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

Individual Case (CAS) - Discussion: 2004, Publication: 92nd ILC session (2004)

A Government representative stated that the Committee of Experts had noted in the direct request which was mentioned at the end of the observation in relation to Article 2 of the Convention, that "the Salvadoran Institute for the Development of Women (ISDEMU) has earmarked approximately 7 million dollars for the implementation of the Plan of Action for 2000-04, and that the ministries and institutions involved in the abovementioned Plan make their own financial contributions". The Committee of Experts had also taken note "of the actions carried out by the Skills for Work Programme (HABIL) which include training for women in areas traditionally reserved for men". Moreover, the Committee of Experts had taken note of tripartite seminars under the auspices of the ISDEMU to raise awareness about the safeguarding and observance of rights at work. The Government representative added that, just as required by Article 2 of the Convention, the Government had set out to promote a national policy of equality of opportunity and treatment in the area of employment and occupation, by methods appropriate to national conditions and practice, with the objective to eliminate all forms of discrimination. The speaker also referred to the direct request on Convention No. 156 in which the Committee of Experts had taken note of a communication by the Inter-Union Committee of El Salvador without finding it appropriate to make an observation. In any case, the Government had a well-established practice of regularly sending very detailed information so as to allow for dialogue with the supervisory bodies. However, in the observation on Convention No. 111, the Committee of Experts had reproduced in their entirety the comments of an international trade union confederation which had been prepared with the twofold objective to present them to the World Trade Organization (WTO) and to the ILO. At the WTO, the communication by the trade union organization should have been considered in the framework of the examination of commercial policies. The Government had made known to the ILO that the comments were very general and addressed very complex questions. The speaker recalled that the Committee of Experts had requested the trade union organizations to make efforts to collect and present precise elements of law and fact on the practical application of ratified Conventions. It was added in paragraph 78 of the report of the Committee of Experts that "it is important for organizations to give adequate details".

The speaker indicated that paragraph 2 of the observation did not mention any provision of the Convention, a fact for which the Government had formally expressed its reservations as to the manner in which the Committee of Experts appeared ready to consider, in the framework of Convention No. 111, certain very specific issues covered by international labour Conventions which had not been ratified by El Salvador, like specific matters relative to maternity protection and dismissal. She stated that adequate provisions existed in the legislation of El Salvador on maternity protection and protection against dismissal and that they were well known to the Committee of Experts. In relation to the access of Salvadoran women to Government agencies and management positions, the speaker gave as examples the new Vice-President of the Republic and various ministers (Education, Economics, Public Administration and Executive President of the Central Bank). Regarding the questions concerning the EPZs and the maquila industry she recalled that her country had drawn assistance from an ILO decent work programme from which maquila workers benefited on a priority basis. El Salvador was considered in the reports published by the ILO as one of the seven countries which had registered in 2001 progress in the area of decent work, according to data published in the ILO review Panorama Laboral, 2001. The Director-General had also mentioned the progress observed in El Salvador in his report to the XV Regional Conference (Lima, December 2002). She stated that, on 11 February 2004, through Legislative Decree No. 275-2004, the Legislative Assembly had ratified an amendment to section 30 of the Labour Code and had introduced a new paragraph 13. The new provision expressly prohibited employers from demanding women seeking employment to take a pregnancy test as a prerequisite for recruitment. The legislative amendment had already been notified to the Office. She was pleased to note the close and permanent collaboration with the ILO Subregional Office in San José (Costa Rica), the Director of which made many efforts in regular visits to the country to strengthen social dialogue and promote fundamental workers' rights.

The Worker members recognized that progress had been made in El Salvador over the past decades since 1972, the Labour Code guaranteed equality of opportunity and treatment between men and women; since 1992, the new Constitution provided for the right to paid maternity leave before and after confinement and subsequently for the right of women to maintain their jobs. However, it was in the EPZs that new and specific problems were occurring. Working conditions were difficult, productivity levels very high, overtime was common and sometimes not remunerated, and working and hygiene conditions were especially hard. Maquiladoras mainly employed young women, who, subjected to these conditions, implicitly compromised their right to reproduction.. The length of the working day made it difficult for these women to combine family and professional responsibilities. But absenteeism exposed these women to tough disciplinary measures. In such a context, the genuine application of the Convention was a real challenge. The Worker members encouraged the Government to formulate a voluntary policy and it was on this point that they awaited the details requested by the Committee of Experts. The new information presented by the Government did not really constitute detailed and specific information on the manner in which anti-discriminatory provisions were applied in practice. The Worker members noted the adoption in February 2004 of a provision prohibiting mandatory pregnancy tests, a measure which implicitly confirmed that the problem existed. According to a Ministry of Labour report, unfortunately withdrawn from circulation, of the more than 100 factories concerned, the authorities noted that no objective analysis of working conditions had been carried out compared with the physical abilities of the female workers and that the situation remained unclear as far as overtime, breach of individual work contracts, social security coverage and treatment of absenteeism were concerned. The report noted certain shortcomings in the work of the public authorities themselves. As far as the Worker members were concerned, the discrimination against female workers could actually become worse through permanent blackmailing in employment. The Government had to ensure that all means at its disposal in the legislation were made available to these workers. To this end, it could not implement a policy that gave full application to Convention No. 111 without full dialogue with its partners.

The Employer members noted that this case related to allegations by the ICFTU concerning discrimination on the grounds of sex and race in practice. They agreed with the Government representative that the allegations were of a very general nature. This was regrettable since what was alleged was discrimination in practice. For instance, the statement that mainly men occupied management positions was valid for any country in the world. The Committee of Experts therefore simply reproduced the allegations and posed questions to the Government. With regard to the legislation prohibiting pregnancy testing mentioned by the Government representative, the Employer members did not share the Worker members' view that the existence of such legislation in itself was an indicator that such a practice existed. Otherwise one could draw such counter-conclusions from any kind of legislation. The Employer members associated themselves with the Committee of Experts and requested that the Government supply the relevant information in a comprehensive report.

The Employer member of El Salvador expressed surprise and uneasiness at the inclusion of El Salvador in the list of cases to be examined by the Conference Committee. With regard to discrimination against women in education, legal succession and employment, he considered that the allegations presented were unfounded and that they were nothing more than a form of opposition to the recent conclusion of a free trade agreement between the countries of Central America and the United States (CAFTA). With regard to education and employment in particular, he indicated that 70 per cent of employees in the judiciary were women, that the Vice-President of the Republic was a woman and that the latter, together with the President of the Republic, were profoundly involved in the defence of women's rights. He also objected to the reference of the Worker members to a non-official document. With regard to legal succession, he underlined that discrimination could not exist since this was a right of the person regulated by the Constitution and civil legislation which ensured equality of rights between men and women in this respect. With regard to the requirement that women take pregnancy tests to be recruited in maquilas, he reported that, on 17 March 2004, section 30 of the Labour Code had been modified by legislative decree which expressly prohibited such tests. The violation of this provision gave rise to economic penalties. Moreover, with regard to sexual harassment, penal provisions punished this crime with prison sentences ranging from six months to two years. The speaker stressed the importance of avoiding generalizations and considered that the Government did the necessary to comply with the observations of the Committee of Experts and that the presumed violations of Convention No. 111 were non-existent.

Another Employer member of El Salvador expressed his surprise at the fact that three of the five Central American countries which had recently concluded a trade agreement had been invited to appear before the Conference Committee. He stressed that this Conference discussion would be taken note of once again at the time of the ratification of the said agreement. As to discrimination, he emphasized that there had been progress in his country and that the ILO in its report "Time for equality at work", discussed in 2003 in the context of the follow-up to the Declaration, had described a technical cooperation project from which El Salvador benefited using the programme "Women's workers' rights: Modular training package", and concluded that the project had contributed to the institutionalization of gender equality and had increased the possibility of efforts being made at the national level to promote gender equality. The speaker observed that the comments of the Experts appeared to endorse the observations which had been received with regard to the application of the Convention, although these were very general and were not thoroughly supported with evidence. In this respect, with regard to the cases of alleged discrimination of women in the field of legal succession noted by the Experts, he indicated that article 3 of the Constitution and section 1007 of the Civil Code, ensured equality for women. Moreover, with regard to the comments relative to the preference shown by certain government agencies to male candidates for employment, he objected that these agencies had not been identified and, with regard to the "appalling" conditions of work which women should be subjected to in maquilas, he once again regretted that these allegations were not substantiated and he indicated that salaries in this export sector were higher and an important number of employers applied voluntary codes of conduct. He stated, with regard to pregnancy tests, that on 17 March 2004 the reform of the Labour Code had come into force and expressly prohibited such practices. The speaker indicated that independently of the said reform, such practices were inappropriate. He concluded by suggesting that the Worker members should consult with the employers of the countries which they intended to include on the list before the beginning of the Committee's work. He added that more rigour and equity were needed on the part of the Committee of Experts and that the latter should ask trade unions to comply with the obligation, as did governments, to present specific and detailed observations. This would facilitate the preparation of governments' replies which according to the Committee of Experts should be prompt and complete. Trade union organizations should be obliged, like governments, to present better information when they submitted comments.

The Government member of the Dominican Republic insisted that the efforts carried out by the Government of El Salvador to find appropriate solutions for Salvadoran workers with regard to discrimination be taken into account. He expressed his support for the Government's statement and considered that action taken by the new authorities and the new legal provisions would lead to the strengthening of social dialogue.

The Government member of Panama associated herself with the Government of El Salvador with regard to the significant progress made on application of Convention No. 111, as well as regarding the imbalanced selection of the cases to be included in the list for examination by the Conference Committee. She believed that the number of cases from the Central American region constituted a clear indication of the deficiencies of the working methods of the Committee, which should take corrective action to achieve more balance when selecting cases.

The Government member of Costa Rica recalled that El Salvador had only recently emerged from a civil war and that in spite of it the country was standing upright thanks to its enormous efforts. He emphasized that "Labour Panorama"', published by ILO in 2003, ranked El Salvador as one of the four countries in Latin America which had made the most progress in the social field. He commended the efforts of the Government of El Salvador at the meeting of the Council of Ministers of Central America to gain economic support from other countries and in the search for new ideas. He expressed his satisfaction at the increase in the number of women's cooperatives in El Salvador and praised the Government for its investigations into discrimination that were handled without hiding the truth and were an example of good faith. He concluded by asking the ILO to support the Government in its work on women.

The Government member of Mexico profoundly regretted the fact that, in spite of all the measures taken and the efforts made by the Government of El Salvador to rectify the situation of discrimination on grounds of gender or race, these were not reflected in the Committee of Experts' comments. The fact that the allegations of ICFTU had been reproduced in their entirety gave a distorted view of the situation in the country. She also expressed surprise at the failure to include information on women in factories sent by the Government in the reports on Conventions Nos. 111, 122 and 156. Finally, she considered that the questions regarding the EPZs and maquilas should be analysed in the framework of technical cooperation.

The Government member of Honduras expressed her support for El Salvador's statement which provided evidence of the progress made in the labour administration as concerned discrimination on grounds of gender or race. She commended the programmes that the Government had implemented with a focus on formulating strategies which would develop women's capacity at work as well as its campaigns to raise awareness at the workplace.

The Government member of Nicaragua emphasized that the fundamental rights of women in El Salvador were part of a legal framework in a country where all were considered equal. She hoped that the true situation of women in EPZs would be taken into account. Indeed, if the Committee of Experts had done so, the country would not have appeared on the list. She concluded by hoping that such situations would not be repeated in the future and encouraged the Office to make headway in the process of improving the methods of work of the Committee.

The Government representative drew attention to the fact that the Labour Ministry had taken concrete measures to introduce gender perspectives in labour policies and to counteract the inequities created by gender discrimination. The Salvadoran Institute for the Development of Women (ISDEMU) had carried out very concrete activities. The gender perspective had been incorporated in the official system of statistics of the General Directorate of Statistics and Censuses. The Government had undertaken to keep the Committee of Experts informed in this respect in the next reports. The speaker recalled that the objective of the Convention was to declare and pursue a national policy designed to promote the elimination of all forms of discrimination. In her opinion, the application of a fundamental Convention should not be focused on one specific area given that, as a result of such an approach, the national policy could lose its comprehensive outlook. She drew attention to the fact that the authorities and the social partners of El Salvador were committed to eliminate all forms of discrimination against women workers in the labour market. She suggested that discussing individual cases was not the most appropriate manner to find solutions in relation to the EPZs. It should be recognized that the short-term capital which had flown out of El Salvador could easily be transferred to other platforms. Dismantling the maquilas in El Salvador would create more poverty without improving the situation of women in the country. This could also cause an increased migration from El Salvador to labour markets and societies in which the Salvadoran women would certainly be even more unfortunate victims of the practices denounced by the ICFTU.

The speaker agreed that the ILO should have the leading role in dealing with female employment and conditions of work, in particular the situation of female workers in the maquila industry. The ILO could continue to make studies and investigations on the EPZs. The intervention of the ILO facilitated tripartite dialogue and the search for practical solutions. The speaker emphasized that, in the context of the examination of the questions raised in the observation on the Convention, account should be taken of the positive comments made in the Committee of Experts' direct requests on the application of this Convention and Convention No. 156. The Committee of Experts should also collect other information at its disposal as reflected in certain paragraphs of this year's General Survey (paragraph 89 referred to the new alliance programme for searching better employment opportunities; paragraph 112 referred to the efforts made in relation to the access to vocational training - so did the observation on Convention No. 142; paragraph 122 referred to concrete measures in favour of women workers and took note of "efforts to raise awareness of the protection of the rights of women workers among employers, workers as well as the personnel of public institutions and the administration of justice"). The speaker also noted that, in relation to sexual harassment, section 246 of the Penal Code had provided for prison sentences of six months to two years for whoever committed serious discrimination at work on the basis of sex, pregnancy, origin, civil status, race, social or physical condition, religious or political ideas, membership or non-membership of trade unions, among other discrimination motives. Section 165 of the Penal Code completed the above by providing for a sentence ranging from six months to one year in cases of sexual harassment, aggravated in cases where the sexual harassment was carried out by taking advantage of a superior hierarchical position in the context of any relationship, such as employment relationship.

The speaker stated that, although no mention of any of the above elements had been made in the observation on the Convention, the information provided above was known sufficiently well to be examined in the framework of the negotiation of a trade agreement between Canada, the United States and the Central American countries. The ILO had carried out an objective and up-to-date study on labour legislation concerning the fundamental principles and rights at work in force in the five countries which participated in the negotiation process of CAFTA. This study had been published by the ILO's Social Dialogue Sector and had facilitated the conclusion of the trade negotiations of CAFTA. She maintained that all this information would be included in the regular report that the Government of El Salvador and the social partners would send to the Committee of Experts in 2005 so as to allow an assessment of the way in which the Convention was being implemented, including, as appropriate, indications on the measures implemented in application of the provisions of the Penal Code mentioned above. She invited the Office to continue its programmes to promote decent work and eradicate child labour. It was the willingness of the Vice-President of the Republic to ensure equality in the access of women to government agencies, in particular, to management positions. Her Government was willing to receive more assistance from the ILO for the small and medium enterprises so as to reduce unemployment and the informal economy and ensure decent work conditions for women in cities and rural areas.

The Worker members stated that, contrary to several statements, there was no agreement among worker organizations to prevent the ratification and application of the recent CAFTA agreement. They nevertheless noted an interesting point in this regard, i.e. once international trade agreements of this kind laid down that respect for fundamental labour standards would have to be controlled, the quality of working conditions would become an issue in maintaining the presence of enterprises on a country's soil. This trend, if it was confirmed, would be in line with what was evoked by the World Commission in its report on the Social Dimension of Globalization. In view of the united front of opinion expressed by Central American countries in the discussion on El Salvador, the Worker members emphasized that the substance of the discussion did not concern the most obvious evidence of women's progress in society, but the clearly non-specific information presented by the Government regarding EPZs. While an Employer member had mentioned certain codes of conduct that EPZs claimed to apply, the Government itself had nothing to say on its policy to combat discrimination in EPZs, and supplied no statistics. This was why the Worker members were obliged to request, like the Committee of Experts, that the Government give account of its policies concerning the situation of women in the maquila industry.

The Employer members observed that the discussion had shown that the selection of the case was not appropriate. The Government should only be requested to respond to the matters raised in the Committee of Experts' observation in a written report.

The Committee took note of the information provided by the Government representative and the discussion that followed. It observed that the debate had been based on the comments of the ICFTU concerning the persistence in practice of discrimination on the basis of sex and ethnic origin despite the prohibition of discrimination in law. The Committee took note of the information presented by the Government representative and was pleased to note the recent adoption of legislation prohibiting pregnancy testing. The Committee noted that the comments of the ICFTU were of a general character. It also appreciated the information on a decent work programme conducted by the Office in collaboration with the tripartite representatives. However, the Worker members had reiterated their allegations on the difficult working conditions of women in the maquila. The Committee requested the Government to present in writing, for examination by the Committee of Experts, detailed information on the application in practice of this Convention and, in particular, on the situation of women in the maquila sector and on the conditions of work of indigenous workers.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(1)(a) of the Convention. Practical application of the Convention in the maquila (export processing zones). The Committee observes that the Government implemented the Plan for the Verification of the Rights of Women in the Maquila Industry in 2015. The Committee requests the Government to provide information on: (i) the strategy adopted; (ii) the results achieved or envisaged with a view to strengthening the protection of workers and preventing discrimination in the maquila.

Articles 2 and 3. National equality policy. Equality of opportunity and treatment for men and women in respect of employment and occupation. In its report, the Government presents the evaluation of the National Equality Plan 2016–20, which indicates that women have had access to various initiatives and forms of support for entrepreneurship and that, among other data, 86.4 per cent of the portfolio of credits granted are for women’s microenterprises and 60 per cent of the new enterprises promoted are led by women. The Government also indicates that, according to the evaluation: (i) the existing gap between men and women landowners in the agricultural and stock-raising sector remains around 75 per cent; and (2) between 2014 and 2019, the labour market participation of women continued to be significantly lower than that of men, with an average gap of around 33 per cent, while the gaps in income and wages between men and women not only persist, but are tending to increase. The Committee observes that: (1) the Strategic Institutional Plan 2020-24 of the Ministry of Labour and Social Welfare includes in its objectives the protection of the labour rights of women and the promotion of non-discrimination; and (2) the National Equality Plan 2021–25 is undergoing the approval process. With reference to the recognition of domestic and care work, the Government indicates that: (1) in 2016, the first exercise of establishing the value of unpaid work was carried out based on data from the Time Use Survey of 2010; and (2) in 2017, data was gathered for the Time Use Survey. The Committee notes the various initiatives to increase the labour market participation of women. In this context, the Committee requests the Government to continue providing information on: (i) the measures adopted to identify and address the underlying causes and factors that are at the origins of the persistent gender gaps in the country; and (ii) the results achieved by the strategies that have been announced for the recognition of domestic work and unpaid care work.

Indigenous peoples. The Committee observes that the action to which the Government is committed in the National Plan of Action for Indigenous Peoples 2018-23 includes the establishment of a mechanism so that indigenous peoples have access to decent jobs under conditions of equality with society in general. The Committee notes that the Government has informed the Committee on the Elimination of Racial Discrimination (CERD) that other public policies for indigenous peoples have been implemented: (1) the National Decent Work Policy (PONED) for the period 2017–30; and (2) the Rural Territorial Competitiveness Programme – Amenecer Rural MAG-FIDA, which includes the objectives of generating employment for the indigenous population (CERD/C/SLV/18-19, of 13 June 2018, paragraph 87). The Committee requests the Government to continue providing information on the measures adopted to promote the access of members of indigenous peoples to employment and occupation, particularly within the framework of the National Plan of Action for Indigenous Peoples 2018–23, the National Decent Work Policy and the Rural Territorial Competitiveness Programme.

Article 3(e). Access to vocational training under equal conditions. The Committee notes the information provided by the Government in its report on the various measures undertaken by the El Salvador Vocational Training Institute (INSAFORP), such as the development and implementation of an institutional policy and its respective implementation plan for a cross-cutting gender focus in vocational training, a toolkit for a cross-cutting gender focus in vocational training centres and the promotion of inclusive images and language. The Committee notes the statistical data provided by the Government disaggregated by sex on participation in programmes and courses between 2015 and 2020, and observes in particular that there was an increase in training from 73,296 women in 2015 to 92,114 in 2019. The Committee requests the Government to continue providing updated statistical data, disaggregated by sex and occupational sector, on the access to vocational training of women in economic activities where they are usually less well represented, such as science, technology, engineering and mathematics.

Enforcement. The Government indicates in its report that between 2018 and 2021: (1) 164 cases were recorded of the offence of labour discrimination and 13 sentences should be emphasized in relation to the application of the Convention; (2) 2,173 scheduled inspections were carried out into the labour rights of women and discrimination against women, including in relation to pregnancy; and (3) there were 172 complaints of labour harassment and one of sexual harassment, resulting in one violation related to labour harassment and one fine for labour harassment. The Government also emphasizes that between 2018 and 2021 various types of training continued to be provided in the General Directorate of Labour Inspection on the subjects of gender, sexual diversity, the reconciliation of work and personal and family life, and on care for victims of gender violence, persons with HIV and the lesbian, gay, bisexual, transgender and intersex (LGTBI) population. The Committee notes the Government’s indication that, under Decision DM/DRIT No. 73/2023 of 10 March 2023, training has been provided to personnel of the Labour Directorate on penal procedures related to the offences under the Special Framework Act for a life free from violence, as well as procedural guarantees and specialized jurisdiction. The Committee requests the Government to: (i) continue providing information on new training courses; and (ii) provide information on cases of discrimination identified by the labour inspection services, disaggregated by the grounds of discrimination, together with the respective penalties and compensation granted.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations made by the Trade Union Confederation of Workers of El Salvador (CSTS), received on 13 July 2023, in which it indicates that it is necessary to amend the Civil Service Act and the Municipal Administrative Careers Act to explicitly prohibit sexual harassment and harassment at work of women and men workers in the public and municipal sectors, and to establish the respective penalties and provide training to the labour inspection services. The Committee requests the Government to provide its comments in this regard.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Pregnancy and maternity. In reply to the Committee’s previous comment, the Government indicates in its report that, following its reform in 2018, section 113 of the Labour Code protects women workers against termination of employment from the beginning of the pregnancy until six months following postnatal leave, including where there has been a justified reason for termination prior to or during the protected period. The Committee notes with satisfaction that in 2023 section 113-A was added to the Labour Code which guarantees the immediate reinstatement of a woman who has been dismissed while pregnant or during the postnatal period. The Committee also notes the information provided by the Government that, between 2018 and 2021, a total of 1,771 inspections were carried out to enforce the labour rights of women, of which 23 were based on discrimination against pregnant women. The Committee requests the Government to continue providing information on the number of complaints lodged during the period covered by the report alleging discrimination based on pregnancy and maternity, including complaints under sections 113 and 113-A of the Labour Code, and to indicate the sectors concerned – including the maquila sector, the violations observed, the penalties imposed and the remedies granted.

Sexual harassment. The Committee notes the Government’s indications that: (1) section 55 of the Regulations on workplace risk prevention management of 2012 envisages educational measures to promote a healthy work environment, including awareness-raising on the causes and effects of sexual harassment, and the establishment of an investigation and early warning mechanism for problems associated with psychosocial risks, and that 40,073 workers received training between 2018 and 2021; (2) the El Salvador Institute for the Development of Women has developed institutional guidance which includes the establishment in each institution of an institutional gender unit and a gender commission, the responsibilities of which include the development of protocols to combat violence at work, harassment at work and sexual harassment at the workplace; (3) the General Act on workplace risk prevention of 2014 envisages 49 violations for breaches of its provisions, and there are 133 administrative cases of violations; and (4) there has been a conviction for sexual harassment under section 165 of the Penal Code. The Committee also observes that section 29 of the Labour Code was amended by Decree No. 900/2018 to set out the requirement for employers to refrain from engaging in sexual harassment and harassment at work. The Committee notes this information with interest. The Committee finally notes that the CSTS indicates in its observations that sexual harassment and harassment at work should be explicitly prohibited in the public sector. The Committee requests the Government to take the necessary measures to: (i) define and prohibit in law sexual harassment in employment and occupation (both quid pro quo and hostile working environment harassment); and (ii) establish penalties for acts of sexual harassment that are sufficiently dissuasive, as well as adequate remedies. The Committee also requests the Government to continue providing information on the prevention and awareness-raising measures adopted and the number of complaints of sexual harassment received, the sanctions imposed and the remedies granted.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. National equality policy. Equality of opportunity and treatment for men and women in respect of employment and occupation. In its previous comments, the Committee requested the Government to continue its evaluation of the various gender equality policies and plans in force, particularly the National Equality and Equity plan for Salvadorian Women 2012–17, to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas. It also requested the Government to provide statistical data disaggregated by sex and occupational sector. The Committee notes the Government’s indication in its report that the Salvadorian Institute for Women’s Development produced an interim report on the National Equality Plan 2016–20. The Government indicates that the main measures taken and results achieved were, among others: (i) the adoption of job placement mechanisms by the Ministry of Labour and Social Security. The Government indicates that as a result of these, as at June 2017, some 8,884 people had obtained employment, 51.61 per cent of whom were women; that 49 job fairs had been held, four of which were exclusively for women; and that 5,576 women had been received at women’s rights service desks; (ii) the implementation of three ongoing plans, as a result of which 1,048 labour inspections related to women’s rights were conducted in 2016, and 368 in 2017; 39 labour inspections related to workplace harassment were conducted in 2016, and 26 in 2017; and 28 labour inspections related to the dismissal of pregnant women were conducted in 2016, and 60 in 2017; and (iii) the implementation in 2016 of four specific plans on the monitoring of wage gaps, the right to breastfeed, establishments for the manufacture and sale of fireworks and the payment of bonuses. The Government also indicates that, with the support of the Economic Commission for Latin America and the Caribbean, a document was prepared on the recognition of unpaid work, which will serve as the basis for a public policy currently being drafted on this subject. Regarding statistical data, the Government has indicated that: (i) in 2014, the average income for women was 91 per cent of that of men, and that by 2016 this gap had widened by 2 per cent; (ii) the gap between men and women is wider in higher ranking professions, and that in certain professions women’s participation is very low, particularly those traditionally considered to be “male”; (iii) the rate of women’s participation in the labour market was 95.3 per cent in 2014 and 94.7 per cent in 2016, while men’s participation was 91.4 per cent in 2014 and 91.9 per cent in 2016; (iv) regarding the participation of rural women in government programmes, the Ministry of Agriculture and Livestock indicates that, in 2015–16, women’s participation in the Agricultural Packages Programme rose from 40 to 47 per cent, and from 31 to 34 per cent in livestock-, forestry- and fishing-related training; and (v) the National Equality Plan 2016–20, which aims to establish efficient equality and non-discrimination measures, is being implemented.The Committee welcomes the measures adopted and requests the Government to continue with its evaluation of the various gender equality policies and plans, particularly the National Equality Plan 2016–20, to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas.

Indigenous peoples. In its previous comments, the Committee requested the Government to provide information on the specific measures adopted under the 2015 Public Policy for the Indigenous Peoples of El Salvador, including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market with equal conditions and opportunities. The Government indicates that it has developed the Cuna Náhuat early immersion language programme to develop the linguistic abilities of children from the indigenous community of Santo Domingo de Guzmán, Sonsonate, through a controlled process of early immersion in the Náhuat language. The Government indicates that 64 children received instruction in Náhuat between 2016 and 2017. It also indicates that an online Náhuat course was developed through an agreement with Don Bosco University involving input from language specialists from various universities in the country and Náhuat speakers from Santo Domingo de Guzmán. Instruction modules for teachers and student textbooks were also designed and drawn up to strengthen cultural identity and encourage the revitalization of the Náhuat language. The Government refers to the adoption of the Youth and Adult Continuing Education Policy (EPJA), which aims to create learning opportunities for young persons and women, particularly in rural areas and among indigenous peoples. The Government also adopted the “one people, one product” strategy for the promotion of economic and social development, employment, local productivity and identity-based resources. The Government indicates that the Five Year Development Plan 2014–19 includes among its objectives the promotion of the rights of indigenous peoples and of women. The Government announces that the Presidential Commissioner for the Defence of Human Rights is in the process of developing a public policy to harmonize actions in favour of indigenous peoples and their petitions. The Committee observes that the United Nations Committee for the Elimination of Racial Discrimination noted the measures for the revitalization of the Náhuat-Pipil language and expressed concern at the lack of similar measures for the Pisbi language of the Kakawira people and the Potón language of the Lenca people. The Committee also expressed its concern that measures promoting indigenous artisanship and the use of traditional indigenous knowledge were adopted without consulting with or obtaining the consent of indigenous peoples, and without safeguarding their rights in this area (CERD/C/SLV/CO/18-19, 29 August 2019, paragraph 24). The Committee notes that the United Nations Human Rights Committee, in its concluding observations, expressed its concern about the persistence of discrimination against indigenous people and other vulnerable groups, particularly in the areas of education, health, housing and employment (CCPR/C/SLV/CO/7, 9 May 2018, paragraph 9).Recognizing that indigenous minorities are in a better position to learn when instruction is in their native language, the Committee welcomes the measures adopted by the Government and requests it to provide information on the results of the Early Immersion Language Programme developed for the indigenous community of Santo Domingo de Guzmán, Sonsonate, and other measures developed for other indigenous peoples. The Committee also requests the Government to continue providing information on the specific measures adopted to benefit the indigenous peoples included under the Youth and Adult Continuing Education Policy (EPJA), including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market on the basis of equal conditions and opportunities.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(e). Access to vocational training under equal conditions. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted by the Salvadorian Vocational Training Institute (INSAFORP) to promote vocational training for women, and particularly on the affirmative action taken under the Institutional Gender Equality and Equity Plan 2013–16. The Committee notes the information provided by the Government in this regard, particularly that in 2016 a training programme on gender issues was provided to employees in the staff training system and to people who provide services, a study was conducted on the promotion of women’s training for non-traditional careers, and a campaign on gender stereotypes was launched with the support of the ILO and various government bodies.The Committee welcomes the measures taken and requests the Government to continue providing information on the measures adopted by INSAFORP, and particularly on the impact of these measures on the promotion of vocational training for women. The Committee requests the Government to provide statistical data, disaggregated by sex and occupational sector, on vocational training provided to men and women.

Enforcement. In its previous comments, the Committee requested the Government to: (i) indicate the outcome of the proceedings instituted under section 246 of the Penal Code, which provides that “any person who causes serious employment discrimination on the basis of sex, pregnancy, origin, civil status, race, physical or social condition, religious or political opinion, participation or non-participation in trade unions and their agreements, or kinship with other workers at the enterprise, and who does not, after administrative penalty or summons, re-establish equal conditions under the law and redress any financial damage that may have arisen from their actions, shall be liable to imprisonment of six months to two years and the penalties imposed”; (ii) provide statistical data on the cases of discrimination detected by the labour inspectorate, disaggregated by grounds of discrimination, and the follow-up given to them; and (iii) provide information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment and other forms of harassment. The Committee notes the Government’s indication that the Department of Labour Inspection has a system that receives complaints of various kinds of discrimination. Inspection staff then inspect the workplace, gather evidence and decide whether discrimination has occurred: for example, in 2016, a total of 55 complaints were registered, of which 46 were closed and nine resulted in fines. In 2017, a total of 72 complaints were registered, of which 67 were closed, four resulted in fines and one is being processed. In 2018, eight complaints were registered, of which five were closed and three are being processed. Regarding training measures, the Government indicates that in 2015–16, a total of 21 training days were held and 610 people attended, including inspection staff, workers and employers; the Technical Training Institute was established for employees of the Ministry of Labour and Social Security; and the Special Unit for the Prevention of Employment Discrimination presented talks on this subject at public events.The Committee requests the Government to indicate the outcome of the proceedings instituted under section 246 of the Penal Code and the penalties imposed; to continue providing statistical data on the cases of discrimination detected by the labour inspectorate, disaggregated by grounds of discrimination, and the follow-up given to them; and to continue providing information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment and other forms of harassment.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Pregnancy and maternity. In its previous comments, the Committee requested the Government to take the necessary steps to ensure that women workers enjoy effective protection against dismissal and any other acts of discrimination on the grounds of pregnancy or maternity in the public and private sectors, including in the maquila (export processing) sector, and to supply information on any developments in this respect. The Committee also requested the Government to continue providing information on the number of complaints filed, indicating the grounds for the complaints, sectors concerned, proceedings instituted, remedies granted and penalties imposed. The Committee notes the Government’s indication in its report that, in June 2018, the Labour and Social Welfare Committee of the Legislative Assembly approved an amendment to section 113 of the Labour Code granting a six-month employment guarantee after the worker returns from the four months of maternity leave, in the public, municipal or private sectors, and establishes fines of three to six months of the minimum wage for non-compliance. The Government also indicates that labour inspections are conducted with the objective of providing protection for women against violations of their rights: in 2015, some 117 inspections were conducted in the private sector, and 23 in the maquila sector; in 2016, some 131 inspections were conducted in the private sector, and 30 in the maquila sector; and, in 2017, a total of 141 inspections were conducted in the private sector and 21 in the maquila sector. The Government adds that, 20 pregnant women were reinstated in their posts in 2015; 22 in 2016; 25 in 2017; and one in 2018. The Committee welcomes the reported legislative initiative that would grant greater job security to women up to six months after the period of maternity leave.The Committee requests the Government to provide information on the announced reform of section 113 of the Labour Code. In addition, observing that the Government reported the reinstatement of several pregnant women, the Committee requests the Government to provide information on the scope of the protection in law of pregnant women and to continue providing information on the number of complaints alleging discrimination on pregnancy or on maternity, the sectors concerned, violations found, remedies granted and penalties imposed.

Sexual harassment. In its previous comments, the Committee requested the Government to take the necessary measures without delay to include in the Act on the prevention of work-related risks of 2010 provisions that: (i) define and prohibit both quid pro quo and hostile work environment sexual harassment; (ii) provide access to remedies for all men and women workers, men and women to report such harassment; and (iii) provide for sufficiently dissuasive sanctions and adequate compensation. In this respect, the Committee notes the Government’s indication that section 7 of the Act of 2010 defines sexual harassment as a psychosocial risk, and section 29 of the Labour Code prohibits sexual harassment by employers. The Government reports that the labour inspectorate has a procedure to impose fines for acts of this nature, with the possibility of bringing charges against the offender, and a protocol on complaints of sexual and workplace harassment. The Government reports that, in 2015, one inspection was conducted into harassment; none in 2016; and five in 2017. Over the years, the Committee has consistently expressed the view that sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation (see 2012 General Survey on the fundamental Conventions, paragraph 789).While noting the information provided by the Government, the Committee once again requests the Government to take the necessary measures to include in the Act on the prevention of work-related risks of 2010 provisions that: (i) define and prohibit both quid pro quo and hostile work environment sexual harassment; (ii) provide access to remedies for all men and women workers; and (iii) provide for sufficiently dissuasive sanctions and adequate compensation. The Committee also requests the Government to continue sending information on: (i) any measures adopted to prevent sexual harassment and to raise awareness among workers and employers; and (ii) the number of complaints concerning sexual harassment in employment and occupation received, the penalties imposed and compensation awarded.

Article 1(1)(b). Real or perceived HIV status. In its previous comments, the Committee noted that Decree No. 611 of 2005 reforming the Labour Code introduced a new section 30, which prohibits discrimination against workers on the basis of their HIV status and also prohibits compulsory HIV testing as a condition for acquiring or retaining employment. However, the Committee noted that the Public Service Act of 1961 provides that any person who suffers from an infectious/contagious disease may not enter the administrative career service. In this regard the Government indicates that, in December 2016, a Plan on monitoring the labour rights of people with HIV was launched with the slogan “Inspection with Inclusion”. The Government reports that two inspections were conducted in this context in 2016 and none in 2015 and 2017.The Committee notes this information and requests the Government to take the necessary steps to amend the Public Service Act of 1961 in order to provide adequate protection for all workers in the public sector against discrimination on the basis of real or perceived HIV status, with such protection including the prohibition of compulsory HIV testing as a condition for acquiring or retaining employment. The Committee requests the Government to report the measures adopted to implement the “Inspection with Inclusion” plan and the results achieved.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2 and 3 of the Convention. National equality policy. Equality of opportunity and treatment for men and women in respect of employment and occupation. In its previous comments, the Committee requested the Government to continue its evaluation of the various gender equality policies and plans in force, particularly the National Equality and Equity plan for Salvadorian Women 2012–17, to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas. It also requested the Government to provide statistical data disaggregated by sex and occupational sector. The Committee notes the Government’s indication in its report that the Salvadorian Institute for Women’s Development produced an interim report on the National Equality Plan 2016–20. The Government indicates that the main measures taken and results achieved were, among others: (i) the adoption of job placement mechanisms by the Ministry of Labour and Social Security. The Government indicates that as a result of these, as at June 2017, some 8,884 people had obtained employment, 51.61 per cent of whom were women; that 49 job fairs had been held, four of which were exclusively for women; and that 5,576 women had been received at women’s rights service desks; (ii) the implementation of three ongoing plans, as a result of which 1,048 labour inspections related to women’s rights were conducted in 2016, and 368 in 2017; 39 labour inspections related to workplace harassment were conducted in 2016, and 26 in 2017; and 28 labour inspections related to the dismissal of pregnant women were conducted in 2016, and 60 in 2017; and (iii) the implementation in 2016 of four specific plans on the monitoring of wage gaps, the right to breastfeed, establishments for the manufacture and sale of fireworks and the payment of bonuses. The Government also indicates that, with the support of the Economic Commission for Latin America and the Caribbean, a document was prepared on the recognition of unpaid work, which will serve as the basis for a public policy currently being drafted on this subject. Regarding statistical data, the Government has indicated that: (i) in 2014, the average income for women was 91 per cent of that of men, and that by 2016 this gap had widened by 2 per cent; (ii) the gap between men and women is wider in higher ranking professions, and that in certain professions women’s participation is very low, particularly those traditionally considered to be “male”; (iii) the rate of women’s participation in the labour market was 95.3 per cent in 2014 and 94.7 per cent in 2016, while men’s participation was 91.4 per cent in 2014 and 91.9 per cent in 2016; (iv) regarding the participation of rural women in government programmes, the Ministry of Agriculture and Livestock indicates that, in 2015–16, women’s participation in the Agricultural Packages Programme rose from 40 to 47 per cent, and from 31 to 34 per cent in livestock-, forestry- and fishing-related training; and (v) the National Equality Plan 2016–20, which aims to establish efficient equality and non-discrimination measures, is being implemented. The Committee welcomes the measures adopted and requests the Government to continue with its evaluation of the various gender equality policies and plans, particularly the National Equality Plan 2016–20, to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas.

Indigenous peoples. In its previous comments, the Committee requested the Government to provide information on the specific measures adopted under the 2015 Public Policy for the Indigenous Peoples of El Salvador, including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market with equal conditions and opportunities. The Government indicates that it has developed the Cuna Náhuat early immersion language programme to develop the linguistic abilities of children from the indigenous community of Santo Domingo de Guzmán, Sonsonate, through a controlled process of early immersion in the Náhuat language. The Government indicates that 64 children received instruction in Náhuat between 2016 and 2017. It also indicates that an online Náhuat course was developed through an agreement with Don Bosco University involving input from language specialists from various universities in the country and Náhuat speakers from Santo Domingo de Guzmán. Instruction modules for teachers and student textbooks were also designed and drawn up to strengthen cultural identity and encourage the revitalization of the Náhuat language. The Government refers to the adoption of the Youth and Adult Continuing Education Policy (EPJA), which aims to create learning opportunities for young persons and women, particularly in rural areas and among indigenous peoples. The Government also adopted the “one people, one product” strategy for the promotion of economic and social development, employment, local productivity and identity-based resources. The Government indicates that the Five Year Development Plan 2014–19 includes among its objectives the promotion of the rights of indigenous peoples and of women. The Government announces that the Presidential Commissioner for the Defence of Human Rights is in the process of developing a public policy to harmonize actions in favour of indigenous peoples and their petitions. The Committee observes that the United Nations Committee for the Elimination of Racial Discrimination noted the measures for the revitalization of the Náhuat-Pipil language and expressed concern at the lack of similar measures for the Pisbi language of the Kakawira people and the Potón language of the Lenca people. The Committee also expressed its concern that measures promoting indigenous artisanship and the use of traditional indigenous knowledge were adopted without consulting with or obtaining the consent of indigenous peoples, and without safeguarding their rights in this area (CERD/C/SLV/CO/18-19, 29 August 2019, paragraph 24). The Committee notes that the United Nations Human Rights Committee, in its concluding observations, expressed its concern about the persistence of discrimination against indigenous people and other vulnerable groups, particularly in the areas of education, health, housing and employment (CCPR/C/SLV/CO/7, 9 May 2018, paragraph 9). Recognizing that indigenous minorities are in a better position to learn when instruction is in their native language, the Committee welcomes the measures adopted by the Government and requests it to provide information on the results of the Early Immersion Language Programme developed for the indigenous community of Santo Domingo de Guzmán, Sonsonate, and other measures developed for other indigenous peoples. The Committee also requests the Government to continue providing information on the specific measures adopted to benefit the indigenous peoples included under the Youth and Adult Continuing Education Policy (EPJA), including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market on the basis of equal conditions and opportunities.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(e). Access to vocational training under equal conditions. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted by the Salvadorian Vocational Training Institute (INSAFORP) to promote vocational training for women, and particularly on the affirmative action taken under the Institutional Gender Equality and Equity Plan 2013–16. The Committee notes the information provided by the Government in this regard, particularly that in 2016 a training programme on gender issues was provided to employees in the staff training system and to people who provide services, a study was conducted on the promotion of women’s training for non-traditional careers, and a campaign on gender stereotypes was launched with the support of the ILO and various government bodies. The Committee welcomes the measures taken and requests the Government to continue providing information on the measures adopted by INSAFORP, and particularly on the impact of these measures on the promotion of vocational training for women. The Committee requests the Government to provide statistical data, disaggregated by sex and occupational sector, on vocational training provided to men and women.

Enforcement. In its previous comments, the Committee requested the Government to: (i) indicate the outcome of the proceedings instituted under section 246 of the Penal Code, which provides that “any person who causes serious employment discrimination on the basis of sex, pregnancy, origin, civil status, race, physical or social condition, religious or political opinion, participation or non-participation in trade unions and their agreements, or kinship with other workers at the enterprise, and who does not, after administrative penalty or summons, re-establish equal conditions under the law and redress any financial damage that may have arisen from their actions, shall be liable to imprisonment of six months to two years and the penalties imposed”; (ii) provide statistical data on the cases of discrimination detected by the labour inspectorate, disaggregated by grounds of discrimination, and the follow-up given to them; and (iii) provide information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment and other forms of harassment. The Committee notes the Government’s indication that the Department of Labour Inspection has a system that receives complaints of various kinds of discrimination. Inspection staff then inspect the workplace, gather evidence and decide whether discrimination has occurred: for example, in 2016, a total of 55 complaints were registered, of which 46 were closed and nine resulted in fines. In 2017, a total of 72 complaints were registered, of which 67 were closed, four resulted in fines and one is being processed. In 2018, eight complaints were registered, of which five were closed and three are being processed. Regarding training measures, the Government indicates that in 2015–16, a total of 21 training days were held and 610 people attended, including inspection staff, workers and employers; the Technical Training Institute was established for employees of the Ministry of Labour and Social Security; and the Special Unit for the Prevention of Employment Discrimination presented talks on this subject at public events. The Committee requests the Government to indicate the outcome of the proceedings instituted under section 246 of the Penal Code and the penalties imposed; to continue providing statistical data on the cases of discrimination detected by the labour inspectorate, disaggregated by grounds of discrimination, and the follow-up given to them; and to continue providing information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment and other forms of harassment.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Pregnancy and maternity. In its previous comments, the Committee requested the Government to take the necessary steps to ensure that women workers enjoy effective protection against dismissal and any other acts of discrimination on the grounds of pregnancy or maternity in the public and private sectors, including in the maquila (export processing) sector, and to supply information on any developments in this respect. The Committee also requested the Government to continue providing information on the number of complaints filed, indicating the grounds for the complaints, sectors concerned, proceedings instituted, remedies granted and penalties imposed. The Committee notes the Government’s indication in its report that, in June 2018, the Labour and Social Welfare Committee of the Legislative Assembly approved an amendment to section 113 of the Labour Code granting a six-month employment guarantee after the worker returns from the four months of maternity leave, in the public, municipal or private sectors, and establishes fines of three to six months of the minimum wage for non-compliance. The Government also indicates that labour inspections are conducted with the objective of providing protection for women against violations of their rights: in 2015, some 117 inspections were conducted in the private sector, and 23 in the maquila sector; in 2016, some 131 inspections were conducted in the private sector, and 30 in the maquila sector; and, in 2017, a total of 141 inspections were conducted in the private sector and 21 in the maquila sector. The Government adds that, 20 pregnant women were reinstated in their posts in 2015; 22 in 2016; 25 in 2017; and one in 2018. The Committee welcomes the reported legislative initiative that would grant greater job security to women up to six months after the period of maternity leave. The Committee requests the Government to provide information on the announced reform of section 113 of the Labour Code. In addition, observing that the Government reported the reinstatement of several pregnant women, the Committee requests the Government to provide information on the scope of the protection in law of pregnant women and to continue providing information on the number of complaints alleging discrimination on pregnancy or on maternity, the sectors concerned, violations found, remedies granted and penalties imposed.

Sexual harassment. In its previous comments, the Committee requested the Government to take the necessary measures without delay to include in the Act on the prevention of work-related risks of 2010 provisions that: (i) define and prohibit both quid pro quo and hostile work environment sexual harassment; (ii) provide access to remedies for all men and women workers, men and women to report such harassment; and (iii) provide for sufficiently dissuasive sanctions and adequate compensation. In this respect, the Committee notes the Government’s indication that section 7 of the Act of 2010 defines sexual harassment as a psychosocial risk, and section 29 of the Labour Code prohibits sexual harassment by employers. The Government reports that the labour inspectorate has a procedure to impose fines for acts of this nature, with the possibility of bringing charges against the offender, and a protocol on complaints of sexual and workplace harassment. The Government reports that, in 2015, one inspection was conducted into harassment; none in 2016; and five in 2017. Over the years, the Committee has consistently expressed the view that sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation (see 2012 General Survey on the fundamental Conventions, paragraph 789). While noting the information provided by the Government, the Committee once again requests the Government to take the necessary measures to include in the Act on the prevention of work-related risks of 2010 provisions that: (i) define and prohibit both quid pro quo and hostile work environment sexual harassment; (ii) provide access to remedies for all men and women workers; and (iii) provide for sufficiently dissuasive sanctions and adequate compensation. The Committee also requests the Government to continue sending information on: (i) any measures adopted to prevent sexual harassment and to raise awareness among workers and employers; and (ii) the number of complaints concerning sexual harassment in employment and occupation received, the penalties imposed and compensation awarded.

Article 1(1)(b). Real or perceived HIV status. In its previous comments, the Committee noted that Decree No. 611 of 2005 reforming the Labour Code introduced a new section 30, which prohibits discrimination against workers on the basis of their HIV status and also prohibits compulsory HIV testing as a condition for acquiring or retaining employment. However, the Committee noted that the Public Service Act of 1961 provides that any person who suffers from an infectious/contagious disease may not enter the administrative career service. In this regard the Government indicates that, in December 2016, a Plan on monitoring the labour rights of people with HIV was launched with the slogan “Inspection with Inclusion”. The Government reports that two inspections were conducted in this context in 2016 and none in 2015 and 2017. The Committee notes this information and requests the Government to take the necessary steps to amend the Public Service Act of 1961 in order to provide adequate protection for all workers in the public sector against discrimination on the basis of real or perceived HIV status, with such protection including the prohibition of compulsory HIV testing as a condition for acquiring or retaining employment. The Committee requests the Government to report the measures adopted to implement the “Inspection with Inclusion” plan and the results achieved.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. In its previous comments, the Committee requested the Government to provide information on the application and impact in practice of the Act concerning equality, equity and the elimination of discrimination against women (Decree No. 645 of 2011), the gender equality policy, the national policy for women 2015 and the “National equality plan”. The Committee notes the Government’s reference in its report to the setting up of the Technical Coordination Unit of the National System for Substantive Equality (SNIS), which is responsible for applying the legislation and implementing the monitoring and evaluation system, whose objective is to monitor the progress and implementation of the “National equality plan”. The Committee also notes the adoption of the “National equality and equity plan for Salvadorian women 2012–17”. It further notes that the information provided by the Government in the various documents attached to the report and also in the report on the Equal Remuneration Convention, 1951 (No. 100), although dating back to the 2009–13 period, reveals the persistence of marked occupational segregation between men and women. The Committee notes the “Evaluation of the national policy for women 2011–14”, according to which there was a substantial increase in the participation of women in non-traditional courses and measures had been taken to facilitate their access to employment and to financial resources. The Committee requests the Government, in the context of the SNIS and in conformity with Article 3(f) of the Convention, to continue its evaluation of the various gender equality policies and plans in force, particularly the “National equality and equity plan for Salvadorian women 2012–17”, in order to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas. The Committee requests the Government to provide statistical information disaggregated by sex and sector of occupation.

Article 2. Indigenous peoples. In its previous comments, the Committee requested the Government to provide information on the measures adopted in the context of the cooperation agreement between the Directorate for Indigenous Peoples, the Attorney-General’s Office, the National Registry of Natural Persons and the Corporation of Municipalities and their impact on indigenous people’s access to employment. The Committee notes the adoption in 2015 of the public policy for the indigenous peoples of El Salvador, drawn up with the participation of the indigenous peoples. This policy establishes strategies for economic development aimed at improving the quality of life of indigenous peoples, access to employment, the elimination of discrimination, business development and land access. The Committee requests the Government to provide information on the specific measures taken, in the context of the public policy for the indigenous peoples of El Salvador, including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market on the basis of equal conditions and opportunities.

Article 3(e). Access to vocational training under equal conditions. In its previous comments, the Committee requested the Government to take steps to ensure access to training for men and women without discrimination on the basis of sex and to encourage access for women to jobs traditionally occupied by men. The Committee notes the Government’s statement that the Salvadorian Vocational Training Institute (INSAFORP) adopted the “Institutional gender equality and equity plan 2013–16”, whose objectives include the elimination of social imbalances for women in the occupational sphere and the promotion of strategic affirmative action in favour of equal opportunities. Furthermore, an indicator was included relating to the percentage of women undergoing training in non traditional occupations, which makes it possible to determine progress regarding the participation of women in sectors where men predominate. The Committee requests the Government to continue providing information on the steps taken by INSAFORP to promote vocational training for women, particularly the affirmative action taken in the context of the “Institutional gender equality and equity plan 2013–16”. The Committee requests the Government to provide statistical information, disaggregated by sex and occupation, on vocational training provided to men and women.

Enforcement. In its previous comments, the Committee requested the Government to provide information on the application of section 246 of the Penal Code, which establishes criminal penalties for discrimination in the workplace. The Committee notes the Government’s indication that the Public Prosecutor’s Office reported that proceedings were launched in 59 cases of labour discrimination in 2013. The Committee also notes the inspections on discrimination which have been conducted by the Directorate-General for Labour Inspection through the Special Unit for the Prevention of Labour Discrimination (UEPALD). The Committee requests the Government to indicate the outcome of the abovementioned proceedings instituted under section 246 of the Penal Code and the sanctions imposed. The Committee also requests the Government to supply statistical information on the cases of discrimination detected by the labour inspectorate, disaggregated by ground of discrimination, and the follow-up action taken. The Committee requests the Government to continue providing information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment or harassment in other forms.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. For a number of years, the Committee has been referring to the practice of compulsory pregnancy testing for women as a condition for acquiring or retaining employment and to the dismissal of women with disabilities, especially in the maquila (export processing) sector and in the industrial, trade and services sectors. The Committee notes the Government’s indication in its report that in 2013–14 the Special Unit for the Prevention of Labour Discrimination (UEPALD) examined 77 cases in the maquila, industrial, trade and services sectors. Of these, 54 cases were shelved, fines were imposed in seven cases and nine cases are in progress. The Government does not specify the type of infringements detected relating to pregnant women and women with disabilities, but indicates that cases were shelved because the discrimination ceased, or the workers concerned dropped the cases or resigned from their jobs. The Government adds that in 2015 the Directorate-General for Labour Inspection and Social Welfare detected 55 cases involving the dismissal of pregnant women and 22 cases involving discrimination towards pregnant women. The Government does not indicate what action was taken concerning those cases or the penalties imposed. The Government adds that in 2014 a workplan was drawn up for verifying the labour rights of women in the maquila sector. The Committee recalls that distinctions in employment and occupation based on pregnancy and maternity are discriminatory as by definition they only affect women. While noting the steps taken by the Government to improve the situation of pregnant women and women with disabilities in the maquila, industrial, trade and services sectors, the Committee considers that shelving the investigation proceedings where the worker reporting the discrimination has resigned from her job does not appear to offer adequate protection against discrimination, particularly where resignation from the job stems from the act that is considered discriminatory. The Committee requests the Government to take the necessary steps to ensure that women workers enjoy effective protection against dismissal and any other acts of discrimination on the grounds of pregnancy or maternity in the public and private sectors, including in the maquila sector, and to supply information on any developments in this respect. The Committee requests the Government to continue providing information on the number of complaints filed, indicating the grounds for the complaints, sectors concerned, proceedings instituted, remedies granted and penalties imposed.

Sexual harassment. In its previous comments, the Committee referred to the Special Comprehensive Act on a Life Free from Violence for Women (Decree No. 520 of 2010), which covers harassment at work and physical, sexual, psychological, emotional and work-related violence, and observed that the Act does not clearly define sexual harassment at work in terms of including both quid pro quo and hostile working environment sexual harassment. The Committee notes the Government’s indication that the possibility of integrating sexual harassment as a psychosocial risk in the framework of the Act on the prevention of work-related risks of 2010 is being examined, with the aim of improving the prevention, identification, addressing and eradication of sexual harassment. With regard to the protection provided for victims, the Government indicates that: from 2013 to the end of 2016, only seven complaints concerning sexual harassment were registered, which shows, according to the Government, the reluctance to submit complaints; the Ministry of Labour and Social Welfare has competence for conducting workplace inspections in the case of autonomous official institutions; the Salvadorian Institute for Women’s Development (ISDEMU) deals with complaints relating to harassment in the workplace; and the Gender Unit at the Attorney-General’s Office provides assistance (advice and representation) for victims and that the Office provides assistance in the defence of human rights. According to the Government, the judicial remedies available in the case of work-related harassment and sexual harassment are amparo (protection of constitutional rights) proceedings and criminal proceedings (section 165 of the Penal Code). However, the Committee observes that the Government indicates in its 2014 report on the application of the Beijing Declaration and Platform for Action (page 11) that access to justice remains a major challenge for women. The Committee recalls that amparo proceedings are an exceptional remedy and that addressing sexual harassment only through criminal proceedings is normally not sufficient, owing to the sensitivity of the issue, the higher burden of proof and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (see 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee trusts that the Government will take the necessary measures without delay to include in the Act on the prevention of work-related risks of 2010 a provision that: (i) defines and prohibits both quid pro quo and hostile environment sexual harassment; (ii) provides access to remedies for all workers, men and women; and (iii) provides for sufficiently dissuasive sanctions and adequate compensation. The Committee requests the Government to provide information on any development in this regard, and on the number of complaints concerning sexual harassment in the workplace received and their follow-up, and the action taken, penalties imposed and compensation awarded. It also requests the Government to provide information on the measures adopted to prevent sexual harassment and to raise awareness among workers and employers.

Article 1(1)(b). Real or perceived HIV status. The Committee previously noted that Decree No. 611 of 2005 reforming the Labour Code incorporated a new section 30, which prohibits discrimination against workers on the basis of their HIV status and also prohibits compulsory HIV testing as a condition for acquiring or retaining employment. However, the Committee noted that the Civil Service Act of 1961 regulating employment in the public sector provides that any person who suffers from an infectious/contagious disease may not enter the administrative career service. In its previous comments, the Committee noted the draft legislation to ensure protection from any discrimination on the basis of HIV status. The Committee notes the Government’s indication that the Bill has not yet been adopted, but that a draft bill has been submitted on a “Comprehensive Response to HIV/AIDS epidemic” which prohibits HIV tests and discriminatory practices, establishes proceedings and provides penalties in the event of violations. The Committee trusts that the new legislation to be adopted will provide adequate protection for all workers in both the public and private sectors against discrimination on the basis of real or perceived HIV status, with such protection including the prohibition of compulsory HIV testing as a condition for acquiring or retaining employment. The Committee requests the Government to supply information on any developments in this respect.

The Committee welcomes the ILO project funded by the European Commission (DG Trade) to provide support for countries benefiting from GSP+, a component of the Generalized Scheme of Preferences, aimed at the effective application of international labour standards, which focuses on four countries, including El Salvador.

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

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

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.

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

Article 1(1)(a) of the Convention. Discrimination on grounds of sex. Enforcement. For a number of years the Committee has been referring to cases where women are obliged to provide pregnancy tests in order to apply for or remain in employment and to the dismissal of women with disabilities, particularly in the maquila (export processing zones) and in the industrial, trade and services sectors. The Committee notes the Government’s statement that between June 2009 and July 2012 the Special Unit on Gender and the Prevention of Discriminatory Labour Practices carried out 701 inspections in export processing zones, 186 of which gave rise to procedures for the imposition of fines. The Committee notes that inspections were also carried out at the request of the interested parties following the dismissal of pregnant women. In 2009, six out of 41 such inspections gave rise to fines, and the remainder of the cases were shelved; in 2010, nine complaints on the same issues were shelved; and between July 2011 and June 2012, fines were imposed in 15 cases out of 46 complaints. The Unit also undertook activities to disseminate Ministerial Circular No. 001/05 prohibiting employers from requiring HIV or pregnancy tests from women. The Committee observes that the Government has not provided any information on the dismissal of women with disabilities or on the programme for the full development of working women in the maquila, to which it referred in previous comments. The Committee recalls that the discriminatory nature of distinctions based on pregnancy and related medical conditions is demonstrated from the fact that they only affect women. The Committee also emphasizes the importance of governments, in collaboration with the social partners, adopting specific measures to combat this kind of discrimination effectively (see the General Survey on equality in employment and occupation, 1988, paragraph 41, and the General Survey on fundamental Conventions, 2012, paragraph 784). The Committee also notes that women can suffer multiple discrimination based on sex and disability (see General Survey, 2012, paragraph 748). The Committee requests the Government to continue providing information on the inspections carried out by the Special Unit on Gender and the Prevention of Discriminatory Labour Practices of the Ministry of Labour and Social Welfare in the maquila, industrial, trade and services sectors and on the penalties imposed, as well as on judicial proceedings in this respect. The Committee also requests the Government to provide information on the implementation and impact of the programme for the full development of working women in the maquila, and other measures to promote awareness of this type of discrimination among employers and workers in all productive sectors.

Article 1(1)(b). Real or perceived HIV status. The Committee notes the Government’s indication that work is continuing on the amendment of the regulations to guarantee protection against all forms of discrimination on the ground of HIV status, to which it referred in its previous observations. Several governmental and civil society bodies are engaged in the revision process. It is planned to submit a draft of the amended text shortly for discussion in the appropriate committees of the Legislative Assembly. The Committee draws the Government’s attention in this connection to the HIV and AIDS Recommendation, 2010 (No. 200). The Government adds that between June 2009 and June 2011, the Special Unit on Gender and the Prevention of Discriminatory Labour Practices conducted awareness-raising campaigns on relevant national and international provisions, and particularly on Ministerial Circular No. 001/05 prohibiting employers from requiring women to provide HIV and pregnancy tests. The Committee hopes that the future legislation will guarantee public sector workers effective protection against discrimination based on real or perceived HIV status and requests the Government to continue providing information on any developments in the adoption of the relevant legislation and its implementation in the private sector, and on any other measures to combat discrimination on grounds of the real or perceived HIV status of workers.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes with interest the adoption of the Act on equality, equity and the elimination of discrimination against women (Decree No. 645 of 4 April 2011). The Committee notes that the Act is of general application and adopts a transversal approach to the elimination of both direct and indirect discrimination in law and practice. The Act also provides that the Office of the Public Prosecutor shall be responsible for defending, guaranteeing and promoting equality and non discrimination against women, and will accordingly establish an appropriate department as part of its structure and organization. The Government adds that its gender equality policy is being implemented through its Five-Year Development Plan 2009–14, (which includes the national policy for women), updated and adopted by the El Salvador Institute for Women’s Development (ISDEMU). The Government also refers to the incorporation of the gender perspective in municipal planning, so as to create the necessary conditions for women to participate in all spheres of the development process. Local governments are implementing policies and action to promote gender equality in vocational training and local development and have adopted specific institutional capacity-building measures to foster gender equality (the creation of women’s units at the municipal level, the formulation of municipal gender equality policies). The Committee notes, however, that the statistics supplied by the Government show that a serious gap exists in the participation of men and women in management positions in both the public and the private sectors and in both urban and rural areas. The Committee requests the Government to provide information on the implementation in practice of the Act on equality, equity and the elimination of discrimination against women, especially on the creation of the department responsible for defending, guaranteeing and promoting gender equality and non-discrimination against women. The Committee also requests the Government to indicate what impact the adoption of the Act has had, particularly with respect to the participation of women in the labour market and in management positions. Further, the Committee requests the Government to provide detailed information on the implementation of the gender equality policy and of the national policy for women adopted under the new Act on equality, equity and the elimination of discrimination against women, its impact in practice and the relationship between them.

Indigenous peoples. The Committee notes the Government’s indication that a number of measures have been taken to facilitate the identification of indigenous peoples and their members. The Committee notes especially the cooperation agreement signed by the Directorate for Indigenous Peoples with the Office of the Public Prosecutor, the National Registry of Natural Persons and the Corporation of Municipalities of El Salvador. The Government states that the measures adopted are intended to eradicate discrimination against indigenous peoples and to offer them access to national services, such as labour inspection and employment services. Measures have also been adopted to improve the productive capacity of women in craftwork. The Committee requests the Government to provide information on the impact of the measures adopted on improving access of indigenous peoples to the labour market and their access to education and vocational training. The Committee also requests the Government to provide statistical data disaggregated by sex in this regard.

Sexual harassment. In its previous comments, the Committee requested the Government to consider adopting specific provisions guaranteeing protection against sexual harassment at work. The Committee notes the adoption of the Special Comprehensive Act on a life free from violence for women (Decree No. 520 of 25 November 2010), which covers harassment at work and physical, sexual, psychological, emotional and work-related violence where there exists a relationship of power or trust. The Committee notes that the ISDEMU is the body responsible for implementing the Act, preparing a framework policy and ensuring its enforcement. The Act stipulates that the offences it covers are subject to criminal action and lays down procedural guarantees for women who are the victims of acts of violence, together with specific penalties for the various offences. The Committee also notes that the ISDEMU, along with other institutions, has adopted a strategy for preventing sexual harassment which involves public awareness and information measures and the modification of institutional regulations. The Committee notes, however, that the Act does not define sexual harassment at work clearly, in terms of including both quid pro quo and hostile working environment sexual harassment. It is also unclear whether the Act covers harassment by colleagues at work (see the general observation of 2002 on sexual harassment). The Committee requests the Government to provide information on the implementation in practice of the Special Comprehensive Act on a life free from violence for women in relation to the lodging of complaints of sexual harassment at work and how adequate protection is ensured both against quid pro quo and hostile working environment harassment, whether in the context of hierarchical relationships or between co workers. The Committee also requests the Government to provide information on the operation of the procedure established for examining complaints of sexual harassment at work, and specifically on the provisions dealing with the burden of proof and the possibility for victims to obtain reinstatement and compensation. The Committee also requests the Government to provide statistics on the number of complaints lodged and their outcome, and to provide information on any awareness and information measures on sexual harassment in general and on the Act in particular. Further, the Committee requests the Government to provide information on the applicable provisions in cases of sexual harassment against men.

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

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

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.

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

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.

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

Article 1 of the Convention. With regard to its previous request concerning the application of the penalties laid down by section 246 of Legislative Decree No. 1030 which penalizes discrimination at work, the Committee notes the Government’s statement in its report to the effect that it has no knowledge of any court decision which has applied this provision. As regards administrative bodies responsible for penalizing conduct deemed to be “serious discrimination at work”, in accordance with section 246, the Committee notes that the body which has responsibility is the Special Unit for Gender Issues and the Prevention of Discrimination in Employment, which forms part of the Directorate-General of Labour Inspection. The Committee notes that no cases of “serious discrimination at work” have been reported. The Committee requests the Government to continue supplying information on any court decision relating to section 246 of Decree No. 1030 and on any case of serious discrimination at work examined by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment. Please indicate the manner in which the Unit interprets and applies in practice the concept of “serious discrimination at work”. In light of the above, the Committee also requests the Government to continue taking steps to disseminate knowledge of the legislation on discrimination and the avenues for dispute resolution, particularly in the context of programmes to promote knowledge of labour rights conducted by the Government.

Article 1(1)(b). Discrimination against workers with HIV/AIDS. The Committee recalls that under Decree No. 611 amending the Labour Code, section 30 of the Code was amended to contain a prohibition on making any distinction, exclusion or restriction with regard to workers having HIV/AIDS and also on requiring persons seeking employment to undergo an HIV test as a condition of being hired and during the contract of employment. The Committee also observes that section 19 of the Civil Service Act, which regulates employment in the public service, establishes that any persons who suffer from an infectious or contagious disease may not have access to the civil service career system. The Committee requests the Government to supply detailed information on the application of the abovementioned provisions and to indicate the steps taken or contemplated to guarantee that there is no discrimination with regard to HIV/AIDS with respect to both access to and maintenance of employment, especially in the public sector.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes the clarification supplied by the Government to the effect that there have been no official discussions within the Higher Labour Council regarding the formulation of a policy on equal opportunities for women. The Committee also notes the awareness-raising actions undertaken by the National Employment Department designed to identify discriminatory practices in the definition of occupational profiles by enterprises. Furthermore, the Committee notes the vocational training courses developed by the El Salvador Institute for Vocational Training (INSAFORP) for the purpose of better equipping women for the various branches of economic activity, the implementation of the “Comprehensive development of women” programme and the initiatives taken to foster knowledge of national and international standards relating to the protection of women’s labour rights. The Committee, however, notes with concern that illiteracy is still more prevalent among women than men, according to the Government’s report to the Committee on the Elimination of Discrimination against Women in 2007 (CEDAW/C/SLV/7, 19 April 2007, page 36). It also notes that, according to the abovementioned document, gender parity in primary and secondary education had not been achieved either nationally or in rural areas in 2004. The Committee wishes to emphasize that inequalities between boys and girls regarding access to education will be reflected in future in the lack of equality of opportunity and treatment between men and women in respect of employment and occupation. The Committee therefore requests the Government to take the necessary steps to promote equality in access to education for boys and girls and to keep it informed on this matter, and on any initiatives taken to promote the participation of women in the labour market, and the impact thereof.

Sexual harassment. The Committee notes the Government’s indication that one of the responsibilities of the Special Unit for Gender Issues and the Prevention of Discrimination in Employment is to investigate cases of violence or sexual harassment against women workers. The Committee requests the Government to supply information on cases of sexual harassment examined by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment and the results thereof. The Committee also requests the Government once again to consider adopting specific provisions to guarantee protection against sexual harassment in the workplace in accordance with its 2002 general observation on this subject, and to provide information on any progress made in this respect.

Article 3. Dissemination of labour rights. With reference to its previous request regarding the process initiated by the Government to disseminate information on labour rights, the Committee notes that, together with the general dissemination mechanisms developed by the Directorate-General of Labour Inspection, specific initiatives have been undertaken for the domestic service sector, such as the drawing up, in cooperation with the Directorate-General of Labour, of the document entitled “Know your labour rights and duties”, and for the agriculture and stock-rearing sector, particularly in the form of talks on national and international labour standards. The Committee requests the Government to continue supplying information on the other initiatives taken in the context of this dissemination process, including with regard to the domestic service sector and the agriculture and stock-rearing sector.

Parts III to V of the report form. Labour inspection. The Committee notes the recruitment of 159 new labour inspectors in order to strengthen the inspection service, particularly in agriculture. The Committee also notes the “Specialist training programme” and the “Staff training programme”, which are designed to reinforce the skills and knowledge of inspectors. The Committee requests the Government to continue supplying information on actions taken to strengthen the technical and operational capacity of the labour inspectorate and to indicate the specific measures taken for providing inspectors with training on the subject of discrimination.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1, paragraph 1(b), of the Convention. The Committee notes that the authority competent for enforcing section 246 of Legislative Decree No. 1030 establishing penalties for discrimination at work is the judiciary. The Committee requests the Government to provide information on any court decisions applying the penalties laid down in the above provision. Please also provide information on cases treated as “serious discrimination at work” and on the administrative bodies responsible for punishing such conduct, the procedure for the filing of complaints, the procedure for the hearing of complaints, the dissemination of the abovementioned provision and its practical effect, for example the number of cases, statistics on the grounds of discrimination reported and an assessment of how promptly cases are resolved.

2. Article 2. The Committee notes with interest the activities undertaken to implement the plan to promote women’s integration in the labour market. It also notes with interest the discussions under way in the Higher Council of Labour to formulate a policy of equity for women. It requests the Government to keep it informed on progress in the abovementioned discussion and on its outcome.

3. Article 3. With regard to its previous direct request, the Committee notes the process initiated by the Government to disseminate information on labour rights. The Committee requests the Government to report on this process, indicating in particular the participation of the agricultural and domestic sectors in the related discussions.

4. Labour inspection. The Committee notes with interest the measures taken by the Government to strengthen the Ministry of Labour’s technical and operational capacity for labour inspection, particularly in the agricultural sector and in domestic work. It requests the Government to keep it informed of the results of these efforts.

5. Sexual harassment. The Committee notes the efforts undertaken by the Government to combat sexual harassment at work. However, the Committee remains of the view that the measures taken and the legislation in force are very general and that the coverage and methodology are narrower than those indicated in the general observation of 2002. The Committee therefore once again expresses the hope that the Government will continue to consider adopting specific provisions ensuring protection from sexual harassment at work, in conformity with the Committee’s General Observation of 2002.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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1. The Committee notes the information supplied by the Government to the Conference Committee on the Application of Standards in June 2004 in answer to issues raised in its previous comments, and the discussion which ensued. The Committee also notes the conclusions of the Conference Committee asking the Government to provide detailed information on the practical application of the Convention, particularly on the situation of women in the maquila sector and the working conditions of indigenous workers.

2. Article 1 of the Convention. Maquila sector (export processing zones). The Committee notes that section 627 of the Labour Code, which applies to women working in this sector, provides for specific penalties for employers who dismiss pregnant women or women with disabilities, and that monitoring of the prohibition on pregnancy testing as a condition for being hired or maintained in a job has been stepped up. The Committee requests the Government to provide detailed information on cases detected by the labour inspectorate, the action taken and the results obtained.

3. Article 2. Public sector. The Committee notes the Government’s indication that there are no instructions in the government sector that favour men in terms of access to jobs in the public administration, and that hiring depends on requirements pertaining to skills and abilities which apply to everyone, without distinction as to sex. The Committee notes that the absence of discriminatory instructions or rules is not sufficient to meet the requirements of the Convention, which requires declaring and pursuing a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The Committee requests the Government to provide detailed information on the national policy for equality of opportunity and treatment in the public sector, and particularly on measures to promote the access of women and indigenous people to the public sector, including to management posts, and the outcome of these measures.

4. Indigenous workers. The Committee notes that indigenous workers are covered by the constitutional guarantee of equality before the law. In its General Survey of 1988, the Committee concluded that in some cases, when past policies have done little to protect indigenous land and cultures, the indigenous populations may have migrated to urban areas where they are severely disadvantaged in terms of competing in the labour market. The Committee is of the view that the general principle of equality before the law cannot on its own ensure equality of opportunity in employment and occupation for men and women indigenous workers. It hopes that the Government will take steps to address discriminatory treatment that arises in practice, and promote equal opportunities for indigenous peoples, paying particular attention to equal access to vocational training, which is key to gaining access to the labour market on the same terms as other groups of the population. The Committee reminds the Government that in the case of self-employed workers, equality of opportunity and treatment in employment and occupation includes equal access to the material resources that enable such workers to carry on the activities from which they earn their living. As the Committee pointed out in its General Survey of 1988, in rural areas, if indigenous peoples have become agricultural labourers, their main problem may be de facto discrimination in terms of conditions of employment. If they earn their livelihood as subsistence farmers, their main problems frequently arise from unequal access to land, credit, marketing facilities, etc. In all such cases, official policies need to make provision for measures that allow indigenous peoples access to resources, including the means to carry out the activities from which they earn their living. The Committee requests the Government to provide information on the measures taken or envisaged to remedy these inequalities.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observation on the application of the Convention, the Committee would like to draw the Government’s attention to the following points.

1. Sexual harassment. The Committee notes that the legislation which the Government cites as preventing and punishing sexual harassment is general in nature and takes no account of the particularities of sexual harassment in labour relations. The Committee advises the Government to consider the possibility of adopting specific legislation that takes account of the elements set out in its general observation of 2002 to prevent and combat such offences more effectively.

2. Article 1, paragraph 1(b), of the Convention. In its previous comments the Committee requested information on the application in practice of section 246 of Legislative Decree No. 1030, which penalizes discrimination at work. The Committee notes the Government’s reply to the effect that for administrative reasons the Secretariat of State is unable to apply this legislation. The Committee requests the Government to indicate in its next report which authority has competence for applying the legislation and to state whether it has ever been applied.

3. Article 2. The Committee notes the information in response to its previous comments to the effect that the Salvadorian Institute for the Development of Women (ISDEMU) has earmarked approximately 7 million dollars for the implementation of the Action Plan for 2000-2004, and that the ministries and institutions involved in the abovementioned plan make their own financial contributions. The Committee takes note of the actions carried out by the Skills for Work Programme (HABIL) which include training for women in areas traditionally reserved for men. It also notes that tripartite seminars are conducted under the auspices of the ISDEMU to raise awareness about the safeguarding and observance of rights at work. The Committee further notes that the Higher Labour Council is the tripartite body which cooperates with the Government in promoting the acceptance and observance of national policies. The Committee requests the Government to provide information in its next report on other actions carried out under the plan to promote women’s integration in the labour market on the basis of equality of opportunity, and particularly measures that target indigenous women. The Committee again requests the Government to provide a copy 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.

4. Article 3. In its previous comments the Committee noted that, according to the Government, neither the General Directorate of Labour Inspection nor the General Labour Directorate had on their files claims by workers or cases of mediation concerning the application of the principles set forth in the Convention. The Committee again requests the Government to provide information on the measures taken or envisaged to ensure that relevant claims are made and effectively resolved, particularly those filed by women domestic workers and agricultural workers.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the information provided by the Government in its report, and the comments of 31 January 2003 sent by the International Confederation of Free Trade Unions (ICFTU) alleging that even if the Constitution prohibits discrimination, in practice discrimination on grounds of gender and ethnicity is pervasive. It states that women face societal discrimination in terms of education, inheritance and employment, such that they have limited economic opportunities and face discrimination in both access to employment and in remuneration. The ICFTU also indicates that some governmental agencies have direct orders to give preference to male candidates and that in export processing zones (EPZs) approximately 90 per cent of staff is composed of women who are subjected to appalling conditions, and where almost all management positions are occupied by men. The report points out that in the EPZs women are often subject to sexual harassment and mandatory pregnancy testing, and that if they are pregnant they are not hired or are dismissed. Finally, the ICFTU states that indigenous people also face discrimination in employment and access to productive resources and to education, and there are reports that indigenous rural labourers are paid less than non-indigenous rural labourers.

2. The Committee takes note of the Government’s brief response stating that the ICFTU information is outdated as it relates to situations which no longer exist, and that the allegations of the ICFTU are not based on solid and substantial evidence. The Committee notes that the Government’s reply does not contain information on the situation of women in practice, nor of the situation in the EPZs, or on the allegations concerning indigenous people. The Committee is concerned these allegations raise serious issues concerning the application of the Convention. It requests the Government to provide detailed and specific information on the manner in which equal access of women to positions in the government service, management positions, as well as economic opportunities are promoted and non-discriminatory provisions are enforced. Please also provide specific information on the situation of women in the EPZs, including protection against pregnancy testing and hiring and dismissal practices. Further please provide information on the manner in which equality is ensured for indigenous people in both urban and rural areas as regards working terms and conditions. Finally, it asks the Government to take appropriate measures to investigate and eliminate discriminatory practices.

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

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

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report and the attachments provided.

1. Articles 1 and 2 of the Convention. The Committee notes with interest the document on the National Policy on Women, produced in May 1997 by the Salvadorian Institute for the Development of Women (ISDEMU), established under Legislative Decree No. 644 of 29 February 1996. According to the document in question, the national policy on women has been prepared on the basis of a strategic concept and is intended to be national in scope, and not limited in application to specific sectors or groups of women beneficiaries. The Committee observes with interest also that the declared objectives include ratification of the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156), and revision of labour legislation to improve the conditions of working women. The Committee notes that the plan covers the period 1996-99 and requests the Government to send it information on the activities actually carried out in implementation of the plan and the results obtained, in particular in relation to section No. 4 (Women and work). Please also send a copy of the new national policy plan for women from the year 2000.

2. The Committee reiterates its request to the Government to send it information on the content of the national policy which aims at the realization of the principle of equality of opportunity and treatment in employment and occupation, on the basis of the criteria in the Convention, apart from that of sex.

3. In its previous direct request, the Committee again requested information on the application of the principle of the Convention and the de facto situation, as well as the legal procedures which exist to remedy situations involving discrimination in employment and occupation. It also asked whether complaints had been brought before the courts or whether the provisions of section 30(12) of the Labour Code, which prohibits employers from making any kind of distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, have been included in collective labour agreements. The Committee notes that the Government has indicated that the General Labour Inspection Directorate handles complaints made by workers against their employers and gives assistance in the holding of conciliation hearings, and that it carries out inspections automatically or at workers' requests. Please send more specific information on the labour inspection service in regard, for example, to inspections and conciliation hearings and complaints on which it has intervened in relation to the application of the principle of the Convention.

4. The Committee notes that female domestic workers and agricultural workers are subject de alguna manera (in some way) to the general legal provisions to which all other workers are subject and that when their rights are violated they can have recourse to the General Labour Inspection Directorate and directly to the labour courts. Please indicate the meaning of the expression alguna manera in the context used. Please also send information on the complaints made by domestic and agricultural workers -- in relation to the principle of the Convention -- to the authorities cited, and their outcome, so that an assessment can be made of the effectiveness of the protection system in the event of violation of the rights protected by the Convention.

5. Article 3. The Committee requests the Government to indicate the measures adopted to obtain the cooperation of employers' and workers' organizations in the task of promoting acceptance and implementation of the policy set out in Article 2 of the Convention and to explain the forms in which this cooperation is carried out in regard to the other criteria enshrined in the Convention.

6. Article 4. The Committee notes the Government's information regarding the causes of dismissal set out in section 52 of the Civil Service Act and indicates that the Act provides no basis to apply any discrimination in relation to employment and occupation against officials and public or municipal employees who belong to the civil service on the mere suspicion of having committed faults or offences, including those on whom legitimate suspicion falls that they are engaging in activities contrary to the security of the State. The Committee requests the Government to send it the text of the Civil Service Act and to indicate what remedies are available in the civil service to guarantee that there is no discrimination based on political opinion either in employment or in access to employment.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information contained in the Government's first report and asks the Government to reply to the following points.

2. Article 1 of the Convention. The Government has provided with its report legislative texts which prohibit discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin, but has not supplied any information on the practical application of the Convention and the actual situation in the country. The Committee requests the Government to provide practical information on the application of the principles of the Convention, especially of the legal procedures which exist to remedy situations involving discrimination in employment and occupation. It also asks the Government to indicate whether complaints have been brought to the courts. Please indicate whether the provisions of section 30(12) of the Labour Code, which "prohibit employers from making any kind of distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, apart from the exceptions provided for by law for the purposes of protecting workers", are included in collective labour agreements.

3. The Committee notes that the Labour Code makes certain distinctions for the protection of domestic servants (section 76 ff.) and for agricultural and livestock workers (sections 84 to 103), where, in both cases, employers are allowed to make verbal contracts. In the case of domestic servants, the general provisions of the Code are not applicable (section 77); employers may require a certificate of good health as a condition of employment (section 78); and domestic workers do not follow a fixed timetable and are obliged to work on their days off whenever they are so requested by their employers (in such cases they are entitled, however, to double their normal daily rate of pay). The Committee requests the Government to provide information on which bodies may assist such people in protecting their rights in the absence of employment contracts. The Committee requests the Government to indicate also which labour inspection and other protection procedures are available to domestic, agricultural and livestock workers.

4. Article 1, paragraph 1(b). Taking into account the fact that the Constitution includes nationality as a criterion of discrimination, in addition to the criteria set out in the Convention, the Committee requests the Government to inform it whether it wishes to determine this criterion by the means provided for in this subparagraph.

5. Article 2. The Committee notes that the information supplied by the Government on the application of this Article refers only to the issue of equality of opportunity for men and women, apart from the fact that it refers to "equality for all people in society" as one of the principles of this policy. The Committee therefore wishes to recall what was stated in paragraph 162 of its 1988 General Survey on equality in employment and occupation concerning the content of national policies, i.e.: "in order to preserve the flexibility which is essential for its application, the Convention does not specify the content of measures which may be adopted for the promotion of effective equality of opportunity and treatment in employment and occupation, and leaves it to States to determine the content of such measures in accordance with the objective of the Convention. The content of the national policy should, however, draw its inspiration from the principles of the Convention: it is essential that it should be designed to promote equality of opportunity and treatment by eliminating all distinctions, exclusions or preferences in law and in practice; that it should cover the different grounds of discrimination expressly referred to (race, colour, sex, national origin, religion, political opinion and social origin); and lastly, that it should provide for the implementation of the principle of equality of opportunity and treatment in all fields of employment and occupation". The Committee requests the Government to indicate, in its next report, how the principles applicable to equality between men and women are promoted in relation to the other criteria enshrined in the Convention.

6. Article 3. The Committee requests the Government to provide: more detailed information on consultations with the social partners; statistics relating to vocational training programmes, the participation of women in such programmes and in the public service; and the result of the consultations on the strategy underlying a national policy.

7. Article 4. The Committee requests specific information on how individuals suspected of engaging in activities against state security are treated in relation to employment and occupation, and whether such people may have recourse to the competent courts in cases where measures have been taken to dismiss them from their employment or to refuse them access thereto.