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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - El Salvador (RATIFICATION: 1995)

Articles 2 and 3 of the Convention. National equality policy. Equality of opportunity and treatment for men and women in respect of employment and occupation. In its previous comments, the Committee requested the Government to continue its evaluation of the various gender equality policies and plans in force, particularly the National Equality and Equity plan for Salvadorian Women 2012–17, to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas. It also requested the Government to provide statistical data disaggregated by sex and occupational sector. The Committee notes the Government’s indication in its report that the Salvadorian Institute for Women’s Development produced an interim report on the National Equality Plan 2016–20. The Government indicates that the main measures taken and results achieved were, among others: (i) the adoption of job placement mechanisms by the Ministry of Labour and Social Security. The Government indicates that as a result of these, as at June 2017, some 8,884 people had obtained employment, 51.61 per cent of whom were women; that 49 job fairs had been held, four of which were exclusively for women; and that 5,576 women had been received at women’s rights service desks; (ii) the implementation of three ongoing plans, as a result of which 1,048 labour inspections related to women’s rights were conducted in 2016, and 368 in 2017; 39 labour inspections related to workplace harassment were conducted in 2016, and 26 in 2017; and 28 labour inspections related to the dismissal of pregnant women were conducted in 2016, and 60 in 2017; and (iii) the implementation in 2016 of four specific plans on the monitoring of wage gaps, the right to breastfeed, establishments for the manufacture and sale of fireworks and the payment of bonuses. The Government also indicates that, with the support of the Economic Commission for Latin America and the Caribbean, a document was prepared on the recognition of unpaid work, which will serve as the basis for a public policy currently being drafted on this subject. Regarding statistical data, the Government has indicated that: (i) in 2014, the average income for women was 91 per cent of that of men, and that by 2016 this gap had widened by 2 per cent; (ii) the gap between men and women is wider in higher ranking professions, and that in certain professions women’s participation is very low, particularly those traditionally considered to be “male”; (iii) the rate of women’s participation in the labour market was 95.3 per cent in 2014 and 94.7 per cent in 2016, while men’s participation was 91.4 per cent in 2014 and 91.9 per cent in 2016; (iv) regarding the participation of rural women in government programmes, the Ministry of Agriculture and Livestock indicates that, in 2015–16, women’s participation in the Agricultural Packages Programme rose from 40 to 47 per cent, and from 31 to 34 per cent in livestock-, forestry- and fishing-related training; and (v) the National Equality Plan 2016–20, which aims to establish efficient equality and non-discrimination measures, is being implemented. The Committee welcomes the measures adopted and requests the Government to continue with its evaluation of the various gender equality policies and plans, particularly the National Equality Plan 2016–20, to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas.

Indigenous peoples. In its previous comments, the Committee requested the Government to provide information on the specific measures adopted under the 2015 Public Policy for the Indigenous Peoples of El Salvador, including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market with equal conditions and opportunities. The Government indicates that it has developed the Cuna Náhuat early immersion language programme to develop the linguistic abilities of children from the indigenous community of Santo Domingo de Guzmán, Sonsonate, through a controlled process of early immersion in the Náhuat language. The Government indicates that 64 children received instruction in Náhuat between 2016 and 2017. It also indicates that an online Náhuat course was developed through an agreement with Don Bosco University involving input from language specialists from various universities in the country and Náhuat speakers from Santo Domingo de Guzmán. Instruction modules for teachers and student textbooks were also designed and drawn up to strengthen cultural identity and encourage the revitalization of the Náhuat language. The Government refers to the adoption of the Youth and Adult Continuing Education Policy (EPJA), which aims to create learning opportunities for young persons and women, particularly in rural areas and among indigenous peoples. The Government also adopted the “one people, one product” strategy for the promotion of economic and social development, employment, local productivity and identity-based resources. The Government indicates that the Five Year Development Plan 2014–19 includes among its objectives the promotion of the rights of indigenous peoples and of women. The Government announces that the Presidential Commissioner for the Defence of Human Rights is in the process of developing a public policy to harmonize actions in favour of indigenous peoples and their petitions. The Committee observes that the United Nations Committee for the Elimination of Racial Discrimination noted the measures for the revitalization of the Náhuat-Pipil language and expressed concern at the lack of similar measures for the Pisbi language of the Kakawira people and the Potón language of the Lenca people. The Committee also expressed its concern that measures promoting indigenous artisanship and the use of traditional indigenous knowledge were adopted without consulting with or obtaining the consent of indigenous peoples, and without safeguarding their rights in this area (CERD/C/SLV/CO/18-19, 29 August 2019, paragraph 24). The Committee notes that the United Nations Human Rights Committee, in its concluding observations, expressed its concern about the persistence of discrimination against indigenous people and other vulnerable groups, particularly in the areas of education, health, housing and employment (CCPR/C/SLV/CO/7, 9 May 2018, paragraph 9). Recognizing that indigenous minorities are in a better position to learn when instruction is in their native language, the Committee welcomes the measures adopted by the Government and requests it to provide information on the results of the Early Immersion Language Programme developed for the indigenous community of Santo Domingo de Guzmán, Sonsonate, and other measures developed for other indigenous peoples. The Committee also requests the Government to continue providing information on the specific measures adopted to benefit the indigenous peoples included under the Youth and Adult Continuing Education Policy (EPJA), including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market on the basis of equal conditions and opportunities.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(e). Access to vocational training under equal conditions. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted by the Salvadorian Vocational Training Institute (INSAFORP) to promote vocational training for women, and particularly on the affirmative action taken under the Institutional Gender Equality and Equity Plan 2013–16. The Committee notes the information provided by the Government in this regard, particularly that in 2016 a training programme on gender issues was provided to employees in the staff training system and to people who provide services, a study was conducted on the promotion of women’s training for non-traditional careers, and a campaign on gender stereotypes was launched with the support of the ILO and various government bodies. The Committee welcomes the measures taken and requests the Government to continue providing information on the measures adopted by INSAFORP, and particularly on the impact of these measures on the promotion of vocational training for women. The Committee requests the Government to provide statistical data, disaggregated by sex and occupational sector, on vocational training provided to men and women.

Enforcement. In its previous comments, the Committee requested the Government to: (i) indicate the outcome of the proceedings instituted under section 246 of the Penal Code, which provides that “any person who causes serious employment discrimination on the basis of sex, pregnancy, origin, civil status, race, physical or social condition, religious or political opinion, participation or non-participation in trade unions and their agreements, or kinship with other workers at the enterprise, and who does not, after administrative penalty or summons, re-establish equal conditions under the law and redress any financial damage that may have arisen from their actions, shall be liable to imprisonment of six months to two years and the penalties imposed”; (ii) provide statistical data on the cases of discrimination detected by the labour inspectorate, disaggregated by grounds of discrimination, and the follow-up given to them; and (iii) provide information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment and other forms of harassment. The Committee notes the Government’s indication that the Department of Labour Inspection has a system that receives complaints of various kinds of discrimination. Inspection staff then inspect the workplace, gather evidence and decide whether discrimination has occurred: for example, in 2016, a total of 55 complaints were registered, of which 46 were closed and nine resulted in fines. In 2017, a total of 72 complaints were registered, of which 67 were closed, four resulted in fines and one is being processed. In 2018, eight complaints were registered, of which five were closed and three are being processed. Regarding training measures, the Government indicates that in 2015–16, a total of 21 training days were held and 610 people attended, including inspection staff, workers and employers; the Technical Training Institute was established for employees of the Ministry of Labour and Social Security; and the Special Unit for the Prevention of Employment Discrimination presented talks on this subject at public events. The Committee requests the Government to indicate the outcome of the proceedings instituted under section 246 of the Penal Code and the penalties imposed; to continue providing statistical data on the cases of discrimination detected by the labour inspectorate, disaggregated by grounds of discrimination, and the follow-up given to them; and to continue providing information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment and other forms of harassment.