Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Articles 11 to 14 of the Convention. Land rights. The Committee recalls that in its previous comments it requested the Government to take the necessary measures to recognize and promote the rights of the indigenous populations with regard to lands traditionally occupied by them and to provide information on the state of the proceedings instituted by the indigenous populations of Panchimalco and Izalco. The Committee notes the Government’s indication that the Programme for Landless Rural Inhabitants (CST) undertaken by the Salvadorian Institute for Agrarian Reform (ISTA) has benefited approximately 290 members of four indigenous associations. The Government also refers to the “Policy for Indigenous Peoples” and the “Social reform for the identity and rights of indigenous peoples”, set out in the Government Plan 2009–14. With regard to the proceedings instituted by the indigenous populations of Panchimalco and Izalco concerning the pollution and sale of their lands, the Committee notes that, with regard to the sale of the lands, the last decision issued on 22 October 2009 referred to a hearing between the Public Prosecutor and the Director of the National Fund for People’s Housing (FONAVIPRO) in the context of a process of mediation initiated earlier. With regard to the pollution of the lands, the Committee notes the reference by the Government to a decision of the Office of the Human Rights Ombudsman, which ordered a review of the consultation processes undertaken going back to 2006. In this respect, the Committee notes the concluding observations of the United Nations Human Rights Committee and the United Nations Committee on the Elimination of Racial Discrimination (CERD) in which they express concern that indigenous peoples are still unable to fully enjoy their economic, social and cultural rights, in particular regarding land ownership and access to drinking water (CCPR/C/SLV/CO/6, of 18 November 2010, and CERD/C/SLV/CO/14-15, of 14 September 2010). The Committee recalls that Article 11 of the Convention establishes the obligation to recognize the right of ownership, collective or individual, of the members of the populations concerned over the lands which they traditionally occupy. The Committee, therefore, once again urges the Government to take practical steps for the recognition and promotion of the rights of indigenous populations with regard to lands traditionally occupied by them in order to bring an end to their current situation of vulnerability. The Committee also requests the Government to take steps with a view to giving effect to the measures requested by the Office of the Human Rights Ombudsman in the context of the proceedings instituted by the indigenous populations in Panchimalco and Izalco concerning the pollution and sale of their lands. The Committee finally requests the Government to provide information on the content and impact in practice of the “Policy for Indigenous Peoples”, the “Social reform of the identity and rights of indigenous peoples” and the Programme for Landless Rural Inhabitants (CST), and on the Government Plan 2009–14, which refers to indigenous peoples.

The Committee once again encourages the Government to consider the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in accordance with its general observation of 1992, and requests it to continue to keep it informed of any progress in this respect.

The Committee is raising other points in a request addressed directly to the Government.