Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information provided by the Government in its report and the attached documentation.

1. Article 1, paragraph 1 (b), of the Convention.  The Committee notes with interest that section 246 of Legislative Decree No. 1030, of 26 April 1997, issuing regulations under the Penal Code, and amended by Legislative Decree No. 703, of 9 September 1999, sets out protection for grounds of discrimination which go beyond those provided for in the Convention, namely: pregnancy, civil status, social or physical condition, membership or not of trade unions, and family relations with other workers in the enterprise. It establishes penal sanctions for those who commit serious discrimination at work and do not correct the situation in accordance with administrative requirements or sanctions. The Committee requests the Government to provide information on the application in practice of this provision and on whether any penalties have been imposed in practice.

2. Article 2. The Committee notes with interest the annual reports on the action taken to comply with the National Policy on Women for 1997, 1998 and 1999 produced by the Salvadorian Institute for the Development of Women (ISDEMU). The Committee appreciates the institutional efforts made to implement affirmative action measures for women and the progress achieved, fundamentally in 1998. It notes the shortcomings reported, including the limited resources and the failure to unify knowledge on gender issues, as well as the recommendations made by the ISDEMU to adapt established measures to the strategic objectives. The Committee also notes the ISDEMU’s new plan for the period 2000-04. The Committee requests the Government to indicate the State’s budgetary allocation for the implementation of the National Plan for Women for the period 2000-04, and in particular for section No. 4 (Women and Work), and requests it to continue providing information on the action taken in practice to give effect to the Plan in relation to the harmonization of the legal framework with ratified international Conventions and the promotion of the access and retention of women in vocational training programmes to facilitate their integration into the labour market in a context of equality of opportunity.

3. The Committee notes the information provided by the Government concerning equality of opportunities for women and requests the Government to indicate the extent to which the policies and actions that are being taken also cover women in minority groups. The Committee notes that the Government has not provided information on the measures that it has taken in practice or envisages to guarantee equality of opportunity and treatment in access to employment and vocational training, and in the conditions of work of indigenous and tribal peoples, both in the public and private sectors. The Committee reiterates its request and urges the Government to provide such information disaggregated by sex.

4. The Committee also requests the Government to provide detailed information on the situation and working conditions of women employed in export processing zones, including statistics and summaries of the reports of the labour inspection services, so that it can assess the manner in which the Convention is applied.

5. Article 3. The Committee notes the Government’s statement that neither the General Directorate of Labour Inspection nor the General Labour Directorate have on their files claims by workers or cases of mediation concerning the application of the principles set out in the Convention. The Committee recalls that failure to make use of recourse procedures under the terms of anti-discrimination legislation may be a result of lack of knowledge of rights or of a misunderstanding by workers or labour inspectors of the legal provisions prohibiting discrimination. The Committee requests the Government to provide information on the measures which have been taken or are envisaged to undertake appropriate information activities on the established rights relating to the principle of equality of opportunity and treatment in employment and occupation and to ensure that relevant claims are made and effectively resolved, particularly in the case of women domestic workers and agricultural workers.

6. The Committee notes the organization of tripartite seminars on matters relating to equality and hopes that these activities will continue to be promoted. It requests the Government to provide information on the manner in which employers’ and workers’ organizations have participated and continue to participate in the preparation and monitoring of the National Policy on Women and the other policies referred to in Article 2 of the Convention.

7. The Committee requests the Government to provide copies of the Act respecting vocational training, Legislative Decree No. 554 of 2 June 1993, as amended by Legislative Decree No. 455 of 21 September 1995, and on their implementation in practice up to the present, so that it can make an appropriate assessment.