Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the adoption the new Constitution in September 2008 following its approval by referendum. The Committee notes with interest that article 11(2) of the Constitution includes new grounds on which discrimination is prohibited, including migration and being HIV positive. It also notes that article 43 provides that the State shall guarantee that pregnant women are not discriminated against on grounds of pregnancy in the educational, social and labour fields. The Committee further notes that article 47(5) of Constitution recognizes the right of persons with disabilities to work under conditions of equality of opportunity with a view to developing their capacities and potential, through policies for their integration into public and private entities. The Committee asks the Government to provide information on the measures adopted or envisaged to give effect to these provisions.

Article 2 of the Convention. National equality policy. The Committee notes that Executive Decree No. 1733 (Official Bulletin No. 601 of 29 May 2009) abolished the National Women’s Council (CONAMU) and established the Transition Commission to determine the public institutions that will guarantee equality between women and men, and which is entrusted with responsibility to prepare draft legislative reforms for the establishment of the National Gender Equality Council. The Committee notes that, in addition to the CONAMU, changes have also been made to the Council for the Development of the Peoples and Nationalities of Ecuador (CODENPE), the Afro-Ecuadorian Development Corporation (CODAE), the Council for the Development of the Coastal Montubio People (CODEPMOC), the Council for Children and Young Persons (CNA) and the National Disability Council (CONADIS). The Committee requests the Government to provide information on the outcome of this process of transition and on the institutions established in accordance with articles 156 and 157 of the new Constitution which are entrusted with responsibilities related to guaranteeing equality of opportunity and treatment in employment and occupation.

National policy on gender equality. The Committee notes the concern expressed by the Committee on the Elimination of Discrimination Against Women in its concluding observations of November 2008 about the high rates of women’s underemployment and unemployment, especially in rural areas, and cases of gender discrimination in the workplace, including dismissals relating to maternity, and discriminatory labour practices against women, especially indigenous and migrant women and those of African descent (CEDAW/D/ECU/CO/7, 7 November 2008, paragraphs 34–36). The Committee once again requests information on the results achieved in the prevention and eradication of work by women under conditions of exploitation which, as noted by the Committee in its previous comments, was one of the objectives of the Equal Opportunities Plan 2005–09 (PIO). The Committee also requests the Government to provide detailed information on the policies and programmes intended to ensure equality of opportunity and treatment in employment and occupation for women, especially indigenous women, migrant women and women of African descent, and their impact.

Promoting the access of women to public sector employment. With reference to its previous observation, in which it noted with interest the conclusion of a Framework Inter-institutional Cooperation Agreement with a view to ensuring that effect is given to the principles of equality and equity between men and women in the processes of institutional modernization and the re-evaluation of work in public institutions in Ecuador, the Committee notes that, according to the Government’s report, in the context of the above Agreement, gender was included in the Integrated Human Resources Information System (SIIRH) developed by the National Technical Secretariat for the Development of Human Resources and Remuneration in the Public Sector (SENRES) and the study “Public employment in Ecuador: A gender view” was published. It notes that the Transition Committee has also worked to introduce gender as a cross-cutting issue in the law and standards issued by the SENRES with the objective of promoting the access of women to public employment. The Committee requests the Government to provide further information on the introduction of gender as a cross-cutting issue in the standards issued by the SENRES with the objective of women gaining access to public employment and the impact of this measure. Noting that the Framework Inter-institutional Cooperation Agreement expires in December 2009, the Committee requests the Government to provide information on the measures envisaged to continue ensuring the application of the principle of the Convention in the public sector. The Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

Legislation. The Committee notes that, according to the information provided by the Government, the draft amendment of the Cooperatives Act is before the National Assembly. With reference to its previous comments, the Committee urges the Government to take this opportunity to repeal section 17(b) of the Regulations of the Cooperatives Act, under which married women require the authorization of their husbands to be members of agricultural housing and family garden cooperatives. The Committee hopes that the Government will be in a position to provide information on the progress achieved in this respect in its next report.

Sexual harassment. The Committee notes that the Gender and Youth Unit of the Ministry of Labour is preparing a compendium on sexual harassment in the fields of education, labour, politics and domestic work which includes basic definitions, practical cases, national and international legislation and the contact details of support bodies and organizations. The Committee also notes the draft constitutional proposal of February 2008 to discourage situations of harassment, which involves the termination of officials who commit repeated offences of sexual and psychological harassment and abuse of authority. The Committee requests the Government to provide information on the impact that this compendium has had in terms of preventing sexual harassment in the working environment and to provide information on other measures that are being adopted to raise awareness of the harmful effects of harassment at the workplace. The Committee invites the Government once again to take appropriate legislative measures to prohibit sexual harassment in employment and occupation which include both quid pro quo and hostile work environment harassment.

Afro-Ecuadorian peoples. The Committee notes that the National Development Plan 2007–10 contains a component with the objective of combating historical disparities which hinder the human development of Afro‑Ecuadorian persons. It notes that according to the statistics contained in the Plan, the racial prejudice index against Afro-Ecuadorian persons is 75.9 per cent. It also notes that, according to the living conditions survey of 2006, while a white person can obtain average monthly income from employment of US$316.60, an Afro‑Ecuadorian person only obtains US$210.80. With regard to the urban unemployment rate, the Committee notes that it is 11 per cent for Afro‑Ecuadorian persons, compared with a national average of 7.9 per cent, and 17.5 per cent for Afro-Ecuadorian women. It further notes that 92.8 per cent of Afro-Ecuadorian persons do not reach university level. The Committee requests the Government to provide detailed information on the results and impact of the various types of action envisaged in the plan referred to above, including the application of affirmative action measures, the development of the “Work without discrimination” programme and the action taken to promote and increase the access of young Afro-Ecuadorian persons to university. The Committee also requests information on the measures promoted, as envisaged in the Plan, to monitor and punish any act of racial discrimination against Afro-Ecuadorian persons on the labour market.

The Committee is raising other points in a request addressed directly to the Government.