Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes that the Government’s report has not been received. The Committee hopes that a report will be sent for examination at its next meeting and that this report will contain detailed information on the points raised in its comments in 2011, which read as follows:

Repetition

Article 2 of the Convention. Development. In its previous comments, the Committee requested the Government to make efforts with a view to initiating rapidly the formulation, in collaboration with indigenous populations, of a national development plan to promote the social, economic and cultural development of these populations. In this respect, the Committee notes the Government’s indication that the Secretariat for Social Inclusion (SIS) established the Directorate for Indigenous Peoples in July 2010, the principal functions of which include promoting the culture, values and inclusion of indigenous peoples in the national agenda; generating and supporting projects to promote the traditions and customs of indigenous peoples; promoting the participation and coordination between the various areas and public institutions with a view to disseminating knowledge of indigenous subjects. The Government adds that the measures adopted by the Directorate for Indigenous Peoples include: the signature in July 2010 of the “Memorandum of Understanding to guarantee and restore the right to the identity of the Salvadorian Indigenous Population, contribute to the eradication of discrimination against these peoples and reaffirm the multi-ethnic and pluricultural character of Salvadorian society”; and the preparation of a National Indigenous Congress on 12 October 2010 with a view to developing a joint agenda on indigenous peoples through dialogue and consensus with indigenous organizations. The Committee requests the Government to provide information on the impact in practice of these measures and the conclusions of the Congress on Indigenous Peoples, as well as on any other measure adopted with a view to the formulation of a national development plan intended to promote the social, economic and cultural development of indigenous populations.

In its previous comments, the Committee also requested the Government to provide further information on the “Comprehensive Programme for Women” and on the percentage of women benefiting from it, as well as on the manner in which it is envisaged to reflect the principle of the participation of indigenous women in policies and programmes for indigenous populations, and the results of the participatory analyses referred to by the Government in its previous report. In this respect, the Committee notes the Government’s indication according to which, between 2005 and 2009, various analyses were undertaken with indigenous women to identify the needs and living conditions of women. On the basis of these assessments, a strategic plan was formulated with their participation. In turn, the Salvadorian Institute for Women’s Development (ISDEMU) prepared a workplan in the context of which productive projects were implemented which benefited 1,773 families of indigenous origin belonging to indigenous associations in the various regions. Literacy and training programmes for indigenous women on gender theory and human rights were also organized. The ISDEMU has also promoted the participation of women on the boards of the associations which represent them and has concluded an agreement with the Secretariat of Culture of the Office of the President for the promotion of a cultural policy which emphasizes the comprehensive development of women and the eradication of discriminatory stereotypes. The Committee requests the Government to continue providing information on the measures and programmes adopted with a view to increasing the participation of indigenous women in the policies and programmes intended for indigenous populations and their impact in practice.

Article 4. Protection of cultural heritage. With regard to the measures adopted by the Government to protect and revitalize the cultural heritage of indigenous populations, the Committee notes the Government’s indication concerning the establishment of the Secretariat for Culture in June 2009, which replaces the National Council for Culture and Art and is responsible for ensuring the conservation and dissemination of the cultural heritage of the country. The Government also refers to the exchange grant awarded in 2010 by the United States Institute for Indigenous Student Leaders to three young indigenous persons with a view to training them for the future recovery of the Poton and Cacaopera languages in their communities. It adds that the Government Plan 2009–14 will promote a policy of cultural development with a view to strengthening cultural identity. The Committee requests the Government to provide information on the specific measures adopted in the context of the Cultural Development Policy and their impact on the development and strengthening of the cultural heritage of indigenous populations.

With reference to the impact on indigenous populations of the projects financed by the Inter-American Development Bank (IDB) for the rehabilitation and reconstruction of the road network, the Committee notes the Government’s reference to the reduction of dust and its harmful effects on health, the increase in employment opportunities, commerce and tourism and greater facility in the transport of passengers and goods, which contributes to the reactivation of the agricultural sector and raising the living standards of indigenous populations. The Committee requests the Government to continue providing information on this type of project and their effects on indigenous populations who inhabit the areas affected by them.

Articles 11 to 14. 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.

Articles 11 to 14. Programmes for the transfer of lands. The Government indicated that there are still lands that are in the process of being transferred and it referred to new initiatives implemented by the ISTA, namely the Rural Solidarity Programme and the New Options Programme. The Committee requests the Government to continue providing information on the procedures and programmes for the transfer of lands, their impact on indigenous populations and the percentage of the members of these populations who have benefited.

In relation to the support programmes for indigenous communities implemented by the Ministry of Agriculture, the Committee notes the Government’s indication that the Reconstruction and Rural Modernization Programme (PREMODER/IFAD) financed by the International Fund for Agricultural Development (IFAD) covers 66 municipal areas in which the population is mainly of indigenous origin. In the context of this Programme, the following activities have been undertaken: (1) support for the Association to Coordinate the Indigenous Communities of El Salvador (ACCIES), the objective of which is the production and commercialization of low irrigation market gardens, which has supported 37 producers; (2) support for the Agricultural and Stockbreeding Cooperative Association “Auxilio de los Pobres” (ACOOPAP), the objective of which is to extend and increase the technical level of batteries of laying hens, which have benefited 38 producers; and support for the El Salto Communal Development Association (ADESCOES) with the objective of installing irrigation systems, which has benefited 28 families. The Government also refers to the project “Integrated Management of Ecosystems in Indigenous Communities” (MIE/BID/BM), which is at the preparation phase. The Committee requests the Government to continue providing information on the development of these programmes and their impact on indigenous populations.

Agrarian Code. The Committee notes the Government’s indication that the preliminary draft of the Agrarian Code has been submitted to the Legislative Assembly and will be examined by the Economy and Agriculture Commission of the Legislative Assembly. The Committee requests the Government to continue providing information on any developments in this respect. The Committee also asks the Government to ensure the participation of indigenous representatives in this process, in the context of the collaboration referred to in Article 5(a), and to provide information on the manner in which this participation is achieved.

Part III of the report form. With regard to the activities undertaken by the Standing Committee on Indigenous Peoples, the Committee notes the Government’s indications that: (1) in 2006, a proposal was made for the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which has been included in the Government Plan 2009–14; (2) in 2008, the results were challenged of the IVth Population Census and the Vth Census of Housing, which found a lower percentage of the indigenous population than really exists, which was the subject of many amparo (protection of constitutional rights) procedures, which were declared inadmissible by the Supreme Court. For this reason, the Office of the Human Rights Ombudsman filed an administrative complaint against the Ministry of the Economy and the Supreme Court of Justice, for which the verdict is still pending; and (3) efforts are being made to achieve greater participation by indigenous populations in indigenous and social activities, including access to public office. The Committee encourages the Government once again to consider the possibility of ratifying Convention No. 169. The Committee requests the Government to continue providing information on the activities undertaken by the Standing Committee on Indigenous Peoples. The Committee also requests the Government to provide information on the composition of the Standing Committee and the manner in which the participation of indigenous peoples is ensured.