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

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

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.