111th International Labour Conference - Committee on Application of Standards - El Salvador - EU Statement

European Union

Statement

International Labour Conference

111^th session

 Geneva, 5-16 June 2023

________

Committee on Application of Standards



El Salvador

Tripartite Consultation (International Labour Standards) Convention, 1976 (No.

144)

________

Geneva, 13 June 2023

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Chair,

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

The Candidate Countries Bosnia and Herzegovina*, the Republic of North Macedonia*, Moldova, Montenegro*, 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 promotion, protection, respect and fulfilment of human rights, including labour rights.
2. We actively promote the universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role to develop, promote and supervise the effective implementation of ratified international labour standards and of fundamental Conventions in particular.
3. We firmly believe that compliance with ILO Conventions is essential for social and economic stability and that an environment conducive to dialogue, consultation and trust between employers, workers and governments is the basis for solid and sustainable growth and inclusive societies.
4. The EU and its Member States stand with the people of El Salvador and we are committed to strengthening our cooperation through political and trade ties as well as our important cooperation portfolio. The EU-Central America Political Dialogue and Cooperation Agreement (PDCA) and the provisional application of the trade pillar of the EU-Central America Association Agreement provide 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 are currently discussing the establishment of a Memorandum of Understanding on Bilateral Consultations that will allow for intensifying our bilateral engagement and dialogue with El Salvador.
5. Last year, the EU welcomed the steps taken by the Government towards compliance with Convention No. 144 including the reestablishment of the Higher Labour Council (Consejo Superior de Trabajo - CST) for the biennium 2021-2023 and the creation of a tripartite technical commission to operationalise the CST agenda. However, we take note with concern of ITUC and IOE’s observations regarding the complexity of the current administrative process for designating employers’ and workers' representatives, the numbers of empty seats on the body hindering the representativeness of the CST, the legal obstacles and complex process of appointment and  the inactivity of the Council itself.
6. We are deeply concerned by the human rights’ situation in the country, not least by the new allegations of acts of interference and harassment against and marginalization of activities of employers’ and workers’ organizations, including on social networks. We regret that 23 decrees adopted in 2021 prevent employers’ organisations from electing their representatives in 23 tripartite and joint bodies and we call on the Government to repeal them. The obligation on trade unions to request renewal of their legal status every 12 months should also be repealed.
7. We sadly take note of the steps backwards that have been taken with regard to the expectations of past years, namely that the social dialogue and tripartite consultations would become fully functional in the country. We note that the case has been already discussed in the last five sessions of the Committee on the Application of Standards, including as a serious case in 2017.
8. We urge the Government to take the necessary measures to ensure the effective and immediate operation of the CST and other tripartite entities,  respecting the independence of the social partners, including  in  the appointment of their representatives.
9. We reiterate the Committee Experts’ call urging the Government to fully respect the autonomy of the employers’ and workers’ organisations, both in law and in practice. We call the Government to implement essential measures to ensure without delay the repeal of any legal provisions that allow for any interference in the autonomy of these organisations, in conformity with the instruments ratified by the country. This also includes that the Government takes the necessary measures to guarantee the prompt delivery of credentials for all organisations.
10. We echo the Committee’s urgent call for the Government to provide detailed and updated information on the content and outcome of tripartite consultations, including within the CST. We expect that the Government complies with these reporting obligations.
11. We recall the importance of ILO technical assistance in facilitating compliance with all ratified ILO Conventions and the promotion of tripartism. We also emphasise that the extent and content of such assistance should be defined through social dialogue, for example within the framework of the CST.  
12. We expect to see progress in achieving full and sustained compliance with the Convention as soon as possible, given the long-standing issues and the crucial importance of a well-functioning social dialogue. In this regard, we recall that the Government should elaborate, in a tripartite manner, a road map to implement, without delay, the recommendations formulated by the ILO High-level tripartite mission, as requested by this Committee last year.
13. 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.

[*Bosnia and Herzegovina, the Republic of North Macedonia and Montenegro continue to be part of the Stabilisation and Association Process.]