Rapport intérimaire - Rapport No. 412, Novembre 2025

Cas no 3395 (El Salvador) - Date de la plainte: 14-AOÛT -20 - Actif

Allegations: Murder of a trade union official

1. 237. The Committee last examined this case at its October 2024 meeting, when it presented an interim report to the Governing Body [see 408th Report, paras 333–342, approved by the Governing Body at its 352nd Session (October-November 2024)]. 
2. 238. The Government of El Salvador sent its observations in a communication of 11 September 2025.
3. 239. El Salvador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Workers’ Representatives Convention, 1971 (No. 135), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 240. At its October 2024 meeting, the Committee made the following recommendations [see 408th Report, para. 342]:
   • (a) The Committee trusts that the criminal proceedings under way will identify and punish without delay both the instigators and perpetrators of the murder of Mr Meléndez. The Committee requests the Government to keep it informed in this regard.
   • (b) The Committee firmly urges the Government to ensure that all of the competent state authorities take the necessary actions 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 requests the Government to provide specific information in this respect.
   • (c) The Committee refers to the Committee of Experts on the Application of Conventions and Recommendations for follow-up of the handling of the “Proposal for reform of the Criminal Code” initiative, which was drafted by the Ministry of Labour and Social Welfare with the aim of improving the protection of freedom of association for trade union officials and members.
   • (d) The Committee once again draws the Governing Body’ s attention to the serious and urgent nature of this case.

B. The Government’s reply

1. 241. In a communication of 11 September 2025, the Government starts by recalling that, on 1 November 2023, criminal proceedings were brought before the Fourth Court Against Organized Crime (Judge No. 1) against a number of individuals identified as the alleged perpetrators of the murder of Mr Weder Arturo Meléndez Ramírez, on charges of aggravated homicide.
2. 242. The Government hereby provides updated information submitted by the Office of the Prosecutor-General on the progress made in the criminal proceedings in question. It indicates in particular that: (i) nine individuals have been charged and prosecuted, seven of them for their involvement in the aggravated homicide of Mr Meléndez and two others for concealing evidence related to the murder; (ii) the nine defendants have been remanded in custody as a precautionary measure; and (iii) the investigation stage of the criminal proceedings, initially set to last until 2 November 2024, has been extended twice for gathering new evidence and will now continue until 9 November 2025. The Government reiterates its commitment to freedom of association and states that it has driven efforts to strengthen the institutions responsible for ensuring its effective protection.

C. The Committee’s conclusions

1. 243. The Committee recalls that the purpose of the present case is to denounce the murder for anti-union reasons of Mr Weder Arturo Meléndez Ramírez, a trade union official and worker of the municipality of San Salvador, which took place on 7 August 2020 in San Salvador. The Committee recalls that, in its previous examination of the case, it had been informed that the alleged perpetrators of the murder of Mr Meléndez had been identified and arrested and that criminal proceedings had been brought against these individuals before the Fourth Court against Organized Crime (Judge No. 1), on charges of aggravated homicide.
2. 244. The Committee notes that the Government has submitted updated information from the Office of the Prosecutor-General, indicating that: (i) nine individuals have been charged and prosecuted, seven of them for their involvement in the aggravated homicide of Mr Meléndez and two for concealing evidence related to the murder; (ii) the nine defendants have been remanded in custody as a precautionary measure; and (iii) the investigation stage of the criminal proceedings, initially set to last until 2 November 2024, has been extended twice for gathering new evidence and will now continue until 9 November 2025.
3. 245. The Committee takes due note of this information. The Committee recalls that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events. The Committee also highlights that it is important that investigations into the murders of trade unionists should yield concrete results in order to determine reliably the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future [See Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 94 and 96]. The Committee reiterates the need for the criminal proceedings under way to confirm, without delay, the identification and punishment of both the instigators and the perpetrators of the murder. Noting with concern the absence of any significant procedural progress since its last examination of this case, the Committee urges the competent authorities to continue to give due priority to resolving this case. The Committee urges the Government to keep it informed, without delay, of the measures taken in this regard.
4. 246. With regard to recommendation (b), the Committee notes that the Government has still not provided information on the actions taken 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 therefore once again urges the Government to ensure that all of the competent state authorities take the necessary actions 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 urges the Government to keep it informed, without delay, of the measures taken in this regard.

The Committee’s recommendations

1. 247. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee reiterates the need for the criminal proceedings under way to confirm, without delay, the identification and punishment of both the instigators and the perpetrators of the murder of Mr Meléndez. Noting with concern the absence of significant procedural progress since its last examination of this case, the Committee urges the competent authorities to continue giving due priority to resolving this case and urges the Government to keep it informed, without delay, of the measures taken in this regard.
   • (b) Not having received specific information in this regard, the Committee once again urges the Government to ensure that all of the competent state authorities take the necessary actions 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 urges the Government to keep it informed, without delay, of the measures taken in this regard.
   • (c) The Committee draws the Governing Body’ s attention once again to the serious and urgent nature of this case.