Individual Case (CAS) - Discussion: 2004, Publication: 92nd ILC session (2004)

A Government representative stated that the Committee of Experts had noted in the direct request which was mentioned at the end of the observation in relation to Article 2 of the Convention, that "the Salvadoran Institute for the Development of Women (ISDEMU) has earmarked approximately 7 million dollars for the implementation of the Plan of Action for 2000-04, and that the ministries and institutions involved in the abovementioned Plan make their own financial contributions". The Committee of Experts had also taken note "of the actions carried out by the Skills for Work Programme (HABIL) which include training for women in areas traditionally reserved for men". Moreover, the Committee of Experts had taken note of tripartite seminars under the auspices of the ISDEMU to raise awareness about the safeguarding and observance of rights at work. The Government representative added that, just as required by Article 2 of the Convention, the Government had set out to promote a national policy of equality of opportunity and treatment in the area of employment and occupation, by methods appropriate to national conditions and practice, with the objective to eliminate all forms of discrimination. The speaker also referred to the direct request on Convention No. 156 in which the Committee of Experts had taken note of a communication by the Inter-Union Committee of El Salvador without finding it appropriate to make an observation. In any case, the Government had a well-established practice of regularly sending very detailed information so as to allow for dialogue with the supervisory bodies. However, in the observation on Convention No. 111, the Committee of Experts had reproduced in their entirety the comments of an international trade union confederation which had been prepared with the twofold objective to present them to the World Trade Organization (WTO) and to the ILO. At the WTO, the communication by the trade union organization should have been considered in the framework of the examination of commercial policies. The Government had made known to the ILO that the comments were very general and addressed very complex questions. The speaker recalled that the Committee of Experts had requested the trade union organizations to make efforts to collect and present precise elements of law and fact on the practical application of ratified Conventions. It was added in paragraph 78 of the report of the Committee of Experts that "it is important for organizations to give adequate details".

The speaker indicated that paragraph 2 of the observation did not mention any provision of the Convention, a fact for which the Government had formally expressed its reservations as to the manner in which the Committee of Experts appeared ready to consider, in the framework of Convention No. 111, certain very specific issues covered by international labour Conventions which had not been ratified by El Salvador, like specific matters relative to maternity protection and dismissal. She stated that adequate provisions existed in the legislation of El Salvador on maternity protection and protection against dismissal and that they were well known to the Committee of Experts. In relation to the access of Salvadoran women to Government agencies and management positions, the speaker gave as examples the new Vice-President of the Republic and various ministers (Education, Economics, Public Administration and Executive President of the Central Bank). Regarding the questions concerning the EPZs and the maquila industry she recalled that her country had drawn assistance from an ILO decent work programme from which maquila workers benefited on a priority basis. El Salvador was considered in the reports published by the ILO as one of the seven countries which had registered in 2001 progress in the area of decent work, according to data published in the ILO review Panorama Laboral, 2001. The Director-General had also mentioned the progress observed in El Salvador in his report to the XV Regional Conference (Lima, December 2002). She stated that, on 11 February 2004, through Legislative Decree No. 275-2004, the Legislative Assembly had ratified an amendment to section 30 of the Labour Code and had introduced a new paragraph 13. The new provision expressly prohibited employers from demanding women seeking employment to take a pregnancy test as a prerequisite for recruitment. The legislative amendment had already been notified to the Office. She was pleased to note the close and permanent collaboration with the ILO Subregional Office in San José (Costa Rica), the Director of which made many efforts in regular visits to the country to strengthen social dialogue and promote fundamental workers' rights.

The Worker members recognized that progress had been made in El Salvador over the past decades since 1972, the Labour Code guaranteed equality of opportunity and treatment between men and women; since 1992, the new Constitution provided for the right to paid maternity leave before and after confinement and subsequently for the right of women to maintain their jobs. However, it was in the EPZs that new and specific problems were occurring. Working conditions were difficult, productivity levels very high, overtime was common and sometimes not remunerated, and working and hygiene conditions were especially hard. Maquiladoras mainly employed young women, who, subjected to these conditions, implicitly compromised their right to reproduction.. The length of the working day made it difficult for these women to combine family and professional responsibilities. But absenteeism exposed these women to tough disciplinary measures. In such a context, the genuine application of the Convention was a real challenge. The Worker members encouraged the Government to formulate a voluntary policy and it was on this point that they awaited the details requested by the Committee of Experts. The new information presented by the Government did not really constitute detailed and specific information on the manner in which anti-discriminatory provisions were applied in practice. The Worker members noted the adoption in February 2004 of a provision prohibiting mandatory pregnancy tests, a measure which implicitly confirmed that the problem existed. According to a Ministry of Labour report, unfortunately withdrawn from circulation, of the more than 100 factories concerned, the authorities noted that no objective analysis of working conditions had been carried out compared with the physical abilities of the female workers and that the situation remained unclear as far as overtime, breach of individual work contracts, social security coverage and treatment of absenteeism were concerned. The report noted certain shortcomings in the work of the public authorities themselves. As far as the Worker members were concerned, the discrimination against female workers could actually become worse through permanent blackmailing in employment. The Government had to ensure that all means at its disposal in the legislation were made available to these workers. To this end, it could not implement a policy that gave full application to Convention No. 111 without full dialogue with its partners.

The Employer members noted that this case related to allegations by the ICFTU concerning discrimination on the grounds of sex and race in practice. They agreed with the Government representative that the allegations were of a very general nature. This was regrettable since what was alleged was discrimination in practice. For instance, the statement that mainly men occupied management positions was valid for any country in the world. The Committee of Experts therefore simply reproduced the allegations and posed questions to the Government. With regard to the legislation prohibiting pregnancy testing mentioned by the Government representative, the Employer members did not share the Worker members' view that the existence of such legislation in itself was an indicator that such a practice existed. Otherwise one could draw such counter-conclusions from any kind of legislation. The Employer members associated themselves with the Committee of Experts and requested that the Government supply the relevant information in a comprehensive report.

The Employer member of El Salvador expressed surprise and uneasiness at the inclusion of El Salvador in the list of cases to be examined by the Conference Committee. With regard to discrimination against women in education, legal succession and employment, he considered that the allegations presented were unfounded and that they were nothing more than a form of opposition to the recent conclusion of a free trade agreement between the countries of Central America and the United States (CAFTA). With regard to education and employment in particular, he indicated that 70 per cent of employees in the judiciary were women, that the Vice-President of the Republic was a woman and that the latter, together with the President of the Republic, were profoundly involved in the defence of women's rights. He also objected to the reference of the Worker members to a non-official document. With regard to legal succession, he underlined that discrimination could not exist since this was a right of the person regulated by the Constitution and civil legislation which ensured equality of rights between men and women in this respect. With regard to the requirement that women take pregnancy tests to be recruited in maquilas, he reported that, on 17 March 2004, section 30 of the Labour Code had been modified by legislative decree which expressly prohibited such tests. The violation of this provision gave rise to economic penalties. Moreover, with regard to sexual harassment, penal provisions punished this crime with prison sentences ranging from six months to two years. The speaker stressed the importance of avoiding generalizations and considered that the Government did the necessary to comply with the observations of the Committee of Experts and that the presumed violations of Convention No. 111 were non-existent.

Another Employer member of El Salvador expressed his surprise at the fact that three of the five Central American countries which had recently concluded a trade agreement had been invited to appear before the Conference Committee. He stressed that this Conference discussion would be taken note of once again at the time of the ratification of the said agreement. As to discrimination, he emphasized that there had been progress in his country and that the ILO in its report "Time for equality at work", discussed in 2003 in the context of the follow-up to the Declaration, had described a technical cooperation project from which El Salvador benefited using the programme "Women's workers' rights: Modular training package", and concluded that the project had contributed to the institutionalization of gender equality and had increased the possibility of efforts being made at the national level to promote gender equality. The speaker observed that the comments of the Experts appeared to endorse the observations which had been received with regard to the application of the Convention, although these were very general and were not thoroughly supported with evidence. In this respect, with regard to the cases of alleged discrimination of women in the field of legal succession noted by the Experts, he indicated that article 3 of the Constitution and section 1007 of the Civil Code, ensured equality for women. Moreover, with regard to the comments relative to the preference shown by certain government agencies to male candidates for employment, he objected that these agencies had not been identified and, with regard to the "appalling" conditions of work which women should be subjected to in maquilas, he once again regretted that these allegations were not substantiated and he indicated that salaries in this export sector were higher and an important number of employers applied voluntary codes of conduct. He stated, with regard to pregnancy tests, that on 17 March 2004 the reform of the Labour Code had come into force and expressly prohibited such practices. The speaker indicated that independently of the said reform, such practices were inappropriate. He concluded by suggesting that the Worker members should consult with the employers of the countries which they intended to include on the list before the beginning of the Committee's work. He added that more rigour and equity were needed on the part of the Committee of Experts and that the latter should ask trade unions to comply with the obligation, as did governments, to present specific and detailed observations. This would facilitate the preparation of governments' replies which according to the Committee of Experts should be prompt and complete. Trade union organizations should be obliged, like governments, to present better information when they submitted comments.

The Government member of the Dominican Republic insisted that the efforts carried out by the Government of El Salvador to find appropriate solutions for Salvadoran workers with regard to discrimination be taken into account. He expressed his support for the Government's statement and considered that action taken by the new authorities and the new legal provisions would lead to the strengthening of social dialogue.

The Government member of Panama associated herself with the Government of El Salvador with regard to the significant progress made on application of Convention No. 111, as well as regarding the imbalanced selection of the cases to be included in the list for examination by the Conference Committee. She believed that the number of cases from the Central American region constituted a clear indication of the deficiencies of the working methods of the Committee, which should take corrective action to achieve more balance when selecting cases.

The Government member of Costa Rica recalled that El Salvador had only recently emerged from a civil war and that in spite of it the country was standing upright thanks to its enormous efforts. He emphasized that "Labour Panorama"', published by ILO in 2003, ranked El Salvador as one of the four countries in Latin America which had made the most progress in the social field. He commended the efforts of the Government of El Salvador at the meeting of the Council of Ministers of Central America to gain economic support from other countries and in the search for new ideas. He expressed his satisfaction at the increase in the number of women's cooperatives in El Salvador and praised the Government for its investigations into discrimination that were handled without hiding the truth and were an example of good faith. He concluded by asking the ILO to support the Government in its work on women.

The Government member of Mexico profoundly regretted the fact that, in spite of all the measures taken and the efforts made by the Government of El Salvador to rectify the situation of discrimination on grounds of gender or race, these were not reflected in the Committee of Experts' comments. The fact that the allegations of ICFTU had been reproduced in their entirety gave a distorted view of the situation in the country. She also expressed surprise at the failure to include information on women in factories sent by the Government in the reports on Conventions Nos. 111, 122 and 156. Finally, she considered that the questions regarding the EPZs and maquilas should be analysed in the framework of technical cooperation.

The Government member of Honduras expressed her support for El Salvador's statement which provided evidence of the progress made in the labour administration as concerned discrimination on grounds of gender or race. She commended the programmes that the Government had implemented with a focus on formulating strategies which would develop women's capacity at work as well as its campaigns to raise awareness at the workplace.

The Government member of Nicaragua emphasized that the fundamental rights of women in El Salvador were part of a legal framework in a country where all were considered equal. She hoped that the true situation of women in EPZs would be taken into account. Indeed, if the Committee of Experts had done so, the country would not have appeared on the list. She concluded by hoping that such situations would not be repeated in the future and encouraged the Office to make headway in the process of improving the methods of work of the Committee.

The Government representative drew attention to the fact that the Labour Ministry had taken concrete measures to introduce gender perspectives in labour policies and to counteract the inequities created by gender discrimination. The Salvadoran Institute for the Development of Women (ISDEMU) had carried out very concrete activities. The gender perspective had been incorporated in the official system of statistics of the General Directorate of Statistics and Censuses. The Government had undertaken to keep the Committee of Experts informed in this respect in the next reports. The speaker recalled that the objective of the Convention was to declare and pursue a national policy designed to promote the elimination of all forms of discrimination. In her opinion, the application of a fundamental Convention should not be focused on one specific area given that, as a result of such an approach, the national policy could lose its comprehensive outlook. She drew attention to the fact that the authorities and the social partners of El Salvador were committed to eliminate all forms of discrimination against women workers in the labour market. She suggested that discussing individual cases was not the most appropriate manner to find solutions in relation to the EPZs. It should be recognized that the short-term capital which had flown out of El Salvador could easily be transferred to other platforms. Dismantling the maquilas in El Salvador would create more poverty without improving the situation of women in the country. This could also cause an increased migration from El Salvador to labour markets and societies in which the Salvadoran women would certainly be even more unfortunate victims of the practices denounced by the ICFTU.

The speaker agreed that the ILO should have the leading role in dealing with female employment and conditions of work, in particular the situation of female workers in the maquila industry. The ILO could continue to make studies and investigations on the EPZs. The intervention of the ILO facilitated tripartite dialogue and the search for practical solutions. The speaker emphasized that, in the context of the examination of the questions raised in the observation on the Convention, account should be taken of the positive comments made in the Committee of Experts' direct requests on the application of this Convention and Convention No. 156. The Committee of Experts should also collect other information at its disposal as reflected in certain paragraphs of this year's General Survey (paragraph 89 referred to the new alliance programme for searching better employment opportunities; paragraph 112 referred to the efforts made in relation to the access to vocational training - so did the observation on Convention No. 142; paragraph 122 referred to concrete measures in favour of women workers and took note of "efforts to raise awareness of the protection of the rights of women workers among employers, workers as well as the personnel of public institutions and the administration of justice"). The speaker also noted that, in relation to sexual harassment, section 246 of the Penal Code had provided for prison sentences of six months to two years for whoever committed serious discrimination at work on the basis of sex, pregnancy, origin, civil status, race, social or physical condition, religious or political ideas, membership or non-membership of trade unions, among other discrimination motives. Section 165 of the Penal Code completed the above by providing for a sentence ranging from six months to one year in cases of sexual harassment, aggravated in cases where the sexual harassment was carried out by taking advantage of a superior hierarchical position in the context of any relationship, such as employment relationship.

The speaker stated that, although no mention of any of the above elements had been made in the observation on the Convention, the information provided above was known sufficiently well to be examined in the framework of the negotiation of a trade agreement between Canada, the United States and the Central American countries. The ILO had carried out an objective and up-to-date study on labour legislation concerning the fundamental principles and rights at work in force in the five countries which participated in the negotiation process of CAFTA. This study had been published by the ILO's Social Dialogue Sector and had facilitated the conclusion of the trade negotiations of CAFTA. She maintained that all this information would be included in the regular report that the Government of El Salvador and the social partners would send to the Committee of Experts in 2005 so as to allow an assessment of the way in which the Convention was being implemented, including, as appropriate, indications on the measures implemented in application of the provisions of the Penal Code mentioned above. She invited the Office to continue its programmes to promote decent work and eradicate child labour. It was the willingness of the Vice-President of the Republic to ensure equality in the access of women to government agencies, in particular, to management positions. Her Government was willing to receive more assistance from the ILO for the small and medium enterprises so as to reduce unemployment and the informal economy and ensure decent work conditions for women in cities and rural areas.

The Worker members stated that, contrary to several statements, there was no agreement among worker organizations to prevent the ratification and application of the recent CAFTA agreement. They nevertheless noted an interesting point in this regard, i.e. once international trade agreements of this kind laid down that respect for fundamental labour standards would have to be controlled, the quality of working conditions would become an issue in maintaining the presence of enterprises on a country's soil. This trend, if it was confirmed, would be in line with what was evoked by the World Commission in its report on the Social Dimension of Globalization. In view of the united front of opinion expressed by Central American countries in the discussion on El Salvador, the Worker members emphasized that the substance of the discussion did not concern the most obvious evidence of women's progress in society, but the clearly non-specific information presented by the Government regarding EPZs. While an Employer member had mentioned certain codes of conduct that EPZs claimed to apply, the Government itself had nothing to say on its policy to combat discrimination in EPZs, and supplied no statistics. This was why the Worker members were obliged to request, like the Committee of Experts, that the Government give account of its policies concerning the situation of women in the maquila industry.

The Employer members observed that the discussion had shown that the selection of the case was not appropriate. The Government should only be requested to respond to the matters raised in the Committee of Experts' observation in a written report.

The Committee took note of the information provided by the Government representative and the discussion that followed. It observed that the debate had been based on the comments of the ICFTU concerning the persistence in practice of discrimination on the basis of sex and ethnic origin despite the prohibition of discrimination in law. The Committee took note of the information presented by the Government representative and was pleased to note the recent adoption of legislation prohibiting pregnancy testing. The Committee noted that the comments of the ICFTU were of a general character. It also appreciated the information on a decent work programme conducted by the Office in collaboration with the tripartite representatives. However, the Worker members had reiterated their allegations on the difficult working conditions of women in the maquila. The Committee requested the Government to present in writing, for examination by the Committee of Experts, detailed information on the application in practice of this Convention and, in particular, on the situation of women in the maquila sector and on the conditions of work of indigenous workers.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Application of the Convention in practice. The Committee notes that the Government has not provided information on court decisions applying the penalties envisaged in section 246 of Legislative Decree No. 1030 penalizing discrimination at work, although it indicates that the national legislation does not make a distinction between cases of discrimination on the basis of their seriousness and that all complaints of discrimination are examined with the same care. The Committee notes that the Special Unit for Gender Issues and the Prevention of Discrimination in Employment identified 31 cases of discrimination in 2008, in respect of which five enterprises received fines and 26 cases were closed because the reported violations had been remedied. During the first six months of 2009, a total of 38 cases of discrimination were identified, with fines being imposed in five of them and 33 cases being closed as the reported violation had been remedied. The Committee requests the Government to provide information on court decisions applying the penalties envisaged in section 246 of Legislative Decree No. 1030 and on the cases of discrimination at work identified by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment.

Equality of opportunity and treatment between men and women. According to the Government, in 2008 the school attendance rate for men was 35.5 per cent, and 30.8 per cent for women. In urban areas, the school attendance rate of men was 36.7 per cent and for women it was 30.9 per cent; in rural areas, 33.4 per cent of men and 30.7 per cent of women attend an educational establishment. At the national level, the average duration of schooling by sex is 6.0 years for men and 5.8 years for women. The illiteracy rate of women continues to be as high as 18.6 per cent. While noting this information, the Committee requests the Government to provide statistical data on the participation of men and women in vocational training, with an indication of the levels of their participation in the various sectors and occupations.

Women in rural areas. The Committee notes the Government’s indication that the Ministry of Agriculture and Stockraising has undertaken a series of measures and strategic actions which have resulted in a reduction of poverty levels through the economic empowerment and increased independence of rural women. The creation of new organizations has been promoted for the production and commercialization of agricultural products, based on a system of quotas under which at least 30 per cent of participation has to be by women. Technical assistance and training have been provided in production, commercialization and new technologies, and various projects have also been implemented in rural areas to promote and strengthen the participation of women in agricultural and fishing sector organizations. The Committee requests the Government to continue providing information on the measures adopted to promote the inclusion of women in the labour market in rural areas, and on their impact.

Sexual harassment. The Committee notes the Government’s indication that in 2008 the Special Unit for Gender Issues and the Prevention of Discrimination in Employment identified five cases of sexual harassment, one of which resulted in the application of a fine. The four remaining cases were closed for lack of proof of sexual harassment. During the period between January and June 2009, the Special Unit investigated four cases of sexual harassment, which were closed due to lack of evidence of sexual harassment. The Committee once again invites the Government to consider the adoption of specific measures guaranteeing protection against sexual harassment at the workplace, taking into account its general observation of 2002 on this subject. The Committee requests the Government to provide information on any progress in this respect.

Preventive measures and the dissemination of information on labour rights. The Committee notes the Government’s indication that the Special Unit for Gender Issues and the Prevention of Discrimination in Employment disseminates information on legislation setting out labour rights through preventive activities, such as planned inspections and interventions in public awareness-raising arena. An instructive guide has been prepared containing examples of affirmative action on gender equality and equity in employment placement. The Government provides information on the programmes and for a disseminating labour legislation, raising the awareness of employers and workers and preventing discriminatory acts in employment. The Committee notes that the Agricultural Inspection Department provided 43 training courses during the period 2008–09 for the dissemination of information on legislation on labour rights. The distribution of information materials on the Labour Act also continued through self-evaluation guides on labour standards, as well as documents on “Knowing your work-related rights and duties”. The Committee requests the Government to continue providing information on the preventive and promotional activities undertaken to promote a culture of compliance and to guarantee non‑discrimination in employment and occupation.

Part III of the report form. Strengthening the capacities of the labour inspectorate. With reference to measures to reinforce the technical and operational capacities of inspectors, the Committee notes that in July 2009 the Training Centre for Labour Rights and Duties was inaugurated on the premises of the Ministry of Labour and Social Welfare for workers, employers and persons employed in the Ministry of Labour. The Centre will provide training free of charge to workers, employers and persons employed in the Ministry of Labour on subjects related to industrial relations, including discrimination in employment and occupation. Inspectors also received training through workshops on preventing and dealing with sexual harassment, gender issues, reducing the stigmatization and discrimination of vulnerable groups, and the training of gender trainers. The Committee requests the Government to continue providing information on the training received by labour inspectors in the field of discrimination in employment, including sexual harassment, at the workplace.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(a) of the Convention. Application in practice of the Convention in the Maquila (export processing zones). With regard to cases of violations of section 627 of the Labour Code respecting penalties for pregnancy testing and the dismissal of disabled women, as noted by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment, the Committee notes the Government’s indication that the majority of the cases consisted of women in the textile industry sector (Maquila), although there were also cases in the industrial, services and trade sectors. The Government indicates that during 2008 another ten cases were identified of dismissals of pregnant women, of whom nine were reinstated. During the first six months of 2009, the Special Unit identified 16 such cases, of which 15 resulted in reinstatement. With regard to the inspections carried out by the Special Unit in export processing zones and their results, during the course of 2008 a total of 276 scheduled inspections were carried out, during the course of which cases were initiated in 51 establishments for various violations of the labour legislation. During the first six months of 2009, fines were imposed on 23 establishments for violations of the labour legislation and for not having remedied infringements identified during the inspection. According to the Government, training activities in enterprises in the textile sector have been reinforced to ensure compliance with the labour legislation. The Committee notes that various legislative texts are being publicized in the textile industry, including Ministerial Circular No. 001/05 on the prohibition of employers to require HIV and pregnancy tests. The Committee requests the Government to continue providing information on the inspections carried out by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment and their results, and particularly any other measures adopted or envisaged with a view to reinforcing the protection of women workers and preventing discrimination in the Maquila sector.

Article 1(1)(b). Discrimination against workers on grounds of HIV/AIDS status. The Committee notes that the Government will undertake a review of the legislation with a view to ensuring protection against any discrimination related to HIV/AIDS status in the public sector. The Committee requests the Government to provide information on any developments relating to the adoption of the relevant legislation and on the application in practice of the provisions that are in force in the private sector.

Article 2. Equality of opportunity and treatment for men and women. According to the Government, since June 2009 a new policy of gender equity has been implemented through which the active participation of women is being promoted in education, employment, the economy and political, social and cultural life, particularly for women in rural areas. The Government indicates that a change of attitude is also being promoted in State institutions with a view to institutionalizing an approach that guarantees decent treatment for women. The Government indicates that support will be provided for the 262 municipal authorities in the country for the application of their gender equality policies, with a view to promoting the active participation and representation of women in decision-making processes in the political, economic and social spheres. According to the Economic Commission for Latin America and the Caribbean (ECLAC), the participation rate of men in economic activity is 81.4 per cent, while that of women is 44.2 per cent. The Committee invites the Government to provide information in its next report on the new policy of equality between men and women that is being implemented in both the public and private sectors. The Committee also requests the Government to provide information on the measures adopted with a view to promoting the participation of women in the labour market and their access to managerial positions.

Indigenous peoples. With reference to the participation of indigenous communities in the land allocation programmes undertaken by the Salvadorian Institute for Agrarian Reform (ISTA), the Government indicates that the programmes do not envisage the specific allocation of lands to indigenous communities, but are intended for the rural sector in general, with some programmes benefiting the indigenous population, including the Salvadorian National Indigenous Association (ANIS), the United Association of Salvadorian Indigenous Workers (AUTIS) and the Coordinated Association of Indigenous Communities of El Salvador (ACCIES). According to the Government, the indigenous communities which have gained access to ISTA programmes have seen improvements in their living standards through the allocation of lands in accordance with the applications made. Through the ISTA a land title programme has been implemented, with 4,455 ownership titles being granted. Technical assistance has also been provided to producers so that they can benefit from the allocation of ownership in the agricultural and stock-raising sectors. According to the Government, the country does not have updated census data or data on the geographical location of the indigenous population. The Committee invites the Government to provide information on the measures adopted to achieve progress in the effective equality of indigenous peoples in employment and occupation.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1 of the Convention. With regard to its previous request concerning the application of the penalties laid down by section 246 of Legislative Decree No. 1030 which penalizes discrimination at work, the Committee notes the Government’s statement in its report to the effect that it has no knowledge of any court decision which has applied this provision. As regards administrative bodies responsible for penalizing conduct deemed to be “serious discrimination at work”, in accordance with section 246, the Committee notes that the body which has responsibility is the Special Unit for Gender Issues and the Prevention of Discrimination in Employment, which forms part of the Directorate-General of Labour Inspection. The Committee notes that no cases of “serious discrimination at work” have been reported. The Committee requests the Government to continue supplying information on any court decision relating to section 246 of Decree No. 1030 and on any case of serious discrimination at work examined by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment. Please indicate the manner in which the Unit interprets and applies in practice the concept of “serious discrimination at work”. In light of the above, the Committee also requests the Government to continue taking steps to disseminate knowledge of the legislation on discrimination and the avenues for dispute resolution, particularly in the context of programmes to promote knowledge of labour rights conducted by the Government.

Article 1(1)(b). Discrimination against workers with HIV/AIDS. The Committee recalls that under Decree No. 611 amending the Labour Code, section 30 of the Code was amended to contain a prohibition on making any distinction, exclusion or restriction with regard to workers having HIV/AIDS and also on requiring persons seeking employment to undergo an HIV test as a condition of being hired and during the contract of employment. The Committee also observes that section 19 of the Civil Service Act, which regulates employment in the public service, establishes that any persons who suffer from an infectious or contagious disease may not have access to the civil service career system. The Committee requests the Government to supply detailed information on the application of the abovementioned provisions and to indicate the steps taken or contemplated to guarantee that there is no discrimination with regard to HIV/AIDS with respect to both access to and maintenance of employment, especially in the public sector.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes the clarification supplied by the Government to the effect that there have been no official discussions within the Higher Labour Council regarding the formulation of a policy on equal opportunities for women. The Committee also notes the awareness-raising actions undertaken by the National Employment Department designed to identify discriminatory practices in the definition of occupational profiles by enterprises. Furthermore, the Committee notes the vocational training courses developed by the El Salvador Institute for Vocational Training (INSAFORP) for the purpose of better equipping women for the various branches of economic activity, the implementation of the “Comprehensive development of women” programme and the initiatives taken to foster knowledge of national and international standards relating to the protection of women’s labour rights. The Committee, however, notes with concern that illiteracy is still more prevalent among women than men, according to the Government’s report to the Committee on the Elimination of Discrimination against Women in 2007 (CEDAW/C/SLV/7, 19 April 2007, page 36). It also notes that, according to the abovementioned document, gender parity in primary and secondary education had not been achieved either nationally or in rural areas in 2004. The Committee wishes to emphasize that inequalities between boys and girls regarding access to education will be reflected in future in the lack of equality of opportunity and treatment between men and women in respect of employment and occupation. The Committee therefore requests the Government to take the necessary steps to promote equality in access to education for boys and girls and to keep it informed on this matter, and on any initiatives taken to promote the participation of women in the labour market, and the impact thereof.

Sexual harassment. The Committee notes the Government’s indication that one of the responsibilities of the Special Unit for Gender Issues and the Prevention of Discrimination in Employment is to investigate cases of violence or sexual harassment against women workers. The Committee requests the Government to supply information on cases of sexual harassment examined by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment and the results thereof. The Committee also requests the Government once again to consider adopting specific provisions to guarantee protection against sexual harassment in the workplace in accordance with its 2002 general observation on this subject, and to provide information on any progress made in this respect.

Article 3. Dissemination of labour rights. With reference to its previous request regarding the process initiated by the Government to disseminate information on labour rights, the Committee notes that, together with the general dissemination mechanisms developed by the Directorate-General of Labour Inspection, specific initiatives have been undertaken for the domestic service sector, such as the drawing up, in cooperation with the Directorate-General of Labour, of the document entitled “Know your labour rights and duties”, and for the agriculture and stock-rearing sector, particularly in the form of talks on national and international labour standards. The Committee requests the Government to continue supplying information on the other initiatives taken in the context of this dissemination process, including with regard to the domestic service sector and the agriculture and stock-rearing sector.

Parts III to V of the report form. Labour inspection. The Committee notes the recruitment of 159 new labour inspectors in order to strengthen the inspection service, particularly in agriculture. The Committee also notes the “Specialist training programme” and the “Staff training programme”, which are designed to reinforce the skills and knowledge of inspectors. The Committee requests the Government to continue supplying information on actions taken to strengthen the technical and operational capacity of the labour inspectorate and to indicate the specific measures taken for providing inspectors with training on the subject of discrimination.

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

Article 1 of the Convention. Maquila sector (export processing zones). In its previous comments, the Committee asked the Government to supply detailed information on any cases involving infringements of section 627 of the Labour Code in export processing zones which were detected by the labour inspectorate. This section establishes penalties for pregnancy testing and the dismissal of pregnant or disabled women. The Committee notes that in 2005 the Special Unit for Gender Issues and the Prevention of Discrimination in Employment reported nine cases of dismissal of pregnant women, in six of which the women were reinstated. In 2006, five cases of dismissal of pregnant women were detected, in two of which the women were reinstated; in 2007 two cases were reported, in one of which the woman was reinstated. The Committee requests the Government to indicate whether these cases specifically concern the maquila sector and to continue supplying information on cases involving infringements of section 627 of the Labour Code in the export processing zones.

The Committee also notes from the report submitted by the Government to the Committee on the Elimination of Discrimination against Women (CEDAW) that a seminar and workshop entitled “Ongoing improvements to the conditions of work in the maquila sector” were held for the purpose of providing labour inspectors with training on inspection techniques with regard to cases of discrimination and harassment in the workplace, and on legislation regarding the labour rights of women workers applicable in the maquila sector (CEDAW/C/SLV/7, 19 April 2007, page 58). The Committee requests the Government to continue supplying information on inspections undertaken by the Special Unit for Gender Issues and the Prevention of Discrimination in Employment and the results thereof, particularly in the export processing zones. The Committee also requests the Government to supply detailed information on other measures adopted or contemplated for strengthening the protection of women workers and preventing discrimination in the maquila sector, including information on the implementation and results of the “Programme for the comprehensive development of women workers in the maquila sector” mentioned by the Government in its report.

Articles 2 and 3(d). Public sector. The Committee notes that women occupy only 19.7 per cent of managerial posts, according to the summary regarding the incorporation of men and women in managerial posts within the public administration supplied by the Government. The Committee also notes that the Government does not have a national policy on equality of opportunity and treatment specifically directed at the public sector, the only basis used being the general national policy on equality of opportunity and treatment. The Committee recalls that, under Article 3(d) of the Convention, the Government has the obligation to pursue such a policy in respect of employment under its direct control. The Committee therefore requests the Government to take appropriate measures to promote and apply the principle of equality of opportunity and treatment in respect of employment and occupation for women and men working in the public sector, particularly measures for promoting access to managerial posts for women, and to provide information on any developments in this regard.

Indigenous workers. The Committee notes the various programmes undertaken by the Government for agricultural workers which, according to the Government, have also benefited indigenous peoples, such as the project for the “Promotion of family micro-enterprises in rural areas of the north-east of El Salvador”, the “Presidential programme for the distribution of fertilizers” and the distribution of improved seed for white maize, sorghum, beans and grass. However, the Committee refers to its comments under the Indigenous and Tribal Populations Convention, 1957 (No. 107), and to similar comments made by the Committee on the Elimination of Racial Discrimination (CERD) (CERD/C/SLV/CO/13, 4 April 2006, paragraph 11), to the effect that the difficult situation concerning land ownership is continuing to have a negative impact on the possibility for indigenous peoples to perform their traditional occupations. Consequently, so that the indigenous peoples can benefit in practice from the abovementioned initiatives, it appears essential that measures are adopted to resolve the problem of land ownership. In this respect, the Committee notes the programmes conducted by the Salvadorian Institute of Agrarian Reform (ISTA) concerning the transfer of land to which indigenous communities, according to the Government, had access on the same terms as the rest of the groups concerned. The Committee requests the Government to supply detailed information on the manner in which the indigenous communities involved have participated in the land transfer programmes conducted by the ISTA. The Committee also requests the Government to supply information on any measure adopted or contemplated, with a view to making progress towards effective equality for indigenous peoples in the area of employment and occupation.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1, paragraph 1(b), of the Convention. The Committee notes that the authority competent for enforcing section 246 of Legislative Decree No. 1030 establishing penalties for discrimination at work is the judiciary. The Committee requests the Government to provide information on any court decisions applying the penalties laid down in the above provision. Please also provide information on cases treated as “serious discrimination at work” and on the administrative bodies responsible for punishing such conduct, the procedure for the filing of complaints, the procedure for the hearing of complaints, the dissemination of the abovementioned provision and its practical effect, for example the number of cases, statistics on the grounds of discrimination reported and an assessment of how promptly cases are resolved.

2. Article 2. The Committee notes with interest the activities undertaken to implement the plan to promote women’s integration in the labour market. It also notes with interest the discussions under way in the Higher Council of Labour to formulate a policy of equity for women. It requests the Government to keep it informed on progress in the abovementioned discussion and on its outcome.

3. Article 3. With regard to its previous direct request, the Committee notes the process initiated by the Government to disseminate information on labour rights. The Committee requests the Government to report on this process, indicating in particular the participation of the agricultural and domestic sectors in the related discussions.

4. Labour inspection. The Committee notes with interest the measures taken by the Government to strengthen the Ministry of Labour’s technical and operational capacity for labour inspection, particularly in the agricultural sector and in domestic work. It requests the Government to keep it informed of the results of these efforts.

5. Sexual harassment. The Committee notes the efforts undertaken by the Government to combat sexual harassment at work. However, the Committee remains of the view that the measures taken and the legislation in force are very general and that the coverage and methodology are narrower than those indicated in the general observation of 2002. The Committee therefore once again expresses the hope that the Government will continue to consider adopting specific provisions ensuring protection from sexual harassment at work, in conformity with the Committee’s General Observation of 2002.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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1. The Committee notes the information supplied by the Government to the Conference Committee on the Application of Standards in June 2004 in answer to issues raised in its previous comments, and the discussion which ensued. The Committee also notes the conclusions of the Conference Committee asking the Government to provide detailed information on the practical application of the Convention, particularly on the situation of women in the maquila sector and the working conditions of indigenous workers.

2. Article 1 of the Convention. Maquila sector (export processing zones). The Committee notes that section 627 of the Labour Code, which applies to women working in this sector, provides for specific penalties for employers who dismiss pregnant women or women with disabilities, and that monitoring of the prohibition on pregnancy testing as a condition for being hired or maintained in a job has been stepped up. The Committee requests the Government to provide detailed information on cases detected by the labour inspectorate, the action taken and the results obtained.

3. Article 2. Public sector. The Committee notes the Government’s indication that there are no instructions in the government sector that favour men in terms of access to jobs in the public administration, and that hiring depends on requirements pertaining to skills and abilities which apply to everyone, without distinction as to sex. The Committee notes that the absence of discriminatory instructions or rules is not sufficient to meet the requirements of the Convention, which requires declaring and pursuing a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The Committee requests the Government to provide detailed information on the national policy for equality of opportunity and treatment in the public sector, and particularly on measures to promote the access of women and indigenous people to the public sector, including to management posts, and the outcome of these measures.

4. Indigenous workers. The Committee notes that indigenous workers are covered by the constitutional guarantee of equality before the law. In its General Survey of 1988, the Committee concluded that in some cases, when past policies have done little to protect indigenous land and cultures, the indigenous populations may have migrated to urban areas where they are severely disadvantaged in terms of competing in the labour market. The Committee is of the view that the general principle of equality before the law cannot on its own ensure equality of opportunity in employment and occupation for men and women indigenous workers. It hopes that the Government will take steps to address discriminatory treatment that arises in practice, and promote equal opportunities for indigenous peoples, paying particular attention to equal access to vocational training, which is key to gaining access to the labour market on the same terms as other groups of the population. The Committee reminds the Government that in the case of self-employed workers, equality of opportunity and treatment in employment and occupation includes equal access to the material resources that enable such workers to carry on the activities from which they earn their living. As the Committee pointed out in its General Survey of 1988, in rural areas, if indigenous peoples have become agricultural labourers, their main problem may be de facto discrimination in terms of conditions of employment. If they earn their livelihood as subsistence farmers, their main problems frequently arise from unequal access to land, credit, marketing facilities, etc. In all such cases, official policies need to make provision for measures that allow indigenous peoples access to resources, including the means to carry out the activities from which they earn their living. The Committee requests the Government to provide information on the measures taken or envisaged to remedy these inequalities.

The Committee is raising other points in a request addressed directly to the Government.

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

Further to its observation on the application of the Convention, the Committee would like to draw the Government’s attention to the following points.

1. Sexual harassment. The Committee notes that the legislation which the Government cites as preventing and punishing sexual harassment is general in nature and takes no account of the particularities of sexual harassment in labour relations. The Committee advises the Government to consider the possibility of adopting specific legislation that takes account of the elements set out in its general observation of 2002 to prevent and combat such offences more effectively.

2. Article 1, paragraph 1(b), of the Convention. In its previous comments the Committee requested information on the application in practice of section 246 of Legislative Decree No. 1030, which penalizes discrimination at work. The Committee notes the Government’s reply to the effect that for administrative reasons the Secretariat of State is unable to apply this legislation. The Committee requests the Government to indicate in its next report which authority has competence for applying the legislation and to state whether it has ever been applied.

3. Article 2. The Committee notes the information in response to its previous comments to the effect that the Salvadorian Institute for the Development of Women (ISDEMU) has earmarked approximately 7 million dollars for the implementation of the Action Plan for 2000-2004, and that the ministries and institutions involved in the abovementioned plan make their own financial contributions. The Committee takes note of the actions carried out by the Skills for Work Programme (HABIL) which include training for women in areas traditionally reserved for men. It also notes that tripartite seminars are conducted under the auspices of the ISDEMU to raise awareness about the safeguarding and observance of rights at work. The Committee further notes that the Higher Labour Council is the tripartite body which cooperates with the Government in promoting the acceptance and observance of national policies. The Committee requests the Government to provide information in its next report on other actions carried out under the plan to promote women’s integration in the labour market on the basis of equality of opportunity, and particularly measures that target indigenous women. The Committee again requests the Government to provide a copy of the Act respecting vocational training, Legislative Decree No. 554 of 2 June 1993, as amended by Legislative Decree No. 455 of 21 September 1995.

4. Article 3. In its previous comments the Committee noted that, according to the Government, neither the General Directorate of Labour Inspection nor the General Labour Directorate had on their files claims by workers or cases of mediation concerning the application of the principles set forth in the Convention. The Committee again requests the Government to provide information on the measures taken or envisaged to ensure that relevant claims are made and effectively resolved, particularly those filed by women domestic workers and agricultural workers.

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

1. The Committee notes the information provided by the Government in its report, and the comments of 31 January 2003 sent by the International Confederation of Free Trade Unions (ICFTU) alleging that even if the Constitution prohibits discrimination, in practice discrimination on grounds of gender and ethnicity is pervasive. It states that women face societal discrimination in terms of education, inheritance and employment, such that they have limited economic opportunities and face discrimination in both access to employment and in remuneration. The ICFTU also indicates that some governmental agencies have direct orders to give preference to male candidates and that in export processing zones (EPZs) approximately 90 per cent of staff is composed of women who are subjected to appalling conditions, and where almost all management positions are occupied by men. The report points out that in the EPZs women are often subject to sexual harassment and mandatory pregnancy testing, and that if they are pregnant they are not hired or are dismissed. Finally, the ICFTU states that indigenous people also face discrimination in employment and access to productive resources and to education, and there are reports that indigenous rural labourers are paid less than non-indigenous rural labourers.

2. The Committee takes note of the Government’s brief response stating that the ICFTU information is outdated as it relates to situations which no longer exist, and that the allegations of the ICFTU are not based on solid and substantial evidence. The Committee notes that the Government’s reply does not contain information on the situation of women in practice, nor of the situation in the EPZs, or on the allegations concerning indigenous people. The Committee is concerned these allegations raise serious issues concerning the application of the Convention. It requests the Government to provide detailed and specific information on the manner in which equal access of women to positions in the government service, management positions, as well as economic opportunities are promoted and non-discriminatory provisions are enforced. Please also provide specific information on the situation of women in the EPZs, including protection against pregnancy testing and hiring and dismissal practices. Further please provide information on the manner in which equality is ensured for indigenous people in both urban and rural areas as regards working terms and conditions. Finally, it asks the Government to take appropriate measures to investigate and eliminate discriminatory practices.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report and the attached documentation.

1. Article 1, paragraph 1 (b), of the Convention.  The Committee notes with interest that section 246 of Legislative Decree No. 1030, of 26 April 1997, issuing regulations under the Penal Code, and amended by Legislative Decree No. 703, of 9 September 1999, sets out protection for grounds of discrimination which go beyond those provided for in the Convention, namely: pregnancy, civil status, social or physical condition, membership or not of trade unions, and family relations with other workers in the enterprise. It establishes penal sanctions for those who commit serious discrimination at work and do not correct the situation in accordance with administrative requirements or sanctions. The Committee requests the Government to provide information on the application in practice of this provision and on whether any penalties have been imposed in practice.

2. Article 2. The Committee notes with interest the annual reports on the action taken to comply with the National Policy on Women for 1997, 1998 and 1999 produced by the Salvadorian Institute for the Development of Women (ISDEMU). The Committee appreciates the institutional efforts made to implement affirmative action measures for women and the progress achieved, fundamentally in 1998. It notes the shortcomings reported, including the limited resources and the failure to unify knowledge on gender issues, as well as the recommendations made by the ISDEMU to adapt established measures to the strategic objectives. The Committee also notes the ISDEMU’s new plan for the period 2000-04. The Committee requests the Government to indicate the State’s budgetary allocation for the implementation of the National Plan for Women for the period 2000-04, and in particular for section No. 4 (Women and Work), and requests it to continue providing information on the action taken in practice to give effect to the Plan in relation to the harmonization of the legal framework with ratified international Conventions and the promotion of the access and retention of women in vocational training programmes to facilitate their integration into the labour market in a context of equality of opportunity.

3. The Committee notes the information provided by the Government concerning equality of opportunities for women and requests the Government to indicate the extent to which the policies and actions that are being taken also cover women in minority groups. The Committee notes that the Government has not provided information on the measures that it has taken in practice or envisages to guarantee equality of opportunity and treatment in access to employment and vocational training, and in the conditions of work of indigenous and tribal peoples, both in the public and private sectors. The Committee reiterates its request and urges the Government to provide such information disaggregated by sex.

4. The Committee also requests the Government to provide detailed information on the situation and working conditions of women employed in export processing zones, including statistics and summaries of the reports of the labour inspection services, so that it can assess the manner in which the Convention is applied.

5. Article 3. The Committee notes the Government’s statement that neither the General Directorate of Labour Inspection nor the General Labour Directorate have on their files claims by workers or cases of mediation concerning the application of the principles set out in the Convention. The Committee recalls that failure to make use of recourse procedures under the terms of anti-discrimination legislation may be a result of lack of knowledge of rights or of a misunderstanding by workers or labour inspectors of the legal provisions prohibiting discrimination. The Committee requests the Government to provide information on the measures which have been taken or are envisaged to undertake appropriate information activities on the established rights relating to the principle of equality of opportunity and treatment in employment and occupation and to ensure that relevant claims are made and effectively resolved, particularly in the case of women domestic workers and agricultural workers.

6. The Committee notes the organization of tripartite seminars on matters relating to equality and hopes that these activities will continue to be promoted. It requests the Government to provide information on the manner in which employers’ and workers’ organizations have participated and continue to participate in the preparation and monitoring of the National Policy on Women and the other policies referred to in Article 2 of the Convention.

7. The Committee requests the Government to provide copies of the Act respecting vocational training, Legislative Decree No. 554 of 2 June 1993, as amended by Legislative Decree No. 455 of 21 September 1995, and on their implementation in practice up to the present, so that it can make an appropriate assessment.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report and the attachments provided.

1. Articles 1 and 2 of the Convention. The Committee notes with interest the document on the National Policy on Women, produced in May 1997 by the Salvadorian Institute for the Development of Women (ISDEMU), established under Legislative Decree No. 644 of 29 February 1996. According to the document in question, the national policy on women has been prepared on the basis of a strategic concept and is intended to be national in scope, and not limited in application to specific sectors or groups of women beneficiaries. The Committee observes with interest also that the declared objectives include ratification of the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156), and revision of labour legislation to improve the conditions of working women. The Committee notes that the plan covers the period 1996-99 and requests the Government to send it information on the activities actually carried out in implementation of the plan and the results obtained, in particular in relation to section No. 4 (Women and work). Please also send a copy of the new national policy plan for women from the year 2000.

2. The Committee reiterates its request to the Government to send it information on the content of the national policy which aims at the realization of the principle of equality of opportunity and treatment in employment and occupation, on the basis of the criteria in the Convention, apart from that of sex.

3. In its previous direct request, the Committee again requested information on the application of the principle of the Convention and the de facto situation, as well as the legal procedures which exist to remedy situations involving discrimination in employment and occupation. It also asked whether complaints had been brought before the courts or whether the provisions of section 30(12) of the Labour Code, which prohibits employers from making any kind of distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, have been included in collective labour agreements. The Committee notes that the Government has indicated that the General Labour Inspection Directorate handles complaints made by workers against their employers and gives assistance in the holding of conciliation hearings, and that it carries out inspections automatically or at workers' requests. Please send more specific information on the labour inspection service in regard, for example, to inspections and conciliation hearings and complaints on which it has intervened in relation to the application of the principle of the Convention.

4. The Committee notes that female domestic workers and agricultural workers are subject de alguna manera (in some way) to the general legal provisions to which all other workers are subject and that when their rights are violated they can have recourse to the General Labour Inspection Directorate and directly to the labour courts. Please indicate the meaning of the expression alguna manera in the context used. Please also send information on the complaints made by domestic and agricultural workers -- in relation to the principle of the Convention -- to the authorities cited, and their outcome, so that an assessment can be made of the effectiveness of the protection system in the event of violation of the rights protected by the Convention.

5. Article 3. The Committee requests the Government to indicate the measures adopted to obtain the cooperation of employers' and workers' organizations in the task of promoting acceptance and implementation of the policy set out in Article 2 of the Convention and to explain the forms in which this cooperation is carried out in regard to the other criteria enshrined in the Convention.

6. Article 4. The Committee notes the Government's information regarding the causes of dismissal set out in section 52 of the Civil Service Act and indicates that the Act provides no basis to apply any discrimination in relation to employment and occupation against officials and public or municipal employees who belong to the civil service on the mere suspicion of having committed faults or offences, including those on whom legitimate suspicion falls that they are engaging in activities contrary to the security of the State. The Committee requests the Government to send it the text of the Civil Service Act and to indicate what remedies are available in the civil service to guarantee that there is no discrimination based on political opinion either in employment or in access to employment.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information contained in the Government's first report and asks the Government to reply to the following points.

2. Article 1 of the Convention. The Government has provided with its report legislative texts which prohibit discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin, but has not supplied any information on the practical application of the Convention and the actual situation in the country. The Committee requests the Government to provide practical information on the application of the principles of the Convention, especially of the legal procedures which exist to remedy situations involving discrimination in employment and occupation. It also asks the Government to indicate whether complaints have been brought to the courts. Please indicate whether the provisions of section 30(12) of the Labour Code, which "prohibit employers from making any kind of distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, apart from the exceptions provided for by law for the purposes of protecting workers", are included in collective labour agreements.

3. The Committee notes that the Labour Code makes certain distinctions for the protection of domestic servants (section 76 ff.) and for agricultural and livestock workers (sections 84 to 103), where, in both cases, employers are allowed to make verbal contracts. In the case of domestic servants, the general provisions of the Code are not applicable (section 77); employers may require a certificate of good health as a condition of employment (section 78); and domestic workers do not follow a fixed timetable and are obliged to work on their days off whenever they are so requested by their employers (in such cases they are entitled, however, to double their normal daily rate of pay). The Committee requests the Government to provide information on which bodies may assist such people in protecting their rights in the absence of employment contracts. The Committee requests the Government to indicate also which labour inspection and other protection procedures are available to domestic, agricultural and livestock workers.

4. Article 1, paragraph 1(b). Taking into account the fact that the Constitution includes nationality as a criterion of discrimination, in addition to the criteria set out in the Convention, the Committee requests the Government to inform it whether it wishes to determine this criterion by the means provided for in this subparagraph.

5. Article 2. The Committee notes that the information supplied by the Government on the application of this Article refers only to the issue of equality of opportunity for men and women, apart from the fact that it refers to "equality for all people in society" as one of the principles of this policy. The Committee therefore wishes to recall what was stated in paragraph 162 of its 1988 General Survey on equality in employment and occupation concerning the content of national policies, i.e.: "in order to preserve the flexibility which is essential for its application, the Convention does not specify the content of measures which may be adopted for the promotion of effective equality of opportunity and treatment in employment and occupation, and leaves it to States to determine the content of such measures in accordance with the objective of the Convention. The content of the national policy should, however, draw its inspiration from the principles of the Convention: it is essential that it should be designed to promote equality of opportunity and treatment by eliminating all distinctions, exclusions or preferences in law and in practice; that it should cover the different grounds of discrimination expressly referred to (race, colour, sex, national origin, religion, political opinion and social origin); and lastly, that it should provide for the implementation of the principle of equality of opportunity and treatment in all fields of employment and occupation". The Committee requests the Government to indicate, in its next report, how the principles applicable to equality between men and women are promoted in relation to the other criteria enshrined in the Convention.

6. Article 3. The Committee requests the Government to provide: more detailed information on consultations with the social partners; statistics relating to vocational training programmes, the participation of women in such programmes and in the public service; and the result of the consultations on the strategy underlying a national policy.

7. Article 4. The Committee requests specific information on how individuals suspected of engaging in activities against state security are treated in relation to employment and occupation, and whether such people may have recourse to the competent courts in cases where measures have been taken to dismiss them from their employment or to refuse them access thereto.