 5 to 7 provide that a special individual contract of employment must be established in writing, that the remuneration cannot be less than the universal basic income guaranteed to workers in general and that the weekly working time shall not exceed 40 hours. The Committee requests the Government to provide information on the application in practice of these regulations, in particular, on the contracts concluded between prisoners and private entities, as well as any difficulties encountered in the implementation of these regulations.