Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the general observations of the International Organisation of Employers (IOE), received on 29 August 2025. It also notes the observations of the National Confederation of Salvadoran Workers (CNTS), received on 31 August 2025, and the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025, and the joint observations of the Autonomous Central of Salvadoran Workers (CATS), the CNTS, the Single Confederation of Salvadoran Workers (CUTS) and the Trade Union Confederation of Workers of El Salvador (CSTS), received on 3 September 2025 relating to matters that are examined in the present comment.

Technical assistance mission requested by the Committee on the Application of Standards of the International Labour Conference (hereinafter the “Conference Committee”) at its 113rd Session (2025), in the context of the supervision of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee notes that, when examining the application of Convention No. 98 by El Salvador in June 2025, the Conference Committee addressed issues relevant to the application of the present Convention. The Committee also notes that the Conference Committee invited the Government to accept a technical assistance mission with the support of the ITUC and the IOE. The Committee hopes that the Government will accept this mission and that it will take place in the very near future.

Trade union rights and civil liberties. Murder of trade union leaders. The Committee recalls that the Conference Committee examined the application of the present Convention at its 112th Session (2024). In the same way as the Conference Committee, the present Committee, in its previous comment, urged the Government to 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. The Committee notes the Government’s indication that, after exhausting all the procedures relating to the murder of trade union leader Victoriano Abel Vega (2010) and determining that he was a victim of gang structures, the case was provisionally shelved in accordance with the Code of Criminal Procedure on the grounds that the presumed perpetrator had not been identified and there were no reasonable possibilities of doing so. The Committee notes that the CATS, CNTS, CUTS and CSTS recall that the Government has still not fulfilled its reiterated commitment to clarify the murder of Mr Vega, as the Office of the Prosecutor General of the Republic has not taken any action to bring those responsible to justice. The Committee notes that, in its most recent examination of Case No. 2923, the Committee on Freedom of Association once again firmly urged the Government and all the competent authorities to make, as a matter of urgency and priority, all the necessary efforts to identify and punish both the instigators and perpetrators (407th Report, June 2024). Expressing concern at the provisional shelving of the case and aware of the complexity faced by the authorities in the criminal investigation of cases that occurred long ago, the Committee urges the Government and the competent authorities to continue making the necessary efforts to ensure, in the most expedited manner, the identification and punishment of the instigators and perpetrators of the murder. With reference to the murder of trade union leader Weder Arturo Meléndez Ramírez (2020), the Government indicates that the investigation is in the instruction phase, with seven persons being accused of the crime of attempted aggravated homicide and two accused of the crime of concealment, and that the filing of the charge sheet is currently pending. The Committee notes that the Committee on Freedom of Association, in its most recent examination of Case No. 3395, urged the competent authorities to continue giving due priority to resolving the case and urged the Government to ensure that all the competent state authorities take the necessary action to provide the members of the union to which Mr Meléndez belonged with adequate protection against any act that may cause prejudice to them by reason of their participation in union activities. The Committee refers to the recommendations made by the Committee on Freedom of Association in this case (412th Report, November 2025).

The Committee notes the Government’s indication that security measures have been reinforced to protect citizens against the threats from illicit groups and that it has been possible to reduce the incidence of violence and criminality. The Committee also recalls that the Government informed the Committee on Freedom of Association, in the case referred to above, of the examination of an initiative for a “proposal to reform the Penal Code” drawn up by the Ministry of Labour and Social Welfare (MTPS) with a view to improving the protection of freedom of association for trade union leaders and members. The Committee once again requests the Government to provide information on any developments in this respect.

Detention of trade union members. In its previous comment, the Committee expressed concern at the alleged detention of four trade union leaders, two of whom died with a letter of release which had not been given effect. The Committee notes the Government’s indication that the leaders Dolores Almendares (detained for seven months in 2022) and Sabino Ramos (detained since 2022) are subject to formal judicial investigations and that the cases remain subject to complete confidentiality until the procedural aspects are completed. The CNTS indicates that the state of emergency that has been in force for three years is giving rise to systematic violations of the Convention by preventing freedom of association through the creation of a climate of fear, as shown by the detention of trade unionists. The Committee notes that the CATS, CNTS, CUTS and CSTS, in their observations on the application of Convention No. 98, provide a list of over 30 trade union and social leaders who, according to the allegations, are in detention, have been released recently or have been forced to go into exile. The Committee expresses concern in this regard and recalls that the ILO supervisory bodies have unceasingly emphasized the interdependence between civil liberties and trade union rights, highlighting that a truly free and independent trade union movement can only develop in a climate free from violence, pressure and threats of any kind against the leaders and members of such organizations (2012 General Survey on the fundamental Conventions, para. 59). The Committee urges the Government to take all the necessary measures so that persons who are detained, awaiting trial or have been convicted as a result of their trade union activities are released and the charges against them withdrawn. It requests the Government to provide information on all the persons identified by the above organizations.

Acts of violence, threats, persecution, stigmatization and intimidation. In its examination in 2023 of the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), its examination in 2024 of the application of this Convention, and its examination of the application of Convention No. 98 in 2025, the Conference Committee expressed deep concern at the acts of harassment denounced by the National Business Association (ANEP). 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 to adopt measures to ensure that such acts are not repeated. The Committee notes that the Government reaffirms its strong commitment to the fundamental rights of freedom of association and the right to organize and indicates that no acts of violence, threats, persecution, stigmatization or intimidation have been reported against trade unions or employers’ organizations in the exercise of their legitimate activities, as shown by the public expression by the organizations that are members of the ANEP of their recognition and will to continue collaborating with the Government, and that the executive committee of the ANEP has exercised its functions freely and independently and without any interference by the Government, thereby demonstrating absolute respect for the independence of employers’ associations. While noting these indications, the Committee notes that, in the context of the discussion held in 2025 by the Conference Committee on the application of Convention No. 98, the IOE emphasized that, since 2020, the ANEP has been the subject of a sustained campaign of exclusion, interference and threats, that all institutional dialogue with the Government has been interrupted, member enterprises have come under pressure to leave the organization and they continue to be under the threat of economic sanctions and reprisals against their assets. The Committee reaffirms the requests made by the Conference Committee in the context of this Convention, as well as in relation to Conventions Nos 98 and 144, and urges the Government to take effective measures in this regard. It requests the Government to provide information on any developments in this respect.

Reactivation of the Higher Labour Council (CST) and appointment of worker and employer representatives to the Vocational Training Institute (INCAF). In its examination in 2023 of the application of Convention No. 144, its examination in 2024 of the application of the present Convention and the examination of the application of Convention No. 98 in 2025, the Conference Committee urged the Government to reactivate the CST without delay to ensure the full participation of workers’ and employers’ organizations in social dialogue and tripartite consultation. The Committee notes that the Government reaffirms its commitment to continue strengthening tripartite dialogue mechanisms and indicates that for this purpose it recently issued Executive Decree No. 13 amending the rules of the CST, and specifically clause 4(b), which indicates that employer members shall be designated by organizations legally inscribed in the Register of Associations and Non-Profit-Making Foundations of the Ministry of the Interior and communicated to the MTPS in order to ensure the participation of the most representative employers. The Government indicates that this seeks to ensure the participation of the most representative employers´ organizations in the country and not an established peak organization of employers. The Committee observes that in its original wording clause 4(b) of the Rules of the CST contained a list of eight employers’ organizations with the right to designate an employers’ representative, including the ANEP. It therefore notes that the new wording no longer refers to that organization, against which the Conference Committee noted complaints of acts of harassment. The Committee notes that, according to information that is publicly available, the CST was established in August 2025. The Committee recalls that, in the context of the examination of Case No. 3380, the Committee on Freedom of Association urged the Government to take the necessary measures to ensure full respect for the autonomy of the ANEP and the recognition of its representatives, as well as of this employers’ organization as a social partner, in order to continue promoting its full participation in social dialogue (408th Report, October 2024). Moreover, as indicated above, the Conference Committee urged the Government to reactivate the CST without delay and to ensure the full participation of workers’ and employers’ organizations in social dialogue and tripartite consultations. In 2024, the Conference Committee urged the Government to ensure respect for the right of workers’ and employers’ organizations to establish and to elect their representatives in full freedom. The Committee urges the Government to give full effect to the recommendations of the supervisory bodies referred to above. The Committee expresses the firm expectation that the CST will be able to fulfil its functions effectively, ensuring the full participation of the most representative organizations of workers and employers, and guaranteeing the right of these organizations to establish and to elect their representatives to dialogue bodies in full freedom. The Committee requests the Government to provide detailed information on the composition and functioning of the CST.

In its examination of the application of the Convention in 2024, the Conference Committee urged the Government to provide information on the institutional change from the Salvadoran Vocational Training Institute (INSAFORP) to the INCAF, and to ensure that the INCAF has a tripartite structure. The Committee notes the Government’s indication that the INCAF is an independent body established in 2023 for the purpose of strengthening vocational training and skills in the country and does not envisage the inclusion of workers’ or employers’ representatives in its executive board or in decision-making, which means that it is not a tripartite body, even though it maintains contacts with strategic allies to support training processes. The Committee notes the indication by the CNTS, CSTS, CATS and CUTS that measures have not been taken to amend the Act establishing the INCAF to convert it into a tripartite institution, as the INSAFORP was. Recalling that the INSAFORP, of tripartite structure, has been dissolved and replaced by the INCAF, under the sole direction of the Government, without the involvement of the social partners, the Committee requests the Government to provide information on the measures adopted to give effect to the measures requested by the Conference Committee.

Articles 2 and 3 of the Convention. Pending legislative reforms. For many years, the Committee has been requesting the Government to take the necessary measures to amend the following legislative and constitutional provisions:

• articles 219 and 236 of the Constitution of the Republic and section 73 of the Civil Service Act, which exclude certain categories of public servants from the right to organize;
• section 204 of the Labour Code, which prohibits membership of more than one trade union, so that workers who have more than one job in different occupations or sectors are then able to join different trade unions;
• sections 211 and 212 of the Labour Code (and the corresponding provisions of the Civil Service Act in respect of unions of public service employees), which establish, respectively, the requirement of a minimum of 35 members to establish a workers’ union and a minimum of seven employers to establish an employers’ organization, so that these requirements no longer hinder the establishment of workers’ and employers’ organizations in full freedom;
• section 219 of the Labour Code, which provides that, in the process of registering the union, the employer must certify that the founding members are employees, so as to ensure that the list of the applicant union’s members is not communicated to the employer;
• section 248 of the Labour Code, which requires a waiting period of six months for a new attempt to establish a trade union where its registration has been refused;
• article 47(4) of the Constitution of the Republic, section 225 of the Labour Code and section 90 of the Civil Service Act, which establish the requirement to have attained the age of majority and to be a national of El Salvador by birth in order to hold office on the executive committee of a union; the Committee notes in this respect that the CNTS, CSTS, CATS and CUTS reiterate that the requirement to be a national of El Salvador by birth prevents migrant workers from Honduras and Nicaragua who work in the construction industry and agriculture from holding union office;
• article 221 of the Constitution of the Republic, so as to limit the prohibition of the right to strike in the public service to officials exercising authority in the name of the State and those who perform their duties in essential services in the strict sense of the term (while recalling that it is also possible to restrict the exercise of the right to strike through the establishment of minimum services in public services of fundamental importance);
• section 529 of the Labour Code, so that when a decision is taken to call a strike, only the votes cast are taken into account, and also that the principle is recognized of the freedom to work of non-strikers and the right of employers and managerial staff to enter the premises of the enterprise or establishment, even where the strike has been decided upon by an absolute majority of the workers;
• section 553(f) of the Labour Code, which provides that strikes shall be declared unlawful “where inspection reveals that the striking workers do not constitute at least 51 per cent of the staff of the enterprise or establishment”; and
• recalling that prison staff must have the right to organize, both the Committee on Freedom of Association and the Committee of Experts have requested the Government to take the necessary measures to ensure full respect for the right to organize of prison staff (392nd Report, Case No. 3321, October 2020).

The Committee also notes that, in the context of Case No. 3258, the Committee on Freedom of Association requested the Government, in consultation with the representative social partners, to take the necessary measures to remove the obligation on trade unions to elect their executive committee every year (section 221 of the Labour Code and section 87 of the Civil Service Act) (409th Report, March 2025). In light of the recommendation of the Committee on Freedom of Association and the observations of the CNTS, CSTS, CATS and CUTS in this regard, the Committee emphasizes the importance of amending section 221 of the Labour Code and section 87 of the Civil Service Act to ensure that the autonomy of trade unions is respected in relation to the election of their leaders. With reference to the dissolution of the Labour Commission of the Legislative Assembly in 2024 and its impact on the pending reforms, the Committee notes the Government’s indication that another commission has taken over its functions. The Committee notes that the Government reaffirms its commitment to the comprehensive revision of the Labour Code and that its objective is to submit an initial proposal for consultation with the partners and to benefit from the necessary technical assistance. The Government adds that, although one of the principal changes relates to the extension of trade union credentials, the objective is to update the whole of the legislation. The Committee takes dues note of all these elements. Recalling the various legislative issues that have been raised for many years, the Committee firmly urges the Government to intensify the efforts made and, based on prior tripartite consultation, to make progress with the adoption of specific measures that ensure the conformity of all the provisions indicated with the Convention. The Committee requests the Government to provide information on any developments in this respect.

The Committee notes the allegation by the CNTS that the Act on Foreign Agents, adopted on 20 May 2025: (i) permits control over international cooperation with unions and social organizations, imposing a tax of 30 per cent on the funds received and requiring registration with a State body; (ii) prohibits political participation, restricting trade union action to labour complaints; and (iii) reduces international financing for the establishment of unions, affecting unions with limited resources. The Committee notes that, in accordance with section 1 of the Act, it applies to natural persons and associations, both national and foreign, the activities of which in El Salvador correspond to the interests of or are financed, directly or indirectly, by a foreign person. The Committee notes that the Office of the United Nations High Commissioner for Human Rights has considered that the Act contains ambiguous wording and provisions which may unduly restrict the rights to freedom of association and of expression. The Inter-American Commission on Human Rights has urged the Government to repeal the Act as it may prejudice the financial sustainability of organizations that defend human rights. The Committee considers that legislation that seriously restricts the activities of a trade union or an employers’ organization due to the fact that they accept financial assistance from an international organization of workers or employers to which they are affiliated is in violation of the principles concerning the right to affiliate with international organizations. The Committee recalls that control exercised by the public authorities over trade union finances should not normally exceed the obligation to submit periodic reports. The Committee also considers that legislative provisions which prohibit all political activities by trade unions give rise to difficulties with regard to the principles of the Convention (2012 General Survey on the fundamental Conventions, para. 116). The Committee urges the Government, in consultation with the most representative organizations of workers and employers, to take the necessary measures, including legislative measures if necessary, to ensure that the legislative provisions on organizations that fulfil the functions of foreign agents are fully compatible with the rights of workers’ organizations and employers’ organizations, in accordance with the Convention. It requests the Government to provide information on any measures adopted in this respect.

Application of the Convention in practice. In its previous comment, in the same way as the Committee on Freedom of Association and the Conference Committee, the Committee of Experts urged the Government to speed up the processes of the registration and issuing of credentials for executive committees in order to guarantee the right of workers’ and employers’ organizations to be established and to elect their representatives in full freedom. The Committee notes the Government’s indication that: (i) the delays in the delivery of credentials are mainly due to the failure to make corrections based on the comments made and delays in submitting documents; (ii) in the context of its commitment to promote social dialogue, the MTPS convened a meeting of 180 organizations on 21 May 2025 (157 attended), on which occasion the Minister of Labour announced: the reduction in the time for issuing credentials to 20–30 days, the establishment of a standing dialogue body with monthly meetings and the establishment of a representative body with consensual methods and a sectoral focus; and (iii) between 2022 and 2025, 60 unions and 1,185 executive committees in the public and private sectors were registered. The Committee also notes the indication by the CNTS, CSTS, CATS and CUTS that obstacles still exist to the establishment and registration of unions: (i) documents are required that are not always available (copies of identity documents, documentation of the positions held, pay slips), which prevents the validation of elections and causes dismissals; (ii) failure to comply with these requirements, even when it is impossible to fulfil them in practice, provides a pretext for declaring the secretariat of a trade union vacant; (iii) it is still being required to provide a list of members with their numbers and signatures, even though this requirement is not set out in law, which is delaying registration; and (iv) even though credentials were issued in May 2025 and the undertaking was made to continue in 15 days (developments that were welcomed by the above organizations and the ITUC), following the International Labour Conference the legal time limits were not observed, resulting in prejudices (the incapacity to engage in collective bargaining, dismissals, etc.). The Committee takes due note of the commitment expressed by the Government to promote social dialogue and welcomes the specific measures taken in relation to the delivery of credentials. The Committee notes the expression by the ITUC of the firm expectation that the process of dialogue will continue and give rise to positive progress. The Committee urges the Government to complete the regularization of current registration procedures and the delivery of the credentials of executive committees in the near future so as to guarantee the right of workers’ and employers’ organizations to be established and to elect their representatives in full freedom. It also urges the Government to continue its efforts to promote open, inclusive and participatory dialogue through the establishment of a permanent dialogue body and the creation of a representative body that deploys consensual methods with a sectoral focus, as announced by the Minister of Labour. The Committee requests the Government to provide detailed information on any progress achieved in this respect.

[The Government is asked to reply in full to the present comments in 2026 .]