Caso individual (CAS) - Discusión: 2019, Publicación: 108ª reunión CIT (2019)



Discussion by the Committee

Government representative – We are present here in view of a decision made on 11 June by the social partners which included us on the list of countries required to report before this Committee.

In my intervention before the Assembly Plenary, and at the inauguration of the Government of President Nayib Bukele, of which I am a part since 1 June, I spoke out strongly about the importance of implementing an inclusive labour policy with the support of all the actors concerned, in line with the spirit of tripartism, and where the workers and the employers operate under equal conditions.

Our administration, which is in charge of the Ministry of Labour, is aware of the challenges, difficulties and solutions involved in creating and developing a labour policy based on a strong sense of equality for all social sectors, while taking into account the situation of the country, its laws and the legislative framework of the International Labour Organization (ILO) which sets out the same commitments for all.

Our country’s record has resulted in our inclusion on the list of countries called to report before the Committee. I wish to make clear that our Government is deeply concerned by the cases that remain outstanding. The cases require our immediate attention, as instructed by President Nayib Bukele, in line with the vision of the Ministry.

In this way and as a result of our will to change, we have already initiated a constructive dialogue with employers and workers with the objective of ensuring full compliance with the ILO Conventions ratified by our country. In light of this new vision, we have implemented new actions aiming to fill the gaps that currently persist, particularly by reactivating the Higher Labour Council (CST), as a legally established national tripartite body, and by creating other spaces for social dialogue. Therefore, with clear and strong support from our Government, as approved by the ILO, we are certain of achieving the positive results desired.

Similarly, we are very much concerned by the case of trade union leader, Mr Abel Vega, which first arose in 2010. The case involves a crime that cannot be left unpunished. Our Government must set a precedent in our country to no longer attack the trade union movement.

In order to do so, we have begun discussions with the Prosecutor General’s Office with the aim of speeding up the investigation and punishing those responsible for this crime on the grounds established by the Committee, while maintaining due respect for the separation of constitutional powers in our country. Our commitment is so strong that, upon my return, one of the first decisions I will take will be to visit the Prosecutor’s Office, in my capacity as Minister. And our Government will not only stop at that. We will take additional measures because we cannot allow such things to happen in El Salvador.

In my first week in the administration, I spoke with the labour and business sectors, seeking consensus over the need to reactivate the CST as quickly as possible, for the benefit of all social partners and with a commitment to ensure equality for all. I can now confirm that this consensus has been reached.

As a result, we believe that the best way of setting in motion the new vision that we are seeking to implement in our country would be to immediately sign a tripartite agreement.

Before concluding this session, I would like to express my satisfaction over the efforts made by the ILO over these 100 years to improve relations between workers and employers at the international level. The role of the State is significant in that regard, and we, as the Government, cannot evade our responsibilities within the ILO. We are a founding member of the Organization, and to remain consistent, we must comply with its standards.

I believe that social harmony and harmony in the workplace lead to development and trust among compatriots. Let us not lose the opportunity to keep improving every day, especially the opportunity to improve working conditions and to build the trust of the business sector.

Our President has sent a clear message by appointing me as Minister as I used to be a trade union leader, a trade union leader who understands the need for both the productive sector and the workers sector, as well as for clear rules defined on an equal basis.

Employer members – We thank the Government of El Salvador for the information provided. The present case is being reviewed for a third time in a row. Prior to this, the Committee examined El Salvador’s compliance with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), during the International Labour Conference of 2015 and 2016.

Throughout the history of the case, concerns have been raised both by experts and by this Committee. The secretariat has also sent a direct contacts mission. The Director-General of the National Association of Private Enterprise (ANEP) and the International Organisation of Employers (IOE) submitted a request for urgent intervention as a result of government interference in the election of representatives at the Superintendency for the Electricity and Telecommunications Sectors (SIGET). The Government also interfered in the elections of other tripartite bodies, such as the National Minimum Wage Council (CNSM) and the Salvadoran Institute of Professional Education (INSAFORP).

The complaint filed by SIGET brings to light some very serious events. For example, the Government has been creating fake organizations to push its own agenda in the social dialogue committees, passing themselves off as employers’ organizations. These events were revealed by the Prosecutor General’s Office with a view to punishing those responsible for these crimes, including for the falsification of documents to establish the fake employer’s organizations, while also obliging them to attend the Supreme Court of Justice.

Last year, this Committee expressed its concern that the Government of El Salvador was not complying with Convention No. 144, and that social dialogue was deficient in the country.

Let us recall some of the conclusions that were made last year. The Government was requested to stop interfering in the constitution of employers’ organizations and to ensure that legitimate workers’ and employers’ organizations were properly represented. It was asked to immediately reactivate the CST as well as to develop, in consultation with the social partners, rules that enable its proper functioning. The Government was also asked to appoint the employers’ representatives to the CST.

It is now time to analyse whether the country fulfilled the recommendations made by the Committee last year. More than one year has passed and the CST has still not resumed its activities since the Government did not convene or set it up. We remember the failed attempt to convene the body in 2017, during a visit of the direct contacts mission. However, this attempt was illegal because the Government did not follow CST rules of procedure.

In relation to the non-interference of the Government in the constitution of employers’ organizations, we see the following: in July and August 2018, the Government invited fake organizations to vote in the election of the employers’ representative to the Committee on Pension System Risks, disregarding the many appeals that it had received urging it not to do so.

We are also highly concerned that the Government has been upholding a generalized practice of delaying the delivery of credentials to the employers’ organizations in different social dialogue fora.

In relation to the request to develop clear, objective, predictable and legally binding rules, in consultation with the social partners, for the reactivation and full functioning of the CST, the Government made use of technical assistance from the secretariat, which we welcome. Nevertheless, the proposals of the Government in this process were aimed at limiting the participation of the employers or interfering in the internal processes of employers’ organizations. We all know well that this goes against freedom of association, as outlined in the fundamental Conventions of the ILO. For example, the following measures were suggested:

- authorizing the Government to regulate the process of electing employer representatives;

- permitting the Government to appoint committees to vet the process of electing employer representatives;

- giving the Government the power to establish participation quotas by size of company or by any other criteria, at its own discretion.

On the same topic, ANEP has informed us that it has agreed a draft law, in bipartite negotiations with workers’ organizations, which would integrate the provisions and rules on the election and appointment of the social partners at the CST into the Labour Code. The proposal was submitted in September 2018, at the invitation of the Labour Committee of the Legislative Assembly.

We welcome this development as it shows that the social partners in El Salvador trust in and practice social dialogue. This proposal is also important because it would allow the workers’ and employers’ organizations to appoint their own representatives freely and independently.

Lastly, with regard to ensuring respect for the employers, their organizations and facilities as well as safeguarding their security, we are concerned that violent protests are still occurring at the ANEP offices. The protests are being carried out by activists and groups associated with the Government or tolerated by it, of course, with the aim of intimidating company directors.

We are aware that there has been a change in Government in El Salvador. We are also clear that the State is bound by the obligations outlined in the Convention. The new administration cannot but implement the previous recommendations in good faith following the departure of the previous administration, which did not do so. Indeed, the new administration has an opportunity in the sense that, by ensuring the full implementation of free-flowing social dialogue and taking a legitimate interest in the opinions, concerns and needs of the social partners, it will be able to design and implement policies that benefit all Salvadorans.

The facts presented here indicate that there is a disregard for social dialogue and for ensuring compliance with the obligations assumed by the Government of El Salvador when it ratified the Convention. The Convention promotes tripartite consultation, which as we know well, is one of its fundamental pillars and which helps to promote governance and good labour relations within countries. The biased actions of the Government meant that it lost the trust of the social partners.

Of course, the new Government has the opportunity to reverse the serious situation described above. This Committee should demand that of them in order to improve governance in the country and promote good relations between the social partners and the Government. Of course, this will result in the adoption and implementation of more and better social policies.

Therefore, we must urge the Government of El Salvador to immediately reactivate the CST in order to guarantee that employers’ and workers’ organizations have the freedom and autonomy to appoint representatives to social dialogue fora as well as to guarantee the security of company directors and their facilities.

Worker members – It is now the fifth consecutive year that the case of El Salvador is being examined by our Committee. During the previous sessions, we were already able to address the situation in the country which is extremely tense. Violence is all-pervading. Weapons, especially illegal one, are spreading quickly with one weapon for every 13 people.

Close to 30 per cent of the population lives below the poverty line, according to the World Bank.

Everybody remembers the murder of trade union activist, Victoriano Abel Vega on 15 January 2010. We continue to strongly insist that the Salvadoran authorities shed light on this murder.

This year is the third time that we are examining failures in relation to the Convention.

In 1919, the members of the Commission on International Labour Legislation at the Paris Peace Conference developed an institutional structure which was, at the time and still today, considered as one of the most original and most successful structures on the world stage. I am referring to tripartism, which is a key characteristic of our Organization. The fact that such a complex system of tripartite consultations was developed at the international level should inspire governments to implement and guarantee these tripartite consultations also at the national level. In addition to the procedure set out in the ILO Constitution, the ILO adopted Convention No. 144 which aims to encourage tripartite consultations at the national level on different ILO-related questions.

In its analysis, our Committee will touch upon three issues set out in the Convention. First, implementing effective tripartite consultations. Second, ensuring that the social partners can freely choose their representatives. Third, holding tripartite consultations with a view to presenting the Convention and any related recommendations to the competent authorities.

Problems persist with regard to the establishment of structures used for effective tripartite consultation on matters related to ILO activities, as required under Article 2 of the Convention. When it comes to respecting this obligation, what is important is that the social partners can voice their opinion before any final government decision is adopted. Consultations should therefore take place prior to adopting any final decision. The member States should have some flexibility to decide the nature and form of the procedure for tripartite consultations.

The Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), states that the member States are free to set up written consultations, if those involved in the consultative procedures are agreed that such consultations are appropriate and sufficient. The Higher Labour Council (CST) is a body competent to deal with questions related to ILO activities. The report of the Committee of Experts describes various comments made by the employers’ organizations concerning the CST, whose functioning continues to pose a problem. We also understand that the Government has not taken any measures to reactivate this body. The body has not held a meeting since 2017.

Article 3(1) of the Convention sets out that the representatives of the workers and the employers should be chosen freely by the organizations representing them. The Government reported to the experts that the CST was convened but the organizations representing the employers refused to participate. Yet, according to information provided by those organizations, it seems that the sitting was convened illegally. Furthermore, these organizations also reported that it was clear that members of the CST were being elected unilaterally and on the basis of criteria determined by the Government. I remind you at this point that, when this case was examined in the session before last, the trade unions had also voiced their objections to the way that the body operates.

The methods imposed by the Government of El Salvador reduce to zero each representative organization’s freedom to choose. In order to ensure that the activities of the CST are resumed in a sustainable way, it is necessary to preapprove some clear and objective criteria as well as to agree an electoral process that is clear and permanent in nature and which guarantees that the organizations are represented as effectively as possible. In the event of an objection, the organizations should also be able to rely on an independent body to settle disputes and thus gain the trust of the parties. The events and activities described here are not in line with the Convention.

With regard to tripartite consultations, Article 5(1)(b) of the Convention stipulates that the consultations should be held in connection with the submission of Conventions and Recommendations to the competent authorities. It is through Article 2 of this same Convention that El Salvador has committed to this consultation procedure. According to some observations outlined in report of the Committee of Experts, it seems that El Salvador is not implementing a consultation procedure that is in line with the Convention.

It is true that the Government has received technical assistance from the ILO in order to implement a procedure for submitting reports within the framework of article 23 of the ILO Constitution. This process has led to the development of a Protocol containing guidelines on this issue. According to the Government, the Protocol will be subject to tripartite consultations as soon as it is finalized.

However, according to the employers’ organization, it seems that consultations have not been held to align the above procedure with reports developed on the basis of article 23.

We take particular note of this information but emphasize that it is now more than high time to implement this procedure effectively in the near future.

It is essential that the representative organizations can submit their observations regarding actions that their Government wishes to take in relation to the ILO standard-setting initiatives, before the Government makes its proposal to the competent authority. No such prior consultations have been held for many years in El Salvador. The need to establish a consultation procedure to follow is directly connected with the proper functioning of the CST. It is not possible for this procedure to be established if the representatives of the representative organizations have not been appointed. Therefore, once again, we call upon El Salvador to find a lasting solution that ensures the proper functioning of the CST.

Our observations are limited to the application of the Convention in question. It is a situation where we cannot see the forest for the trees. Indeed, these observations overshadow the many other difficulties that we could address in the case of El Salvador. We remain convinced that improving social dialogue could ease a good number of tensions in the country.

Employer member, El Salvador – It seems to us that there is goodwill and we are optimistic that it will be possible to correct and resolve the arbitrary acts committed by the State in the recent past. We note with special interest the commitment of the new Government, which took office only two weeks ago, to refer itself to the ILO supervisory bodies and strictly comply with international Conventions.

Therefore, we hope that the CST is convened in a way that respects the autonomy of the organizations most representative of the workers and employers, allowing them to freely elect their representatives, as established in Convention No. 87 and Convention No. 144.

We are here for the fifth year in a row not only because the Government of El Salvador violated Convention No. 87, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and Convention No. 144, but also because it disregarded the resolutions of this Committee, the reports of the Committee of Experts and the conclusions of the direct contacts mission.

In 2018, the Committee expressed concern over the lack of compliance with Convention No. 144 and over the fact that social dialogue is deficient in the country.

As a result, the Committee made various recommendations to the Government of El Salvador. Mr President, members of the Committee, let me explain briefly what has happened since June 2018. First, I will refer to the conclusion in which the Government was instructed to immediately reactivate the CST with the participation of the organizations most representative of the workers and employers and through social dialogue, as well as to guarantee the proper functioning of this body.

Firstly, we regret that one year later, the CST is still not operational. The Government neither convened nor set it up.

Secondly, I will refer to the conclusion in which the Government was instructed to refrain from interfering in the establishment of employers’ organizations and to facilitate representation by issuing the necessary credentials. In that regard, we would like to emphasize two unlawful acts committed by the Government in the last few months. First, it continued to use the fake organizations that it had itself created in 2017, of which there were 60, to influence the election of the SIGET board of directors.

In July 2008, the Government invited these fake associations to vote in the election of the employers’ representative to the Committee on Pension System Risks, an entity that determines how pension savings are invested. All actions to prevent this from happening were not needed as, in the end, the organizations declined to participate, and the election went ahead as normal.

Second, the Government has continued its generalized practice of withholding credentials from the employers’ organizations to prevent them from participating in the different election processes. One example is that of ANEP itself, whose credentials were withheld for 18 months. In November 2018, it finally received its credentials, but they were only valid for six months and have now expired.

Thirdly, I will refer to the conclusion which instructed the Government to develop clear, objective, predictable and legally binding rules, in consultation with the social partners, for the reactivation and full functioning of the CST. In that regard, the Government requested technical assistance from the ILO Regional Office in Costa Rica.

However, the Government, through its Ministry of Labour and in coordination with some 30 legal managers from ministries and autonomous public entities with whom it held frequent meetings, developed rules clearly aiming to impede the participation of ANEP, not only in the CST but also in other joint, tripartite entities.

The reforms developed to amend the rules violate international Conventions. The Government is using them to assign itself powers, such as altering and manipulating the list of business organizations with voting rights, approving rules for the internal election of employer representatives, appointing a committee to vet the process for electing employer representatives, and establishing a participation quota by size of company and by other criteria at the Government’s discretion.

This topic is extremely sensitive because the power to approve and reform rules is exclusive to the President of the Republic who can do so unilaterally and without tripartite consensus. Last year, to prevent this from happening, at the invitation of the Labour Committee of the Legislative Assembly, we submitted a proposal to integrate the regulatory provisions related to the election and appointment of social partners at the CST into the Labour Code. At the same time, we urged the delegates to invite the workers’ organizations to be part of the CST, which is then what happened.

The proposals were developed in conjunction with workers and employers, within the framework of social dialogue, where we were able to discuss and develop various proposals concerning the workplace. The absence of tripartite dialogue can interrupt the labour agenda.

In this case, it is important to guarantee that we, the Workers and Employers, can elect our own representatives freely and independently, regardless of the government in power. We can resume this discussion once the CST is reactivated.

Fourth, the employers believe that the following conclusion is key: “appoint without delay representatives of the most representative employers’ organizations in the CST where such appointments are still pending”.

As the members of the Committee know, the case of El Salvador came before this Organization for these reasons when, in 2012, the Government expressly approved reforms to the rules of 19 autonomous public entities with a view to expelling from their boards the directors that had been elected and appointed by the employers. The case became known to the Committee on Freedom of Association, which concluded that, before carrying out this type of reform, the Government must consult the CST. It is precisely for that reason that the Government decided to block the CST, which has not convened since 2013.

ANEP turned to the Supreme Court of Justice which ruled in favour of the appeals and challenges alleging unconstitutionality and ordered that the employers be given back their power to freely appoint directors in the autonomous entities.

The Government, through its different mechanisms, has refused to comply with the decision of the Court. Not only has there been government interference within the CST but also in other joint tripartite entities. There are at least three cases pending in relation to the right of employers to freely appoint their representatives: INSAFORP, CNSM and SIGET.

In those three cases, the Supreme Court ordered precautionary measures. Over the last ten years, the Government has on three occasions introduced legislative reforms that changed the way in which the INSAFORP board of directors is put together.

Similarly, the CNSM election was carried out following an order that was issued illegally by the Ministry of Labour on the same day of the election.

The third case is, without doubt, the most scandalous, it refers to the process through which the employers elected the board of directors for SIGET, an entity responsible for regulating the electricity and telecommunications sectors. In this case, ANEP together with the International Organisation of Employers (IOE), called on the Director-General to intervene directly.

As this Committee will remember, while some public officials tended to the 2017 direct contacts mission at this time, others were planning to take the legitimate place of the employers in elections.

In record time, a total of 60 fake organizations were established. The organizations were registered in the country’s poor municipalities, far away from the main cities, where there are no taxes or formal jobs nor is there a minimum wage. They used the public employer protocols of state-owned companies regulated by SIGET. The 60 organizations participated and won the election.

Not only did the Government refuse to speak with the legitimate representatives of the employers, not only did it withhold credentials from the employers’ organizations, not only did it exclude business organizations from the list of voters, not only did it empower informal citizens’ organizations that were not entrepreneurial in nature, but it also created fake ghost organizations to take the place of the legitimate social partners.

Lastly, we deplore the fact that, during the last year, violent protests have taken place repeatedly at the offices of ANEP, as well as at the offices of the Sugar Association and Chamber of Farming and Agroindustry, both of which are members of ANEP. The protests were carried out by activists and “shock groups” set up and sponsored by the Government.

At that time, the activists and shock groups took part in violent protests in which they even threw faeces, rubbish, contaminated water and burning tyres into the offices of ANEP. Through these acts of violence and abuse, they sought to intimidate the spokespeople for the employers, and make them responsible for the lack of solutions to problems in the country, which in turn sparked more protests.

Furthermore, we are concerned by a report issued last year by the Office for the Protection of Human Rights, which ordered the closure of a complaint filed by ANEP regarding the violence on its premises.

We are concerned that the institutions in El Salvador do not function properly and that we are left vulnerable and without protection in the face of violence by activists and shock groups. However, the report did recognize the passive attitude of the police and urged them to intervene in the event of something similar.

In the last ten years, the employers’ organizations have experienced violence, abuse and exclusion at the hands of the Government and through all possible means.

We hope that this is now a matter of the past. We trust in the new Government and have faith that it will convene the CST, while respecting the autonomy of the most representative employers’ and workers’ organizations so that they can freely elect their representatives. It is in all of our interests to establish social dialogue as a tool to find solutions, boost development, bring in investments and create jobs, while also respecting the Constitution, the legal framework and international Conventions. We trust that El Salvador can make the most of this new historical opportunity.

Worker member, El Salvador – The last ten years have seen El Salvador frankly go backwards on tripartism, social dialogue, freedom of association and collective bargaining. Proof of that is the fact that the case of El Salvador remains before the Committee for the fifth consecutive year.

After examining the case of El Salvador last year, the Committee made a series of recommendations to our Government, but those recommendations were not implemented.

In addition, after nine years, the people physically and intellectually responsible for the murder of Mr Victoriano Abel Vega have still not been brought to justice because the State of El Salvador has not conducted an effective investigation.

In the private, public, and municipal sectors, there are persistent violations of the human and labour rights enshrined in our Constitution, in national labour laws and in the ILO Conventions ratified by our country. I will describe some of the most recent cases which exemplify the situation:

On 10 July 2018, the Union for the Cement Industry and Allied Workers (SICCA) was established. The business sector responded by dismissing all trade union leaders.

Similarly, young workers are also experiencing serious violations of their human rights, such as the rise of temporary jobs and the absence of a law on education that truly protects their rights.

In addition, employment requirements continue to discriminate on grounds of membership of the LGBTI community (lesbian, gay, bisexual, transsexual and intersex), disability, gender and age.

A public service law is being pushed through the Legislative Assembly without having duly consulted the workers’ organizations. The law is damaging to the process of freedom of association and collective bargaining. For instance, it excludes such topics as salary review from collective bargaining and links it directly to working conditions. It allows for contracts to be declared as void if they go against the economic policy of the Government. It makes arbitration compulsory and uses an extensive but restrictive definition of essential services.

Social dialogue continues to be a formality that is carried out half-heartedly and is therefore a pending matter. The failure to set up the CST means that it cannot issue an opinion on the draft reforms of labour and social security legislation, nor can it make recommendations to the Government regarding the ratification of ILO Conventions that it considers appropriate.

For example, the Legislative Assembly passed a legislative reform on the pensions saving system, without holding consultations with the workers’ organizations, which did not resolve pension-related problems, but instead focused entirely on fiscal and financial issues, with a view to boosting state finances. This goes against the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Social Protection Floors Recommendation, 2012 (No. 202) of the ILO.

We were also not consulted when developing the public policy on technical education, professional training and production systems. As a result, representatives of workers’ organizations do not participate in sectoral committees, committee boards or coordination councils, which is clearly an anti-trade union strategy that violates various ILO Conventions ratified by our country.

In the current situation where there is a government that has only recently assumed the presidency of our country, it is of primary importance to reactivate the Higher Labour Council (CST) as a space for the discussion of macro policies to ensure social justice for Salvadoran families and promote democracy and governance in the country. It is through the CST, a mechanism for tripartite social dialogue, that it will be possible to reach a broad national consensus on topics such as: health reform, education for living, the future of work, the pensions system, wage policy, fiscal agreements, the creation of decent work, austerity policies, adaptation and resilience to climate change, citizenship and social control. Therefore, we would like to give the benefit of the doubt to the position expressed by the new Government and its Ministry of Labour in meetings held with trade unions, particularly with regard to its willingness to strengthen social dialogue, its commitment to respecting labour standards and withdrawing from discussions on draft laws such as the public service law so that they can be reviewed in the relevant tripartite bodies, and its commitment to establishing a committee to study pension systems.

The Higher Labour Council should be reactivated with broad participation from all trade unions, private companies and government officials, and with technical assistance from the ILO. Indeed, we believe that the solution to our historical and structural problems requires that effective social dialogue is re-established among the sectors as quickly as possible.

Worker representation is currently without a leader. The officials of the previous Ministry of Labour finished their term without holding even one meeting in two years. As a result, it is urgent that the workers’ organizations appoint their representatives in line with Article 50 and in line with the rules of the Higher Labour Council, thereby complying with Convention No. 144.

We call on the ILO to ensure that worker representatives can freely determine their own robust, internal election procedures on the basis of specific, objective, pre-established criteria that ensure representativeness, while preventing arbitration and interference from both the Government and the employers. The ILO should also allow the workers to appoint their own representatives, with the need to take into account the function that they will perform but not necessarily their status. Once the Council is set up, it should carry out a comprehensive reform of Article 50 as well as of its own rules so as to ensure they cover all sectors. Furthermore, the case should be reviewed at the next session of the Executive Board and reported to the International Labour Conference in 2020.

As we can see, government authorities have for many years disregarded the recommendations of the supervisory bodies and the direct contacts mission. The actions of the Government of El Salvador through its Ministry of Labour pose a serious risk to freedom of association, demonstrate a lack of political will for social dialogue and show an absence of a democratic labour policy. As a result, it is necessary to issue recommendations that resolve the serious situation facing the workers, which has arisen because the previous Government of El Salvador and its administration made it government policy to violate freedom of association. We trust that the new Government of Mr Nayib Bukele will correct these mistakes and ensure full compliance with national and international standards so that we can create a climate of peace in the workplace and foster an effective and open social dialogue in the interests of all Salvadorans.

Government member, Brazil – Speaking on behalf of the significant majority of countries in Latin American and the Caribbean, I thank the Government of El Salvador for the information provided. We have listened carefully to the comments made in relation to ensuring tripartite consultations as outlined in international labour standards and within the framework of the Constitution and national legislation. National legislation designates the Higher Labour Council (CST) as the body responsible for holding tripartite consultations on international labour standards, as indicated by the distinguished delegation of El Salvador. We are aware that the Government of El Salvador has taken it upon itself to find tripartite solutions to pending issues, including on the reactivation of the Higher Labour Council as a legally established body. This will deliver definitive solutions that work well for all social sectors in the country. We support the commitment of the Government of El Salvador to implementing the Convention as well as the initiatives that it will take to fulfil the obligations outlined in that Convention.

Government member, Romania – I am speaking on behalf of the European Union (EU) and its Member States. The candidate countries, the Republic of North Macedonia, Montenegro and Albania, as well as the EFTA country Norway, member of the European Economic Area, align themselves with this statement. The European Union and its Member States are committed to the promotion, protection and respect of human and labour rights, as safeguarded by the fundamental ILO Conventions and other human rights instruments. We support the indispensable role played by the ILO in developing, promoting and supervising the application of international labour standards and of fundamental Conventions in particular.

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

Convention No. 144 is intrinsically linked with two fundamental Conventions: No. 87 on freedom of association and protection of the right to organise and No. 98 on the right to organize and collective bargaining, as well as with at least five Sustainable Development Goals. Tripartite consultations and meaningful and effective social dialogue are essential elements of the application of fundamental principles and rights at work.

The European Union and its Member States are committed to the people of El Salvador through strong cooperation, political, and trade ties. The EU – Central America Political Dialogue and Cooperation Agreement, which entered into force in 2014, and the provisional application of the trade pillar of the EU – Central America Association Agreement since 2013, provide a framework for developing our partnership.

We wish to recall the commitment undertaken by El Salvador under the trade and sustainable development chapter (Title VIII) of the EU Central America Association Agreement, to effectively implement in law and practice the fundamental ILO Conventions.

We note with deep regret that this case was already discussed in the last two years in the Committee on the Application of Standards, including as a serious case in 2017. The Committee noted with concern the dysfunctional operation of social dialogue in the country and the non-compliance with ILO Convention No. 144. It has also provided clear recommendations related to the importance of non-interference with the constitution of employers’ organizations and the need to ensure proper representation of legitimate employers’ organizations.

The Committee demanded also the reactivation the Higher Labour Council (CST) by ensuring its full functioning with proper social partners’ representation. The Council can only fulfil its role when it effectively puts into practice tripartism and genuine social dialogue. We observe with concern that the Council is still not operational.

We welcome the Government’s recent calls for dialogue towards the prompt reconstitution of the Council following a cross-sector dialogue as required by the international standards. We nevertheless urge the new Government to take appropriate measures to reactivate the Higher Labour Council, by developing, in consultation with social partners, the rules of its functioning, in particular clear and transparent rules for the nomination of workers’ representatives that comply with the criterion of representatively, as well as the process of its reactivation.

We also call on the Government to ensure full autonomy of the social partners and their participation in consultations related to employment and labour policies and legislation, in a transparent and inclusive manner and before a decision is taken. We encourage the Government to provide information on the outcome of the tripartite consultations held in relation to the Protocol on the submission procedure, as well as to provide updated information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by Article 5(1)(a)–(e) of the Convention.

We also strongly encourage El Salvador to inform about the measures undertaken or in preparation in the framework of the ILO’s technical assistance.

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

Government member, Burkina Faso – As you know, the importance of Convention No. 144 is well established. Holding regular tripartite consultations such as those promoted in this Convention are a way to guarantee lasting social peace. Indeed, by institutionalizing and practising tripartism effectively, the world of work will be able to cultivate tolerance and constructive criticism, which are both necessary for development.

Tripartism, need I remind you, is the cornerstone of social dialogue, a concept that our Organization holds dear. It is also through tripartism, which is unique to the ILO, that governments and social partners come to agreements that can ensure better living and working conditions for the working population of our countries. The report of the Committee of Experts called on the Government of El Salvador to take appropriate measures to give full effect to the Convention that it ratified in 1995. With regard to the importance of tripartite consultation in the promotion and practice of social dialogue, the delegation of my country urges El Salvador to continue implementing the important provisions of the Convention and, if necessary, to request assistance from the secretariat.

Employer member, Spain – The Government has been unable to establish real social dialogue, hold tripartite consultations, adopt measures to reactivate the Higher Labour Council (CST), or guarantee the free and autonomous election of the legitimate representatives of the social partners within the CST.

This disregards the conclusions adopted by the Committee on the Application of Standards at the 107th Session of the International Labour Conference, which urged the Government of El Salvador to refrain from interfering in the constitution of employers’ organizations and to facilitate, in accordance with national law, the proper representation of legitimate employers’ organizations by issuing appropriate credentials; develop, in consultation with the social partners, clear, objective, predictable and legally binding rules for the reactivation and full functioning of the Higher Labour Council (CST); reactivate, without delay, the CST, through the most representative organizations of workers and employers and through social dialogue in order to ensure its full functioning; appoint without delay representatives of the most representative employers’ organizations in the CST where such appointments are still pending; and avail itself of ILO technical assistance. It also recommended that the Government submit a detailed report for examination at the next session of the Committee of Experts.

These conclusions are simply a repetition of those adopted by the Committee on the Application of Standards in 2016 and 2017, also pursuant to Convention No. 144, as well as of the recommendations of the ILO direct contacts mission carried out between 3 and 7 June 2017. The lack of compliance with these conclusions demonstrates the lack of will by the Government of El Salvador to put procedures into practice that ensure effective consultations between representatives of the Government, the employers and the workers on issues related to the activities of the International Labour Organization. It also shows a lack of will to stop interfering in the autonomy of the worker and employer representatives who should be freely elected by their organizations.

We hope that the spirit of dialogue demonstrated by the current Government of El Salvador translates into compliance with the conclusions, the conclusion adopted successively by the Committee on the Application of Standards at the International Labour Conference, with a view to overcoming an anomalous situation that has persisted for ten years.

Worker member, Honduras – We regret that in recent years El Salvador has been accused by the employers of non-compliance with the Convention, whose primary objective is to ensure effective tripartite consultations. The Convention also recognizes, through the procedures laid out therein, that the Employer and Worker representatives should be freely elected by the representative organizations. Therefore, we condemn the interference within the employers’ sector. It is important to recognize the Employers as one legitimate group, and one group alone, in the labour sector.

We call on the employers to be coherent in their request to the Government regarding the immediate establishment of the Higher Labour Council. The Council should be certified, and it should participate actively and effectively without bias, while respecting the autonomy of the labour sector. We call on the Government to reactivate the Higher Labour Council as quickly as possible and to be respectful of the autonomy and independence of the labour sector in electing and appointing representatives to the tripartite bodies, as outlined in the rules of the Higher Labour Council.

In the same way, we call on the Government of Nayib Bukele to respect the Convention within the framework of tripartite social dialogue and to put an end to the situation in which public sector workers are dismissed without due process.

To conclude, we call on workers to continue promoting tripartite social dialogue and to do their utmost to ensure the proper functioning of the Higher Labour Council.

Government member, Colombia – Colombia thanks the Government of El Salvador for the information provided. The Ministry of Labour has a fundamental role to play in building bridges between employers and workers. There is a need for us to work together, to have open and honest dialogues, to recognize our successes, the agreements made, but also to respect our differences. For that reason, we value the efforts made by the Government of El Salvador to advance on social dialogue and thereby reactivate the Higher Labour Council.

Our Government trusts that, with the commitment of the Government of El Salvador, the will of all parties and technical assistance from the ILO, the institutions of social dialogue will reap benefits, and it will be possible to continue progressing towards compliance with international labour standards.

Employer member, Costa Rica – The employers of Coast Rica wish to support and echo the words of the employer representative of El Salvador. Convention No. 144 is one of the most important Conventions from the point of view of governance since tripartite consultations are part of the essence of the ILO.

The Higher Labour Council is, if not the most important, one of the most important tripartite bodies among the many others that the State can make use of. Article 1 of the rules of the Higher Labour Council states that the aim of this body is to institutionalize social dialogue and promote economic and social consensus among the public authorities and the employers’ and workers’ organizations.

Therefore, it is of vital importance to allow the CST to reconvene, while allowing the most representative organizations to choose their representatives freely. As set out in Article 2 of the Convention in question, “Each Member of the International Labour Organisation which ratifies this Convention undertakes to operate procedures which ensure effective consultations … between representatives of the Government, of employers and of workers …”.

As a result, it should be remembered that, among the actions recommended by the Committee at the 2018 Conference, was the need for the Government of El Salvador to “develop, in consultation with the social partners, clear, objective, predictable and legally binding rules for the reactivation and full functioning of the Higher Labour Council (CST)”. However, the initiatives promoted by the Government of El Salvador violate Convention No. 87, Convention No. 98 and Convention No. 144. These include appointing government committees to take part in the process for electing representatives and imposing restrictive criteria.

As ANEP is the most representative employers’ organization in El Salvador, we cannot and should not allow any impediment to the election of its representatives, not only within the CST but also in the other joint tripartite entities. In order to ensure legal security, which should be respected at all times, the organizations have the right to elect their representatives legitimately and without any intervention from the State. Otherwise, there is a clear violation of the above-mentioned Conventions.

As a result, it is extremely important that, when developing clear standards to ensure the reactivation and full functioning of the Council, this Committee must make sure that the rules are not reformed in such a way that they could constitute a violation of the autonomy and legitimate rights of the representative organizations.

It must be guaranteed that the organizations can elect their representatives freely, regardless of the government in power, and that the very important body that is the Higher Labour Council is swiftly reactivated.

Observer, Public Services International (PSI) – We take the floor to discuss the case of El Salvador on behalf of Public Services International and CONTUA in support of Salvadoran workers who have endured long-standing violations to their trade union rights. The case brought before the Committee of Experts addresses the country’s lack of compliance with Convention No. 144. No real solution to the problem has been found given the fact that the Higher Labour Council has been suspended. It is important to immediately and urgently remove all obstacles to the functioning of the Higher Labour Council. There is a need to establish clear rules that are respectful of freedom of association, and respectful of the right of the social partners to organize autonomously and in good faith, so they can hold discussions and reach lasting agreements.

We emphasize the need for goodwill when promoting dialogue because even the most perfect legal standards will not be helpful if governments and social partners delay the appointment of representatives, fail to agree the topics for discussion or block the quorum or the decision-making processes.

There is a new Government in El Salvador. The trade union movement urges the President and his cabinet to prioritize the guidance of the experts, engage in dialogue with the social partners, and rapidly find a working dynamic that will enable the tasks of the Higher Labour Council to be resumed.

But we would also like to highlight that the ILO and its various supervisory bodies are processing dozens of complaints related to violations of the fundamental labour Conventions in El Salvador. Therefore, we also call on the new Government to respond urgently and to turn around any labour policies that violate trade union rights.

In particular, we would like to describe the situation of the public sector and give the example of trade unions from the electricity industry that are affiliated with Public Services International. The unions have been reporting anti-trade union practices since 2014, including disaffiliation campaigns initiated by government and company representatives who have been threatening unionized workers with dismissal and dismantling collective bargaining. This has led to the abolition of collective bargaining agreements and bullying of trade unions in the form of systematic court procedures as a means of resolving social conflicts.

The situation is so serious that the Secretary-General of a trade union from the electricity industry, our colleague Roxana Maribel Deras Acosta, has been subjected to an advanced dismissal process on the basis of falsehoods told by the management and with the only objective of discrediting her and her trade union.

We urge the Government to address this case or we will make an example of it. We will appear before this Committee once again next year in connection with the Convention No. 87. We will appear before the United Nations and before the human rights bodies of the Organization of American States, demanding justice and condemning those responsible.

As has already been mentioned, a new Government took office in El Salvador just a few days ago. The new administration has the opportunity to get things done, reverse the situation and administer labour relations in a way that respects freedom of association and tripartite dialogue. We hope to see it making decisions and showing signs of doing just that.

The ILO can collaborate with the new Government and with the social partners by providing them with technical assistance. The trade union movement is ready to sit at the table of tripartism if the assaults stop and a climate of respect and trust is established.

Employer member, Chile – The case of El Salvador is of interest given it refers to an issue that is fundamental for this Organization. Indeed, it relates to using tripartite consultations to promote the application of international labour standards, as outlined in Convention No. 144. In line with the objectives of this international instrument, simply by belonging to the ILO, Member States are making a commitment to carrying out consultations with the social partners on matters of interest, and in this way promoting the adoption of effective measures on a national level.

The issues we are addressing today were already discussed in previous years before the same Committee in light of the previous Government’s failure to comply. The previous Government was ordered to take a series of measures, as requested by the employers’ organization in this country as well as by the International Organisation of Employers.

The allegation that has been made repeatedly refers to the absence of real social dialogue and consultations, especially with regard to the Higher Labour Council which has never been established legally and has not convened since 2013. The current Government must reactivate the CST, while respecting the autonomy of the most representative organizations, which should have the right to elect officials freely without interference from the Government.

The little action taken by the previous Government lacked the necessary transparency to foster trust among the social partners. What is more, it had the appearance of legality, as was the case with the unsuccessful attempt to influence the process for electing an employer representative in the Committee on Pension System Risks through the creation of non-existent entities.

It seems that the present Government cannot repeat this mistaken policy. In doing so, it would be showing a clear lack of regard for social dialogue, which would, again, undermine trust between the social partners.

In these circumstances, the ILO and this Committee cannot remain indifferent or they will contribute to a loss of confidence in the supervisory bodies. It would be a kind of discrimination by neglect, which could, in the future, negatively affect the social partners of other ILO member States.

In view of the above, we respectfully ask the Government of El Salvador to implement, without delay, the recommendation to guarantee the freedom and autonomy of the most representative employers’ and workers’ organizations in the appointment of officials to social dialogue fora, refraining from carrying out any acts of interference in that regard.

Worker member, Dominican Republic – We support the statement made by the Worker of El Salvador regarding the complaints made repeatedly over many years regarding violations of trade union and labour rights in this country. In this specific case, the State has been violating the Convention in question. Nevertheless, we would like to urge the Government of El Salvador to allow Salvadoran trade unions to decide for themselves who they wish to appoint as their representatives to the tripartite bodies as well as to establish the Higher Labour Council.

We trust that this new Government will put an end to the arbitrary acts committed by the previous Government at the expense of Salvadoran trade unions and will respect their autonomy, thereby paving the way for effective and productive social dialogue.

Lastly, we remind the Government of El Salvador that social dialogue has a crucial role to play in achieving the objectives of the ILO, including the objective to promote equality of opportunities between men and women and to secure productive, decent work in conditions of freedom, security and dignity.

Employer member, Panama – Tripartism is the foundation of this Organization. Disregarding it at the national and international levels is to disregard the essence of the International Labour Organization. For good reason, the Organization requires that the relevant stakeholders report on and implement the international Conventions in a way that takes into account the opinion and participation of both the workers and the employers.

When a country ratifies a Convention, it does so not to appear on a list or to receive applause. By contrast, ratification obliges a country to comply fully with the Convention and, if necessary, amend its legislation to ensure compliance. El Salvador ratified Convention No. 144. Therefore, each and every one of the parties, I repeat, each and every one of the parties, should be able to elect their tripartite representatives in a free, independent way. If one of the parties does not appoint a representative, or if one of the parties appoints a representative in the name of another party, the consultations are not tripartite consultations, but rather a dialogue with one’s self. This violates the foundation of this Organization and the spirit of the Convention.

The story of El Salvador’s non-compliance with the Convention has been repeated by many different speakers this afternoon and I do not want to repeat the same violations again. I would like to echo the intention set out by the representative of El Salvador who expressed the Government’s commitment to abiding by the law and complying with the Convention.

A country that wishes to develop, a country that wishes to grow, cannot rule out social dialogue or exclude some of the social partners from social dialogue, as this sets it up for discontent, criticism and protests. We most sincerely hope that the country complies with the Convention, amends the necessary laws with a view to ensuring the equal participation of the three sectors in social dialogue, and establishes the remaining mechanisms needed for tripartite consultations, including the National Minimum Wage Council. In the same way, we ask this supervisory body to fix a final deadline for the Government to fully comply with the Convention, which is a fundamental Convention for this Organization.

Government member, Argentina – My country supports the readiness of this Government to strengthen social dialogue as well as the initiatives that it will undertake within the context of the obligations outlined in this Convention. In particular, and in line with the statement made by GRULAC, we welcome the fact that the Government of El Salvador has assumed responsibility for finding tripartite solutions to pending issues. The statement by the Minister is proof of El Salvador’s commitment to the ILO supervisory system. We are certain that the actions undertaken by the new authorities, with the help of the International Labour Organization, will be beneficial for all social sectors in the country.

Employer member, Honduras – For yet another year and for the third year in a row, the case of El Salvador is again appearing before this Committee for violating Convention No. 144. The Government of El Salvador has made very little effort to ensure compliance with the recommendations and conclusions of the ILO supervisory bodies.

We hope that the new Government of El Salvador reviews the different observations, recommendations and conclusions issued by the supervisory bodies, recalling the importance of the Convention, a Convention about governance, which aims to achieve social justice, promote decent work and ensure sustainable growth for companies through social dialogue and tripartism among governments and representative organizations of the workers and employers. This is today even more important for strengthening social cohesion and rule of law.

It is important to remind the Government of El Salvador that effective tripartite consultation is more than just a mere exchange of information. It should consider the opinions of the most representative workers’ and employers’ organizations in decision-making processes. It should be an instrument seeking to develop public policies, while preserving the right of the Workers and Employers to accept or reject the final decisions or positions adopted by the Government and to pass on their opinions and comments directly to the ILO.

The actions of the Government of El Salvador are a serious violation of Convention No. 144. The disregard that the Government has shown for the National Association of Private Enterprise (ANEP), as the most representative organization, is particularly concerning as it violates Article 3 of the Convention by different means, including through the establishment of fake business organizations which are in no way independent. This is clear evidence of the absence of real social dialogue in El Salvador and of non-compliance with the Convention.

It is for the above reasons that we are gathered here for another year at the request of the employer representatives to discuss the case of El Salvador. It is the duty of the Committee on the Application of Standards to emphasize very clearly in its conclusions the vital need for the new Government of El Salvador to act in compliance with international labour standards and recognize ANEP as the most representative employers’ organization in El Salvador. It must also take the necessary measures to eliminate all violence against the employers of El Salvador.

Employer member, Argentina – We have listened carefully to the statement made by the Government of El Salvador in which it expressed its readiness to set up the Higher Labour Council of El Salvador as quickly as possible and we are hopeful in that regard.

The region has had many good experiences which shows how positive it has been for countries in similar situations to receive technical assistance from the ILO secretariat and its respective regional and country offices, as well as to work together alongside ILO teams with the aim of strengthening the capacities of the social partners. Such measures help to ensure compliance with the rules of social dialogue– which should not be followed under any form of duress – as well as to guarantee full respect for freedom of association and for the autonomy of workers and employers.

We hope that this opportunity is taken to work towards establishing the necessary conditions to guarantee compliance with Convention No. 144 and ensure that the legitimate employers’ organizations are duly represented in the different social dialogue bodies.

Employer member, Mexico – We regret that the Government has not recognized its lack of compliance with the Convention thus far. It is not possible to rectify a problem if it is not identified and accepted. We are not talking about something small, but about the violation of obligations that lie at the heart of this Organization, namely social dialogue and tripartite consultation. These obligations require the recognition of the social partners, that is, the most representative organizations of the employers and workers, and the rejection of any organization that is illegitimate or unrepresentative in which it is not possible to create real balance, reach the objectives of the Convention or hold effective consultations.

With those objectives in mind, the Government is asked to create an environment of trust, free of all interference in the internal affairs of the organizations, showing full respect for the rule of law. The Government, in its remarks, expressed its commitment to complying with its obligations, as a member State of this Organization. The Government should know that what we expect in this Committee and in this Organization is action, concrete facts which show that this well-intentioned commitment is becoming a reality. It could begin by setting up the tripartite bodies mentioned in the report of the Committee of Experts.

There is evidence of non-compliance by the Government, testimonies from the social sectors and proof that the tripartite bodies are not functioning properly or legitimately within the framework of tripartism. I draw attention to the fact that the Government did not manifest the intentions that it says it had. Thus far, it has not been unable to report convincingly to this Committee, let alone design a road map with deadlines and objectives that are clearly defined, measurable and verifiable. Using all the tools at the disposal of the Committee, it is important to make a forceful request to the Government, obliging it to rectify this unacceptable situation.

Government representative – Despite being in power for only a few days, we, the Government, recognize that the problem caused by previous governments is significant not only for the country but also for the world and the international community. The population of El Salvador demonstrated the greatest recognition of the problem when they voted for a change of government.

Today, we are making a firm, absolute and resounding commitment to reactivate the Higher Labour Council and allow El Salvador to hold free elections without interference from any other entity over another. These are historical legacies left by all sides.

We also make it categorically clear that all consultations will take place in a tripartite manner. Together with the cabinet and through the Ministry, I have decided that one of my first courses of action, as I have highlighted in many interviews, will be to remove from within the Legislative Assembly all legislative initiatives, including draft laws, which do not have tripartite consensus, until they have been discussed in a tripartite manner with all the parties concerned. This is a concrete decision that we are already executing as, just last week, we already discussed the matter in ongoing meetings with the National Association of Private Enterprise (ANEP) as well as with the workers and the trade unions.

I stress, I repeat, and I reaffirm that the commitment of the Government is in line with the needs of our country and addresses our country’s historical debt. Personally, in my capacity as Minister, my commitment is strong and consistent with what I have previously done. The ILO has taken a personal approach and an inherently trade union-based approach, and today, now that we have a new cabinet, we cannot act otherwise as it would not be coherent with our own trajectory.

Today, we would like to make it clear before each and every one of you, just as we did when we made this commitment and in my conversation with the Director-General of the ILO, Mr Guy Ryder, that technical assistance and cooperation from the ILO is both necessary and timely because, in addition to providing legal and technical support, it serves as a guardian in our efforts to meet our obligations.

In order to meet the objectives related to the true implementation of ILO standards, I strongly believe that it is important and essential for this Organization to monitor progress, as a means of ensuring fulfilment of the commitments that we are now making. It is a strong message from our Government that, despite being in a state of transition, we have set things aside to be present here, with me in my capacity as the appointed representative of El Salvador.

We would like to make it categorically clear today before this very prestigious Organization of a legal and international character that we will settle our historical debt not only for legal reasons but also because those who love a country must join together united arm in arm: employers, workers and the State. The State must assume the real role that it is here to play. It must not interfere in any of the sectors or in the affairs of any of the parties, but rather facilitate national consensus in order to push the country forward.

Worker members – I thank all those who have enriched our discussions with their observations and remarks. We also take note of the information presented by the Government. We call on the Government to ensure full compliance with the Convention. It is a high priority Convention which embodies the principle of tripartism, a principle fundamental to our Organization.

On behalf of the Worker’s group, I wish to emphasize two points in particular. First, the CST must be composed of members who are chosen freely by the organizations representing the workers and the employers. It is not the role of the Government to interfere in this process as doing so is a serious violation Convention No. 144. Second, we invite the Government to put in place an effective consultation process which allows all the organizations to express their point of view.

We note that a new president has assumed office in the country. We sincerely hope that a new dynamic will be set in motion. The challenges and the stakes are significant, and it is high time to tackle them. In order to help the Government in its work, we suggest that it accepts a contacts mission from the International Labour Organization.

Employer members – We welcome this discussion and thank the Government, the Workers and my Employer colleagues for their interventions. We take good note of the proactive attitude of the Government. We sincerely hope that the Minister and other officials from the Government of El Salvador take decisive action to turn the encouraging words that we have heard this afternoon into reality. We reiterate that the Government has a historical opportunity to change the course of events in El Salvador through the enhancement of social dialogue, which is not only the way to achieve good governance and lasting agreements, but also an end in itself, since it is one of the pillars of any democratic system.

We also trust that the representatives of the Government of El Salvador are now clear about the legitimate concerns raised by the Employers, which are very similar to those of the Workers. The concerns pertain to government interference in the election of representatives to the National Minimum Wage Council, the Salvadoran Institute of Professional Education, the Superintendency of the Electricity and Telecommunications Sectors and other tripartite bodies, as well as the failure of the Government to set up the Higher Labour Council. To change this situation, the Government had the opportunity to make legislative changes to the rules of the Higher Labour Council, but this did not happen. In addition, we are particularly concerned about the acts of intimidation and violence that have occurred against company directors and their organizations.

With that in mind, we hope that this Committee will once again request the Government of El Salvador to, urgently, and in consultation with the social partners, develop rules that ensure the proper functioning of the Higher Labour Council (CST) and to reactivate the CST through the appointment of its members, and to do the same in the country’s other tripartite bodies. Similarly, the Government should guarantee the physical integrity of the leaders of business organizations and the security of their facilities. We remind the Government that it could benefit from technical assistance from the secretariat. We also request that it reports to the Committee of Experts on the implementation of the above-mentioned conclusions before its 2019 meeting.

Conclusions of the Committee

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

Taking into account the Government’s submissions and the discussion, the Committee calls upon the Government to:

- refrain from interfering with the constitution of workers’ and employers’ organizations and to facilitate, in accordance with national law, the proper representation of legitimate employers’ and workers’ organizations by issuing appropriate credentials;

- develop, in consultation with the most representative employers’ and workers’ organizations, clear, objective, predictable and legally binding rules for the reactivation and full functioning of the Higher Labour Council;

- reactivate, without delay, the Higher Labour Council and other tripartite entities, respecting the autonomy of the most representative organizations of workers and employers and through social dialogue in order to ensure its full functioning without any interference; and

- continue to avail itself without delay of ILO technical assistance.

The Committee requests the Government to elaborate in consultation with the most representative employers’ and workers’ organizations and submit a detailed report to the Committee of Experts before its next session in November 2019 on the application of the Convention in law and practice.

The Committee urges the Government to accept a direct contacts mission of the ILO before the 109th session of the International Labour Conference.

Government representative – I give thanks to the Chairperson of the Committee on the Application of Standards, our friends from GRULAC and the European Union for the full support offered to our country, and particularly for the message of faith and confidence in the new Government, as all these denunciations and reports correspond to a previous Government, and not to ours as from 1 June.

We have taken the decision with the President of the Republic, in my capacity as Minister, that all today’s conclusions form part of a list of priorities for our Government. In the presence here of Workers and Employers, this further commitment, from the limited viewpoint of our country, is a commitment that we are assuming before the world and each and every one of you at this time. This is in accordance with the spirit and the conclusions of our bilateral meetings, for which we give direct thanks to the Director-General, Guy Ryder, who received us. We also met Dr Kalula and various ILO bodies, in which we indicated and maintained our first intervention in plenary, indicating our willingness as a Government to fully resolve all the conclusions.

We feel totally satisfied with the conclusions reached by the Committee on the Application of Standards, as this means that they not only correspond to a new vision by our Government, but also that the technical assistance and direct contacts mission guarantee us not only collaboration and technical support, but also the guarantee of the supervision and verification of compliance with all the conclusions, which we totally welcome as the Government.

Finally, we wish to indicate, in the presence of the whole world, that we are not and will not dwell on assessments of past practices, but will adopt a positive approach, from now on, to build more democratic pillars and the cement that is required by a country such as ours.

We are fully convinced that the tripartite approach is the one that will ensure that we take in hand and lead our country forward. Moreover, Chairperson, we undertake to build all the institutions that are required at any particular time for tripartite consensus, including with other actors, in order to take forward the national agenda and also ensure the minimization of bureaucratic obstacles, as indicated in the present forum, so that we can address clearly many of our problems in full collaboration in El Salvador.

We reiterate our gratitude to GRULAC, the European Union and the countries which individually expressed total support for us and confidence. We wish to tell them that we will not fail.