Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee recalls that in its previous comments it asked whether any census or other measurement of the indigenous population had been carried out. It would be grateful for information in this regard.

2. Article 2. The Committee notes the indications in the report of efforts to recognize and to respect the indigenous populations and to foster their linguistic and cultural characteristics. In this respect, the Committee also notes the adoption of the Special Law for the Protection of the Cultural Heritage of El Salvador on 27 April 1993. Please provide a copy of the legislation (which was not attached to the report), as well as more detailed information on the application of this law to the indigenous populations. Please indicate whether the regulations adopted under this law, to which the Government refers in its report, have now been adopted, and communicate a copy of them.

3. Article 5. The Committee notes that the Government has again referred in its report to several indigenous organizations which work to assist indigenous communities. It would be grateful if the Government would indicate, as previously requested, 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. The Committee recalls its previous request for information concerning the development plans and programmes under way in areas of the country inhabited by indigenous populations, noting 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. In the absence of a reply to its previous comments, it hopes that account will be taken of the special characteristics of these groups in preparing development plans and programmes for their areas, and requests the Government to indicate how this is being done.

5. In this connection, the Committee notes from other sources the commencement of a programme to expand and rebuild the road network throughout the country which is being financed by international financial institutions, including the Inter-American Development Bank (IDB). The Committee also notes another project of the IDB Fund for Special Operations which provides assistance to small-scale coffee growers. Please indicate the effects of these programmes on the indigenous populations, including the modalities for their participation.

6. Articles 11 to 14. The Committee notes the explanations received concerning initiatives to divide large landholdings, but it is not clear how traditional communal ownership by indigenous communities is affected, and how their interests are being taken into account. Please provide information in the next report on whether indigenous communal lands have been divided. This is particularly important as indigenous communities return to their homes after having been displaced in the civil unrest which has affected the country.

7. The Committee also notes that the Government has again referred to the recent adoption of legislation concerning, inter alia, rural credit schemes and low cost housing. As previously requested, 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.

8. Article 23. The Committee notes the information provided concerning 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.