European Union Statement 

112th International Labour Conference

Committee on Application of Standards

El Salvador

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

Geneva, 10 June 2024

Chair,

I have the honour to speak on behalf of the European Union and its Member States.

The candidate countries North Macedonia*, Albania* and Montenegro*, and the EFTA country Norway, member of the European Economic Area, align themselves with this statement.

1. The EU and its Member States are committed to the respect, protection, and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.
2. The EU and its Member States stand with the people of El Salvador and are committed to strengthening our political and trade ties, as well as our important cooperation portfolio. The EU-Central America Association Agreement provides a framework for further developing our partnership, including through cooperation on trade, sustainable development and the effective implementation, in law and practice, of the fundamental ILO Conventions. Furthermore, we have established a Memorandum of Understanding on Bilateral Consultations, which will allow for intensified bilateral engagement and dialogue with El Salvador.
3. We note with concern the allegations brought forward by the National Business Association (ANEP), concerning the defamation and intimidation of the organization and of its President. Despite the requests of the Committee on Freedom of Association and the Committee on the Application of Standards, which have already examined this issue in 2022 and 2023, continued interference by the Government with the organization is reported by the International Organisation of Employers in its submission from November 2022. We understand that open public hostilities against ANEP have ceased over the last year, nevertheless interference in the autonomy of the organisation continues. The previous acts of intimidation seem to have effectively diminished the role of ANEP. We also note that no employers’ representative has been accredited as part of the delegation of El Salvador. We request the Government to indicate which measures it has taken to re-establish an open dialogue with ANEP and to stop interfering in its activities.
4. Regrettably, we note the lack of tangible progress in the investigation of the murder of trade union leader Victoriano Abel Vega, and the lack of information on progress in the investigation into the murder of Weder Arturo Meléndez Ramírez, despite the continued requests of the Committee on Freedom of Association. We call on the Government to deploy all necessary efforts to identify the instigators and the perpetrators and conclude the investigation. In this regard, we note the Government’s proposal to reform the Criminal Code, with a view to improving the protection of freedom of association for trade union leaders and members. We echo the call of the Committee of Experts to provide information on the progress achieved on this matter.  
5. We call on the Government to make meaningful progress on long-pending legislative reforms in order to amend several legislative and constitutional provisions, in consultation with social partners, on all matters referred to by the Committee of Experts to abolish restrictions to freedom of association and the right to organise.
6. The Government indicates that several of the proposed constitutional and legislative reforms are under examination by the Legislative Assembly. The Government mentions the establishment of a Trade Union Office, which has facilitated the issuing of trade union credentials and registrations. We however echo the Committee’s call to stop the delayed issuing of credentials for workers’ and employers’ organizations, including ANEP. We furthermore encourage the Government to simplify the requirements for the registration of unions and as regards the prison sector to ensure the full recognition of the right to organise of workers. We note and welcome the commitment of the Government to undertake these reforms and its intention to continue engaging in dialogue with social partners.
7. The EU and its Member States remain committed to a joint constructive engagement with El Salvador, with the aim to strengthen the Government’s capacity to address the issues raised in the Committee of Experts’ report.  

Thank you, Chair.

*North Macedonia, Montenegro and Albania continue to be part of the Stabilisation and Association Process.