Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 1(1)(a) of the Convention. Application in practice of the Convention in the Maquila (export processing zones). With regard to cases of violations of section 627 of the Labour Code respecting penalties for pregnancy testing and the dismissal of disabled women, as noted by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment, the Committee notes the Government’s indication that the majority of the cases consisted of women in the textile industry sector (Maquila), although there were also cases in the industrial, services and trade sectors. The Government indicates that during 2008 another ten cases were identified of dismissals of pregnant women, of whom nine were reinstated. During the first six months of 2009, the Special Unit identified 16 such cases, of which 15 resulted in reinstatement. With regard to the inspections carried out by the Special Unit in export processing zones and their results, during the course of 2008 a total of 276 scheduled inspections were carried out, during the course of which cases were initiated in 51 establishments for various violations of the labour legislation. During the first six months of 2009, fines were imposed on 23 establishments for violations of the labour legislation and for not having remedied infringements identified during the inspection. According to the Government, training activities in enterprises in the textile sector have been reinforced to ensure compliance with the labour legislation. The Committee notes that various legislative texts are being publicized in the textile industry, including Ministerial Circular No. 001/05 on the prohibition of employers to require HIV and pregnancy tests. The Committee requests the Government to continue providing information on the inspections carried out by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment and their results, and particularly any other measures adopted or envisaged with a view to reinforcing the protection of women workers and preventing discrimination in the Maquila sector.

Article 1(1)(b). Discrimination against workers on grounds of HIV/AIDS status. The Committee notes that the Government will undertake a review of the legislation with a view to ensuring protection against any discrimination related to HIV/AIDS status in the public sector. The Committee requests the Government to provide information on any developments relating to the adoption of the relevant legislation and on the application in practice of the provisions that are in force in the private sector.

Article 2. Equality of opportunity and treatment for men and women. According to the Government, since June 2009 a new policy of gender equity has been implemented through which the active participation of women is being promoted in education, employment, the economy and political, social and cultural life, particularly for women in rural areas. The Government indicates that a change of attitude is also being promoted in State institutions with a view to institutionalizing an approach that guarantees decent treatment for women. The Government indicates that support will be provided for the 262 municipal authorities in the country for the application of their gender equality policies, with a view to promoting the active participation and representation of women in decision-making processes in the political, economic and social spheres. According to the Economic Commission for Latin America and the Caribbean (ECLAC), the participation rate of men in economic activity is 81.4 per cent, while that of women is 44.2 per cent. The Committee invites the Government to provide information in its next report on the new policy of equality between men and women that is being implemented in both the public and private sectors. The Committee also requests the Government to provide information on the measures adopted with a view to promoting the participation of women in the labour market and their access to managerial positions.

Indigenous peoples. With reference to the participation of indigenous communities in the land allocation programmes undertaken by the Salvadorian Institute for Agrarian Reform (ISTA), the Government indicates that the programmes do not envisage the specific allocation of lands to indigenous communities, but are intended for the rural sector in general, with some programmes benefiting the indigenous population, including the Salvadorian National Indigenous Association (ANIS), the United Association of Salvadorian Indigenous Workers (AUTIS) and the Coordinated Association of Indigenous Communities of El Salvador (ACCIES). According to the Government, the indigenous communities which have gained access to ISTA programmes have seen improvements in their living standards through the allocation of lands in accordance with the applications made. Through the ISTA a land title programme has been implemented, with 4,455 ownership titles being granted. Technical assistance has also been provided to producers so that they can benefit from the allocation of ownership in the agricultural and stock-raising sectors. According to the Government, the country does not have updated census data or data on the geographical location of the indigenous population. The Committee invites the Government to provide information on the measures adopted to achieve progress in the effective equality of indigenous peoples in employment and occupation.

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