Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Rural Workers' Organisations Convention, 1975 (No. 141) - El Salvador (Ratification: 1995)

The Committee notes the Government's report and recalls that in its previous direct request it made the following comments.

Article 3 of the Convention. The Committee requests the Government to specify whether the Constitution's provisions (sections 47 and 48) and those of the Labour Code issuing the requirements of the establishment of a trade union organization, the acquisition of legal personality, suspension and dissolution, the right to establish federations and confederations, protection against acts of trade union discrimination and interference and the exercise of the right to strike also apply to rural workers.

Article 4. The Committee requests the Government to provide information regarding the approximate number of workers who are members of rural organizations but do not belong to cooperatives.

Articles 5 and 6. The Committee requests the Government to provide information on the actual results achieved by adopting the measures set out in its report, and whether such measures have made a specific contribution to the strengthening and increased participation of rural organizations in economic and social development, as well as to enhancing working conditions.

The Committee notes the information provided by the Government to the effect that not only the Constitution's provisions (sections 47 and 48 relating to the right of association and to strike), but also those laid down in the Labour Code, which refer to the establishment and functioning of trade unions, can be applied to rural workers' organizations, provided that these are established as trade unions and fulfil the requirements laid down in the above Labour Code on their establishment. Where they are not established as a trade union, the provisions governing these organizations are article 7 of the Constitution on the right of association and the provisions of the General Law on Cooperative Associations.

The Committee nevertheless notes that, according to the information provided by the Government, only 36 workers are affiliated to non-cooperative rural organizations, who have established the Agricultural, Stock-raising and Industrial Workers Trade Union of San Isidro. In this respect, the Committee requests the Government to take measures so that the requirements respecting minimum membership, minimum levels of education and the necessary minimum funds (for example, those contained in Recommendation No. 149 concerning organizations of rural workers and their role in economic and social development) do not impede the development of organizations in rural areas, particularly since 55 per cent of the population in El Salvador live in rural areas.

With regard to the actual results of the adoption of the measures indicated in the 1997 report for the increased participation of rural organizations in social and economic development, as well as the improvement of their working conditions, the Committee takes due note of the Government's statement to the effect that the production of certain crops has increased through specialized workers' training programmes in cultivation and harvesting. Similarly, as a result of the increased participation of this sector in defending its interests the cancellation of the agrarian debt has been cancelled.

In this respect, the Committee requests the Government in its next report to provide it with the actual results achieved in adopting measures which strengthen and increase rural workers' participation in economic and social development, as well as enhancing working conditions.