Effect given to the recommendations of the committee and the Governing Body - REPORT_NO355, November 2009

Effect given to the recommendations of the Committee and the Governing Body

1. 86. The Committee last examined this case, regarding allegations concerning the refusal to grant legal personality to the Union of Salvadorian Judiciary Employees (SINEJUS), at its March 2009 meeting, and made the following recommendations on that occasion [see 353rd Report, paras 873–898]:
   • (a) Considering that the refusal to grant legal personality to the SINEJUS constitutes a violation of freedom of association, the Committee expects that the SINEJUS will obtain legal personality soon and that, in the meantime, it will be able to carry out its representation activities until the constitutional issues have been resolved.
   • (b) The Committee expects that the current Legislative Assembly will soon ratify the reform to article 47 of the Constitution agreed by the previous Legislative Assembly, in order to ensure that all judiciary employees enjoy the right of freedom of association. The Committee requests the Government to keep it informed in this regard and to take all the necessary steps to ensure that, in accordance with Convention No. 87, the constitutional reform may allow exclusions from the right to organize only in the case of the armed forces and police.
2. 87. In a communication of 13 October 2009, the Government indicates that legal personality has been granted to SINEJUS, by a resolution of 17 September 2009. The same also applies to unions of workers in the education sector, administrative employees and municipal employees.
3. 88. The Committee notes this information with satisfaction. The Committee notes specifically that the amended Constitution was published in the Official Journal in June 2009, and article 47 of the Constitution as amended establishes that: “private employers and workers, regardless of nationality, gender, race, creed or political beliefs and regardless of the activities or the nature of the work they carry out, have the right to organize freely in defence of their respective interests, founding industrial associations or trade unions. The workers of official autonomous institutions, civil servants and public and municipal employees shall also enjoy the same right. The following shall enjoy the right set out in the previous section, ... members of the judiciary ...”