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

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

Application of the Convention in practice. The Committee notes that the Government has not provided information on court decisions applying the penalties envisaged in section 246 of Legislative Decree No. 1030 penalizing discrimination at work, although it indicates that the national legislation does not make a distinction between cases of discrimination on the basis of their seriousness and that all complaints of discrimination are examined with the same care. The Committee notes that the Special Unit for Gender Issues and the Prevention of Discrimination in Employment identified 31 cases of discrimination in 2008, in respect of which five enterprises received fines and 26 cases were closed because the reported violations had been remedied. During the first six months of 2009, a total of 38 cases of discrimination were identified, with fines being imposed in five of them and 33 cases being closed as the reported violation had been remedied. The Committee requests the Government to provide information on court decisions applying the penalties envisaged in section 246 of Legislative Decree No. 1030 and on the cases of discrimination at work identified by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment.

Equality of opportunity and treatment between men and women. According to the Government, in 2008 the school attendance rate for men was 35.5 per cent, and 30.8 per cent for women. In urban areas, the school attendance rate of men was 36.7 per cent and for women it was 30.9 per cent; in rural areas, 33.4 per cent of men and 30.7 per cent of women attend an educational establishment. At the national level, the average duration of schooling by sex is 6.0 years for men and 5.8 years for women. The illiteracy rate of women continues to be as high as 18.6 per cent. While noting this information, the Committee requests the Government to provide statistical data on the participation of men and women in vocational training, with an indication of the levels of their participation in the various sectors and occupations.

Women in rural areas. The Committee notes the Government’s indication that the Ministry of Agriculture and Stockraising has undertaken a series of measures and strategic actions which have resulted in a reduction of poverty levels through the economic empowerment and increased independence of rural women. The creation of new organizations has been promoted for the production and commercialization of agricultural products, based on a system of quotas under which at least 30 per cent of participation has to be by women. Technical assistance and training have been provided in production, commercialization and new technologies, and various projects have also been implemented in rural areas to promote and strengthen the participation of women in agricultural and fishing sector organizations. The Committee requests the Government to continue providing information on the measures adopted to promote the inclusion of women in the labour market in rural areas, and on their impact.

Sexual harassment. The Committee notes the Government’s indication that in 2008 the Special Unit for Gender Issues and the Prevention of Discrimination in Employment identified five cases of sexual harassment, one of which resulted in the application of a fine. The four remaining cases were closed for lack of proof of sexual harassment. During the period between January and June 2009, the Special Unit investigated four cases of sexual harassment, which were closed due to lack of evidence of sexual harassment. The Committee once again invites the Government to consider the adoption of specific measures guaranteeing protection against sexual harassment at the workplace, taking into account its general observation of 2002 on this subject. The Committee requests the Government to provide information on any progress in this respect.

Preventive measures and the dissemination of information on labour rights. The Committee notes the Government’s indication that the Special Unit for Gender Issues and the Prevention of Discrimination in Employment disseminates information on legislation setting out labour rights through preventive activities, such as planned inspections and interventions in public awareness-raising arena. An instructive guide has been prepared containing examples of affirmative action on gender equality and equity in employment placement. The Government provides information on the programmes and for a disseminating labour legislation, raising the awareness of employers and workers and preventing discriminatory acts in employment. The Committee notes that the Agricultural Inspection Department provided 43 training courses during the period 2008–09 for the dissemination of information on legislation on labour rights. The distribution of information materials on the Labour Act also continued through self-evaluation guides on labour standards, as well as documents on “Knowing your work-related rights and duties”. The Committee requests the Government to continue providing information on the preventive and promotional activities undertaken to promote a culture of compliance and to guarantee non‑discrimination in employment and occupation.

Part III of the report form. Strengthening the capacities of the labour inspectorate. With reference to measures to reinforce the technical and operational capacities of inspectors, the Committee notes that in July 2009 the Training Centre for Labour Rights and Duties was inaugurated on the premises of the Ministry of Labour and Social Welfare for workers, employers and persons employed in the Ministry of Labour. The Centre will provide training free of charge to workers, employers and persons employed in the Ministry of Labour on subjects related to industrial relations, including discrimination in employment and occupation. Inspectors also received training through workshops on preventing and dealing with sexual harassment, gender issues, reducing the stigmatization and discrimination of vulnerable groups, and the training of gender trainers. The Committee requests the Government to continue providing information on the training received by labour inspectors in the field of discrimination in employment, including sexual harassment, at the workplace.