Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention. Maquila sector (export processing zones). In its previous comments, the Committee asked the Government to supply detailed information on any cases involving infringements of section 627 of the Labour Code in export processing zones which were detected by the labour inspectorate. This section establishes penalties for pregnancy testing and the dismissal of pregnant or disabled women. The Committee notes that in 2005 the Special Unit for Gender Issues and the Prevention of Discrimination in Employment reported nine cases of dismissal of pregnant women, in six of which the women were reinstated. In 2006, five cases of dismissal of pregnant women were detected, in two of which the women were reinstated; in 2007 two cases were reported, in one of which the woman was reinstated. The Committee requests the Government to indicate whether these cases specifically concern the maquila sector and to continue supplying information on cases involving infringements of section 627 of the Labour Code in the export processing zones.

The Committee also notes from the report submitted by the Government to the Committee on the Elimination of Discrimination against Women (CEDAW) that a seminar and workshop entitled “Ongoing improvements to the conditions of work in the maquila sector” were held for the purpose of providing labour inspectors with training on inspection techniques with regard to cases of discrimination and harassment in the workplace, and on legislation regarding the labour rights of women workers applicable in the maquila sector (CEDAW/C/SLV/7, 19 April 2007, page 58). The Committee requests the Government to continue supplying information on inspections undertaken by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment and the results thereof, particularly in the export processing zones. The Committee also requests the Government to supply detailed information on other measures adopted or contemplated for strengthening the protection of women workers and preventing discrimination in the maquila sector, including information on the implementation and results of the “Programme for the comprehensive development of women workers in the maquila sector” mentioned by the Government in its report.

Articles 2 and 3(d). Public sector. The Committee notes that women occupy only 19.7 per cent of managerial posts, according to the summary regarding the incorporation of men and women in managerial posts within the public administration supplied by the Government. The Committee also notes that the Government does not have a national policy on equality of opportunity and treatment specifically directed at the public sector, the only basis used being the general national policy on equality of opportunity and treatment. The Committee recalls that, under Article 3(d) of the Convention, the Government has the obligation to pursue such a policy in respect of employment under its direct control. The Committee therefore requests the Government to take appropriate measures to promote and apply the principle of equality of opportunity and treatment in respect of employment and occupation for women and men working in the public sector, particularly measures for promoting access to managerial posts for women, and to provide information on any developments in this regard.

Indigenous workers. The Committee notes the various programmes undertaken by the Government for agricultural workers which, according to the Government, have also benefited indigenous peoples, such as the project for the “Promotion of family micro-enterprises in rural areas of the north-east of El Salvador”, the “Presidential programme for the distribution of fertilizers” and the distribution of improved seed for white maize, sorghum, beans and grass. However, the Committee refers to its comments under the Indigenous and Tribal Populations Convention, 1957 (No. 107), and to similar comments made by the Committee on the Elimination of Racial Discrimination (CERD) (CERD/C/SLV/CO/13, 4 April 2006, paragraph 11), to the effect that the difficult situation concerning land ownership is continuing to have a negative impact on the possibility for indigenous peoples to perform their traditional occupations. Consequently, so that the indigenous peoples can benefit in practice from the abovementioned initiatives, it appears essential that measures are adopted to resolve the problem of land ownership. In this respect, the Committee notes the programmes conducted by the Salvadorian Institute of Agrarian Reform (ISTA) concerning the transfer of land to which indigenous communities, according to the Government, had access on the same terms as the rest of the groups concerned. The Committee requests the Government to supply detailed information on the manner in which the indigenous communities involved have participated in the land transfer programmes conducted by the ISTA. The Committee also requests the Government to supply information on any measure adopted or contemplated, with a view to making progress towards effective equality for indigenous peoples in the area of employment and occupation.

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