DOCUMENTATION CENTER
In this section we make a digital memory of the case. Various state institutions have issued reports, resolutions, and other administrative acts on the situation in the Furukawa farms, confirming serious violations of the human rights of the abaca workers.
The Ombudsman of Ecuador submitted the first public report on February 18, 2019. In this section you can find key documents of this case and also the amicus curiae introduced before the Court.
The Constitutional Court confirmed that Furukawa Plantaciones del Ecuador subjected the abaca workers on their farms to contemporary forms of slavery and ordered that they be fully compensated
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REPORT OF THE OMBUDSMAN'S OFFICE
FIRST INSTANCE RULING
HIGHLIGHTS
Documentation from state agencies and social organizations that have documented the grave human rights violations committed by Furukawa and the Ecuadorian State
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
June 4, 2020
Complaint to the Emergency Operations Committee | COVID-19
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.
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.
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.
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.
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.
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.
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.
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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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.
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.
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.
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.
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.
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.
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.
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.
June 14, 2022
Final ruling of the Constitutional Court of Ecuador
The Constitutional Court of Ecuador issued a ruling in which it determined that the company Furukawa Plantaciones del Ecuador subjected its workers to contemporary forms of slavery and ordered comprehensive reparations
AMICUS CURIAE
DEJUSTICIA
The Center for Law, Justice and Society Studies provides information on transformative reparations and the delivery of land as a preferred measure.
ILAW NETWORK
The International Network of Workers' Lawyers has reviewed the State's national and international obligations and called for reparations to victims.
Geraldine Minda Lastra
Geraldine, president of the Évano Foundation, reflects on the reparation and productive and reproductive work that women abaca workers carry out, highlighting several differences.
Bladimir Chicaiza
Bladimir, a former ILO official, provides information on hazardous child labour that could help sanction the Furukawa company and the Ecuadorian State.
Francia Moreno
France, from the Observatory of Justice for Afro-descendants in Latin America, contributes with elements on intersectionality that the Court must take into account.
Sofia Zaragocín
Sofía from the Cimarrunas Reexistence Collective reflects on race as a scientific fact that justifies social inequality in norms, institutions, and public policy.
Francisco Hurtado
Francisco from the Social Observatory of Ecuador provides historical data on the company, its allies, and revolving doors as proof of systematic exploitation actions.
Ivette Vallejo
Ivette, a professor at FLACSO, examines how the economic and symbolic conditions of racism have affected the freedom and consent of abaca workers.
INIGED - UCE
The Equality, Gender and Rights Research Institute of the Central University contributes to the need for comprehensive reparation in light of the complexity of the case.
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.
FOMAE
The Federation of Corn Organisations supports SIPAE's request for access to land as a form of comprehensive reparation for victims.
Salvador Quishpe
Former Congressman Salvador Quishpe also made contributions to the need for reparations so that the complainants can change their socio-economic situation.
CDES
The Center for Economic, Social and Cultural Rights analyzes the forms of modern slavery in the world and the standards for its eradication, a contribution from the global level.
IDEA DIGNIDAD
Idea Dignidad analyses child labour on the Furukawa estates and the national and international protection standards for justice and reparation for children in this case.
SURKUNA
Provides insights into the specific situation of women who have lived and worked on the Furukawa farms harvesting abaca and caring for their families.
CDH GUAYAQUIL
The Permanent Committee for the Defense of Human Rights provides criteria on human dignity, impoverishment and state human rights obligations.
AMAZON FRONTLINES
It provides an analysis of the principle of equality and non-discrimination and the obligations of the State with regard to the human rights of Afro-descendant people.
INREDH
The INREDH Foundation submitted two amicus briefs. One on the State's omissions in the case and another on human rights violations committed in light of international standards.
OBSERVATORIO CIUDADANO
The Citizen Observatory of Safety and Health at Work analyzes these two issues in light of international human rights standards applicable to Ecuador.
Rossana Torres
Analyzes from a sociological perspective the precariousness and racialization of agricultural work in Ecuador and specifically what has occurred on the Furukawa farms.
Francis Andrade
Provides criteria on the right to land of peasants and agricultural workers as well as standards for the protection of ESCR.
Sylvia Bonilla y otros
Together with Angie Toapanta and Gabriel Otero, they contribute with standards on the human right to decent work, mainly freedom of choice and the prohibition of precarious employment.
David Salazar
Provides criteria on the legal nature of the protection action, the evidence and the due process that judges must respect in the present case.
Cecilia Chérrez
An analysis is made of the impacts that abaca monoculture has on the ecosystem of the provinces where the company Furukawa Plantanciones CA del Ecuador operates.