Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

Discussion by the Committee

Government representative, Minister of Labour and Social Welfare – I wish to place emphasis on the commitment of the Government of El Salvador, under the leadership of President Bukele, to tripartite social dialogue and the deepening of democracy as an essential tool for building agreements for the development of the country. We know that only united, as employers, workers and the Government, can we move forward.

As a founding Member of the ILO, we are committed to the promotion of the constituent standards and vision of the Organization. For that purpose, at the International Labour Conference in 2019, where I made the commitment to reactivate the Higher Labour Council upon my return to the country, we took the necessary measures for its restoration without delay. This was a turning point that brought an end to six years of breakdown in tripartite social dialogue in El Salvador and constituted a starting point for building major agreements for the development of the country and the well-being of the population of El Salvador. The Council commenced its meetings and concluded important agreements, such as the development of a decent work strategy, with ILO cooperation, and the commencement of the implementation of a basic and participatory road map.

Similarly, the National Minimum Wages Council was established as a tripartite forum, for which the electoral procedure was free and transparent to the total satisfaction of workers and employers. Nevertheless, with the arrival of the COVID-19 pandemic, which affected everyone, we had to readjust. In El Salvador, we saw how other countries with higher levels of development and stronger systems of protection were encountering serious difficulties in managing the pandemic. For that reason, the Government took the decision to protect the life and health of our population, which implied focusing all efforts on the management of the pandemic. This involved, in the beginning, the establishment of an epidemiological cordon, a strict quarantine and action to educate and raise the awareness of the population. We strengthened our health system, built a specialized modern hospital designed in a programme for the outpatient treatment of COVID-19 and, more recently, we have been implementing a successful vaccination programme. For all that, our country has been recognized by the World Health Organization as one of the most successful countries in the management of the pandemic.

As Minister of Labour, we were constantly involved in processes of dialogue with branches and employers’ and workers’ representatives. In the same way as everyone else, the pandemic resulted in a contraction of the economy. Nevertheless, the measures and policies adopted by the Government as a whole backed up by broad processes of dialogue with the partners helped to minimize the economic and social impact of the crisis. For example, the Government, together with employers’ and workers’ representatives, developed the Employment Protection Act, which contains a broad and historic economic programme of support for micro, small and medium-sized enterprises and the informal sector so as to provide the financial support required at that time.

One of the major objectives was also to protect economic activities and workers who were performing their work, for which purpose we developed together with the employers and workers a general biosecurity protocol and we jointly drew up 2,636 protocols adapted to the specific conditions of the various economic and entrepreneurial fields with a view to protecting the health and life of both workers and employers.

We also inform the honourable Committee that we have initiated processes that have strengthened tripartite social dialogue, such as the participatory development of the Strategic Institutional Plan of the Ministry of Labour for the period 2020–24, which was for the first time subject to dialogue with both employers and workers, and which sets out the transversal aim of strengthening tripartite social dialogue.

Similarly, I can indicate that we designed and validated with employers and workers the system of labour market information, which will provide valuable information as a basis for decision-making and public policies on labour matters. This system benefited from ILO technical cooperation and is a tool that will strengthen informed social dialogue in El Salvador.

During the second half of 2020, with a view to economic recovery, a dialogue forum was established with employers in which a plan for orderly and sure economic recovery was drawn up that is of vital importance, to which associations, enterprises and workers made a very strong contribution in general.

Moreover, in my capacity as Minister, I spend 70 per cent of my time in social dialogue between workers and employers seeking solutions to the problems that arise. All these elements lead me to say loud and clearly that our management of social dialogue in the country has never slackened and, indeed, on the contrary, has been strengthened.

Since our arrival in Government, we have been transparent and have shown that we are a Government with clear rules, committed to providing legal certainty and creating a conducive environment for private investment with a view to generating more and better jobs. And we have also said that the only thing that is not negotiable in this Government is the genuine rights of workers.

We understand that, as humans, we may make some mistakes, but our spirit of dialogue is clear and strong. We work hand in hand with employers because, very clearly, they are important actors in the development of the country. Furthermore, we believe that the great majority of employers in our country are law-abiding, although there exist a small minority who are in violation of labour laws, including the fiscal laws of the country. We need to show strength in the enforcement of the law with these enterprises.

I have also called for further information on cases of anti-union violence in the country. As a Government, we are committed to demanding justice for acts of anti-union violence, as they cannot go unpunished. We will not return to the dark and painful times of the past for the trade union movement in our country. Since our arrival, we have been open to the claims of the trade union movement, which we regard as an important and key actor for national development.

The Government of El Salvador respects freedom of expression. During the two years of its existence, there have been 37 anti-government demonstrations for various reasons. And I can tell you with pride that our forces of order have not used a single rubber bullet nor a single canister of teargas to repress our people, as was done by previous governments.

On 1 May last, International Workers’ Day was a historic day in our country. The trade union movement traditionally expresses itself through demonstrations in the streets and the forces of order traditionally erect barriers three blocks away from the President’s residence so that the demonstrators do not have access to it. On the most recent first of May, for the first time, yours truly and other government authorities, on the instructions of President Nayib Bukele, went out to receive the trade union movement and the same units of the forces of order which in the past had been used to repress the people, now opened the barricades so that the representatives of the workers could pass through and were received at the President’s residence and their claims heard. This is how we are now working in El Salvador.

With reference to cases of trade union violence, I will refer first to Abel Vega, who was murdered in 2010. We have recently received the report of the former Public Prosecutor of the Republic, who shelved the case of the murder of this trade union leader as it had not been possible to identify those responsible. In this regard, I wish to inform you, Madam Chair, that in my capacity as Minister, I have requested the new Public Prosecutor to reopen the case, as we consider that under the previous administrations the Office of the Public Prosecutor did not investigate these crimes diligently. It is of essential importance for us to deliver justice and to ensure that these acts do not go unpunished.

In the case of the vile murder of the trade union leader Weder Arturo Meléndez of the trade union of the municipal authorities of San Salvador, ASTRAM (the Association of Municipal Workers), committed in August 2020, our response has been strong and we have publicly condemned this unworthy act and we have put together a full file of charges, interviews and relevant information to clarify the situation, which we have handed to the Office of the Public Prosecutor of the Republic.

Our voice has been strong and clear and we immediately called an extraordinary meeting of the Council of Ministers of Central America and the Dominican Republic to denounce this cowardly act, which was condemned by the Council. We believe that this act must lead to greater awareness by all governments in the region to seek justice and ensure that such cases do not happen again.

The file has also been sent to the Freedom of Association Branch of the ILO with the request to ensure follow-up. We will be providing information on the progress made in the application of justice in these cases.

Our mission is to overcome the stigma affecting the trade union movement, which unfortunately in our country and the region, instead of being seen as defenders of human rights, has been badly viewed and denigrated. For this reason, we have recently launched the Trade Union Training Institute to strengthen their technical capacities. Their influence on the development of public policies is necessary to proceed from protest to proposals, and we believe that this will be a historical achievement for the trade union movement in our country and in our administration.

I wish to inform you that tripartite social dialogue is not broken in our country. Quite the contrary, as we have taken action for its re-establishment and we are committed to continuing to seek consensus through dialogue.

I would also like to add that our invitation to Employer and Worker representatives has always been open, because we recognize that there is no other way to go forward than by uniting the strength of the tripartite partners. We reiterate our readiness to receive the direct contacts mission, which is now more relevant than ever, and can visit the country whenever it considers it appropriate. We also reiterate our request for ILO technical cooperation to support us in going forward with the strengthening of tripartite social dialogue in our country.

Finally, we reiterate our attachment to and respect for international standards in the field of human rights, and particularly labour rights. We are proud to promote the principles and standards espoused by this Organization for the benefit of all the social partners. We share with the international community the aspiration of the construction of a more just and inclusive society with decent employment for all, in which social dialogue, in our view, is the cornerstone guiding these processes for the well-being of our population.

Employer members – I would like to start by thanking the Government for its report provided to the Committee, while emphasizing our concern at its implications, as this is the fourth consecutive occasion on which it has been necessary to examine this same issue, in view of a situation that basically remains practically the same as when it was examined for the first time. We recall with concern that in 2017, 2018 and 2019, the ILO Centenary, this Committee discussed and adopted very concrete conclusions, which set out the measures that the Government would have to take, in both law and practice, for the application of the Convention, which is a very relevant ILO governance Convention, and which is still not given effect despite what the Government representative said.

In view of the short time available to me to make my presentation on such a serious and urgent case, with reiterated violations, I invite the members of the Committee to look back at the reports of the Committee in 2017, 2018 and 2019.

The previous examinations of the case include the term “deep concern”, used by both the Committee of Experts and the present Committee; direct contacts missions by the Office; as well as various requests for urgent action made to the Director-General of the ILO, Guy Ryder, by the National Business Association (ANEP), which is the most representative organization, and the International Organisation of Employers (IOE), concerning government interference in the administration and operation of this organization which, as I said, is the most representative.

These include attacks on its leaders, serious deficiencies in the operation of social dialogue and tripartite consultation, under conditions very similar to those described in the report of the Committee of Experts, and the national situation experienced by workers’ organizations. When we discussed the case in 2019, we expressed the sincere hope that the new Government of President Bukele, which had taken office a few days earlier, would take this major opportunity to reverse this serious situation with a view to the governability of the country, the promotion of good relations between the social partners and the Government, and compliance with the obligations deriving from the Convention, among other reasons.

In this regard, it is worth recalling that, when the conclusions of the case were adopted in 2019, the Government representative took the floor and expressed agreement. I could have referred to certain phrases and paragraphs that he mentioned, but it seems to me that the same Government representative recognized and accepted the conclusions, and undertook to give them effect, as well as to receive the direct contacts mission and ILO assistance, as he repeated today. It therefore seems to me to be of great importance to note this acceptance and to take the corresponding action.

The Government of President Bukele has failed to give effect to what was said in 2019. It has not only failed to improve the situation in the country, and the operation of tripartite consultation and social dialogue in all its forms, but the national situation has deteriorated in an extremely worrying manner. And this has occurred within the context of a period of increased concern in general, institutional and democratic terms, and in relation to the rule of law, with the independence of the authorities being undermined, and counterweights and supervisory bodies being diminished, including the necessary autonomy of the most representative employers’ organization, the ANEP.

For greater clarity and for the information of the Committee, I will now provide specific information to describe the situation. The Higher Labour Council, the national body created for social dialogue and tripartite consultation, has been inactive since 2013 up to now. In accordance with the report of the Committee of Experts, and contrary to what was said by the Government representative, the Council was reactivated in September 2019, and effect was given to this undertaking. Three plenary sessions were held, tripartite agreement was reached on the process for the preparation of an employment policy, ILO technical assistance was requested, work began, etc. What is certain is that since 12 May 2020, all activity by the Council has been suspended. This is the real situation, not the one described by the Government representative, under the pretext of the pandemic. The world has not been paralysed, the ILO has not stopped working, and we cannot leave tripartism to one side under the pretext that there is a health situation that might impede the work of the Council.

Do not think that this was because of the pandemic, as I have said. No, during this period, the Government of El Salvador issued invitations for information meetings to employers’ organizations affiliated to the ANEP, from economic sectors with a high level of state regulation, which depend on authorizations and are subject to sanctions. This makes them especially vulnerable in terms of agreeing to participate and calling for dialogue to be carried out through the ANEP, the most representative employers’ organization in El Salvador, and through the Council, as indicated above.

Perhaps these are the meetings, to which the ANEP was certainly not invited as I have said, to which the Government representative is referring. I emphasize that the ANEP was not invited to these meetings, and it is the most representative organization in the country that we are talking about.

In line with this attitude of non-compliance, the Government has refused to swear in directors selected and appointed by employers for tripartite bodies. On 12 May 2020, the President of the Republic, acting in violation of the independence and autonomy of workers’ and employers’ organizations, disregarded the President of the ANEP as a counterpart representing employers’ organizations, even though only 13 days earlier he had been elected unanimously by 48 affiliated organizations from the various productive sectors of the country. The Government indicated that everything would return to normal when a new President was elected, which is clearly an act of interference and a flagrant violation of the independence of the ANEP.

And there have been a series of events of this type, even right in the middle of the 109th Session of the Conference, on Monday, 7 June, when the Government of El Salvador announced a supposed new employers’ association established by microenterprises, which it is intending to convert into a partner for the Government. In this way, the practice is continuing of setting up false organizations to avoid social dialogue with the ANEP, as the most representative employers’ body in El Salvador. The deceit is unacceptable. It is destroying and undermining the essence of the ILO.

The events described show the extreme contempt for social dialogue and the failure to comply with the obligations assumed by the Government of El Salvador when ratifying the Convention. Tripartite consultation and effective social dialogue undertaken in good faith are only possible in a climate in which the rule of law is guaranteed and which is free from any aggression, interference or abuse. As can be seen, this is one of the most serious cases of continued failure to comply with the Conventions voluntarily ratified by El Salvador. We hope that the Government understands that the success of such participation, as it announced over its social media before coming, is based on compliance with the requirements of the Convention and in practice on specific acts and verifiable outcomes, and not only on its word, which regrettably has not been kept up to now. We will follow the development of this discussion very carefully.

Worker members – This is the fourth consecutive time that the Committee has been called upon to examine the application of the Convention by the Government of El Salvador. After so many appearances before our Committee, we would have hoped to see some improvements in giving full effect to the Convention. Unfortunately, this is not the case. In fact, we must deplore that the situation has severely deteriorated since our last discussion. The Worker members would like to draw the attention of the Committee to the following issues.

First, the Committee of Experts’ report indicates that, following six years of inactivity, the Higher Labour Council had finally been reactivated in 2019. However, hopes for the re-establishment of tripartite dialogue in the country were quickly dashed as the Council held only three meetings. After November 2019, the Council simply never reconvened again. This clearly sends a very bad signal as to the commitment of the Government to respect and to ensure tripartite consultations.

On the basis of the comments of the Committee of Experts, we note that, during the last session that was held two years ago, the Higher Labour Council discussed the methodological proposal and road map to be followed for the development of the national strategy for the generation of decent employment. However, the Government provided no further information as to the outcome of the discussions, nor the follow-up given to any recommendations made.

We recall that, in ratifying the Convention, the Government of El Salvador undertook to operate procedures which ensure effective consultations with respect to the matters concerning the activities of the International Labour Organization pursuant to Article 5, paragraph 2, of the Convention, and that consultations shall be undertaken at least once a year.

We add that, pursuant to Article 3 of the Convention, for the purpose of tripartite consultations, the representatives of workers shall be freely chosen by their representative organizations. The Government does not respect that provision as it does not respect the free choices of workers’ representatives and proceeds unilaterally to the appointment of workers’ representatives.

In addition to this, we wish to emphasize that trade union registration procedures in El Salvador are long, drawn out and arbitrary as they grant full discretion to the authorities to delay trade union registration. We recall that under El Salvador law, unions must request the renewal of their legal personality with the authorities every 12 months. Without this registration, unions lose their legal personality, which prevents them from operating as unions, legally holding property and bank accounts, and conducting any trade union activities, including engaging in collective bargaining.

Against this background, the Workers’ group informs the Committee that, in January 2021, the Government decided unilaterally to withdraw the credentials of all democratic unions. This kind of practice does not provide the necessary framework conditions for tripartite consultations.

Finally, we must recall that, as mentioned in Article 1 of the Convention, there is a close link between this Convention and freedom of association. In that regard, we regret the acts of intimidation and threats, targeting members and leaders of independent unions in the country. There have been concerning reports of union leaders receiving threats and being followed by unknown individuals on motorcycles while their phones and communications are being tapped. We recall that attacks, intimidation, threats and harassment are not compatible with the Convention.

Worker member, El Salvador – Taking into account the ILO definition of social dialogue, which is essential for compliance with the Convention, and respect for the full exercise of freedom of association, we demand that the ANEP respects the human right of freedom of association, the establishment of unions, free from any restriction or coercion, collective bargaining and strike action in all sectors. And we call on the Government to be the guarantor of compliance with these rights.

We condemn the doublespeak of the ANEP, which claims that the Government is not in compliance with the Convention, when it is the organization that maintains exclusivity of representation of employers on all joint and tripartite bodies.

We reject all types of interference by the ANEP in relation to trade union representation, in seeking to favour allies and organizations close to it, by endeavouring to delegitimize lawful and representative organizations. We demand that the ANEP respects the autonomy and independence that we guarantee for trade unions under the terms of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), for the election of our representatives.

We support the recent reforms to the various official independent institutions with the objective of democratizing participation by employer representatives with the objective of ensuring that their governance is in accordance with the terms of the Convention. Bodies that have traditionally been controlled by the ANEP should operate on the basis of social interests and should not favour the economic interests of large enterprises.

We therefore demand that, in the same way as for trade unions, the representatives of employers are also elected and appointed freely and in a context of the equality of members. It is in our interest for small and medium-sized enterprises to participate and be well represented in these bodies, and that the ANEP does not impose itself as the sole representative of this sector.

The Convention establishes procedures for tripartite consultation and the re-examination at appropriate intervals of unratified Conventions. In this regard, we wish to recognize the readiness and political will of this Government, through the Ministry of Labour, which has initiated the administrative process for the ratification of important ILO Conventions, including: the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Collective Bargaining Convention, 1981 (No. 154), and the Violence and Harassment Convention, 2019 (No. 190).

We recognize that, despite the situation experienced due to the COVID-19 pandemic, the Government has made efforts to promote conditions for tripartite social dialogue. For that purpose, meetings have been held virtually, and sometimes face-to-face, in the five tripartite bodies, which include the Higher Labour Council, in accordance with biosecurity protocols, so as to give priority to the safety and life of workers.

We reiterate, in our capacity as representatives of workers and ILO constituents, our support for the action that the Government of El Salvador has been taking, and we do not agree with the continued inclusion of our country on the short list. What we really need is ILO technical support and a visit by a direct contacts mission to verify the situation that we have described.

Equitable terms of employment, decent working conditions, occupational safety and health, and development for the benefit of all, cannot be achieved without the active participation of workers, employers and the Government through social dialogue. We hope that the conclusions of this case will set out clear and specific elements and a precise time frame as a basis for the urgent adoption of a plan to resolve the issues identified during this discussion, thereby guaranteeing full compliance with the Convention.

Employer member, El Salvador – We have listened carefully to the explanations provided by the Government of El Salvador on the failure to comply with the Convention, which are far from what is happening in my country.

Two years ago, in this Committee, we expressed our optimism at the commitment made by the new Government to comply with international Conventions and submit to the ILO supervisory mechanisms. Nevertheless, what we have today in El Salvador is systematic harassment at the highest level of the State, through the person of the President of the Republic, against the President of the ANEP and against the ANEP itself.

The objective is to exert pressure until the President of the ANEP resigns from office. The seriousness of the situation has led to us, with the support of the IOE, requesting the urgent intervention of the Director-General of the ILO. Employers must continue to be free to elect their representatives.

On 1 May, the first day of the new legislature with the majority of the President of the Republic, the deputies dismissed the Constitutional Chamber of the Supreme Court of Justice and the Public Prosecutor. Now the President of the Republic has total control over the three state authorities and has eliminated any body that provides checks and balances. And the Government is going for even more. Now it wants total control of production, as it announced publicly on 1 June 2021 on the occasion of the second anniversary of it taking office.

The President announced in his speech: “The fifth step is freeing ourselves from the ideological apparatus.” Two days later, through his personal Twitter and Facebook accounts, he said: “Today, I have sent 23 legislative initiatives to the Legislative Assembly to remove the ANEP from the boards of autonomous bodies and accordingly to make them truly work in the service of the people. The fifth step in our struggle is beginning, now the real employers will be represented on autonomous bodies and will ensure the real interests of private enterprise as a whole.” The leaders have been in the minority on the governing boards of tripartite and joint bodies and have offered their professional and entrepreneurial experience to improve the performance of these bodies.

Those reforms were approved on the same day. Through them, the President of the Republic gave himself the power to nominate leaders who allegedly represent employers, and to dismiss them.

All of this is very serious, not only because it is in violation of the Convention, but also because it clearly shows the authoritarian nature of the Government. The so-called “fifth step” eliminates the independence of employers’ organizations to choose their representatives freely and independently. It therefore seems to us to be essential to urge the Government to take the necessary measures without delay to amend the 23 decrees approved on 2 June 2021 so that they are in compliance with the guarantees set out in the Convention. Similar conclusions were adopted by the Committee in 2016.

I now need to provide a brief summary of the conclusions adopted by the Committee in 2019, to which the Government has not only failed to give effect, but which it has even gone against. The Government has continued to interfere in the establishment of employers’ organizations by putting forward cooperatives and microenterprises as employers’ representatives. It has not consulted the most representative organizations on the establishment of clear rules for the reactivation and functioning of the Higher Labour Council.

The Government only reactivated the Higher Labour Council temporarily for six months, and it is now once again inactive. A mere four weeks ago, and only in writing, the Government initiated the process of the submission of three ILO Conventions and six Recommendations, without any consultation of the inactive Higher Labour Council. The Government has still not sworn in the directors nominated by the ANEP in the El Salvador Social Security Institute, the Maritime Port Authority and the International Centre for Fairs and Conventions. The Government did not respect the independence of the most representative organizations of employers when amending the 23 laws referred to previously. There was no direct contacts mission before the 109th International Labour Conference.

Over the past 12 years, we employers’ organizations have suffered from violence, harassment and exclusion by the Government through every possible means, which is contrary to the ILO’s fundamental Conventions. For this reason, the announcement by the Government of the so-called “fifth step” gives rise to the greatest concern, as it may mean an intensification of such acts. We all need social dialogue as an instrument to seek solutions with a view to promoting development, attracting investment and generating decent employment in accordance with the Constitution of the Republic, the national legislation and international Conventions.

It is for that reason that we have had recourse to the ILO. And that is why we are requesting the Committee to adopt the conclusions proposed by the Employer spokesperson.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries, Montenegro and Albania, the EFTA country Norway, member of the European Economic Area, as well as the Republic of Moldova, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, as safeguarded by the fundamental ILO Conventions and other human rights instruments.

We firmly believe that compliance with ILO Conventions is essential for social and economic stability in any country and that an environment conducive to dialogue and trust between employers, workers and governments is the basis for solid and sustainable growth, and inclusive societies.

The EU and its Member States stand with the people of El Salvador and we are committed to strengthening our cooperation through political and trade ties.

The EU–Central America Political Dialogue and Cooperation Agreement, which entered into force in 2014, and the provisional application of the trade pillar of the EU–Central America Association Agreement since 2013, provide a framework for developing our partnership, including cooperation on trade and sustainable development, in particular on the effective implementation, in law and in practice, of the fundamental ILO Conventions.

We note with deep regret that no progress has been made in complying with the Convention and that social dialogue continues to be dysfunctional in the country, even though the case was already discussed in the last three sessions of the Committee, including as a serious case in 2017.

We welcome the inauguration and first session of the Higher Labour Council (Consejo Superior de Trabajo (CST)) in September 2019 and the measures taken by the Government to initiate social dialogue and reactivate the CST following the Committee’s 2020 report. We welcome the finalization of the National Decent Work Policy with ILO technical assistance. We note, however, observations of the ANEP alleging acts of intimidation against its newly elected President. We ask the Government to provide further information with regard to these allegations, as well as detailed and updated information on the measures adopted to ensure the effective operation of the CST and on the content and outcome of the tripartite consultations held within the framework of the CST.

Regrettably, we note the Committee’s observations that the Government has not provided information on the tripartite consultations held on the draft protocol on the submission procedure, nor on the progress made with its adoption.

The EU and its Member States join the Committee’s repeated call to share updated information on this issue without further delay.

The Government has equally failed to provide information in its report on the tripartite consultations held on matters relating to international labour standards covered by the Convention. We request the Government once again to rectify these reporting obligations.

We also ask the Government to continue providing detailed and updated information on the measures adopted or envisaged to promote tripartism and social dialogue in the country within the context of ILO technical assistance and on their outcome. We urge the Government to honour constructively and genuinely its commitment to effectively implement in law and in practice all ratified ILO Conventions, including the fundamental Conventions and the Convention on tripartite consultation.

The EU and its Member States remain committed to joint constructive engagement with El Salvador, including through cooperation projects, which aim to strengthen the Government’s capacity to address the issues raised in the Committee’s report.

Government member, Barbados – I am delivering this statement on behalf of the group of Latin American and Caribbean countries (GRULAC). We appreciate the information provided by the Government of the Republic of El Salvador, through the Minister of Labour and Social Welfare regarding compliance with the Convention.

GRULAC takes into account that in the 2019–20 report of the Committee of Experts, it includes, among other issues, the following quotation:

On 16 September 2019, once the Government, Worker and Employer representatives had been appointed, the CST was inaugurated and held its first session. The Government provideed in its report a list of the Government, Employer and Worker representatives selected. During the session, the members of the CST unanimously approved a communication informing the national and international communities of the reactivation of the CST and requested the ILO to continue providing technical assistance.

On 14 October 2019, the second session of the CST was held, during which unanimous approval was expressed for the preparation of a National Decent Work Policy with ILO technical assistance. The third session was held on 6 November 2019, in which the discussions, among other subjects, covered the methodological proposal and road map to be followed for the development of the National Strategy for the Generation of Decent Employment.

The COVID-19 pandemic has affected us all. We have faced an unprecedented crisis and continue to face new challenges every day. As stated by the distinguished representative of El Salvador, in his country, each sector, both business and labour, had its own challenges generated by the pandemic, which is why they needed support adapted to their specific needs. Faced with this extraordinary situation, the CST stopped meeting, but this did not mean a breakdown of tripartite social dialogue in El Salvador, which continued to function resulting in the development of general and specific biosafety protocols for each sector of the economy, the discussion of economic measures to minimize the impacts of COVID-19, as well as a gradual and orderly reopening of the economy. Both groups of employers and workers participated actively in these processes.

Similarly, in 2019, after the conclusion of the Conference Committee, the Government of El Salvador was urged to accept a direct contacts mission, which was accepted by Minister Castro, on behalf of the Government of El Salvador. Due to the pandemic, it has not yet been carried out. However, during his working visit to Geneva in May 2021, Minister Castro reaffirmed to the Director of the ILO International Labour Standards Department the will of his Government to receive said mission as soon as possible.

In light of the foregoing, we encourage the commitment of the Government of El Salvador to the application of the Convention in law and practice and we also encourage the ILO to continue providing technical cooperation to the Government.

Employer member, Guatemala – It is an honour to address the Committee. I represent the employers of Guatemala, but on this occasion, I will comment on the complaint against the Government filed with the Committee on Freedom of Association by the employers’ representatives of El Salvador.

As we are all aware, the Convention is key to furthering social dialogue, and enables governments, together with the most representative workers’ and employers’ organizations, to reach tripartite agreements that benefit national development. Nevertheless, the Government of El Salvador has continued to violate the Convention by keeping the Higher Labour Council, a tripartite body of crucial importance and that must be consulted, inactive since 2013, only temporarily reactivating it between September 2019 and March 2020.

The current President of the ANEP was unanimously elected by its 48 member organizations on 29 April 2020. He was also appointed employer vice-chairperson of the Higher Labour Council. Thirteen days later, without any justification whatsoever, the Government, through a tweet from the President of the Republic, decided to withdraw his recognition, instructing its officials not to meet the ANEP. Since then, the Government of El Salvador has not convened a single session of the Higher Labour Council. Since then, the President of the Republic has been waging a continuous high-profile campaign to discredit, intimidate and harass the ANEP President, pressurizing affiliated employers’ organizations to remove him from office, thereby clearly interfering in the autonomy and independence of employers’ organizations to elect their representatives freely. This is a clear violation of Convention No. 87.

The Employers call on the Government of El Salvador to reactivate without delay the Higher Labour Council, with the participation of the ANEP, as the most representative employers’ organization in El Salvador; to immediately cease exerting pressure on the ANEP affiliate employers’ organizations to seek the removal of its President; and to accept an ILO direct contacts mission before the end of this year.

Worker member, Argentina – The Committee of Experts has reiterated a series of comments to the Government of El Salvador, urging it “to establish without delay, in prior consultation with the social partners, clear and transparent rules for the nomination of workers’ representatives to the Higher Labour Council that comply with the criterion of representativity”.

Given that these basic criteria have been disregarded for some time, the Government has been called upon once again by this Committee to establish a constructive dialogue and to collaborate in finding a solution to the problems raised, so that the right to freedom of association can be fully exercised in the country, by facilitating the participation of all representative workers’ organizations in the country’s tripartite bodies.

The rule of tripartism, and accordingly recognition of the genuine representation of employers’ and workers’ organizations in national bodies, is a basic principle of the ILO. It is also a useful means of enabling trade union organizations to express their views and to establish productive social dialogue on industrial relations matters, thus improving the quality of industrial relations and working conditions.

As an essential value for the ILO, tripartism is based on the requirement of respect for the autonomy and independence of trade union organizations, which naturally implies that they are recognized as legitimate partners representing workers, without any interference by the labour authorities. Tripartism that does not recognize all organizations that are representative of workers’ interests is not in compliance with the Convention and does not ensure the “effective operation” of the Higher Labour Council, as called for by the Committee of Experts.

We take note of the Government of El Salvador’s request for technical assistance.

Employer member, Dominican Republic – Thank you for giving us the floor to refer to the case of El Salvador, which involves the recurrent violation by the Government of El Salvador of the Convention which, as we are all aware, is a fundamental instrument for promoting social dialogue and tripartite consultation. We emphasize that the body created under the Convention, the Higher Labour Council, has not met since 2013, and was temporarily reactivated for six months, until March 2020.

It is of concern that the progress noted by the Committee of Experts in its 2020 report no longer exists, resulting in the clear deterioration of any measures seeking and fostering social dialogue. This situation has made it impossible to address matters of major national interest, such as the national employment policy, or to conduct tripartite consultations on the submission of the Conventions and Recommendations adopted by this Organization. In unstable conditions such as these, the processes of social dialogue and consultation do not produce the contributions that are expected, thereby weakening governance at a critical moment, due to a highly adverse political, health and socio-economic situation.

We also emphasize that the lack of a genuine dialogue process derives from the intention of the Government of El Salvador to invite to information meetings representatives of economic sectors that are subject to significant state regulation through permits, authorizations and sanctions, making it particularly difficult for them to refuse to participate and to require social dialogue to be conducted through the ANEP, the most representative employers’ organization in El Salvador, and through the Higher Labour Council.

In view of this misguided and ill-intentioned approach by the Government of El Salvador, we urge the Committee to act with determination to prevent the principles of social dialogue, as established in the Convention, from being continually flouted year after year. We call upon the Employer and Worker spokespersons to agree on conclusions that can resolve this situation.

Worker member, Italy – I am speaking on behalf of the Italian General Confederation of Labour (CGIL), the Italian Confederation of Workers’ Trade Unions (CISL) and the Italian Labour Union (UIL). The Convention ratified by El Salvador on 15 June 1995, on account of which it has once again been called before this Committee, is a basic instrument for the establishment of democratic practices. It is also key to addressing matters relating to international standards, which require greater attention and constitute the fundamental instrument for the full observance of human rights in the area of labour. In accordance with Article 2(1) of the Convention, tripartite consultation bodies must be strengthened. However, certain recent events show that El Salvador, and particularly the Government of President Nayib Bukele, has shown little interest in giving effect to this requirement.

The most specific fact relating to the Higher Labour Council is the complaint lodged by workers’ representatives that this body ceased operating between 2013 and 2019. This led to the opening of Case No. 3054 in 2013, which is still pending. While the Council was reactivated in October 2019, it has been inactive since March 2020, as it has not been convened by the Ministry of Labour. Without disregarding the impact of the pandemic, it is clear that social dialogue in the main institutional body for reaching national agreements is locked in stalemate.

In addition, in recent statements, President Bukele himself has stated that he ordered the removal of members of the ANEP, the most representative employers’ organization, from a number of autonomous institutions, arguing that they should be placed at the service of the people, and replacing them with what he calls “representatives of real private enterprise”. The ANEP reported to the Committee of Experts that the Government has been thwarting dialogue between itself and public officials, and publicly vilifying the organization and encouraging public rejection of its representatives. Such practices are clearly in violation of Article 3(1) of the Convention, which provides that the representatives of employers and workers shall be freely chosen by their existing representative organizations.

Employer member, Mexico – As previously stated, in June 2019, this Committee once again urged the Government of El Salvador to refrain from interfering in the establishment of workers’ and employers’ organizations and to facilitate, in accordance with national legislation, the proper representation of legitimate employers’ organizations. It is of concern to the employers’ representatives, according to the information received, that through its actions the Government of El Salvador is continuing to violate the Convention, and that it is acting outside the Higher Labour Council of El Salvador, despite having expressed its willingness to comply with this Committee’s conclusions.

As mentioned by the Worker spokesperson, social dialogue is unquestionably an instrument that can serve El Salvador to strengthen enterprises and boost investment, thereby creating more and better jobs.

We align ourselves with the views expressed by the Employer spokesperson. We therefore invite the Government of El Salvador to undertake before this Committee to accept an ILO direct contacts mission before the end of this year; to promote social dialogue and to encourage, with the participation of the most representative workers’ and employers’ organizations, the adoption of clear, objective, predictable and legally binding rules that will allow the Higher Labour Council to be promptly reactivated; and to respect the independence of the most representative workers’ and employers’ organizations, and to refrain from actions that would amount to interference.

Employer member, Argentina – We regret that all the work and efforts of the Committee have not borne fruit, and its recommendations continue to be disregarded by the Government of El Salvador. All the more so, given that, during the 2019 session, we heard the Government’s statements concerning its willingness to reactivate the Higher Labour Council, and again today to receive ILO technical assistance to promote and strengthen tripartism and social dialogue in the country – objectives that are far from being realized.

We regret that the reactivation of the Higher Labour Council was limited to the period between September 2019 and May 2020 and was not accompanied in practice by clear and transparent mechanisms for the appointment of representatives of the social partners.

The Convention clearly provides that it is the social partners who must freely elect their representatives through their most representative organizations. We recall the information provided by the employers of El Salvador, specifically concerning the Government’s disregard for the President of the ANEP, elected in May 2020, as well as the intimidation of private sector representatives and government interference in the internal affairs of employers’ organizations.

We are dealing with a case of the persistent violation of the requirements of this Convention. There is compelling evidence and we have heard testimonies from the social partners that the country’s tripartite bodies are not functioning properly, and are not legitimately constituted in a tripartite manner. We hope that, in light of this debate, this situation will change swiftly and that the opportunity will be seized to work on creating the necessary conditions to guarantee compliance with the Convention and to ensure that the most representative workers’ and employers’ organizations are duly represented in social dialogue mechanisms.

Employer member, Honduras – We share the ANEP’s serious concern regarding the repeated violation by the Government of El Salvador, not only of Convention No. 87 and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), but also of the ILO Constitution and Article I(d) of the Declaration of Philadelphia. In view of the continued violation of the Convention by the Government of El Salvador, we ask the Committee to set out the following requirements for the Government: (1) the Higher Labour Council must be upheld as a neutral and objective body, without interference in its functioning, that promotes social dialogue, ensuring the autonomy of the social partners, with a view to the conclusion of agreements that foster well-being and development for El Salvador in a tripartite manner; (2) social dialogue in the Higher Labour Council must take place in accordance with Articles 2 and 5 of the Convention, putting into practice procedures that ensure effective consultation between the social partners and the Government; and (3) we invite this Committee to constitute an ILO direct contacts mission before the end of 2021, to advise and accompany legitimate employers’ representatives, through the ANEP, workers and the Government in the development of a regulatory and operational framework that ensures the reactivation and continued operation of the Higher Labour Council.

We regret that the Government of El Salvador is unable to recognize the ANEP, which is the employers’ organization that is most representative of El Salvador’s productive and economic strength, bringing together 50 organizations from 55 economic sub-sectors and more than 15,000 companies. With this broad representativeness, which meets the requirements of Article 1 of the Convention, we are convinced that the ANEP, as a business organization, helps to strengthen the free enterprise and active participation in social dialogue that is necessary for the strengthening of democracy. The Government cannot and must not interfere in the decisions of private sector bodies.

Employer member, Costa Rica – Ever since the ILO was created, it has promoted cooperation between employers, workers and governments, thereby enabling social justice through social dialogue. The Convention makes it possible to ensure the participation of employers and workers within each country. For this reason, the Convention is one of the most important ILO labour standards in terms of governance. Article 1 of the Convention clearly establishes that the most representative organizations of employers and workers are those that enjoy the right of freedom of association, a principle that also means that States must refrain from interfering in the establishment of these organizations.

The employers of Costa Rica therefore consider that it sets a bad international precedent to allow the removal of an organization such as the ANEP, which until now has been the representative of the formal productive sector in El Salvador, from the boards of public bodies.

In addition, Article 3 of the Convention provides that the representatives of employers and workers shall be freely chosen by their representative organizations. In light of the above, it is difficult to understand how the executive can assume the power to dismiss board members who represent employers’ organizations, while also establishing discretionary and arbitrary grounds for doing so. Clearly this is a violation of the Convention and of the principle of freedom of association.

We request the Government of El Salvador to reactivate the Higher Labour Council, which was created as a consultative body to the executive authorities, with the aim of the institutionalization of social dialogue and the promotion of economic and social cooperation between the public authorities and employers’ and workers’ organizations, together with the other social dialogue bodies. We also ask the Government to refrain from interfering in the establishment of employers’ organizations and to facilitate the due representation of these organizations. This is a fundamental element in a democracy.

Employer member, Colombia – I would like to refer to two aspects of the case. First, Article 2 of the Convention refers to the commitment to hold effective consultations and is based on social dialogue as an essential tool for the formulation of joint proposals between workers, employers and the Government, to promote growth, peace and general well-being.

In this regard, in order to achieve true dialogue and therefore the holding of effective consultations, what is required, as the Committee on Freedom of Association has indicated, is a climate of confidence based on respect for employers’ organizations and trade unions in order to promote stable and sound industrial relations. Regrettably, the main social dialogue forum in El Salvador has remained inactive and, although the Government reported the resumption of its activities to the Committee of Experts, these only went ahead for a short period, up to March 2020. Since then, there has been no forum for tripartite consultation.

Second, it should be emphasized that the representatives of workers and employers must be freely chosen and represented on an equal footing, as provided for by Conventions Nos 87 and 144. The Committee on Freedom of Association has indicated 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.

We note with concern, on the one hand, that the Government has decided not to recognize the ANEP President as the employers’ representative, the ANEP being the most representative employers’ organization in the country, and, on the other, that the Government has been making attacks and accusations through the media and social networks against the ANEP leader.

In conclusion, we request the Government to reactivate tripartite social dialogue forums, take immediate action to create a climate of confidence and respect for employers’ organizations and carry out effective consultations on ILO-related matters and all topics related to labour and social policies in the country.

Observer, International Organisation of Employers (IOE) – The facts stubbornly indicate how serious and repeated the violations are by the Government of the Convention, freedom of association and freedom of expression. The situation is worsening further, with ever-greater restrictions being placed on these freedoms.

I recently had a polite conversation with the Minister, present here today, in which he clearly indicated to us his strong commitment to making progress in this case. We were therefore surprised when, just a few days after that meeting, the Government decided to explicitly exclude the ANEP representatives from tripartite bodies, a decision that was communicated to the public in a bragging and derisive manner through the social media channels used so frequently by the President. The President’s exact words were as follows: “I have sent 23 initiatives to the @AsambleaSV to remove the ANEP from the boards of the autonomous institutions and put them truly at the service of the people. ANDA, ISSS, SIGET, FOVIAL, FISDL, FONAVIPO, FSV, CORSATUR, BANDESAL, etc. No more barriers to the development of our country.” Facts speak louder than words, Minister. The ANEP does not represent a small minority of employers, as you have claimed.

The failure to convene the Higher Labour Council, the convening of employers’ organizations and the creation of parallel organizations are also facts that speak for themselves. Public, intimidatory accusations in volleys of tweets, the President’s usual form of communication, denigrating and expressing contempt for the ANEP, is aggressive behaviour that has been brought to the attention of the ILO.

You have obligations deriving from the Conventions that you have ratified. We reserve our legitimate right to activate other mechanisms of the standards supervisory system if you do not respect them in law and in practice.

Observer, Democratic Union Alternative for the Americas – I am speaking on behalf of the Democratic Union Alternative for the Americas (ADS) and our affiliate organization, the National Confederation of Salvadorean Workers (CNTS), which has its own delegate on the Higher Labour Council and confirms that it has been inactive since February 2020.

One matter that remains pending is the reform of the Civil Service Act through the proposed Public Service Bill, which was deemed by the CNTS to be in violation of the ILO’s fundamental Conventions and Salvadoran labour law.

There is an urgent need to conclude the investigation into the murder of our colleague, Victoriano Abel Vega, who was a member of the Federation of Municipal Workers Trade Unions (FESITRAMES). The Government, in this case, must require the Public Prosecutor’s Office to ensure a rapid procedure and response to bring charges against those responsible for this vile act.

The CNTS has submitted to the Minister of Labour, who is present at this meeting, proposed reforms to the Constitution, the Labour Code and the Civil Service Act, all based on the ILO’s recommendations, and has called for the rapid delivery of trade union accreditation, as indicated by colleagues speaking before me. The response has been mass dismissals, anti-union persecution and a refusal to recognize the need for dialogue and consultation with the social partners.

Observer, Confederation of University Workers of the Americas (CONTUA) – As in 2019, we are taking the floor in the case of El Salvador on behalf of Public Services International (PSI) and CONTUA, in support of the workers of El Salvador who are suffering the constant violation of their trade union rights.

At the 2019 session, there had been a recent change in government. As in so many other cases, we heard the incoming Government blame the outgoing administration for failures of compliance and ask the ILO to trust it to meet the demands, promising to give effect to international labour standards and to respect policies agreed through dialogue. But unfortunately, as on so many other occasions, that is not what happened.

Social dialogue must be a policy and an ongoing productive practice. There must be room at the table for employers and for all representative trade unions, without exception. It is not for the Government to select representatives of the labour movement according to its preferences. It is for the workers to establish their own organizations freely, and the Government must not interfere or favour one organization over another.

In El Salvador, there are persistent political, legal and administrative obstacles to the genuine, regular and ongoing functioning of the Higher Labour Council. We continue to lack clear rules that respect freedom of association and the right of the social partners to organize independently and in good faith, so that they can participate in dialogue bodies, establish programmes of work, undertake negotiations and reach sustainable agreements.

There also continue to be unjustifiable delays in the granting of trade union status, and we are referring here to the legal personality of trade unions, and in the certification of trade union officers by the Ministry of Labour, which in some cases takes more than six months. We must note here the discretionary action of the enforcement authority, which acts with urgency for organizations that enjoy good relations with the Government, and with punitive delays for independent trade unions.

We urge the Government to cease its preferential practices and to act in accordance with its role of respect for freedom of association, without interference. The ILO could cooperate with the new Government and the social partners by providing technical assistance to create political trust, legal solidity and the necessary climate of respect and trust.

Government representative – Firstly, all observations on essentially peripheral matters that are unrelated to the country itself, but rather to the international community, reflect an El Salvador that is different to what is described here and the situation we are experiencing in El Salvador.

Tripartite social dialogue, and particularly the Convention as a cross-cutting objective of the ILO, is not only an international legal requirement that we must fulfil, but also, as I said a moment ago, the most vital and fundamental pillar of a strong and solid democracy. And we think that is it not only an option for the Government, but a crucial requirement to move our country forward.

Article 37 of the Constitution of El Salvador provides that: “work is a social function, enjoys the protection of the State and shall not be considered a commodity”. That is the problem that is arising in El Salvador today. Previously, not only did the ANEP promote employers, but the Minister who used to sit here was proposed by the ANEP, and the labour representatives there at that time were also promoted by the ANEP. During the Nationalist Republican Alliance (ARENA) Governments, as you can check in the ILO, there were never complaints by the ANEP, because tripartite social dialogue was focused on a single segment of the population, namely the ANEP. What we have done is to diversify tripartite action by democratizing institutions. The ANEP participates in 27 bipartite forums, that is those that involve only the ANEP and the Government, and the opening up of those 27 bipartite forums to tripartitism was never considered. That contradicts what is being said today, and is in even greater contradiction with the Convention.

All those who have spoken, and particularly the international community, have suggested that the Committee must travel to El Salvador. That is what I said in my opening statement, when I urged it to come, because when the Committee does come to El Salvador, it will see first-hand, and not through third parties, what is happening in our country.

The only thing that we are against is the politicization of institutions. The ANEP has been used as an institution to elect ARENA presidents. That was true for the former ANEP President, Elías Antonio Saka, the former President of El Salvador, who is now in one of the country’s prisons serving a sentence for corruption involving more than US$350 million. That is what we cannot continue to allow in El Salvador. I have here the charges and even the submissions that were sent to the ANEP. In other words, it is not us acting against the ANEP, but a separate tax and fiscal issue. Because in this country, absolutely everyone must pay tax on an equal footing.

Through the amendment made to the law, what we are seeking is for everyone to participate, because previously the ANEP alone had absolute control over everything. Today, we want elections to be democratic, totally in line with the calls made by the different actors. The Government must not say who represents the employers. Nor can the Government influence who represents the workers. Representation must not only be legal, but also legitimate, which is related to the level of representativeness. As I have just said here, in this international forum, the most dangerous thing that could happen at the national and international levels is for such a prestigious institution as the ILO to be used to defend someone who is being investigated for evading US$5 million in tax in El Salvador. This has nothing to do with the ANEP or any employers’ association. We are complying with all the procedures requested of us by the tripartite body. They even sent their pandemic specialists to meetings with us to decide on biosafety protocols. The specialists came from all the employers’ associations, they came to represent their associations, and we have been working on biosafety protocols at the framework level, as I said, and we have worked on more than 2,000 protocols jointly with all the social partners and actors.

What we are doing – and I insist – is a process of democratization, of opening up. Everything that has been requested by all partners and actors at the international level, and the facilitation of tripartite social dialogue, we are also seeking, and that is why I said in my intervention today that it is more than ever necessary for the Committee to travel to El Salvador. I am not only saying it here, I have travelled myself. I have just returned from a visit to Geneva, where I met the Committee to share absolutely everything. Because there are two different countries and two different worlds here; what has been suggested in the interventions by the various speakers, and what is actually happening in El Salvador. In El Salvador, this Minister, and the decision of the President, is to adopt a totally democratic spirit. To bring normality to what was not normal before, and what they tried to tell us was normal. Now we must democratize absolutely everything, and all actors and partners in society must have access to representation. So we are totally open. I went directly to Geneva to give a report personally and in person. That was to show that someone who goes to represent their country does so because they are doing things correctly, in our view. I repeat, we may make some mistakes in our government action, as in any imperfect human endeavour, but it is certain that, today more than ever, tripartite social dialogue is being favoured.

What we are developing here in the Ministry are clear rules, and as I said in my intervention, everything is as we have discussed, analysed and worked on together. The only things that are not negotiable are the genuine rights of the working class. That has also caused us some discomfort, because there are employers that fail to comply with national or international labour regulations in certain ways, and that has led us to be quite forceful, to create a Ministry of Labour that had been missing for many decades, for a long time, in terms of regulation and harmonization between employers and workers. We continue to be open. For the fourth time in this intervention, I am saying that it is necessary to request assistance and for the Committee to come here. I am requesting this on behalf of the State of El Salvador, because we are totally convinced that, today more than ever in this country’s history, El Salvador is democratizing and endeavouring to favour tripartite social dialogue, for two reasons: because we consider it to be a conviction and commitment to democracy, and also because we are founding Members of the ILO and we have ratified the Convention, we are totally cognizant of that, and for that reason we favour tripartite social dialogue.

Employer members – We have listened carefully to all the interventions made during the discussion and we regret that the Government has not provided a specific reply to the questions raised by this Committee and the Committee of Experts.

What is worrying is that the Government is not acting with sincerity. If you look at the Twitter account of President Bukele, the systematic exclusion directed by the latter towards the ANEP can be seen. That is compounded by the creation of unrepresentative workers’ and employers’ organizations that serve to try and present a situation that does not represent reality in El Salvador.

The facts described show the extreme contempt in which the Government holds social dialogue and compliance with the obligations assumed when the Government of El Salvador ratified the Convention, which promotes tripartite consultation. I wish to make it clear to the Government representative that for tripartite consultation to be effective it has to be carried out with the most representative organizations of workers and employers, and not whomsoever the Government chooses. On this, there is full clarity in the Organization and there can be no doubt.

It appears to me that during the process of consultation with the ILO this will become very clear.

This contempt is shown notwithstanding the content of the conclusions adopted by the Committee in 2017, 2018 and 2019, despite the seven observations made by the Committee of Experts, despite the numerous urgent interventions requested from the ILO Director-General, Mr Ryder, by the ANEP and the IOE, and despite the Government’s claims to describe a situation that does not exist. The situation of non-compliance with the Convention is continuous, serious and urgent.

We accordingly call for the Government to be required to: refrain from attacking and disparaging the ANEP, the most representative employers’ organization and its leaders, as has been attempted in this very sitting; refrain from interfering in the establishment of workers’ and employers’ organizations, tripartite and joint bodies, and ensure, in conformity with the national legislation, the proper representation of legitimate employers’ organizations by issuing the necessary credentials and accreditation; develop, in consultation with the most representative organizations of employers and workers, clear, objective, predictable and legally binding rules for the reactivation and full operation of the Higher Labour Council with the inclusion of the most representative organizations of workers and employers, not those which they democratically wish to add, but those which are accredited with the greatest representation; reactivate without delay the work of the other tripartite and joint bodies in respect of the autonomy and participation of the organizations – and I insist – that are most representative of workers and employers through social dialogue in order to guarantee their full operation without any interference.

The Government should be required, in consultation with the social partners, to take without delay all the necessary measures for the amendment of the 23 decrees adopted on 3 June 2021 so that they are in compliance with the guarantees set out in the ILO Conventions ratified by El Salvador. It should have recourse without delay to ILO technical assistance, which must include the Convention. It should provide a detailed report on the application of the Convention in law and in practice to the Committee of Experts before its next session in 2021. Without delay and without any further excuses, a high-level mission should be established and should visit El Salvador before the next International Labour Conference.

We request, and we ask for this to be duly noted, the inclusion of the present case in a special paragraph of the Committee’s report in 2021.

Worker members – We would like to thank the Government of El Salvador for their comments. We also thank all the other speakers for their interventions.

The Worker members note that, since our last examination of the case in 2019, the situation regarding the application of the Convention in El Salvador has severely deteriorated. We emphasize once more the importance of guaranteeing the necessary framework conditions for tripartite consultations in line with the Convention, including respect for the principle of free choice of workers’ representatives for the purpose of tripartite consultations, and a regular and genuine tripartite dialogue in the framework of the Higher Labour Council.

Therefore, we call on the Government of El Salvador to take the necessary measures to give full effect to the Convention, including in so far as they contribute to the respect and promotion of freedom of association in the country. We call on the Government to send information on the measures taken to the Committee of Experts.

Conclusions of the Committee

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

In this regard, the Committee urges the Government of El Salvador to:

• refrain from interfering in the constitution and activities of independent workers’ and employers’ organizations, in particular the National Business Association (ANEP); and
• reactivate, without delay, the Higher Labour Council (CST) and other tripartite entities, respecting the autonomy of the social partners and through social dialogue in order to guarantee their full functioning without any interference.

The Committee requests that the Government continue to avail itself of ILO technical assistance.

The Committee requests that the Government submit a detailed report on the application of the Convention in law and in practice to the Committee of Experts before its next meeting in 2021, in consultation with the social partners.

The Committee requests that the Government accept a high-level tripartite mission to be carried out before the next International Labour Conference.

The Committee decides to include the case in a special paragraph of its 2021 report.

Another Government representative – We note all the conclusions of the honourable Committee. In this regard, in my capacity as Permanent Representative, I will immediately transmit the respective conclusions to my Government for its due attention and response.