Effect given to the recommendations of the committee and the Governing Body - Report No 349, March 2008

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

1. 87. At its March 2007 meeting, the Committee made the following recommendations [see 344th Report, para. 66].
   • The Committee notes the Government’s statement in its communication of 21 June 2006 that, until the Constitution of the Republic is amended, it will not be possible in the short term to grant legal personality to SITRASEPRIES. The Committee observes that, since this communication was sent, El Salvador has ratified Conventions Nos 87 and 98 (on 6 September 2006) and, recalling that Convention No. 87 applies to private security agents, the Committee urges the Government to take the measures necessary to grant legal personality to SITRASEPRIES. With regard to the alleged death threats against five officials of STITAS (which, according to the Government, is not an offence for which charges are automatically brought), the Committee notes the information provided by the Government and invites those concerned to lodge complaints with the Office of the Attorney-General of the Republic or the competent courts.
2. 88. In its communication dated 11 June 2007, the Government states that El Salvador has ratified Conventions Nos 87 and 98, which have not entered into force; consequently, it will not be possible in the short term to grant SITRASEPRIES legal personality until an amendment is made to the Constitution of the Republic, which, in article 7, paragraph 3, expressly prohibits the existence of armed groups. Therefore, the administrative decision not to grant SITRASEPRIES legal personality continues to have a legal basis.
3. 89. With regard to the refusal to grant SITRASEPRIES legal personality, the Committee recalls once again that, in accordance with the principles of freedom of association, only the armed forces and the police can be excluded from the constitutional right to establish trade unions, and that all other workers, including private security agents, should feely be able to establish trade union organizations of their own choosing. In these circumstances, as it did at its March 2004 and June 2005 meetings, the Committee reminds the Government of its obligations resulting from the ratification of Conventions Nos 87 and 98 and urges it to take the necessary measures so that SITRASEPRIES is granted legal personality without delay.
4. 90. With regard to the alleged death threats made against five STITAS officials, the Committee regrets that the complainants have not indicated if a complaint has been lodged with the relevant authorities.