VZCZCXYZ0005
PP RUEHWEB

DE RUEHSN #2443 3601930
ZNR UUUUU ZZH
P 261930Z DEC 07
FM AMEMBASSY SAN SALVADOR
TO RUEHC/SECSTATE WASHDC PRIORITY 8763
INFO RUEHXQ/ALL EUROPEAN UNION POST  PRIORITY
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHC/DEPT OF LABOR WASHINGTON DC PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY

UNCLAS SAN SALVADOR 002443 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR DRL, USDOL FOR ILAB 
 
E.O. 12958: N/A 
TAGS: ELAB PGOV ES
SUBJECT: SALVADORAN SUPREME COURT RULES ILO 87 
UNCONSTITUTIONAL 
 
 
 ¶1.  (U)  Summary.  On October 29, the Salvadoran Supreme 
Court ruled ILO Convention 87, ratified by the Salvadoran 
Legislative Assembly in August 2006, unconstitutional.  The 
ruling places in doubt the status of public sector unions and 
presents another obstacle in the free trade agreement 
negotiations between El Salvador and the European Union.  End 
Summary. 
 
¶2.  (U)  On October 29, the Salvadoran Supreme Court ruled 
that ILO Convention 87, which establishes the freedom of 
association and protects the rights of workers and employers 
to organize, was unconstitutional.  The Salvadoran 
Legislative Assembly, under pressure from the European Union, 
ratified the convention on August 26, 2006, as a step toward 
negotiating a Central America-European Union Free Trade 
Agreement (FTA). 
 
¶3.  (U)  The Supreme Court ruled that Convention 87 extends 
the right to organize to public officers, which is prohibited 
under the Salvadoran Constitution.  They ruled that the right 
to organize may only be extended to private employees and 
employees that work for autonomous institutions.  In reality, 
Salvadoran public sector unions operated under the label of 
"associations" prior to ratification of the convention. 
Following the ruling, the Minister of Labor announced that 
the Ministry would no longer authorize legal status for 
public sector unions. 
 
¶4.  (U)  Comment:  Several ARENA officials have publicly 
expressed their concern about the ruling and its potential 
effects on European trade.  The legal advisor to the 
president has said that the government will begin the process 
to amend the constitution; however there is unlikely to be 
support for the changes from the business community.  In 2006 
the National Association of Private Enterprise (ANEP) sent a 
letter to President Saca asking that he not approve the 
ratification.  The ruling could also complicate negotiations 
on a Central American-European Union FTA, where the Central 
American countries have already encountered difficulties 
negotiating as a block.  End Comment. 
Glazer