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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - El Salvador (RATIFICATION: 1995)

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Observation

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Article 1(1)(a) of the Convention. Practical application of the Convention in the maquila (export processing zones). The Committee observes that the Government implemented the Plan for the Verification of the Rights of Women in the Maquila Industry in 2015. The Committee requests the Government to provide information on: (i) the strategy adopted; (ii) the results achieved or envisaged with a view to strengthening the protection of workers and preventing discrimination in the maquila.

Articles 2 and 3. National equality policy. Equality of opportunity and treatment for men and women in respect of employment and occupation. In its report, the Government presents the evaluation of the National Equality Plan 2016–20, which indicates that women have had access to various initiatives and forms of support for entrepreneurship and that, among other data, 86.4 per cent of the portfolio of credits granted are for women’s microenterprises and 60 per cent of the new enterprises promoted are led by women. The Government also indicates that, according to the evaluation: (i) the existing gap between men and women landowners in the agricultural and stock-raising sector remains around 75 per cent; and (2) between 2014 and 2019, the labour market participation of women continued to be significantly lower than that of men, with an average gap of around 33 per cent, while the gaps in income and wages between men and women not only persist, but are tending to increase. The Committee observes that: (1) the Strategic Institutional Plan 2020-24 of the Ministry of Labour and Social Welfare includes in its objectives the protection of the labour rights of women and the promotion of non-discrimination; and (2) the National Equality Plan 2021–25 is undergoing the approval process. With reference to the recognition of domestic and care work, the Government indicates that: (1) in 2016, the first exercise of establishing the value of unpaid work was carried out based on data from the Time Use Survey of 2010; and (2) in 2017, data was gathered for the Time Use Survey. The Committee notes the various initiatives to increase the labour market participation of women. In this context, the Committee requests the Government to continue providing information on: (i) the measures adopted to identify and address the underlying causes and factors that are at the origins of the persistent gender gaps in the country; and (ii) the results achieved by the strategies that have been announced for the recognition of domestic work and unpaid care work.

Indigenous peoples. The Committee observes that the action to which the Government is committed in the National Plan of Action for Indigenous Peoples 2018-23 includes the establishment of a mechanism so that indigenous peoples have access to decent jobs under conditions of equality with society in general. The Committee notes that the Government has informed the Committee on the Elimination of Racial Discrimination (CERD) that other public policies for indigenous peoples have been implemented: (1) the National Decent Work Policy (PONED) for the period 2017–30; and (2) the Rural Territorial Competitiveness Programme – Amenecer Rural MAG-FIDA, which includes the objectives of generating employment for the indigenous population (CERD/C/SLV/18-19, of 13 June 2018, paragraph 87). The Committee requests the Government to continue providing information on the measures adopted to promote the access of members of indigenous peoples to employment and occupation, particularly within the framework of the National Plan of Action for Indigenous Peoples 2018–23, the National Decent Work Policy and the Rural Territorial Competitiveness Programme.

Article 3(e). Access to vocational training under equal conditions. The Committee notes the information provided by the Government in its report on the various measures undertaken by the El Salvador Vocational Training Institute (INSAFORP), such as the development and implementation of an institutional policy and its respective implementation plan for a cross-cutting gender focus in vocational training, a toolkit for a cross-cutting gender focus in vocational training centres and the promotion of inclusive images and language. The Committee notes the statistical data provided by the Government disaggregated by sex on participation in programmes and courses between 2015 and 2020, and observes in particular that there was an increase in training from 73,296 women in 2015 to 92,114 in 2019. The Committee requests the Government to continue providing updated statistical data, disaggregated by sex and occupational sector, on the access to vocational training of women in economic activities where they are usually less well represented, such as science, technology, engineering and mathematics.

Enforcement. The Government indicates in its report that between 2018 and 2021: (1) 164 cases were recorded of the offence of labour discrimination and 13 sentences should be emphasized in relation to the application of the Convention; (2) 2,173 scheduled inspections were carried out into the labour rights of women and discrimination against women, including in relation to pregnancy; and (3) there were 172 complaints of labour harassment and one of sexual harassment, resulting in one violation related to labour harassment and one fine for labour harassment. The Government also emphasizes that between 2018 and 2021 various types of training continued to be provided in the General Directorate of Labour Inspection on the subjects of gender, sexual diversity, the reconciliation of work and personal and family life, and on care for victims of gender violence, persons with HIV and the lesbian, gay, bisexual, transgender and intersex (LGTBI) population. The Committee notes the Government’s indication that, under Decision DM/DRIT No. 73/2023 of 10 March 2023, training has been provided to personnel of the Labour Directorate on penal procedures related to the offences under the Special Framework Act for a life free from violence, as well as procedural guarantees and specialized jurisdiction. The Committee requests the Government to: (i) continue providing information on new training courses; and (ii) provide information on cases of discrimination identified by the labour inspection services, disaggregated by the grounds of discrimination, together with the respective penalties and compensation granted.