Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Practical application of the Convention. In its previous comments the Committee requested the Government to provide information on the sanctions imposed by the courts pursuant to section 246 of Legislative Decree No. 1030. The Committee takes note of the information provided by the Government on court rulings on complaints of discrimination and on instances of discrimination identified by the Special Gender and Prevention of Labour Discrimination Unit of the Ministry of Labour and Social Welfare. The Committee notes, however, that the text of the court rulings mentions neither whether section 246 was applied nor the sanctions imposed. The Committee requests the Government to provide information on the application of section 246, including the number and nature of cases in which sanctions have been imposed. The Committee also requests the Government to provide information on the follow-up to the instances of discrimination identified by the Special Gender and Prevention of Labour Discrimination Unit.

Equal opportunities for men and women. The Committee notes the information provided by the Government on the participation of men and women in vocational training. The Committee notes that between June 2009 and May 2011, the Salvadorian Vocational Training Institute (INSAFORP) trained 1,454 young people, comprising 1,004 men and 450 women. The Committee also notes the Employability Programme, which provides training for vulnerable groups of the population in a variety of jobs. The Committee notes that from the information provided that there is marked occupational segregation from the training stage (for example between June 2009 and May 2011, only 78 women received training in electronics compared to 4,015 men, while 1,627 women received training in garment-making compared to 261 men). The Committee emphasizes the importance of providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, in order to broaden the range of occupations from which men and women are able to choose (see General Survey on fundamental Conventions, 2012, paragraph 750). The Committee requests the Government to take appropriate measures to guarantee access to training for men and women without discrimination based on gender and to encourage the access of women to areas of training traditionally occupied by men and vice versa. The Committee requests the Government to continue providing information in this regard.

Women in rural areas. The Committee notes the information provided by the Government concerning the measures adopted to improve women’s access to the labour market in rural areas, including the decentralization of public employment services to regional or departmental offices; the implementation of the land distribution programme for rural women by the Salvadorian Agrarion Transformation Institute, under which 225 deeds have already been issued; training for the production of various goods; and the distribution of seeds. A number of other projects for rural women have also been funded and implemented. The Committee requests the Government to continue taking steps to improve rural women’s access to the labour market and to provide information on the impact of such measures.

Proactive measures and dissemination of labour rights. The Committee notes the measures, action, circulars and programmes developed by the Government to familiarize employers and workers with labour rights. The Committee notes, in particular, the handbook on affirmative action to promote gender equality in employment generation adopted under El Salvador’s National Occupational Training and Labour Integration Project. The Committee requests the Government to continue providing information on other similar measures and handbooks and on any other proactive steps taken to eliminate discrimination in employment and occupation.

Part III of the report form. Labour inspection. The Committee notes the Government‘s statement that the Ministry of Labour and Social Welfare has developed a national training module for labour inspectors on discrimination at work and sexual harassment and other forms of harassment at work. The Committee requests the Government to continue providing information on training measures for labour inspectors, and the impact of such measures on improving the capacity of labour inspectors to detect and address discrimination in employment and occupation, including sexual harassment and other forms of harassment.