Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the information contained in the Government’s reports supplied in 1998 and 2000.

1.  Article 1 of the Convention.  The Committee notes that according to the population and housing census carried out in 1992, it is estimated that between 7 and 10 per cent of the population (approximately 539,000 people) are indigenous people. The Committee also notes that the indigenous communities live chiefly in the surroundings of the departments of Ahuachapán, Sonsonate, La Paz, San Vicente and Morazán.

2.  The Committee notes with interest that the Government’s current plan provides for a study which will serve as the basis for development of governmental policy in favour of indigenous peoples for the purpose of providing a national development plan for them. The Committee requests the Government to keep it informed on any progress in this respect and to send a copy of the policy and the national development plan for indigenous peoples as soon as they have been drawn up.

3.  Article 2.  The Committee notes the Special Law for the Protection of the Cultural Heritage of El Salvador and its implementing regulation. It notes that, under section 3 of the Law, the Náhuat language and other indigenous languages, along with traditions and customs, are considered as cultural heritage. It also notes the provision of section 44 which forbids the change of indigenous place names. It requests the Government to attach to its next report information on any measures taken or envisaged for conserving indigenous languages and the traditions and customs of indigenous peoples by virtue of this Law and its implementing regulation.

4.  The Committee notes the information supplied by the Government on the activities carried out in relation to health. In this respect, the Committee would be grateful if the Government would send it a copy with its next report of the study on "Indigenous peoples, health and living conditions in El Salvador" as well as other relevant studies carried out prior to the date on which the next report is due. It also requests the Government to supply more information on the health projects which are being instituted in regard to quality of water and extension of cover of public health services within indigenous communities.

5.  Article 5.  The Committee notes that the Office of Indigenous Affairs maintains contact with the indigenous organizations in the country, and also the holding of the Second Indigenous Central American Days on the Earth, the Environment and Culture (26 July to 1 August 1999) and the Day on the Rights of Indigenous Peoples of El Salvador held by the National Council for Culture and Art (CONCULTURA). The Government also indicates that the indigenous organizations of El Salvador are completing systematic studies of international agreements (such as Convention No. 169) with the support of the Indigenous Fund and the Office of the United Nations High Commissioner for Human Rights. The Committee requests the Government to send copies of these studies with its next report and reminds the Government that it can obtain assistance from the International Labour Office to carry out these studies.

6.  The Government indicates that CONCULTURA has conducted indigenous seminars and meetings at which Convention No. 107 has been analysed and in which certain indigenous organizations have taken part. The Committee requests the Government to supply specific information on the nature and content of these seminars and meetings and on the number of seminars and where they were held. Please indicate whether proposals were made at these seminars and meetings to improve the situation of the indigenous peoples and the measures taken as a result of such proposals.

7.  In the absence of a reply from the Government, the Committee requests once again information on the impact on the indigenous communities of the programmes financed by the Inter-American Development Bank (IDB), one to expand and rebuild the national road network and the other to assist small-scale coffee growers.

8.  Articles 11 to 14.  In its previous comments, the Committee noted that large landholdings (over 245 hectares) were being divided into smaller plots and transferred to peasants and rural workers. In this respect, the Committee asks once again for information on the number of indigenous communities which have benefited from this initiative. It also requests more information on the special land fund mentioned in the report, including the mechanisms for its application to indigenous communities.

9.  The Committee once again requests information on the number of indigenous cooperative societies that have participated in the rural credit schemes and agricultural production assistance available for micro-enterprises and small-scale producers. It also requests once again information on the practical impact on indigenous communities of the special regime relating to the possession of land belonging to the communal rural cooperatives and any beneficiaries under the agrarian reform legislation.

10.  The Committee repeats its previous request for information on any progress made in respect of the draft reform of the Agrarian Code and on any measures taken or envisaged to include representatives of the indigenous communities in the consultation process.

11.  The Committee notes the reference in the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD, A/50/18, paragraphs 460-498, of 22 September 1995) to the establishment of the Office of the Procurator for the Protection of Human Rights, the Presidential Commissioner for Human Rights, the Department of Human Rights within the Supreme Court of Justice and the Commission on Justice and Human Rights under the Legislative Assembly.

The Committee requests the Government to supply information on the activities of these institutions in respect of indigenous populations.

12.  Article 23.  The Committee notes the information supplied concerning measures taken to preserve indigenous languages, including the publication in 1997 of the Pipil alphabet and two dictionaries, one in Náhuat and the other in the Cacaopera language. The Committee would be grateful if the Government would keep it informed of any initiatives in this regard.