[unofficial translation by the BHRRC]

[...] In relation to the update on Case 3148 concerning freedom of association, which we submitted on 11 February of this year, we respectfully wish to present additional evidence to the Committee on Freedom of Association. Despite the fact that ASTAC is officially registered with the Ministry of Labour of Ecuador as a branch of activity union, our members continue to face obstacles that prevent them from carrying out union-related activities.

We attach the responses from the company DOLE for the purpose of the follow-up being conducted by the Business and Human Rights Resource Centre (BHRRC)(1), in relation to the complaint we submitted to the Federal Office for Economic Affairs and Export Control of Germany (BAFA), within the framework of the German Due Diligence Act. The complaint concerns the supermarket EDEKA, which sources bananas exported by the company MEGABANANA, a subsidiary of DOLE in Ecuador.

In the update of Case 3148, we reported violations of the trade union rights of our organization and of one of our members, Javier Criollo Sandoya, who is affiliated with our union, as documented in the attached file and formally registered on July 25, 2024. Comrade Criollo Sandoya was appointed to represent ASTAC at an international event organized by the German trade union center VERDI, held in Berlin, Germany, in October 2024.

From the contents of the letters sent by the company DOLE, and based on an alleged clarification requested from the Ministry of Labour of Ecuador, MEGABANANA—a subsidiary of the transnational DOLE—denied the leave requested by Javier Criollo. According to the company, the Ecuadorian Labour Code does not recognize first-level unions formed by workers from different companies. However, as already analyzed in ILO Case 3148, the Ecuadorian Labour Code does not prohibit the formation of such organizations, in accordance with the provisions of ILO Convention 87. Furthermore, DOLE refuses to acknowledge the ruling issued by an Ecuadorian court of justice, which ordered the Ministry of Labour to register ASTAC as a branch of activity union. This ruling was based precisely on Convention 87, which DOLE interprets in a way that serves its own interests.

On the other hand, the company claims not to recognize ASTAC as a trade union, arguing that part of the formation process involves notifying the employer. On this point, it is important to clarify that our legal status as a trade union was granted by the Ministry of Labour through Ministerial Agreement MDT-2022-01. Moreover, our recognition and legitimacy as a union have been affirmed by the workers from various banana companies who trust and have joined ASTAC, including comrade Criollo Sandoya. For this reason, we must emphasize that it is not within any company's authority to question ASTAC’s status as a legitimate trade union.

In addition, due to the lack of clear regulations applicable to first-level unions composed of workers from different companies, there are cases like that of Mr. Criollo, where the company refuses to recognize the union simply because the Ministry of Labour has not officially notified it of the union’s existence. Therefore, we reiterate the urgent need for clear regulations regarding the unionization of this type of organization.

Finally, we want to show that the company not only does not recognize ASTAC, but clearly never intended to do so, as it did not request any documents proving that Mr. Criollo is a member of ASTAC or that he holds union registration; instead, it merely referenced organizations that serve its own interests and with which it feels comfortable.

From ASTAC, we express our strongest rejection of the statements made by the company MEGABANANA, and we reiterate the urgent need for regulations that enable workers to form this type of union.

For us, it is evident that DOLE's position is to take advantage of the anti-union policies of the Ecuadorian government and of both national and transnational banana companies operating in the country, in order to deny and violate our rights.