Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2(1) and 25 of the Convention. Trafficking in persons and penalties. In its previous observation, the Committee requested the Government to provide information about pending prosecutions as well as copies of any existing court rulings on the application of national legislation (sections 367 and 370 of the Penal Code) that penalizes trafficking in persons.

The Committee notes with interest the information provided by the Government in its report, according to which 11 sentences of from three to nine years’ imprisonment were imposed during the period from October 2006 to March 2008. The Government indicated that the text of the court judgements in these cases could not be supplied until the Supreme Court of Justice ruled on the appeals that were pending before it. The Committee hopes that the Government will provide a copy of the rulings mentioned as soon as possible, and that it will continue to inform about sanctions imposed on those responsible for the crime of trafficking in persons.

The Committee also notes with interest the adoption of the Strategic Plan 2008–12 of the National Committee against Trafficking in Persons, developed with assistance from the International Organization for Migration and the International Labour Organization, which has the objective of creating conditions and instruments that can contribute to the eradication of trafficking in persons. The Committee hopes that the Government will provide information about the actions undertaken in the different areas of the Strategic Plan, namely the legal framework, caring for victims, prevention, communication and sensitization.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Imposition of overtime in the maquila industry. In its previous comments, the Committee requested the Government to provide information on the average number of additional hours worked by workers in the maquila sector and to indicate the measures taken or envisaged to protect workers in this sector against the imposition of compulsory labour. The Committee noted in previous comments the allegations made by trade union organizations, according to which production targets are set in maquila companies which require employees to work beyond the ordinary working day, without pay and under threat of dismissal.

The Government in its previous report received in 2004 provided information on the establishment of offices of the Ministry of Labour and Social Welfare in the export processing zones of Exporsalva, American Park and El Progreso with the role of serving as mediators after the means of redress offered by the enterprises has been exhausted. The Committee requested the Government to provide information on the activities of these offices, with an indication in particular of the number of instances in which workers have alleged the imposition of labour outside the ordinary working day.

The Committee notes the information provided by the Government in its report received in 2006, as to the activities of these offices which, inter alia, provide advisory services on labour matters and conciliation procedures for the resolution of conflicts between workers and enterprises located in export processing zones. Furthermore, training is provided on workers’ rights. The Committee also notes that the Ministry of Labour and Social Welfare is evaluating the results achieved through the presence of these offices in export processing zones. The Committee takes due note of this information and requests the Government to provide the results of this evaluation.

Article 2(2)(c) of the Convention. Consent of prisoners to work for private enterprises. The Committee previously requested the Government to indicate whether, pursuant to section 112(3) of the Prisons Act, the Ministry of Justice has concluded agreements with individuals or associations respecting the organization of agricultural, industrial or commercial undertakings, and to indicate the measures taken or envisaged to ensure that work by detainees for private enterprises is voluntary. The Committee notes the Government’s indication in its report that agreements have not been concluded under the above provision. The Committee hopes that the Government will inform it of any change in this situation.

The Committee notes the information provided by the Government on the sentence of compulsory work to be performed for private entities providing public services.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons and penalties. In its previous observation, the Committee requested the Government to provide information on the measures taken to prevent and combat trafficking in persons, including the court judgements handed down pursuant to sections 367 and 370 of the Penal Code, under the terms of which trafficking in persons for any purpose and the organization or membership of international organizations involved in the trafficking of slaves or the sale of persons are punishable by a prison sentence of between four and eight years, respectively. The Committee noted the Government’s indication that, in connection with sections 367 and 370 of the Penal Code, a number of court cases were under way on which no rulings had yet been handed down and that it would bring them to the attention of the Committee when they were issued. The Committee noted with concern that no penalty had been imposed under the provisions of the Penal Code to punish trafficking in persons and recalled the requirements set out in the Convention that the exaction of forced labour shall be punished as a penal offence by penalties that are really adequate and are strictly enforced (Article 25).

The Committee notes the Government’s indication in its last report received in August 2006 that awareness-raising campaigns are being carried out for the population at large with the participation, inter alia, of the Office of the Public Prosecutor of the Republic and its crime prevention unit. It adds that a National Committee on Trafficking in Persons has been established in which various institutions participate, such as the General Directorate of Migration and Foreign Nationals, the national police, the Office of the Public Prosecutor, the Ministry of Labour and non-governmental organizations. The purpose of the National Committee is to coordinate action to ensure that effective measures are taken to combat and prevent trafficking in persons. Training programmes have also been carried out for persons working in this area on proving the existence of the crime and the accusation of the perpetrator in a manner that guarantees the presumption of innocence.

The Committee once again observes that the Government’s report does not contain any information on the application of sections 367 and 370 of the Penal Code. The Government does not refer to court cases that are under way, nor to any penalty imposed on the persons responsible. The Committee hopes that compliance with procedural guarantees of the presumption of innocence, which clearly have to be safeguarded in every country abiding the rule of law and to which the Government refers in its last report, will not affect or impede compliance with the requirement of the Convention, namely the imposition of penal sanctions following due process on those found guilty of the crime of trafficking in persons.

The Committee requests the Government to provide information on the court cases that are under way and, where appropriate, copies of the rulings handed down under the national legislation that has been adopted (sections 367 and 370 of the Penal Code) with a view to combating this serious crime. The Committee hopes that the Government will continue to provide information on any other measure adopted to combat trafficking in persons.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 2(c), of the Convention. Sentence of compulsory work to be performed for private entities providing public services. The Committee takes note of section 55 of the Penal Code and section 56 of the Prisons Act, which deal with compulsory work performed in the public interest. According to section 55 of the Penal Code, persons sentenced to perform work in the public interest are required to accomplish a working week of from eight to 16 hours, at the places and times determined by the judge supervising the penitentiary, in public or private social establishments. Under section 56 of the Prisons Act, inmates are assigned to a public or private social entity by the judge responsible for overseeing the penitentiary and the execution of the penalty.

The Committee observes that a person sentenced to carry out work in the public interest may be required to perform work for private legal entities, and reminds the Government that Article 2, paragraph 2(c), provides expressly that a person convicted in a court of law may not be hired to or placed at the disposal of private individuals, companies or associations. The exception allowed by this provision of the Convention does not cover work performed for private social entities, even if they are non-profit-making. However, work may be performed for such entities if the inmate so requests or freely consents.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to ensure that persons sentenced to perform work in the public interest are not hired to or placed at the disposal of private individuals, companies or associations without their consent. It also asks the Government to provide information on the arrangements for supervision by the public authorities (judges responsible for penitentiary oversight, Probation and Release Department) of the execution of the penalty of work in the public interest. The Committee requests the Government to provide a list of the private social entities referred to in section 56 of the Prisons Act.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 2, paragraph 1, and 25 of the Convention. Trafficking in persons, and penalties. In its previous observation, the Committee referred to comments from the Inter-Union Commission of El Salvador and the International Confederation of Free Trade Unions (ICFTU). Both these organizations referred to trafficking in women and young persons for the purposes of forced prostitution as a considerable problem. As regards the trafficking of young persons, the Committee considers that this is an issue that can be examined in connection with the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), also ratified by El Salvador. It accordingly refers the Government to its comments under that Convention.

The Committee notes the Concluding Observations of the Committee on the Elimination of All Forms of Discrimination Against Women (A/58/38, paragraph 271), in which the abovementioned Committee noted with concern the problem of trafficking and sale of women and girls and the lack of studies, analyses and statistics.

The Committee observed that trafficking in persons is a serious violation of the Convention and urged the Government to take the necessary measures to prevent and combat it. It asked the Government to provide copies of court decisions handed down pursuant to sections 367 and 370 of the Penal Code, under which trafficking in persons for any purpose, and organizing or belonging to international organizations involved in the trafficking of slaves or the sale of persons, are punishable by a prison term of from four to eight years and from five to 15 years, respectively. It also requested the Government to provide copies of the Santa Ana and San Salvador Municipal Codes on the trafficking of women.

In its report, the Government indicates, in connection with sections 367 and 370 of the Penal Code, that a number of court cases are under way and that the Committee will be informed of the judgements as soon as they have been given. The Committee notes with concern that until now no penalty has been imposed under the provisions of the Penal Code which punish the trafficking, and it reminds the Government in this respect that the Convention requires the exaction of forced labour to be punished as a penal offence by penalties that are really adequate and strictly enforced (Article 25).

The Committee hopes that in its next report the Government will provide information on the measures taken to prevent and combat trafficking in persons, including the court judgements handed down pursuant to sections 367 and 370 of the Penal Code, and copies of the Santa Ana and San Salvador Municipal Codes on the trafficking of women.

2. Overtime in the maquila industry. The Committee noted in its previous observation the comments made by the Inter-Union Commission of El Salvador on the situation of the many workers in maquilas who are required, under threat of dismissal, to work overtime in excess of the limits laid down in the national legislation and without pay. The Committee noted that, according to the above organization, maquila companies set production targets which require employees to work beyond the ordinary working day, without pay and under threat of dismissal.

The Committee requested the Government to provide information on the average number of additional hours worked by workers in the maquila sector and to indicate the measures taken or envisaged to protect workers in this sector against the imposition of compulsory labour.

In its report, the Government states that offices of the Ministry of Labour and Social Welfare have been established in the export processing zones of Exporsalva, American Park and El Progreso and that their role is to serve as mediators after the means of redress afforded by the enterprises have been exhausted. The Committee requests the Government to provide information on the activities of the abovementioned offices, indicating in particular the number of instances in which workers have alleged imposition of labour outside the ordinary working day.

3. Article 2, paragraph 2(c). Inmates’ consent for work in private enterprises. In its previous observation, the Committee referred to section 107 of the Prisons Act under which "convicted persons shall be obliged to work", and observed that this provision did not allow the inference that work by detainees for private entities is of a voluntary nature.

The Government responds in its report that the abovementioned provision refers to maintenance activities (cleaning, etc.) in prison premises.

The Committee observes, however, that section 112 of the Prisons Act establishes that in every prison an office shall be responsible for assigning work to the inmates (subsection 1) and that the Ministry of Justice may conclude agreements with national or foreign natural or legal persons to organize agricultural, industrial or commercial undertakings (subsection 3).

The Committee reminds the Government that, when a private undertaking is involved in work performed by inmates, the latter must be able to give their consent to the employment relationship and that, moreover, the conditions of work must resemble those of a freely contracted work relationship. The Committee notes with interest in this connection that section 110 of the Prisons Act provides that private entities which engage detainees shall pay no less than the minimum wage required for such work. The Committee requests the Government to indicate whether, pursuant to section 112(3) of the Prisons Act, the Ministry of Justice has concluded agreements with natural or legal persons to organize agricultural, industrial or industrial commercial undertakings. Please also indicate the measures taken or envisaged to ensure that work by detainees for private enterprises is voluntary in nature.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the comments made by the Inter-Union Commission of El Salvador, dated 12 September 2002. These comments were forwarded to the Government, on 19 September, for any comments that might be considered appropriate, and the Government’s reply was received on 20 December 2002.

The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 31 January, received on 3 February 2003 and forwarded to the Government on 17 February. The Government’s reply was received on 23 April 2003.

1. Trafficking in persons. In its communication, the Inter-Union Commission of El Salvador referred to the trafficking in persons and the "worrying frequency" with which foreign nationals from neighbouring countries are subjected to deception and are forced by means of threats to engage in sex work under clearly inhumane conditions.

The International Confederation of Free Trade Unions (ICFTU) raised similar issues, describing the trafficking in women and young persons for the purposes of forced prostitution, occurring in El Salvador, as constituting a "considerable problem".

The Committee notes the study carried out by the International Programme on the Elimination of Child Labour (IPEC) entitled "El Salvador commercial sexual exploitation of girls, boys and young persons: A rapid evaluation", published in March 2002. This report indicates that "based on previous investigations and information received during the current investigation it is possible to state that there is a migratory flow of young persons for the purposes of commercial sexual exploitation which is not necessarily concentrated in the capital, but also on the borders and in border towns and in other Central American countries" (page 41).

The Committee also notes the Report of the Special Rapporteur on the sale of children, child prostitution and child pornography (UN document E/CN.4/2000/73/Add.2, 27 January 2000, paragraphs 51, 74 and 107) which refers repeatedly to the presence of young persons from El Salvador in Guatemala. State officials informed the Special Rapporteur that there are children from El Salvador, Honduras, Mexico and Nicaragua who are in Guatemala for prostitution, in much the same way that Guatemalan children are in those countries for the same reason (paragraph 47).

The Committee also notes the Concluding Observations of the United Nations Committee on the Elimination of Discrimination Against Women (UN document A/58/38/, 28th Session, paragraph 271) in which the above Committee noted with concern the problem of exploitation of prostitutes and trafficking and sale of women and girls and the lack of studies, analyses and gender-disaggregated statistics on its incidence.

The Committee notes that sections 367 and 370 of the new Penal Code provide that the trafficking in persons for any purpose and organizing or being a member of "organizations of an international nature devoted to trafficking in slaves, the sale of persons ..." shall be punishable by imprisonment of from four to eight years and from five to 15 years respectively. The Committee hopes that the Government will provide copies of the rulings, sentences and judicial measures applied under these provisions.

The Committee notes that in its reply to the comments made by the ICFTU the Government refers to the draft Code of Children and Young Persons and mentions the "formulation of reforms to the national legislation to combat commercial sexual exploitation", with special emphasis on the "strengthening of penalties for pimps" and the designation as a criminal offence of the acts of exploiters of young girls, better known as "clients".

The Committee hopes that the Government will provide a copy of the Code of Children and Young Persons, as soon as it is adopted, as well as information on the measures to combat the commercial sexual exploitation of young persons and their implementation in practice.

The Committee notes that the sixth report submitted by the Government to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/SLV/6, of 25 November 2002, page 12) contains information on the adoption of two Municipal Codes containing provisions respecting the trafficking in women and the exploitation of the prostitution of women, namely the San Salvador Municipal Code, which entered into force on 1 March 2000, and the Santa Ana Municipal Code. The Committee requests the Government to provide copies of the above Codes.

The Committee recalls that the trafficking in persons, and particularly the trafficking in young persons, constitutes a grave violation of the Convention and urges the Government to take the necessary measures to prevent and combat the phenomenon. Furthermore, noting that the Government has not replied to the Committee’s general observation of 2000, it requests the Government to provide the information requested therein.

2. Overtime performed in the maquila industry. The Inter-Union Commission of El Salvador also refers in its communication to the "forced labour conditions frequently encountered (...) in foreign-owned maquila enterprises". In support of its allegations, it refers, inter alia, to working days beyond the hours set forth by the law, failure to pay overtime, determination of quotas or targets beyond any reasonable work performance to be completed outside working hours.

The Committee notes the information contained in the monitoring report on the maquila and special fiscal areas published by the Labour Relations Monitoring and Analysis Unit of the Ministry of Labour and Social Insurance in July 2000. In this respect, the Committee notes the reservation expressed by the Government in its report with regard to the above report with the indication that "the above publication was never made official by this Secretariat of Labour and Social Insurance, and as a consequence the views expressed therein do not in any way reflect the official position of this Ministry".

According to the above report, during the visits made, it was possible to confirm that overtime is worked on a daily basis in the majority of maquila companies, in order to complete the production goals established by the company. Despite finding that in these enterprises the remuneration is in many cases in accordance with the law, the report indicates that most of the overtime hours are worked at night time without being paid the additional rate of 25 per cent for each hour worked as provided by the law. According to the report, "it is also important to point out that in the majority of companies it is an obligation for the personnel to work overtime under the threat of firing or some other kind of reprisal (...)". It is further indicated that "on some occasions, because overtime is extended into the late hours of the night, the workers find themselves obligated to sleep in the factory facilities, which do not have conditions necessary for personal care" (pages 12 and 13).

The Committee hopes that the Government will provide information on the average number of overtime hours performed by workers in the maquila sector.

The Committee recalls that the imposition of overtime hours does not affect the application of the Convention in so far as such a requirement lies within the limits established by the national legislation or accepted by collective agreements. In this case, however, the allegations are that overtime hours imposed above such limits and without payment would constitute compulsory labour where performed under menace of dismissal.

The Committee hopes that the Government will indicate the measures taken or envisaged to protect workers in the maquila sector against the imposition of compulsory labour.

3. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee requested information on the measures which have been taken or are envisaged to ensure that convicted persons are able to give their consent to the employment relationship with private entities.

The Committee notes that in its report the Government refers to section 105 of the Prisons Act, which establishes the identity of prison work as free work, in every possible respect, from which it may be deduced that it is of a voluntary nature.

The Committee notes with interest that section 110 of the Prisons Act provides that private entities which engage detainees shall pay no less than the minimum wage required for such work and that all the rights set forth in the labour legislation shall be applicable to prisons provided that they are not contrary to the Prisons Act (section 105).

With regard to the consent which must be given by the detainee for the employment relationship with private entities, the Committee nevertheless notes that under the terms of section 107 of the Prisons Act, "convicted persons shall be obliged to work" and that this provision does not allow the inference that work by detainees for private entities is of a voluntary nature.

The Committee hopes that the Government will indicate the measures that have been taken or are envisaged to establish that detainees must freely give their consent to an employment relationship with private entities.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the adoption of the Penal Code, Legislative Decree No. 1030 of 26 April 1997 and the Prisons Act, Decree No. 1027 of 24 April 1997.

1.  The Committee notes with interest that sections 367 and 370 of the Penal Code envisage prison sentences of up to 15 years for persons who engage individually or as members of an organization in the trafficking of persons for any purpose.

2.  The Committee notes that section 110 of the Prisons Act, under which "detainees who perform work for private entities shall at all times be under the supervision of the personnel of the centre, and private entities which engage them shall pay no less than the minimum wage required for such work". The Committee also notes sections 107(2) and 108 of the same Act, which provide that convicted persons shall be obliged to work in accordance with their physical aptitudes except when they are incapacitated by illness, pregnancy, for mental reasons or in cases of force majeure, or are over 60 years of age or physically disabled.

The Government states in its report that no sanctions are imposed on detainees who do not perform work, and that it cannot therefore, in its opinion, be considered that prison labour is compulsory.

In this respect, the Committee wishes to recall that work performed by detainees for private enterprises may be held to be compatible with the Convention where the work is voluntary and performed in an employment relationship which can be approximated to a free employment relationship, that is where the persons concerned have given their voluntary consent, provided that there are appropriate guarantees, including payment of normal wages and social security, etc. The Committee notes that, with reference to the payment of wages, the Prisons Act establishes that private entities which engage convicted persons shall pay no less than the minimum wage, but it notes that there is no provision in the above Act with respect to the voluntary consent that prisoners must be able to give in order to work for private entities.

The Committee requests the Government to provide information on the measures which have been taken or are envisaged to ensure that convicted persons are able to give their consent to the employment relationship with private entities.

3.  The Committee notes the information provided by the Government concerning the conditions under which career members of the armed forces may leave their employment.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the information contained in the Government's first report and the report received in May 1998.

The Committee requests the Government to indicate in its next report the conditions under which career military personnel or persons who have studied in the armed forces may resign from their employment.

The Committee noted that a draft text respecting the prison system has been presented to the Legislative Assembly and requests the Government to provide information in this respect and a copy of the legislative text as soon as it has been adopted.

The Committee would also be grateful if the Government would provide a copy of the following texts: the Act respecting the organization and activities of the employment sector and social security, D.E. No. 682 of 11 April 1996, Official Gazette No. 81, t. 331, of 3 May 1996; the Act respecting military service and the armed forces, Official Gazette No. 144, t. 316, of 10 August 1992 which were referred to in the Government's report.