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Case title | Victor Manuel Gonzalez Hernandez et al vs. Furukawa Plantaciones C.A. de Ecuador et al |
Country where the conflict/incident took place | Ecuador |
Country where the case is being litigated | Ecuador |
Year of initiation of proceedings | 2019 |
Case reference number | Provincial Court of Santo Domingo de los Tsáchilas, Trial No. 23571201901605 |
Status of case
| Judgment, October 15, 2021 Pending appeal |
Category | Slave Labour and Decent Work Conditions |
Plaintiffs | Victor Manuel Gonzalez Hernandez and 122 others |
Defendants |
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At issue | The plaintiffs claimed they were subjected to inhumane working and living conditions by Furukawa, constituting servitude. They accused the state of failing to act despite knowing the situation. |
References |
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Proceedings: The claim was initiated on February 18, 2019, following a human rights verification report presented by the Defensoría del Pueblo (Ombudsman’s Office), an independent national human rights institution in Ecuador. This report highlighted the severe labour and living conditions of workers at Furukawa’s plantations. The plaintiffs in the case were 123 current and former workers of Furukawa Plantaciones C.A., a Japanese owned company that has been operating in Ecuador since 1963. Furukawa Plantaciones C.A. primarily cultivates abacá, producing highly resistant abacá fiber used in various industries, including as a replacement for fiberglass. The company operates multiple plantations across Ecuador, primarily cultivating abacá and, in some areas, African palm.
Main Claims: The plaintiffs alleged that they were subjected to inhumane working and living conditions by Furukawa, amounting to servitude. The violations included the rights to equality and non-discrimination, work, health, education, social security, adequate housing, and the prohibition of slavery, servitude, and child labour. Additionally, the plaintiffs accused the state of failing to act despite being aware of the situation.
Decision of the first instance court: On April 19, 2021, the Judicial Unit against Violence against Women or Members of the Family Nucleus of the Santo Domingo Canton issued a judgment acknowledging that the plaintiffs were subjected to servitude. The court declared Furukawa Plantaciones C.A. responsible for violating several human rights, primarily economic, social, and cultural rights, and ordered comprehensive reparation measures. Additionally, the court recognized that various state institutions, including the Ministry of Labour and the Ministry of Public Health, had failed to take effective measures to protect the workers’ rights, despite being aware of the conditions.
The first instance decision was appealed by both the plaintiffs and Furukawa Plantaciones C.A. The plaintiffs aimed to address additional grievances and expand the responsibilities of the state institutions, while Furukawa Plantaciones C.A. challenged the findings of rights violations and the ordered reparations.
Decision of the second instance court: On October 15, 2021, the Provincial Court of Justice of Santo Domingo de los Tsáchilas delivered its judgment. The court partially upheld the first instance court’s decision, ruling that Furukawa Plantaciones C.A. violated several constitutional rights of the plaintiffs, including the rights to equality, non-discrimination, work, protection against child labour, health, education, social security, adequate housing, and the prohibition of slavery and servitude. However, the court overturned the ruling that held the ministries responsible for rights violations due to their failure to guarantee the protection and fundamental rights of the Furukawa workers and exonerated the Ecuadorian State from liability.
Consequently, the court upheld the order for economic reparations to be paid by Furukawa Plantaciones C.A. to the plaintiffs but provided additional clarifications and specific instructions on how these reparations should be implemented. Despite exonerating the State from liability, the court mandated several actions to safeguard the rights of the plaintiffs. The Ministry of Labour was ordered to continue monitoring the plantations owned by Furukawa Plantaciones C.A. to prevent further rights violations. Additionally, the Ministry of Public Health was directed to provide psychological and medical care to the claimants, including treatment, prostheses, and medications. Furthermore, the Ministry of Environment and Water was instructed to investigate potential environmental damages caused by monoculture practices on Furukawa’s plantations and to implement measures to ensure better living and working conditions for the plaintiffs.
Further developments:
The plaintiffs appealed the Provincial Court of Justice of Santo Domingo de los Tsáchilas’ decision to absolve the State of responsibility. The appeal remains pending.
On January 27, 2022, the Constitutional Court selected this case to generate jurisprudential precedent. The Court noted that “analysing possible violations of rights based on new forms of labour exploitation and slavery ”will allow “the development of the standards that constitutional justice must consider when there are charges of omission and the violation or not of constitutional rights” and, at the same time, time, ”define the parameters […] for the prevention and protection of contemporary forms of servitude, child labour and labour exploitation in Ecuador.”
Related cases:
Relevant references:
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