Effect given to the recommendations of the committee and the Governing Body - Report No 374, March 2015

Case No 2836 (El Salvador) - Complaint date: 16-DEC-10 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 54. In its previous examination of the case, the Committee made the following recommendations on matters still pending [see 367th Report of the Committee, paragraph 60]:
   • The Committee urges the Government to take all the necessary steps, including through dialogue in the Commission consisting of the Human Rights Ombudsman and several religious authorities, to ensure that the governing body of the Legislative Assembly proceeds to reinstate the Secretary-General of SITRAL, Mr Luis Alberto Ortega Ortega, and that this trade union is recognized without delay.
2. 55. In its communication dated 25 June 2013, the Trade Union of Workers of the Legislative Assembly (SITRAL) stated that the Legislative Assembly continued to refuse to reinstate union leader Mr Luis Alberto Ortega Ortega, despite the provisional order issued by the Constitutional Chamber of the Supreme Court ordering his reinstatement.
3. 56. In its communication dated 16 January 2015, the Government states that, in accordance with the Committee’s recommendations, it forwarded its conclusions and recommendations to the Legislative Assembly specifically so that the governing body of the Legislative Assembly could proceed to reinstate the Secretary-General of SITRAL, Mr Luis Alberto Ortega Ortega, and to recognize the trade union without delay. The Government adds that, in light of the above, the Legislative Assembly complied with the Constitutional Chamber of the Supreme Court’s decisions and the Committee’s recommendations, namely by reinstating Mr Luis Alberto Ortega Ortega in his post, who has been working as usual in the institution in question since July 2014 and, moreover, continues to serve as Secretary-General of SITRAL.
4. 57. Regarding the recognition of SITRAL, the Committee takes note that the Government states that the National Department of Social Organizations of the Ministry of Labour and Social Welfare approved the statutes of SITRAL through Resolution No. 56/2010 of 21 September 2010, and at the same time granted legal status to the trade union. It also granted credentials to the governing body of SITRAL for the period of 31 July 2014 to 30 July 2015.
5. 58. The Committee notes with satisfaction the reinstatement of the trade union leader, Mr Luis Alberto Ortega Ortega, and the granting of credentials to the governing body of the complainant union.