Report in which the committee requests to be kept informed of development - Report No 408, October 2024

Case No 3380 (El Salvador) - Complaint date: 13-MAY-20 - Follow-up

Allegations: The complainant organization alleges acts of harassment and interference against ANEP and its leaders by high-ranking government representatives, in particular through the non-recognition of its new president

1. 314. The Committee last examined this case (submitted in June 2020) at its October 2021 meeting, when it presented an interim report to the Governing Body [see 396th Report, approved by the Governing Body at its 343rd Session (November 2021), paras 258–273]. 
2. 315. The Government provided its observations in a communication dated 25 May 2022.
3. 316. El Salvador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

Previous examination of the case

1. 317. At its November 2021 meeting, the Committee made the following recommendations [see 396th Report, para. 273]:
   • (a) The Committee requests the Government to immediately take the necessary measures to ensure full respect for the autonomy of the National Association of Private Enterprise (ANEP), recognize the results of its April 2020 elections, in particular of its president, Mr Javier Ernesto Simán Dada, and recognize the employers’ organization as a social partner, so as to enable ANEP to participate fully in social dialogue through the representatives of its choice.
   • (b) The Committee invites the complainant organization to provide further details on the alleged harassment of the business group of the president of ANEP or of any other company affiliated to this organization that is the target of hostile actions, and requests the Government to provide further information in support of its assertion that the action challenged in the complaint was a general measure.

B. The Government’s reply

1. 318. In its communication dated 25 May 2022, the Government states that it respects the freedom of association and autonomy of the various employers’ and workers’ organizations. The Government also states that: (i) through the Ministry of Labour and Social Security it has followed up the allegations of the National Association of Private Enterprise (ANEP), particularly in regard to the non-recognition of its president; (ii) Mr Javier Ernesto Simán Dada served his term as president of ANEP from 2020 to 2022; and (iii) there were no incidents of harassment or interference against ANEP and its leaders. The Government further states that the temporary closure of some enterprises was part of a general measure, in compliance with biosafety protocols for the containment of COVID-19, and that those measures were lifted once the enterprises complied with the provisions of the protocols.
2. 319. With respect to the recognition by the Government of ANEP as a social partner, so as to enable the employers’ organization to participate fully in social dialogue through the representatives of its choice, the Government indicates that on 8 December 2021, the new appointment of tripartite representatives to the Higher Labour Council (CST) was carried out, where the workers’ delegates were appointed by the most representative federations and confederations, the employers’ delegates were appointed by the employers’ organizations, and the delegates representing the Government were also appointed. The appointment process was carried out in accordance with article 4 of the regulations of the CST and freely and independently by each of the sectors and the entities that belong to them. The Government indicates that the result of this process was communicated to the Director General of the International Labour Office in note DM/DRIT/008/2022 of 10 January 2022.
3. 320. The Government indicates, with regard to the CST, that: (i) Mr José Agustín Martínez Morales, current president of ANEP elected by its members on 5 April 2022, was appointed vice president of the CST for the employers for the period 2021–23 by the employers’ associations; (ii) Mr Jaime Ernesto Ávalos was appointed vice-president for the workers; (iii) the Minister of Labour and Social Security, Mr Óscar Rolando Castro, was appointed president; and (iv) the CST held five plenary sittings and its board of directors held ten sittings, during which social and labour issues were discussed and important agreements were reached, such as the tripartite elaboration of a strategy for the creation of decent work, for which the CST requested ILO technical assistance. In this respect, the Government expressed its thanks to the ILO, with which it had held several meetings to agree on a road map for the development of the strategy.
4. 321. The Government also reports that: (i) ANEP is a regular participant in spaces for social dialogue and its autonomy as an employers’ representative has been respected; (ii) to date, there have been no further complaints or situations involving ANEP in respect of the election of its president; (iii) collaboration with employers within the CST has been cordial, professional and technical; and (iv) ANEP is recognized as a representative organization at the national level for the employers, and as well as participating in the CST, ANEP also participates in other spaces for tripartite social dialogue, such as the National Minimum Wage Council, the Social Housing Fund, the El Salvador Vocational Training Institute and the executive board of the Salvadoran Social Security Institute (the appointment of the employers’ representative to this last body is currently under way). The Government submits documentation showing the employers to be members of the above-mentioned entities.
5. 322. The Government indicates that, following the discussion before the Committee on the Application of Standards at the 109th Session of the International Labour Conference in June 2021 on the application in El Salvador of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Government accepted the visit of a high-level tripartite mission, with the aim of bringing the social partners and the government authorities together in person in order to demonstrate the goodwill and commitment that the President of the Republic has towards the international community. As confirmation of the above, the Government indicates that the high-level tripartite mission was carried out in May 2022 and that it met with the various social partners, including trade union organizations and ANEP, as well as with the President of the Legislative Assembly, the Vice-President of the Republic, the Minister of Labour and Social Security and the Chancellor of the Republic, among others. On 4 May 2022, the high-level tripartite mission provided preliminary information on its conclusions, announcing various commitments made by the parties involved in the tripartite social dialogue, with the participation of ANEP, the people appointed by the country’s most representative federations and confederations, and the Government. The Government indicates that the high-level tripartite mission, while welcoming the commitments made by the parties, emphasized that efforts must continue to be made to build a safer and more developed country, counting on the support and technical assistance of the ILO.
6. 323. In this respect, the Government states that it is committed to: (i) strengthening autonomous and independent social dialogue mechanisms, while promoting integrated links between the parties; (ii) opening the spaces for tripartite social dialogue necessary for the participation of all social sectors; and (iii) complying with international labour standards. The Government also indicates its readiness to receive further conclusions and recommendations from the Committee, in view of the report of the high-level tripartite mission and the opinions of the complainant in the present case.

C. The Committee’s conclusions

1. 324. The Committee recalls that the present complaint concerns acts of harassment and interference against ANEP and its leaders, in particular its president, by high-ranking representatives of the Government of El Salvador, including the President of the Republic.
2. 325. The Committee notes the information provided by the Government whereby: (i) Mr Javier Ernesto Simán Dada served his term as president of ANEP from 2020 to 2022, and that at present Mr José Agustín Martínez Morales is the president of the organization, having taken up the post on 5 April 2022; (ii) there were no incidents of harassment or interference against ANEP and its leaders; and (iii) the temporary closure of some enterprises was part of a general measure, in compliance with biosafety protocols for the containment of COVID-19, and those measures were lifted once the enterprises complied with the provisions of the protocols.
3. 326. The Committee takes due note of the Government’s indication regarding the recognition of ANEP as a representative organization at the national level for the employers. The Committee also takes due note of the information provided by the Government regarding the measures adopted to include ANEP in spaces for social dialogue, respecting its autonomy as employers’ representative. In particular, the Committee takes note of the new appointment of the tripartite representatives to the CST, where the employers’ organizations appointed Mr José Agustín Martínez Morales, current president of ANEP, as employers’ vice-president. The Committee also notes ANEP’s participation in other spaces for tripartite social dialogue, such as the National Minimum Wage Board, the Social Housing Fund, the Salvadoran Vocational Training Institute and the executive board of the Salvadoran Social Security Institute (the appointment of the employers’ representative to this last body is currently under way). In this respect, the Committee takes note of the communication sent by the Government to the Director-General of the ILO providing information on the swearing-in of the members of the CST for the period 2021–23 and confirming acceptance of the high-level tripartite mission requested by the Committee on the Application of Standards of the International Labour Conference.
4. 327. The Committee takes note of the report, the conclusions and the recommendations of the high-level tripartite mission carried out in May 2022, which: (i) took note of and acknowledged the commitment of the Ministry of Labour to respect the appointments made by ANEP of its representatives in all state institutions; and (ii) recommended to take the additional measures necessary for the full recognition of ANEP by all the authorities in the country, including the legislative authorities, when laws concerning their interests as an employers’ organization are under discussion, and their full participation in social dialogue and tripartite consultations. This implies full respect for the autonomy of ANEP in the appointment of employers’ representatives to the relevant bodies.
5. 328. While noting that the complainant organization did not send the Committee the additional information and details requested on the alleged harassment of the business group of the former president of ANEP and that the Government’s observations also fail to include the elements requested in this respect by the Committee in its previous examination of the case, the Committee observes that the information provided by ANEP to the mission in May 2022 included documents relating to accusations of tax fraud against the former president of ANEP, which, according to him, were solely intended to damage him and discredit ANEP.
6. 329. Furthermore, the Committee notes the discussions before the Committee on the Application of Standards of the International Labour Conference on the application in El Salvador of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), in June 2022 and 2023, and that, in its conclusions, the Committee again urged the Government to refrain from all aggression and from interfering in the establishment and activities of employers’ and workers’ organizations, in particular ANEP, and to develop a time-bound road map to implement without delay all recommendations made by the ILO high-level tripartite mission. In the same vein, the Committee takes note of the discussion on the application of Convention No. 87 before the same Committee in June 2024 and on its conclusions, in which the Committee noted with concern the allegations of ongoing violations of the Convention by the Government, including reported acts of harassment against ANEP, highlighting once again the need to develop the road map. Lastly, the Committee observes that, at the 2024 Conference session, the Credentials Committee received an objection presented by the Employers’ group concerning the failure to deposit credentials of an Employers’ delegate by the Government of El Salvador, to the detriment of ANEP, which is the most representative employers’ organization in the country. The Committee observes that the Credentials Committee indicated that the Government had acknowledged that on that occasion it had not undertaken the proper consultations, but it had committed to respond to the situation that gave rise to the objection, including through social dialogue [see ILC.112/Record No. 3B, paras 54–56].
7. 330. In light of the above, the Committee urges the Government to take the necessary measures, including those in follow-up to the conclusions and recommendations of the high-level tripartite mission and of the ILO supervisory bodies, to ensure full respect for the autonomy of ANEP and the recognition of its representatives, as well as of this employers’ organization as a social partner, in order to go on promoting the full participation of ANEP in social dialogue. The Committee requests the Government to keep it informed in this regard.
8. 331. The Committee also again invites the complainant organization to provide further details on the alleged harassment of the business group of the former president of ANEP or of any other company affiliated to this organization that is the target of hostile actions, and again requests the Government to provide further information in support of its assertion that the action challenged in the complaint was a general measure.

The Committee’s recommendations

1. 332. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges the Government to take the necessary measures, including those in follow-up to the conclusions and recommendations of the high level tripartite mission and of the ILO supervisory bodies, to ensure full respect for the autonomy of the National Association of Private Enterprise (ANEP) and the recognition of its representatives, as well as of this employers’ organization as a social partner, in order to go on promoting the full participation of ANEP in social dialogue. The Committee requests the Government to keep it informed in this regard.
   • (b) The Committee once again invites the complainant organization to provide further details on the alleged harassment of the business group of the former president of ANEP or of any other company affiliated to this organization that is the target of hostile actions, and again requests the Government to provide further information in support of its assertion that the action challenged in the complaint was a general measure.