Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

1. The Committee notes the information provided by the Government in its report, and the comments of 31 January 2003 sent by the International Confederation of Free Trade Unions (ICFTU) alleging that even if the Constitution prohibits discrimination, in practice discrimination on grounds of gender and ethnicity is pervasive. It states that women face societal discrimination in terms of education, inheritance and employment, such that they have limited economic opportunities and face discrimination in both access to employment and in remuneration. The ICFTU also indicates that some governmental agencies have direct orders to give preference to male candidates and that in export processing zones (EPZs) approximately 90 per cent of staff is composed of women who are subjected to appalling conditions, and where almost all management positions are occupied by men. The report points out that in the EPZs women are often subject to sexual harassment and mandatory pregnancy testing, and that if they are pregnant they are not hired or are dismissed. Finally, the ICFTU states that indigenous people also face discrimination in employment and access to productive resources and to education, and there are reports that indigenous rural labourers are paid less than non-indigenous rural labourers.

2. The Committee takes note of the Government’s brief response stating that the ICFTU information is outdated as it relates to situations which no longer exist, and that the allegations of the ICFTU are not based on solid and substantial evidence. The Committee notes that the Government’s reply does not contain information on the situation of women in practice, nor of the situation in the EPZs, or on the allegations concerning indigenous people. The Committee is concerned these allegations raise serious issues concerning the application of the Convention. It requests the Government to provide detailed and specific information on the manner in which equal access of women to positions in the government service, management positions, as well as economic opportunities are promoted and non-discriminatory provisions are enforced. Please also provide specific information on the situation of women in the EPZs, including protection against pregnancy testing and hiring and dismissal practices. Further please provide information on the manner in which equality is ensured for indigenous people in both urban and rural areas as regards working terms and conditions. Finally, it asks the Government to take appropriate measures to investigate and eliminate discriminatory practices.

The Committee is raising other points in a request addressed directly to the Government.