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DOCUMENTATION CENTER

In this section, we share our digital memory of the case. Several state institutions have issued reports, resolutions, and other administrative acts on the situation in the Furukawa haciendas, confirming severe violations of the human rights of the abacalero workers.

The Ecuadorian Ombudsman's Office presented the first public report on February 18, 2019. In this section, you can find key documents of this case and also the amici curiae briefs filed.

HIGHLIGHTS

REPORT OF THE OMBUDSMAN'S OFFICE

FIRST INSTANCE RULING

Destacados
Documentos del caso
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Official documentation and social organizations' reports documenting the massive human rights violations committed by Furukawa and the Ecuadorian State

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September 25, 1926

United Nations Anti-Slavery Convention (1926)

In this Convention, the United Nations agreed to eradicate slavery at a global level, that is, the act of exercising the attributes of ownership of things over people. It came into force in 1927.

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February 18, 2019

Resolution to close and suspend Furukawa activities

On February 18, 2019, the Ministry of Labor ordered the suspension of activities and closure of the Furukawa company due to labor intermediation and non-compliance with labor standards and ordered a reinspection within 60 days.

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April 3, 2019

UN Special Procedures Letter to Ecuador's Government

Nine special mechanisms of the United Nations addressed the Ecuadorian government to request information on the situation of the families who live and work on the haciendas of Furukawa Plantaciones C.A. from Ecuador.

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April 9, 2019

Monitoring report of the Ombudsman's Office

Almost two months later, the Ombudsman's Office of Ecuador issued a first follow-up report on the case and reiterated several observations to be met by State Institutions regarding the Furukawa company.

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June 2, 2019

Ecuador's response to UN special procedures

The Ecuadorian government's response recognizes the facts reported to the United Nations and reports of specific and dispersed actions in the present case, which do not constitute comprehensive human rights reparation.

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September 18, 2019

FIDH and REDCONE report on Furukawa Company

This report presents the findings and recommendations of the Verification Mission of the social organizations that are part of the FIDH and other Afro-Ecuadorian organizations on the current situation in the Furukawa estates.

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December 20, 2019

Declaration of the Group of Experts on People of African Descent

The United Nations Group of Experts on People of African Descent issued some conclusions on the Furukawa case and several recommendations to the State at the end of its visit to Ecuador between December 16 and 20.

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May 21, 2020

Complaint to the Ministry of Public Health due to COVID-19 situation

Despite the state of emergency and the curfew decreed due to the health emergency, the company continued to operate without any protocol. The existence of COVID-19 cases is reported, and health intervention is requested.

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July 30, 2020

Final report of the Ombudsman's Office on Furukawa

The Ombudsman's Office of Ecuador delivered a final report on the case to the Presidency of the Republic. It confirms the violation of human rights of families in resistance who have lived in a situation of modern slavery.

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August 21, 2020

Visit report of the Group of Experts on Afro-descendants to Ecuador

The United Nations Group of Experts on Afro-descendants recommended that the State implement the recommendations of the Ombudsman's Office, compensate the victims, expropriate lands, and close the Furukawa Plantaciones company.

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January 5, 2021

Financial expert opinion in the protection action

During the protection action, the organized families requested that a financial assessment be carried out as part of the tests. The report prepared by the expert can be consulted at this link; the company did not collaborate with this expert.

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October 15, 2021

Second instance ruling in favor of the abacaleros

The Provincial Court of Santo Domingo de los Tsáchilas confirmed the existence of modern slavery, called serfdom, committed by the company Furukawa Plantaciones but freed the Ecuadorian State from responsibility.

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January 11, 2022

Complaint against the Ombudsman's Office by expert opinion

During the hearing called for the second protection action, the anthropological expert opinion was excluded, and the Ombudsman intends to collect the value of new expertise from the abacaleros organized in this case.

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September 7, 1956

UN Supplementary Convention on Slavery (1956)

This international treaty modifies the 1956 Convention and agrees to progressively eradicate all contemporary forms of slavery, including serfdom as one of the forms of labor precariousness.

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February 2019

Other resolutions of fines and sanctions against Furukawa

Between February 14 and 18, the Ministry of Labor imposed several fines and sanctions on Furukawa for child labor, labor intermediation, and non-compliance with workplace safety and work risks on its haciendas in two provinces.

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April 3, 2019

UN Special Procedures Letter to Furukawa Company

Nine special United Nations mechanisms addressed the General Manager of Furukawa Plantations C.A. of Ecuador to request information about the situation of families who live and work on their haciendas.

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April 16, 2019

Resolution of the Plenary of the National Assembly

Recognizes that the families who live and work within the Furukawa estates live in conditions of serfdom that could constitute a form of modern slavery and provide for recommendations and oversight

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September 10, 2019

UN Special Procedures Letter to Ecuador's Government

The Working Group on Human Rights and Business and the United Nations Rapporteur on Human Rights Defenders addressed the Ecuadorian government to request information about the situation of a defender in this case.

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November 11, 2019

Ecuador's response to UN special procedures

It is the response of the Ecuadorian government to the Working Group on Human Rights and Companies and the Rapporteur on Human Rights Defenders on the situation of an abacalero in this case. The two documents are unified.

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8 de enero de 2020

Report of the Specialized Commission on Collective Rights

This Commission of the National Assembly issued its final inspection report in compliance with the April 16, 2019, resolution. It gave several conclusions and recommendations that verify the situation of modern slavery in Furukawa.

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June 4, 2020

Complaint to the Ministry of Labor about the COVID-19 situation

Despite the state of emergency and the curfew decreed due to the health emergency, the company continued to operate without any protocol. Labor inspections are requested to verify compliance with obligations.

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August 14, 2020

Complaint to the IESS about a serious work accident

The accident of a Furukawa worker, bitten his leg by a snake due to a lack of safety equipment, lack of payment of contributions to the IESS, and subsequent actions of negligence on the company's part are reported.

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September 4, 2020

Anthropological expertise in protection action

During the protection action, the organized families of abacaleros requested that an anthropological expert report be carried out as part of the evidence. The report prepared by the expert is available at this link.

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April 19, 2021

First instance ruling in favor of the abacaleros

The written ruling of the first instance is issued within the protection action filed against the State and the company. Comprehensive reparation is ordered, which includes land and economic compensation for all.

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December 2, 2021

Complaint to the Ombudsman's Office for harassment by an agent

On December 2, while the organized abacaleros were carrying out public activities in Quito, an intelligence agent from the National Police followed us and harassed us by taking photographs. We have filed the respective complaint.

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March 6, 2022

Final report of the Commission of Constitutional Guarantees [...]

The Commission on Constitutional Guarantees and Human Rights of the National Assembly issued a new inspection report following the visit and appearances they have made in recent months.

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February 18, 2019

First Human Rights Verification Report of the Ombudsman's Office

The Ombudsman's Office published a report in which it verified the existence of contemporary forms of slavery on the Furukawa estates and made several recommendations to intervene in this case.

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March 6, 2019

Intermediation and Precarizartion Resolution in Esmeraldas

On March 6, 2019, the Ministry of Labor, after visiting the camps in the Furukawa farms in Esmeraldas, verified labor intermediation and labor non-compliance with workplace safety and work risks on its haciendas in this province.

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April 3, 2019

UN Special Procedures Letter to Japan's Government

Nine special mechanisms of the United Nations approached the Japanese government to request information on the situation of the families who live and work on the haciendas of Furukawa Plantaciones C.A. from Ecuador.

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May 31, 2019

Furukawa's response to UN special procedures

Despite the human rights verification carried out by the Ombudsman's Office and the sanctions of the Ministry of Labor, the company denies the facts and accuses the victims of criminal groups.

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September 10, 2019

UN Special Procedures Letter to Furukawa Company

The Working Group on Human Rights and Business and the United Nations Rapporteur on Human Rights Defenders approached the Furukawa company to request information about the situation of a defender in this case.

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November 14, 2019

Observations of the UN ESCR Committee to Ecuador

The United Nations ESCR Committee issued several recommendations to the Ecuadorian State, including adopting comprehensive protection and reparation measures, among them measures to non-repetitive these events.

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April 8, 2020

Voucher request to the Ministry of Inclusion during the emergency

Despite the state of emergency and the curfew decreed due to the health emergency, the company continued to operate without any protocol. The existence of COVID-19 cases is reported, and health intervention is requested.

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June 4, 2020

Complaint to the Emergency Operations Committee due to COVID-19 situation

Despite the state of emergency and the curfew decreed due to the health emergency, the company continued to operate without any protocol. The National COE is requested to verify compliance with emergency measures.

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August 14, 2020

Complaint to the Ministry of Labor about a serious work accident

The accident of a Furukawa worker, bitten his leg by a snake due to a lack of safety equipment, lack of payment of contributions to the IESS, and subsequent actions of negligence on the part of the company are reported.

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October 21, 2020

Case follow up report for UN Special Rapporteurs

The Furukawa Never Again Solidarity Committee has sent a new report updating information and the situation to different special procedures of the United Nations that jointly requested information about the case.

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April 21, 2021

Removes illegitimate condemnation from Furukawa Plantaciones C.A.

On April 21, 2019, two days after the written ruling on the protection action, the Ministry of Labor removed the Decoration "For Labor Merit" from Furukawa Plantaciones C.A. of Ecuador, irregularly granted on September 8, 2005.

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December 2, 2021

Report on attacks on defenders committed by Furukawa

It evidences the systematic campaign that the company Furukawa Plantaciones C.A. of Ecuador has taken action against its former workers and some members of the Furukawa Never Again Solidarity Committee.

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June 14, 2022

Resolution of the Plenary Session of the National Assembly

The National Assembly issued a new resolution on the Furukawa case with new provisions within the framework of its oversight powers, including the request for the impeachment of the Minister of Labor, Patricio Donoso.

Amicus Curiae filed in the Human Rights Protection Lawsuit

DEJUSTICIA

The Center for Studies of Law, Justice and Society contributes with elements on transformative reparation and the delivery of land as a preferential measure.

Bladimir Chicaiza

Bladimir, a former ILO official, contributes with elements on child labor that help in the sanction of the Furukawa company and the Ecuadorian State.

Francisco Hurtado

Francisco from the Social Observatory of Ecuador provides historical data on the company, allies, and revolving doors as proof of systematic exploitative actions.

SIPAE, CNC and others

Peasant organizations contribute to the need to guarantee access to land as a form of reparation. At least 5 hectares for each of the complainants, they said.

CDES

The Center for Economic, Social and Cultural Rights analyzes the forms of modern slavery in the world and the standards for its eradication adapted to this case.

CDH GUAYAQUIL

The Permanent Committee for the Defense of Human Rights contributes with criteria on human dignity, impoverishment, and state human rights obligations.

OBSERVATORIO CIUDADANO

The Citizen Observatory of Safety and Health at Work analyzes these two meaningful issues in the case under the light of international human rights standards.

Sylvia Bonilla y otros

Sylvia Bonilla, Angie Toapanta, and Gabriel Otero contribute with standards on the human right to decent work, especially the prohibition of precariousness.

ILAW NETWORK

The International Lawyers Assisting Workers Network recounts the national and international obligations of the State and asks that victims be compensated.

Francia Moreno

Francia from the Justice Observatory for Afro-descendants in Latin America contributes with elements of intersectionality that the Court must take into account.

Ivette Vallejo

Ivette, a FLACSO professor, examines how the economic and symbolic conditions of racism have affected the freedom and consent of abacaleros.

FOMAE

The Federation of Corn Organizations supports SIPAE's request for access to land as a form of comprehensive reparation for victims.

IDEA DIGNIDAD

Analyzes child labor on the Furukawa haciendas and national and international protection standards for justice and reparation for children in the case.

AMAZON FRONTLINES

It contributes with an analysis of the principle of equality and non-discrimination and the State's obligations regarding the human rights of Afro-descendant people.

Rossana Torres

Analyzes from sociology the precariousness and racialization of agricultural work in Ecuador, specifically what occurred in the Furukawa haciendas.

David Salazar

It provides criteria on the legal nature of the human rights protection action, the evidence, and the due process that must be respected in the present case.

Geraldine Minda Lastra

Geraldine, president of the Évano Foundation, reflects on the reparation and productive and reproductive work that abacalera women carry out in the haciendas.

Sofia Zaragocín

Sofía from Colectivo Reexistencia Cimarrunas reflects on race as a scientific fact that justifies social inequality in norms, institutions, and public policy.

INIGED - UCE

The Research Institute on Equality, Gender, and Rights of the Central University contributes to the need for comprehensive reparation in the face of the case's complexity.

Salvador Quishpe

Former Congressman Salvador Quishpe also argued the need for reparation so the complainants could change their socio-economic situation.

SURKUNA

It provides criteria on the specific situation of the women who have lived and worked on the Furukawa farms, harvesting abaca and caring for the families.

INREDH

The INREDH Foundation presented two amicus. One about state omissions in the case and another about human rights violations in light of international standards.

Francis Andrade

It provides criteria on the right to land of peasants and agricultural workers as well as standards for protecting the economic, social, and cultural rights of the abacaleros.

Cecilia Chérrez

It analyzes the impacts that abaca monoculture has on the ecosystem of the provinces where the company Furukawa Plantanciones C.A. operates. from Ecuador

Amicus Curiae
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