Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - El Salvador (Ratification: 1958)

1. The Committee notes the information provided in reply to its previous direct request, and hopes that the Government will provide further indications in its next report on the following matters:

2. Article 1 of the Convention. The Committee notes from the report that the Government considers that some 2 per cent of the national population is indigenous. It also notes, however, that other information would suggest that in the rural areas of the country in particular the proportion of those considering themselves to be indigenous is much higher. Please indicate whether, in the absence of any legislative definition of who is considered to be indigenous, any official determination of this has been made, for instance in the context of the national census or for other purposes;

3. Article 5. The Committee notes from the report that the Government has approved the statutes of several indigenous organizations which work to assist indigenous communities. It would be grateful if the Government would indicate whether it has consulted any of them, or other representatives of the indigenous communities in the country, in its actions to apply the present Convention and to report on its application;

4. Article 6. Please provide information concerning the development plans and programmes under way in areas of the country inhabited by indigenous populations. The Committee notes in this connection that many thousands of people who had been displaced from their homes because of civil war during recent years, are now returning to their communities after the conclusion of the peace agreement in the country. It notes that these are largely composed of indigenous populations in several areas of the country. It hopes that account will be taken of their special characteristics in preparing development plans and programmes in their areas, and requests the Government to indicate how it is doing this;

5. Articles 11 to 14. The Committee notes the recent creation of an Agrarian Commission responsible for dealing with land claims. The Committee requests the Government to indicate in its next report how account is being taken of the rights of the indigenous populations, and in particular of their traditional land rights and land-holding patterns as they return to their homes. This is particularly important as indigenous communities return to their homes after having been displaced (see under Article 6);

6. The Committee also notes from the report the recent adoption of legislation concerning, inter alia, rural credit schemes and low-cost housing. Please indicate how these schemes have been applied to indigenous communities, and how account is taken of their specific needs and characteristics in applying this legislation;

7. Article 23. The Committee notes that the Government has indicated that the Ministry of Education has been carrying out the Recovery Project for the Nahuat Language, by which the Nahuat language and culture are taught in primary schools and other institutions in areas inhabited largely by indigenous populations. Please provide further information on this project in the next report, indicating in particular whether the coverage of the project has been extended, and whether similar projects have been instituted for other cultural and linguistic groups.