Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - El Salvador (Ratification: 2006)

Discussion by the Committee

Chairperson – I invite the Government representative of El Salvador, the Ministerial Office adviser, to take the floor.

Government representative – Chair, members of the Committee and other tripartite representatives present in the room, I convey a fraternal greeting from El Salvador. I also convey warm greetings on behalf of President Nayib Bukele and the Minister of Labour, Rolando Castro.

As a founding Member, we respect the international Conventions of the ILO, its Constitution and its supervisory bodies, which include this Committee. Accordingly, in view of the importance of this Committee, we have come to present our report on the effect given to the Convention.

In the first place, we wish to recall that El Salvador is undergoing a process of deep-rooted transformation. For decades, the country was buried under the scourge of crime and gangs. And whole generations suffered from the strife and violations caused by these groups.

By way of illustration, according to official figures, in 2015, the murder rate was as high as 106 murders for every 100,000 inhabitants, and for much of that time we were the most violent country in the world. This had a far-reaching effect on our social fabric, giving rise to family break-ups, irregular migration, worsening poverty, unemployment and informality. It also had an important impact on culture, leisure and education. Generations of young persons were not able to continue their studies for security reasons and because they were recruited by these groups.

What I want to say is that in El Salvador, there were generations of children and young persons who did not know what it was to play freely in parks or to meet up with their friends in the street in front of their houses. Who did not know what it meant to visit their aunts and uncles or their grandparents, for fear of losing their lives.

Our society was so shaken by this problem that violence came to seem normal and we learned to survive with the permanent fear of being killed, suffering the death of a family member, a father, mother, child or brother or sister. The question always existed in the collective conscience of how many more generations we had to lose before El Salvador could overcome this problem. And let me tell you that the answer was never encouraging.

In El Salvador, we have grieved for the deaths of thousands of loved ones, young persons who were denied their future, girls who were humiliated with an overbearing barbarity that it would be difficult to describe in this forum. And we grieved for the deaths of trade unionists, workers and employers who were murdered by the gangs.

The Government of President Nayib Bukele has carried out a successful security plan, which has resulted in a dramatic reduction in delinquency and has reduced the murder rate to a minimum which places us as one of the safest countries in the hemisphere, which has allowed our population to breathe and to dream of being a free and prosperous country, with more and better jobs, and the full exercise of freedom of association and the right to organize.

In this context, it is very important for us to explain the situation in relation to the murders of Weder Arturo Meléndez Ramírez, who was employed by the municipality of San Salvador, and of Victoriano Abel Vega, who when alive was employed by the municipality of Santa Ana. As a State, we greatly regret both cases. Indeed, in the case of Mr Meléndez, it was the Government of El Salvador that lodged the complaint with the ILO, in our firm conviction that no murder of a trade unionist should go unpunished, for which reason we need international scrutiny to clarify the motives of the murder.

As we have indicated in our reports, there have already been results in the case. The investigations have found that the murder was carried out by members of gangs for reasons not related to his union activities. Based on the information gathered by the Office of the Prosecutor General of the Republic and the National Civil Police, we can inform you that exhaustive investigations have been carried out in both cases and we are now at the stage of being able to identify those responsible.

In the specific case of Mr Weder Meléndez, those involved were members of the revolutionary 18 gang. In the early morning of 20 October 2023, in a joint operation with the responsible authorities, 15 gang members were apprehended for the crime of aggravated homicide and unlawful association, including three persons accused of crimes committed in 2020 and 2021, with one of the cases being the murder of Mr Weder Meléndez. We will be providing the corresponding information to the Committee on Freedom of Association.

Every public policy has its pros and cons. The objective sought is the maximum social benefit. This commitment to security in the country has been carried out with the lowest number of civil and military victims possible, which has even given rise to surprise at the international level, but in particular has the support of the immense majority of citizens, who now see a safe environment. It is not us who are saying this, it is being said in the independent survey carried out by think tanks with various ideological leanings, universities and other observers of public opinion.

Now concerns are focusing on the economy and the cost of living, which is entirely normal. Before, the principal concern was to guarantee the fundamental right to life. Now we are in a second phase of ensuring decent employment opportunities. In that regard, based on a renewed agreement with the people of El Salvador, the Government is embarking on economic measures.

The fact of having a safe country is making it possible to promote internal and external tourism, attract investment, reduce the security costs of enterprises and offer conditions of legal security for employers and workers.

This economic and social challenge requires the collaboration of all actors and sectors. It requires the active participation of employers, workers, civil society organizations and all the citizens of El Salvador. It also requires the support and assistance of international organizations, such as the ILO.

Fortunately, this Governmental call for unity has been heard and heeded by all sectors. The people as a whole, unions and employers’ organizations have publicly expressed their support for the Government and the agreement to build a better El Salvador together.

We have accordingly promoted programmes to connect people who are seeking employment and persons who are in need of human talent, modernizing our public employment service and succeeding in placing thousands of workers every year.

Programmes have also been developed to support categories which face the greatest barriers to labour market access, such as single mothers, persons with disabilities, young persons in their first job and unemployed persons over 40 years of age.

We are implementing programmes of subsidies to finance the learning curve of these groups, such as an incentive for enterprises to recruit human talent from these groups. We have thousands of success stories from these programmes.

The national decent work prize has also been promoted and institutionalized to recognize good practices in giving effect to national and international labour standards. The philosophy of the prize is to establish it as a symbol of distinction for all enterprises, so that they all seek to achieve this standard, thereby promoting a culture of compliance with the law.

A national collective bargaining prize has also been introduced, which recognizes the capacity for dialogue between employers and workers for the establishment of better conditions of work, as collective bargaining is one of the primary expressions of freedom of association.

A process of institutional modernization has been promoted which has made it possible to standardize processes and bring services closer to their users through digital platforms, such as the opportunities platform, which is an important tool for the digitalization of services, such as employment placement, the registration of enterprises, the conclusion of individual employment contracts and internal work rules. Any person or enterprise can have access to our platform from anywhere in the country.

With a view to the protection of workers’ rights, we have launched special inspection programmes for the verification of occupational safety conditions in the construction sector, where there has been a high compliance rate with the reports issued, and inspection in the delivery platform sector, thereby achieving social guarantees for the occupational safety of workers. We have guaranteed the conditions of work of professional footballers and municipal employees, and we have ensured year after year the payment of the Christmas bonus.

Similarly, we have created the SOS Workers platform to receive complaints of harassment at work and ensure a response by a specialized team of trained inspectors, as well as from the general inspection service, which responds to all complaints through the various means available for this purpose.

We are about to launch a modern system of inspection with a view to ensuring, not only better conditions for inspectors, but also better facilities for employers and workers to manage their registers, comments and decisions.

We have taken action to combat irregular migration, knocking on doors and launching cooperative action with other countries, with recognition from various organizations.

At the national level, the El Salvador Pensions Institute has been created as a new institutionalized tripartite body that promotes compliance with international social welfare standards.

The Ministry of Labour has launched the design of the Labour Market Information System (SIMEL) as an important tool to give greater transparency to and democratize labour market data and to provide an evidence base for public policy measures. The SIMEL is a useful tool for employers, workers, universities, thinktanks and civil society in general.

We are grateful for ILO technical cooperation in the implementation of the SIMEL. This has made El Salvador into a regional reference point, as the first Central American country, and the second in Latin America, to have a labour information system which meets the standards of developed countries, as confirmed by the ILO.

This is only a sample of the progress achieved over the past five years in the field of labour. El Salvador is very committed to the ILO, as demonstrated by the recent ratification of five international labour Conventions. This had been a historical commitment to the working class and their ratification reflects the political commitment of our Government to international labour standards, which become a source of law to promote the development of better labour policies in the fields of social security, collective bargaining, maternity protection, occupational safety and health and the prevention of harassment and violence in the world of work. We have requested ILO technical cooperation for their application.

Freedom of association is respected in our country, as demonstrated by the existence of various mass manifestations or demonstrations of freedom of expression, in which the working class marched alongside other social movements without importance being given to the degree of affinity of the objectives pursued. These were not repressed or threatened in any way. Indeed, in its respect for freedom of association, the Government has provided a police presence to protect the safety of the participants, open their way along roads and enjoy the use of public spaces without any restrictions.

Moreover, taking into account the comments made concerning the period of validity of the credentials of trade unions, we have already indicated our intention to undertake a comprehensive reform of the Labour Code to extend its scope, and to review other trade union freedoms and rights which have been the subject of comments by the Committee of Experts. However, as it is not a rapid process, the Trade Union Office has been established. The Office has provided advice to unions on 12 278 occasions over the past year. In addition, 526 executive bodies of trade union confederations, federations and branches have been registered, of which 15 are for new trade union organizations, composed of six new federations, two new confederations, six new unions and one new branch union, which demonstrates the growth in the trade union movement in the country. The credentials were issued in an average of five working days, which is a reduction from the ten or 15 days reported previously.

As a country, we express our openness to dialogue and cooperation with the ILO. We are aware of the challenges that are present. We therefore undertake to continue working to overcome these challenges, and we will make efforts to comply with the constitutional requirements of the ILO, ratified Conventions, and of course we undertake to continue reporting the progress made.

We are convinced that we now have a conducive environment to promote the generation of opportunities for and the welfare of our population, and we accordingly invite all the social partners to unite for this purpose.

Employer members – First, we would like to give thanks for the report provided by the Government to the Committee. Congratulations on the many changes. However, unfortunately, we note that none of the changes reported are related to the comments made by the Committee of Experts or the Conference Committee.

Nevertheless, and over and above the explanations provided, we are bound to express deep concern at the situation that is prevailing in the country, a situation that is reflected in a certain way in the report of the Committee of Experts, which continues to emphasize serious failures of compliance by the Government, now with regard to the application of this Convention.

El Salvador ratified the Convention in 2006, and although it is the first time that a case concerning compliance with this Convention has been discussed by the Conference Committee, the Committee of Experts has made observations on six occasions since 2009, and only in 2023 we were discussing in this room the various violations identified in the report of the Committee of Experts concerning the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), when reference was made to facts, omissions and circumstances that are clearly closely related to this case, that is with Convention No. 87, as recognized by the Committee of Experts, and which reveal an attitude of repeated incompliance by the Government, despite the intentions that it has expressed to comply fully and formally with the commitments taken on.

It is not out of place to emphasize that several of the facts related to this case were discussed in the context of the reports of the Committee of Experts on the failure to give effect to Convention No. 144, which have been discussed by this Committee on six occasions in 2017, 2018, 2019, 2021, 2022 and 2023, in which the issues were regrettably recurrent.

It is therefore relevant to recall some of the most pertinent conclusions formulated by this Committee at the Conference in 2023 in relation to issues related to freedom of association and action which amounts to acts preventing the lawful exercise of this right and interference that restricts or undermines it.

More precisely, at the beginning of those conclusions, as a first point, it urged the Government to immediately cease all acts of violence, threats, persecution, stigmatization, intimidation or any other form of aggression against individuals or organizations in connection with both the exercise of legitimate trade union activities and the activities of employers’ organizations, and adopt measures to ensure that such acts are not repeated, in particular for the National Business Association (ANEP) and its members. We have not heard any explanations from the Government on these issues, which we truly regret.

In this regard, the Conference Committee has maintained that full “respect for civil liberties is an essential prerequisite for freedom of association” and that the rights conferred upon workers’ and employers’ organizations can only be exercised in a context of respect and the guarantee of civil and political rights, such as freedom of expression, the safety of persons and the rights of defence and due process, as guaranteed by the prohibition of arbitrary detention. We regret that up to now the Government, to the prejudice of these liberties, has not taken the action required by this Committee and has not, in consultation with the social partners, taken each and every measure that it was urged to adopt by this Committee in 2023. We therefore call for this request to be repeated with a view to their urgent and immediate implementation. We need to take advantage of the good will expressed by the Government to ensure that they are given effect.

In addition, we have to request the Government to provide detailed information indicating the measures adopted to ensure that other acts of hostility and interference are not repeated against workers’ and employers’ organizations, and very particularly against the ANEP and its member organizations and leaders, and that the freedom of employers is fully respected to establish organizations of their own choosing, organize their administration and activities and formulate the programmes without hindrance and without interference by the public authorities.

The Employers also place great emphasis on our concern that, after so much time, we are continuing to see an absence of progress in the investigation of murders of trade union leaders, the proposed reform of the Penal Code and, in general, the lack of compliance with the commitments entered into freely with this Organization. For this reason, it is necessary to send a direct contacts mission to ensure full compliance with the Conventions that have up to now been unjustifiably pending.

The Government has indicated that it is always ready to receive the support of organizations such as the ILO and this proposal goes along with the interest in compliance indicated by the Government, even though there has not been any progress in the measures adopted.

Merely to emphasize the relevance of this request, we wish to recall that the Government, in its statement last year, reaffirmed that it would be “unshakeable in [its] support for the principles of ILO standards”, so that the support of the Organization and its specialists will be key.

With regard to Articles 2 and 3 of the Convention, we echo the request made by the Committee of Experts and we urge the Government to adopt the necessary measures.

With reference to the comments of the Committee of Experts in relation to the right to strike, we make no comment. We recall our position on this subject and we ask for it not to be referred to in the Committee’s conclusions.

We note a series of violations that require urgent action. In particular, we call on the Government to make greater efforts and to make progress with the proposed legislative reform.

The Employers note the references made by the Government to a series of constitutional and legislative reforms, including a reform of the Labour Code which, according to what we are told, is under examination by the Legislative Assembly. In this regard, we request the Government to provide detailed information on the content and stage of the parliamentary examination of these reforms, as well as on the processes of consultation undertaken with the representative organizations of employers and workers.

We also take note of the references made by the Government to credentials and registers, but we nevertheless urge it, in consultation with the organizations, to take the necessary measures to revise the rules applicable to registration of the executive bodies in order to guarantee the right of organizations to be established freely.

We once again give thanks to the Government of El Salvador for the information provided and we emphasize our enormous concern at this case, in which the situations discussed on the basis of the report of the Committee of Experts have been continuing for a long time and require the Government’s urgent attention, and follow up by this Committee and the other ILO supervisory mechanisms. Of greater importance, and indeed urgency, is for the Government to receive ILO technical assistance to strengthen its capacities and hold effective consultations with the most representative and independent employers’ and workers’ organizations.

Before ending, we would like to inform the Committee that we have noted other issues that reveal an attitude that is the contrary of the one indicated by the Government to us, of the unshakeable commitment to the values and principles of the ILO that it vaunts, a turn of phrase which makes us very calm. But there is no coherence between what the Government says and what is happening.

Thirty years ago, the El Salvador Institute for Vocational Training (INSAFORP) was created, which is tripartite in composition and financed through employers’ contributions of 1 per cent of the payroll in the formal sector. This institution has recently been abolished by the Government, in December last year, and replaced by a new one, currently only under the management of the Government, without the involvement of the social partners. Even though employers’ contributions are maintained, only 20 per cent of those resources will be used for training. This reveals a series of problems in itself, as the participation has been ended of workers and employers, and the proportion of funding assigned to aspects relating to training has been reduced.

I reserve the right to make certain additional comments in my second intervention.

Worker members – This is the ninth consecutive time that our Committee has examined a case from El Salvador. In the past nine years, we have analysed compliance with Convention No. 87 on two occasions, in 2015 and 2016, although with another Government.

In our last analysis of El Salvador, regarding issues related to Convention No. 144, the Workers’ group noted some progress made by the Government. In particular, we welcomed the ratification of several ILO Conventions in response to demands from Salvadoran trade union organizations. Many of these positive steps were a consequence of the High-Level Tripartite Mission of the ILO that took place in May 2022. However, since then, we regret that several commitments made by the Government have not been fulfilled.

The Committee of Experts once again mentions the lack of concrete progress regarding the murder of union leader Victoriano Abel Vega in 2010. The Committee on Freedom of Association has also urged the Government and the competent authorities to make every effort to identify and punish those materially and intellectually responsible for this crime.

For several years, the Committee of Experts has requested the Government to take the necessary measures to review various constitutional and legislative provisions that do not comply with the Convention. Among the legislative changes recommended by the Committee of Experts are Articles 219 and 236 of the Constitution and section 73 of the Civil Service Law, which exclude certain categories of public servants from the right to unionize. Also, section 211 of the Labour Code establishes the need for a minimum of 35 members to form a workers’ union.

Additionally, the requirement to be Salvadoran by birth to be a member of a union’s board of directors hinders the organization of migrant workers, particularly in sectors where they are more present, such as the construction industry and agricultural work.

One of the greatest obstacles to the exercise of trade union freedom, and which has been the subject of conclusions by our Commission for several years, is the requirement established in the Labour Code that obliges workers’ organizations to renew the composition of their boards of directors every 12 months. For many workers’ organizations, the credential extension process lasts up to nine months, causing various hardships, including the inability to request labour inspections, not being authorized to collect union dues, the immobilization of their bank accounts, and even the inability to negotiate collectively.

The Committee on Freedom of Association has made specific recommendations regarding the excessive requirements for the registration and delivery of credentials to union executive councils, such as the submission of copies of unique identity documents and pay stubs to verify that board members are Salvadoran by birth or to verify the type of contract with the worker. But to date, none of these recommendations have been implemented.

The Government indicates that the aforementioned constitutional and legislative reforms, including a reform of the Labour Code, are under study in the Legislative Assembly. However, it is very concerning that the Labour Committee of the Legislative Assembly was dissolved on 1 June 2024, ten days ago. To date, it is not known which of the new committees will handle the issues that were previously under the jurisdiction of that committee. Therefore, any reform of the legislation or the Constitution that was with the dissolved committee could be shelved, as often happens in such cases.

At the June 2023 meeting, our Committee urged the Government to reactivate the full functioning of the Higher Labour Council and other tripartite bodies. In particular, it requested the Government to ensure the development and adoption of clear, objective, predictable, and legally binding standards to guarantee their effective and independent functioning, without any external interference.

However, according to information we have received from the country’s social partners, the Higher Labour Council has not met since its session on 5 May 2022, when it was attended by the High-Level Tripartite Mission of the ILO.

Moreover, in other tripartite instances, such as the Salvadoran Social Security Institute, there has been no union representation since June 2023. The INSAFORP has been completely dissolved, and in its place, a new organization has been created with only Government representation.

The effective application of the Convention by El Salvador remains deficient. Serious legislative restrictions and practices continue to limit trade union freedom and the right of workers to organize. Excessive bureaucratic requirements and the lack of genuine social dialogue have hindered the development of a truly free and autonomous trade union environment.

Therefore, it is urgent for the Government to take concrete measures to eliminate these barriers and to ensure that all workers, without discrimination, can fully exercise their freedom of association rights.

Worker member, El Salvador – We thank the Government, workers and employers and the spokespersons of the respective groups for their reports and the positions that they have shared.

I am speaking today on behalf of the Trade Union Unity Confederation of El Salvador, the organization that brings together the vast majority of legally accredited trade union organizations, federations and confederations in El Salvador, which represent the authentic trade union movement and the comprehensive principles of trade unionism in El Salvador.

Firstly, the labour movement deplores the murder in 2020 of our colleague and trade union leader Weder Arturo Meléndez Ramírez, and we have asked the Government to clarify the circumstances of his death and ensure that the perpetrators are brought to justice. We would like to acknowledge the exhaustive investigations undertaken by the competent authorities which have resulted in the murderers being identified and subsequently detained. We hope that their roles in his murder will be determined in accordance with the law and sentences handed down in line with their crimes, and that the Government will monitor the case and ensure that it reaches a conclusion. We have the same hopes for the case of Victoriano Abel Vega.

In our view, this is representative of freedom of association in El Salvador. While we regret the historic level of endemic evil of the gangs in our country that claimed so many victims, including colleagues in the trade union movement, the security measures implemented in response are also strengthening the full exercise of freedom of association.

As the authentic trade union movement, we would like to recognize the manner in which the Government of El Salvador has confronted crime head-on, how it is liberating our country from the cancer of the gangs that for so many years brought pain and grief to the families of El Salvador. We are the ones who witnessed many of our work colleagues and family members die at the hands of the gangs, it was our worker colleagues who risked their lives day after day to go to work or to carry out their daily activities. The increase in security therefore principally benefits workers and their families, as well as society as a whole. It also provides a secure environment for trade union activity.

Proof of this is that on 1 May 2024, for the second consecutive year following the COVID19 pandemic, we organized a mass march in memory of the martyrs who, throughout history, have given their lives to improve working conditions.

I wish to remind you, particularly the trade union representatives who have been here for many years, that this was not possible five or ten years ago due to the repression of the trade union movement. Back then, however, those persons who now claim that the situation is serious did not raise their voices to denounce what was happening. We would like to think that this was because they felt the same fear as us, and not because they sought to benefit personally.

We can confirm that currently in El Salvador there is respect for trade union activity, free from repression, allowing the trade union movement to participate in dialogue bodies to contribute to the country’s economic and social development. It is therefore deeply regrettable that there are movements that promote hate speech both nationally and in the international community under the banner of trade unionism.

We wish to emphasize that, as the authentic trade union movement, we do not support the actions of a small group of trade unionists who have made death threats against public officials or those who have used intimidation for political and private purposes, which does not reflect trade union values. We believe that it is important to promote dialogue and partnership, and we therefore urge the Government to continue with the measures implemented in that regard.

Last year, in this very place, the representative of the Trade Union Unity Confederation of El Salvador highlighted the hypocrisy of the employer representatives, who were using and politicizing this forum. In our view, this has evolved from an inconvenience into a source of frustration, as private newspapers in El Salvador have published large numbers of reports of accusations apparently made by the trade union movement, but that are in fact voiced by a minority sponsored by the ANEP. The articles even report that there have been meetings with ILO bodies, but the authentic trade union movement has not been included in those forums. I therefore repeat our call from a year ago for the authentic trade union movement to be included in international discussion forums and those relating to El Salvador.

We welcome the acknowledgement of trade union work at the national level through the recognition of measures to promote decent work and collective bargaining.

We urge the Government to continue its strategy to secure economic growth focusing on employment generation. As the authentic working class, we will always focus on the progress of the most disadvantaged groups, and we are confident that an environment of security is a determining factor in promoting economic growth. We therefore encourage the representatives of employers who have yet to join those national efforts to leave party political interests to one side and give greater support for development.

We also ask the Government to ratify the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), as we are committed to fighting for continuous improvements in the safety and health of our worker colleagues. At the same time, we appreciate the progress made in this area by employers in the construction sector who have taken heed of the workers’ recommendations and requests, with a reduction in the number of accidents in this sector over the past year, thereby illustrating the will to respect workers’ fundamental rights and regulate labour relations to bring about and maintain industrial peace.

We acknowledge the creation of the SIMEL, the first such system in Central America and the second in Latin America, which serves to democratize information and render it transparent, thereby contributing to decision-making.

We call on employers, workers and the Government to engage in ongoing dialogue in accordance with the principles of transparency, respect and mutual recognition in order to achieve the shared vision of improving working conditions for the workers of El Salvador, guaranteeing labour stability and freedom of association.

We call for the reforms of the current Labour Code to be promoted to ensure that the legal status of trade unions is recognized in a timely manner. We welcome the efficient delivery of credentials by the National Department of Social Organizations of the Ministry of Labour and Social Welfare as a result of the establishment of the Trade Union Office, the advice and guidance of which has assisted our trade union colleagues in receiving their credentials within five to ten days.

Honourable members of the Committee, on behalf of the Trade Union Unity Confederation of El Salvador I can say with certainty that, although there remain challenges in our legal framework, trade unionism in El Salvador is growing, with increasing numbers of trade unions, branches and federations joining us, which fills us with hope.

As worker representatives, we reaffirm our commitment to working together to create decent working conditions, thereby bringing about a better El Salvador, and we reiterate our urgent call on other trade unions, employers’ organizations and the Government to refrain from political discourse that serves only to hinder concerted national action.

We also reiterate our fraternal request to international workers’ organizations and ILO bodies to listen to the united trade union movement as a whole, rather than smaller representative bodies. Finally, we invite the Government and the ILO to agree on the technical assistance measures needed to address our requests and strengthen the positive progress that we have recognized.

Government member, Belgium – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries, Albania, Montenegro, North Macedonia, Republic of Moldova and Ukraine, and the European Free Trade Association country, Norway, member of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the respect, protection, and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

The EU and its Member States stand with the people of El Salvador and are committed to strengthening our political and trade ties, as well as our important cooperation portfolio. The EU-Central America Association Agreement provides a framework for further developing our partnership, including through cooperation on trade, sustainable development and the effective implementation, in law and practice, of the fundamental ILO Conventions. Furthermore, we have established a Memorandum of Understanding on Bilateral Consultations, which will allow for intensified bilateral engagement and dialogue with El Salvador.

We note with concern the allegations brought forward by the ANEP concerning the defamation and intimidation of the organization and of its President. Despite the requests of the Committee on Freedom of Association and this Committee, which have already examined this issue in 2022 and 2023, continued interference by the Government with the organization is reported by the International Organisation of Employers in its submission of November 2022. We understand that open public hostilities against ANEP have ceased over the last year, nevertheless interference in the autonomy of the organisation continues. The previous acts of intimidation seem to have effectively diminished the role of the ANEP. We also note that no employers’ representative has been accredited as part of the delegation of El Salvador. We request the Government to indicate which measures it has taken to reestablish an open dialogue with the ANEP and to stop interfering in its activities.

Regrettably, we note the lack of tangible progress in the investigation of the murder of trade union leader Victoriano Abel Vega, and the lack of information on progress in the investigation into the murder of Weder Arturo Meléndez Ramírez, despite the continued requests of the Committee on Freedom of Association. We call on the Government to deploy all necessary efforts to identify the instigators and the perpetrators and conclude the investigation. In this regard, we note the Government’s proposal to reform the Criminal Code, with a view to improving the protection of freedom of association for trade union leaders and members. We echo the call of the Committee of Experts to provide information on the progress achieved on this matter.

We call on the Government to make meaningful progress on long-pending legislative reforms in order to amend several legislative and constitutional provisions, in consultation with the social partners, on all matters referred to by the Committee of Experts to abolish restrictions on freedom of association and the right to organize.

The Government indicates that several of the proposed constitutional and legislative reforms are under examination by the Legislative Assembly. The Government mentions the establishment of a Trade Union Office, which has facilitated the issuing of trade union credentials and registrations. We however echo the Committee’s call to stop the delayed issuing of credentials for workers’ and employers’ organizations, including the ANEP. We furthermore encourage the Government to simplify the requirements for the registration of unions and as regards the prison sector to ensure the full recognition of the right to organize of workers. We note and welcome the commitment of the Government to undertake these reforms and its intention to continue engaging in dialogue with the social partners.

The EU and its Member States remain committed to a joint constructive engagement with El Salvador, with the aim of strengthening the Government’s capacity to address the issues raised in the Committee of Experts’ report.

Government member, Mexico – I am making this intervention on behalf of a large majority of countries of the group of Latin American and Caribbean countries (GRULAC). We thank the Government of the Republic of El Salvador for the feedback provided in relation to compliance with the Convention. We appreciate the information provided on the investigation of the murder of trade unionist Mr Weder Arturo Meléndez and we encourage the Government of El Salvador to continue reinforcing measures for the legal protection of trade unionists in El Salvador.

We note the progress reported by the Government of El Salvador and we invite it to continue ensuring the legal security of workers and employers, and to bear in mind the provisions of the ILO Constitution and of its ratified Conventions in all the measures adopted at the national level.

We also give thanks for the information provided on the efforts made by the Government to make employment opportunities available to vulnerable groups and its commitment to give effect to the Conventions ratified in June 2022.

In light of the above, we welcome the commitment of the Government of El Salvador to the application of the Convention, and we encourage the ILO to continue providing technical cooperation to the Government of El Salvador.

Employer member, Colombia – First, it is important to take into consideration the fact that this is the seventh time that compliance by El Salvador with ILO Conventions has been examined by this Committee. Now it is Convention No. 87. Last year the Committee adopted a series of conclusions, but regrettably the most serious issues raised by the Employers have persisted.

In this regard, I would like to refer to two aspects of the case.

In its report on compliance with Convention No. 87, the Committee of Experts refers to Convention No. 144, and particularly Article 2, which sets out the commitment to hold effective tripartite consultations and is fundamentally based on social dialogue, which is an essential means of developing joint proposals by workers, employers and the Government.

We reiterate that it is of the greatest importance for consultations to be held in a context of good faith and trust, in which employers and workers are able to express their views, analysis and proposals to achieve true agreements and move forward in the quest to improve industrial relations through social dialogue. These consultations can only be carried out in respect of the freedom of employers’ organizations, which requires the Government to recognize the ANEP as the most representative organization of employers in El Salvador.

Second, in relation to the representatives of workers and employers, it is important to emphasize that they have to be freely elected and be represented on an equal footing, as set out in Convention No. 87 and Convention No. 144 in Article 3.

The Committee of Experts has indicated repeatedly that it is for workers’ and employers’ organizations to determine the conditions for the election of their leaders, and that the authorities should refrain from any undue interference in the exercise of this right.

In view of the above, we note with concern that the Government, on the one hand, is continuing to disregard the ANEP as the most representative organization of employers in El Salvador and, on the other, has not accredited employers to participate in this conference, in disregard for the spirit of the ILO Constitution and thereby denying the right of the most representative organization of employers to nominate its delegates.

This violation forms part of an environment in El Salvador in which freedoms are denied, and particularly freedom of association.

In conclusion, we request the Government, in respect for and compliance with Convention No. 87, and with ILO technical assistance, to respect freedom of association and to recognize the ANEP as the most representative employers’ organization.

Government member, Paraguay – In the first place, Paraguay recognizes the work carried out by the Government of the Republic of El Salvador in providing information on compliance with the Convention.

Paraguay also appreciates the efforts made and all the measures adopted to investigate the murder of the trade unionist Mr Weder Meléndez and urges the Government of El Salvador to continue guaranteeing the lawful protection of trade unionists.

We also welcome the progress described by the Government of El Salvador in aligning its action with the provisions of the ILO Constitution and ratified Conventions.

We further emphasize the information provided on the initiatives adopted for the provision of employment opportunities for vulnerable groups and the commitment to give effect to the Conventions ratified in June 2022.

Finally, we appreciate the commitment of El Salvador to give effect to the Convention and we encourage the ILO to continue providing technical cooperation to all Members to make progress in the application of the various Conventions.

Employer member, Honduras – As employer representatives, we are concerned at the direction in which social dialogue in El Salvador is heading, away from respect for the most representative employers’ and workers’ organizations, and the failure to acknowledge that social dialogue is the only mechanism that can contribute to legitimizing and strengthening democracy.

The ILO must promote institutionalized dialogue and social partnership to build consensus that facilitates a process of development with inclusion and social justice, based on the promotion of decent work for all. We therefore request respect for the right to social dialogue of the most representative organizations in El Salvador, and in this case the ANEP, an organization that has been excluded from the various tripartite consultation forums, such as in the recent case of the closure of INSAFORP by decree and the creation of a new vocational training institution without the involvement of employers’ or workers’ representatives.

In recent years, the Committee has been examining the case of El Salvador, without being able to note any progress in the functioning of social dialogue, where we continue to see the same violations of Convention No. 144, which I will list:

• (1) structures and processes for effective tripartite consultation have not been established, with the Government of El Salvador adopting an intentionally passive role, creating an uncertain political climate in terms of development and social progress policies;
• (2) a policy to discredit the ANEP has been implemented with the aim of weakening it as an organization;
• (3) the Government of El Salvador has failed to fulfil its obligation to consult the ANEP as the most representative organization of employers, thereby violating Article 5 of Convention No. 144.

For these reasons, we request the Committee to adopt effective measures to ensure respect for the independence of ANEP as the most representative organization of employers in El Salvador, thereby allowing it to participate fully in the various tripartite dialogue and consultation forums.

Worker member, Uruguay – The Committee of Experts has no option than to repeat in its report the same facts and failures to comply with international standards on freedom of association caused by the failings of the successive governments of El Salvador.

This long and repeated series of obstacles to the full exercise of freedom of association includes serious violations of the right to life and security, as well as legislative reforms that are announced but never implemented, resulting in a legal regime that significantly limits trade union activity.

There are provisions across the length and breadth of legislation, and in some cases in the Constitution itself, that raise unsurmountable obstacles to the development of trade union organizations.

We refer, for example, to the exclusion of some categories of public officials from the right to organize, the ban on workers joining more than one trade union, the need for at least 35 members to form a trade union, employers’ certification of the employment status of the founding members of a union during the process of registration and the various ways in which the right to strike is limited.

We are also extremely aware of the arguments and promises surrounding the existence of a process of legislative reform that is never completed, and we know that the holding of tripartite meetings, such as at the Higher Labour Council and the National Minimum Wage Council, is always around the corner, but also always delayed.

This includes the observations of the Committee of Experts which take up the recommendations of the Committee on Freedom of Association on the excessive requirements for the registration of and issuing of credentials for union executive boards, such as the submission of copies of identity documents and payslips to verify whether executive board members are Salvadoran by birth or to verify their type of employment contract.

We note with concern the scant replies of the Government of El Salvador here, to this Committee, with regard to the subject under examination and the observations of the Committee of Experts in relation to the implementation of the Convention.

Freedom of association in El Salvador requires definitive affirmation giving effect to the commitments that the Government has set out in its reports and to the Conference Committee. The trade unions will repay this recognition with democratic participation for the benefit of the country as a whole.

Employer member, Costa Rica – Costa Rican employers note with grave concern the case of the repeated violations of the Convention by the State of El Salvador.

This is a fundamental Convention, and, as indicated by the ILO itself, such Conventions are fundamental to the rights of human beings at work, irrespective of the level of development of individual Member States. These rights are a precondition for all the others in that they provide a necessary framework from which to strive freely for the improvement of individual and collective conditions of work.

These Conventions provide the foundations for the functioning of the international labour standards system. A society that does not promote social dialogue and does not ensure, at the domestic level in each country, the participation of employers and workers is not a full democracy and will not achieve equitable terms and conditions of employment or decent working conditions for the benefit of all.

Disregarding the role of the most representative organizations, whether of employers or workers, and forcing their members to give up their membership through the refusal of routine and special authorizations which are administered by public offices, and which are required by enterprises to function, such as construction, export, import, health and environmental permits, are coercive and abusive practices that are in violation of freedom of association as set out in the Convention.

Like the Committee of Experts, Costa Rican employers urge the Government of the Republic of El Salvador to refrain from its ongoing acts of hostility, intimidation and aggression and from interfering in the establishment and activities of employers’ and workers’ organizations, and particularly the ANEP.

Social dialogue and tripartism require the existence of solid and independent employers’ and workers’ organizations with technical capacity and access to the necessary information, political will, respect for the parties involved and the commitment of all to respect fundamental rights, including freedom of association. It is therefore important for the ANEP to be allowed to participate in the appropriate social dialogue forums so as to strengthen democracy, which will inevitably benefit the country’s development.

Finally, we request the Government to reinstate the ANEP in tripartite dialogue forums as the most representative employers’ organization in El Salvador.

Worker member, Mexico – I am speaking on behalf of the National Union of Workers of Mexico to comment on the persistent situation of the systematic violation of the Convention. One illustration is the requirement of 35 members to establish a union of workers in the public sector. The Committee on Freedom of Association has considered that a minimum of 20 members to establish a union does not appear to be too high, but that the requirement of a minimum of 35 is an obstacle to the establishment of unions and is not in accordance with the Convention, as it is in violation of the right to establish unions through the imposition of conditions that are difficult to meet.

It is absolutely unacceptable for the Government of El Salvador to continue delaying the delivery of credentials for workers’ organizations, which is a practice that is in clear violation of the right to organize. This administrative obstacle not only prevents the effective operation of organizations in El Salvador, but also undermines their capacity to adequately represent and defend the interests of their members. By raising obstacles to the process of accreditation, it is denying workers the fundamental right to associate and to organize freely, which is an essential pillar of any democratic and just society.

The Committee on Freedom of Association has repeatedly indicated that delays in the registration of organizations and excessive discretion by the competent authorities are serious impediments to the establishment of unions. These practices are a flagrant violation of the Convention, which guarantees the right to establish organizations without previous authorization. By persisting with these measures, the Government is not only disregarding international standards, but is also eroding confidence in institutions and violating the rights of workers by undermining the very basis of freedom of association.

And the requirement to be a national of El Salvador by birth to be a member of the executive board of a union constitutes discrimination on grounds of nationality against foreign nationals in relation to holding trade union office, which is contrary to the provisions of the Convention and is a situation that must not continue.

It is imperative for the Government to accept technical assistance to bring the domestic legislation into compliance with the principles of freedom of association and the right to organize. The harmonization of national laws with these principles is fundamental for the promotion of social dialogue. We therefore call on the Committee to urge the Government of El Salvador to take specific and proactive measures to take advantage of the technical assistance that is provided and ensure full respect for the principles of freedom of association and the right to organize.

Employer member, Mexico – The Employers’ delegation of Mexico expresses deep concern at the action and behaviour of the Government of this country. It should be emphasized that El Salvador has been brought before the Committee on more than six occasions for various violations of Conventions, most recently in 2023 for Convention No. 144. It should also be emphasized that the Committee of Experts has made over nine observations since 2013, the most recent of which was in 2023.

It is important to note that in 2023 the Conference Committee urged the Government to immediately cease all acts of violence, threats, persecution, stigmatization, intimidation or any other form of aggression against individuals or organizations in connection with both the exercise of legitimate trade union activities and the activities of employers’ organizations, and adopt measures to ensure that such acts are not repeated, in particular for the ANEP and its members.

It should be recalled that the 2024 World Report on human rights indicates that, in El Salvador, in relation to freedom of association and assembly, the Government was undermining the independence and effectiveness of trade unions. The Government has also imposed unjustified restrictions on the processes of the registration of unions and the accreditation of their officers, while the Government and its allies in the Legislative Assembly have systematically dismantled the system of democratic checks and balances.

It is clear that the Government took note of the High-level Tripartite Mission, which was accepted by the Government in May 2022. However, unfortunately, five ILO Conventions were ratified by El Salvador without consulting the most representative employers’ organizations.

That is why we are calling for the inclusion in the Committee’s conclusions of a repeat of the call for the Government to refrain from any aggression or interference in the establishment and activities of employers’ organizations, and particularly the ANEP, to respect the full independence of the most representative employers’ organizations and to ensure their full operation through social dialogue without any interference.

Employer member, Argentina – The employers from Argentina are grateful for the information provided to this Committee by the authorities of El Salvador. However, in view of the elements in this case, we are bound to express deep concern at the situation of serious breaches of compliance with the principles of freedom of association.

Despite the fact that it is the first year that the application of this Convention has been discussed by the Committee, we note with concern that measures have not been taken to give effect in the country to the recommendations made by the Committee in 2023 which, even though they related to Convention No. 144, are fully relevant to this case.

In its 2023 conclusions, the Committee noted with deep concern the multiple allegations of interference by the authorities in the appointment of employers’ and workers’ representatives in public tripartite and joint bodies, and urged the Government to immediately cease all acts of violence and intimidation and to refrain from any undue interference in the internal affairs of employers’ and workers’ organizations. These requests continue to be topical.

In this regard, it is necessary to emphasize that in the Conference Committee the position has been maintained that: full respect for civil liberties is an essential requirement for the exercise of freedom of association and that the rights conferred on workers’ and employers’ organizations can only be achieved in a context of respect and guarantees for civil and political rights, including freedom of expression, the security of the person and the rights to legal defence and due process, as a guarantee of the prohibition of arbitrary detentions.

We hope that the commitment expressed by the Government will be translated into the early implementation of the necessary measures to guarantee the cessation of all acts of violence, intimidation or any other form of aggression against persons or workers’ and employers’ organizations, and that measures will be taken to ensure that such acts do not reoccur, particularly in relation to the most representative employers’ organization in the country, the ANEP, and its members.

We note the request made by the Government for technical assistance and we encourage it to work with the Office to follow up the recommendations made by this Committee to ensure the conformity of national law and practice with the Convention.

Employer member, Brazil – As you know, this is not the first time that this case has come before this Committee, or the Committee on Freedom of Association. The ILO has been examining the continuing contempt by El Salvador for the principle and fundamental right of freedom of association and the right to organize, particularly as it pertains to employers, for almost a decade.

Over the past 12 months, as part of its comments on Convention No. 144, the Committee of Experts and the Conference Committee have recognized that ANEP’s rights as a representative of employers have not been respected in recent years. It has been highlighted that the situation remains broadly the same and has worsened in some respects.

It should therefore be emphasized that the 2024 report of the Committee of Experts, after summarizing the observations of the International Organisation of Employers that the ANEP continues to suffer from aggression and interference, contains an explicit request for an end to all acts of violence, threats and stigmatization against individuals or organizations to with a view to guaranteeing, in law and practice, freedom of association and the right to organize, which protects both employers and workers.

I reiterate: disregard for freedom of association and the right to organize is a matter of the utmost seriousness in the employers’ view. Not for nothing are they fundamental labour principles and rights, meaning that there is an increasingly urgent need to resolve this persistent case of El Salvador.

There is therefore no doubt of the need for this Committee to adopt the necessary measures to restore and guarantee the independence of employers’ representation in El Salvador. It is also necessary to restore the right of enterprises to exercise freely their right to association. We therefore understand that the ILO will continue to take action, while affording the case the necessary urgency, to restore respect and independence to the representatives of employers in El Salvador, and particularly the ANEP.

Employer member, Chile – Freedom of association, as envisaged in the Convention, is derived from the right to organize, and the related Conventions recognize and protect the rights of workers and employers. The Convention is clear in recognizing that States have to guarantee the exercise of freedom of association, without imposing arbitrary conditions or requirements for the establishment and functioning of workers’ and employers’ organizations.

The Committee concluded last year that in El Salvador there are multiple forms of interference by the authorities in the nomination of employer and worker representatives on tripartite and joint dialogue bodies. Regrettably, we have to say that this situation has not changed, and is prejudicial to the activities of the ANEP in its capacity as the most representative organization of employers in El Salvador.

There is also a point that should be emphasized, as it is not always heard: the work of employers’ organizations is to promote free private initiative and the best possible conditions for the creation of more and better sustainable enterprises. In this regard, it is their duty to put forward proposals to the authorities that are in office to facilitate entrepreneurial activity and the generation of formal employment.

This is worth emphasizing as Governments sometimes think that employers’ organizations engage in and promote political activities. In this regard, it should be specified that everyone has the individual right to hold political views, but that employers’ organizations work on behalf of the general interests of their member enterprises, irrespective of whether the Government that is in office is on the left, the centre or the right.

Finally, it should be recalled that freedom of association is both positive and negative, because no person or enterprise can be denied the right to join a union or an employers’ organization, but no one can be required to do so in order to be able to work or engage successfully in entrepreneurship. This is very important, because there can always be the temptation to create unions or employers’ organizations that are close to the Government that is in office, which is in violation of freedom of association.

Finally, we call on the Government of El Salvador to take up once again as soon as possible dialogue with the most representative employers’ and workers’ organizations in the country, and to cultivate a genuine and sincere reunion between the various social partners with a view to rekindling the social dialogue that is required in El Salvador for the joint pursuit of the common good.

Observer, International Organisation of Employers (IOE) – I am speaking on behalf of the International Organisation of Employers, an organization that brings together independent employers’ organizations from over 145 countries. As indicated in previous interventions, the case of El Salvador in relation to the violations of various Conventions has been examined by the Conference Committee and the Committee of Experts for over eight years.

It is clear that the Government of El Salvador has committed and is continuing to commit acts of interference, threats and intimidation against the most representative employers’ organization, the ANEP.

Ultimately, these acts have been channelled through direct threats to enterprises or the presidents of the member associations of the ANEP. They are required to withdraw their membership of the ANEP and they are even issued with threats against their assets.

The Committee of Experts continues to urge the Government, in consultation with the social partners, to take as soon as possible each and every measure that it has been requested to adopt by the present Committee with a view to ceasing hostilities.

This year, the ANEP has not been accredited to participate in this Conference. If the Government excludes the ANEP from tripartite representation in international meetings, what can happen on a daily basis at the national level is clear. However much the Government representative fills this Committee with words, the facts show that the ANEP continues to be excluded.

The Government of El Salvador claims improvements in individual security and political stability. We are convinced that there can be no sustainability without the rule of law and freedom of association, which is what we are examining in relation to this Convention.

Respect for freedom of association has to be ascertained irrespective of the colour or ideology of the Government, including in the case of Governments which are presumed to favour enterprise development. This is what makes us credible. Action that is so flagrantly and obscenely detrimental to the rule of law, the independence of the judiciary and freedom of association is not sustainable or compatible with the ILO’s fundamental principles and rights. Anyone who wishes to examine in greater depth the situation in El Salvador barely needs to refer to all the various media reporting violations of freedom of expression.

Once again we consider this to be a case of concern and we urge the Government to adopt measures that respect the representativeness of the ANEP. Any measure adopted in this respect, I would like to emphasize, will have our constructive support.

Chairperson – There are no more requests for the floor. So, now I invite the Government representative to take the floor for his final remarks.

Government representative – We have taken note of the comments made by workers’ and employers’ representatives and Governments. Despite our knowledge of this Committee, we are surprised by the language used in their statements. In our case, we have come to provide our report with the best will to address and clarify the comments of the Committee of Experts. Nevertheless, despite noting that this openness is not shared by all parties, we will respond to the comments made here.

With reference to the progress made in the cases of the trade unionists, namely Victoriano Abel Vega and Weder Arturo Meléndez, I reiterate the information provided in my initial intervention.

With regard to Mr Meléndez, I have indicated that the Office of the Prosecutor-General of the Republic identified and captured those responsible, who were three members of the 18 revolutionaries gang, who are awaiting trial and, once the final judgement has been handed down, we will provide the relevant report to the Committee on Freedom of Association. We consider that, in the context of the criminality experienced by the country, the current outcome is very significant.

On the other hand, in the same way as in the case of Mr Meléndez, exhaustive investigations have been carried out in the case of Mr Vega which, as I said early, are at the stage of the identification of those responsible with a view to bringing them to trial. It should be recalled that this case had been shelved by the judicial authorities and that it was precisely the present Government which requested its re-opening with a view to a prompt and final conclusion. In our respect for the separation of powers, and in our awareness of our duties, we will follow up the progress made.

With reference to the comments on the ANEP, we wish to emphasize that the action of the various employers’ organizations is fully respected in the country, including that of the ANEP. This includes the free and independent election of its representatives. All of its leaders, in the same way as all citizens, are assured of the right to freedom of expression and association. This does not preclude the possibility of informing you of the real situation concerning the ANEP.

We are surprised by its proclamations and its allegations would appear to be eminently political, which is in the nature of the ANEP. I have here copies of the publications issued by the member organizations of the ANEP: the American Chamber of Commerce of El Salvador, the Chamber of the Textile Industry, the Chamber of the Construction Industry, the Corporation of El Salvador Exporters, the Pharmaceutical Industry, the El Salvador Association of Cattle and Dairy Industries, the Chamber of Commerce and Industry of El Salvador, the El Salvador Industrial Association, the El Salvador Coffee Association and the German Chamber of Commerce and Industry. All of these are affiliates of the ANEP and they all show support for the Government, and they have all shown their commitment to building a better country together.

The position of the ANEP is contrary to the sectors that it claims to represent, which therefore raises a reasonable doubt about its representativeness, and moreover, there are thousands of employers of all sizes and sectors who indicate that they feel safe. They previously suffered the death of their employees and enormous extortion. They express their support and commitment to benefiting from this forum for the generation of opportunities and entrepreneurship in the country.

It should be known in this Committee that the ANEP never denounced the situation at the international level during the 20 years of the ARENA Government, as they were the ones who took over the State.

During the ANEP governments, bipartite bodies were created and they never worried about including workers in those bodies. The considerations put forward by the ANEP correspond to its partial ideology which prevailed in the country at that time. It was its leaders who took the decisions within the Government, who placed in power and ejected presidents and ministers, and who decided which laws to approve and which would not be. It is simply the memory they have of other times that makes them wish to stay in the bodies under discussion, but for political, not entrepreneurial reasons.

Nevertheless, in awareness of its political nature, the ANEP can be active in our country and is fully respected and can do so in a climate of total security.

With regard to the need for labour reforms, this is a subject that is well known and we agree that the requirements for the establishment of unions need to be reduced, while extending the validity of credentials and reducing the procedures for their delivery, reducing the number of workers required to establish a union and the possibility to belong to more than one union, among the other matters commented by the Committee of Experts.

We are aware that we have a Labour Code that dates from 1972 and no longer corresponds to the real situation in the world of work now. Moreover, it contains many heavy restrictions on the defence of workers’ rights and prerogatives that were established by the groups holding power at the time. This is a challenge that requires broad discussion and consensus from all sides. We therefore invite them to contribute to this process of discussing the reform of the Labour Code, and we request ILO technical assistance for that purpose.

With reference to the dissolution of bodies and the creation of new bodies, this is in line with a process of the modernization of the State, which has all been undertaken following the procedures and bodies set out by law.

In relation to the accreditation of employers, it should be noted that the report has already been submitted to the Credentials Committee.

We note the broad interest displayed by Employers in this case. We therefore take advantage of the occasion to extend an invitation to our country to see the conditions through their own eyes. We also invite them to promote conditions for the generation of decent jobs, which is one of the main objectives that we have to pursue.

As time does not allow us to address individually all the comments made, we have taken note of them and we will prepare the corresponding reports to the ILO supervisory bodies, but not without first reiterating our request for ILO support and technical cooperation with a view to making progress in giving full effect to freedom of association in El Salvador.

Worker members – During previous sessions of our Committee, the Worker members acknowledged some progress by the Government, such as the ratification of several ILO Conventions in response to demands by trade union organizations. However, it is evident that these advances have been minimal and mostly symbolic, as many of the commitments made have not been fulfilled since the High-Level Tripartite Mission of the ILO in May 2022.

The Committee of Experts has repeatedly highlighted the lack of concrete action regarding the murder of union leader Victoriano Abel Vega in 2010. Despite repeated requests from the Committee on Freedom of Association for the Government to identify and sanction those responsible, no real progress has been made. I welcome the statement by the Government that this will be done in the short term. But let us hope.

Additionally, the Government continues to ignore recommendations to review constitutional and legislative provisions that exclude certain categories of public servants from the right to organize and hinder the formation of unions.

The requirement to renew union executive boards annually, established in the Labour Code, is a clear obstacle to trade union freedom. This is a very bureaucratic process, it can take up to nine months, sometimes five days, but also nine months, and this paralyzes union activity, it prevents requests for labour inspection, it blocks collective bargaining and the Government has ignored recommendations to eliminate these excessive requirements, demonstrating a lack of real commitment to freedom of association.

In June 2023, the Government was urged to reactivate the Higher Labour Council and other tripartite bodies with clear and objective standards. However, the Higher Labour Council has not met since May 2022, and other tripartite instances lack union representation. The recent dissolution of the Labour Committee of the Legislative Assembly in June of this year has only aggravated the situation, leaving any pending legislative reform in limbo. What will happen to it?

So the lack of effective action and continuous legislative and practical restrictions demonstrate a worrying negligence by the Government in guaranteeing the trade union rights of Salvadoran workers.

And for this reason, we are compelled to reiterate some of the conclusions of previous sessions of our Committee.

We urge the Government to:

• (1) urgently and as a priority, dedicate all necessary efforts to expedite and conclude all investigations related to the murders of union leaders, so that those responsible, both material and intellectual, are identified but also sanctioned as soon as possible;
• (2) end delays in the issuance of credentials to workers’ organizations;
• (3) ensure that all workers’ organizations enjoy the rights and freedoms established in the Convention and that they are fully included in tripartite consultation and social dialogue;
• (4) reactivate, without delay, the full functioning of the Higher Labour Council and other tripartite bodies;
• (5) adopt without delay all necessary measures to repeal the legal obligation for unions to request the renewal of their legal status every 12 months;
• (6) develop a road map with determined deadlines to promptly implement all the recommendations made by the 2022 High-Level Tripartite Mission of the ILO and the Committee’s recommendations related to the Convention.

Employer members – In our final considerations, we would first like to reiterate once again our thanks to the Government of El Salvador for the information provided to the Committee, and we say openly and sincerely that we hope that its commitment to the ILO will take the form of specific action and full compliance with the recommendations and requirements outlined.

I wish to refer to an example of the discrepancies that we observe between what the Government says and what it does. A simple example. The Government did not consult the ANEP on the nomination of the delegates to this Conference. What more can I say? Let us go on.

The Employers also wish to thank those delegates that have participated in this meeting and the contributions that they have made to the case. We echo the words of the Worker spokesperson, which clearly reflects the Government’s failure to comply, which it has been demonstrating up to now, and we share the concerns expressed. The recommendations outlined by the representative of the Workers’ Group are totally acceptable to us, and we therefore reproduce them.

We wish to add that the conclusions must refer to and replicate the conclusions adopted during the discussion in 2023 on Convention No. 144. In view of the links between the two cases, as outlined not only by myself, but as also specifically recognized by the Committee of Experts in its report.

It also appears to us to be necessary to lay down the following:

• (1) that following prior consultation between independent and representative organizations of employers and workers, it takes measures to ensure the definitive ending of any form of aggression against persons or organizations in relation to the exercise of both lawful trade union activities and the activities of employers’ organizations, their leaders and members, and to prevent this reoccurring in future. It must be guaranteed that there is no repetition of these and other acts of hostility and interference against the ANEP and its members and that the freedom of employers in relation to their organizations is respected. The political role that the Government representative attributes to the ANEP is outside this discussion. If, in the past, there were bodies that were only bipartite, it is a responsibility of the Government and cannot be attributed to trade unions or employers’ organizations. The corresponding claims were undoubtedly put forward at the time. This absolutely does not justify at the present time a representative organization such as the ANEP from being sidelined and ignored.
• (2) immediately provides detailed information indicating the measures adopted to ensure that there is no repetition of these or other acts of hostility and interference and to guarantee respect for the freedom of workers and employers to establish the organizations of their choosing, organize their administration and activities and formulate their programmes without interference by the public authorities and free from the acts of aggression described above;
• (3) directs all its efforts as a priority at facilitating and concluding the investigations into the murders referred to above;
• (4) provides detailed information on the content and progress of the parliamentary examination of the reforms intended to ensure the harmonization of the national legislation with the Convention, including the proposed reform of the Penal Code and the consultation procedures with the social partners in relation to these initiatives and the results achieved; and
• (5) takes the necessary measures to revise the rules applicable to the registration of executive boards to guarantee in the right of organizations to be established and to elect their representatives in full freedom.

It is clear, as indicated by the Committee of Experts in its report, that the situation and corresponding violations of the Convention are intimately related to the discussion held in 2023 on Convention No. 144, as I have already noted. For this reason, we reiterate the demands set out by this Committee in its conclusions on that case. In this regard, it is necessary to establish a direct contacts mission.

We wish to make the explicit request to establish this direct contacts mission. It appears to us to be totally coherent with all of our concerns, with the interest expressed by the Government in complying with all of the commitments that have been taken on through the ratification of Conventions and the road map that must be developed for compliance with the commitments already assumed.

Committee’s conclusions

The Committee took note of the oral information provided by the Government and the discussion that followed.

The Committee noted with concern the allegations of ongoing violations of the Convention by the Government, including the absence of tangible progress in the investigations into the murders of trade unionists and reported acts of harassment against an employers’ organization (ANEP).

The Committee also expressed concern regarding the allegations of interference by the authorities in the appointment of employers’ and workers’ representatives in public tripartite and joint bodies.

Taking the discussion into account, the Committee urged the Government, in consultation with independent and representative employers’ and workers’ organizations, to:

• immediately cease all acts of violence, threats, persecution, stigmatization, intimidation or any other form of aggression against individuals or organizations in connection with both the exercise of legitimate trade union activities and the activities of employers’ organizations, and adopt measures to ensure that such acts are not repeated;
• re-ensure respect for the freedom of workers and employers to constitute the organizations of their choosing, organize their administration and activities and formulate their programme of action without interference from the public authorities;
• expedite and conclude the ongoing investigations into the murders of trade union leaders with a view to establishing the facts, determining culpability and punishing the perpetrators;
• provide detailed information on the content and status of the parliamentary process of the proposed reform to the Penal Code, the consultation processes with social actors that exist in relation to this initiative and the results obtained;
• expedite the processes of registration and issuing credentials to boards of directors to ensure the right of workers’ and employers’ organizations to form and freely elect their representatives;
• repeal the legal obligation for trade unions to request the renewal of their legal status every 12 months;
• reactivate, without delay, the Higher Labour Council (CST) to ensure the full participation of workers’ and employers’ organizations in social dialogue and tripartite consultation;
• develop a time-bound road map to implement without delay all recommendations made by the ILO high-level tripartite mission of 2022 and the Committee’s previous recommendations relating to the Convention; and
• send information on the institutional change from INSAFORP to INCAF and ensure that it has a tripartite structure.

The Committee requested the Government to submit a detailed report on the implementation of the Convention in law and practice, with regard to all of the above matters, including information on the content and outcome of tripartite consultations, to the Committee of Experts before its next meeting.

Government representative – On behalf of the delegation of El Salvador, I note the conclusions adopted by the Committee.

I take this opportunity to indicate that El Salvador respects the ILO supervisory bodies. We are therefore grateful for this opportunity to provide information on the progress achieved in the implementation of the Convention. We also note the comments made by the social partners.

With reference to the progress made in the cases of the trade unionists, I wish to reiterate the significant progress achieved. I will do so slowly to facilitate interpretation.

We have repeatedly indicated that, with regard to Mr Weder Meléndez, the Office of the Prosecutor-General of the Republic, together with the National Civil Police, following exhaustive investigations, identified and captured those responsible, who were three members of the “18 revolutionary” gang, who are awaiting trial and that, when the final verdict has been issued, we will send the corresponding report to the Committee on Freedom of Association. Nevertheless, we consider that in the context of the criminality experienced by the country, the outcome achieved constitutes very significant progress.

Moreover, as in the case of Mr Meléndez, exhaustive investigations have been carried out in the case of Mr Abel Vega and, as I indicated, they are at the stage of the identification of those responsible with a view to their prosecution. It should be recalled that this case had been shelved by the judicial authorities and it was precisely the State of El Salvador which called for the case to be reopened. The objective is to ensure prompt and full justice.

In our respect for the separation of powers, and in our awareness of our duties, we will follow up the progress made. We are fully determined, as a State, that no death of a trade unionist will go unpunished.

With reference to the comments on employers’ organizations, we wish to emphasize that there is full respect in the country for the activities of the various employers’ organizations, including the free and independent election of their representatives. All their leaders, in the same way as all citizens, are assured of the right to freedom of expression and association.

For the rest, we accept the declaration and we undertake to give it due effect, taking into account our commitment to continue providing information on the progress achieved.

We reaffirm our unshakeable commitment to the principles and values of the ILO, for which reason we will continue to make progress in the achievement of decent work, placing emphasis on social dialogue with all partners and sectors. We are grateful in this process for the valuable cooperation and technical assistance of the ILO.