Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 2 of the Convention. Development. In reply to its previous comments, the Government indicates that one of the main outcomes of the Congress on Indigenous Peoples held in 2010 was the establishment of the Multi sectoral Round-table for Indigenous Peoples, in which various State bodies and indigenous organizations participate at the initiative of the National Directorate of Indigenous Peoples and Cultural Diversity (DNPI), under the authority of the Secretariat for Culture. Among the activities of the DNPI, the Government emphasizes the preparation in 2013 of the Mapping of Indigenous Organizations. The Committee observes that, in the report on the work of the DNPI in 2013, the joint preparation is envisaged of a basic document for a Public Policy for Indigenous Peoples. The Committee requests the Government to continue providing information on the measures adopted in the framework of the Public Policy for Indigenous Peoples, and on the action taken for the preparation of a national development plan intended to promote the social, economic and cultural development of indigenous populations. The Committee also invites the Government to provide information on the measures and programmes adopted with a view to increasing the participation of indigenous women in policies and programmes intended for indigenous populations.

Article 4. Protection of the cultural heritage. The Committee notes the information provided by the Government concerning the submission to the National Assembly of a Bill on culture and art in El Salvador. The Committee also notes that, within the framework of the project “Cultural Corridor of the Central American Caribbean”, El Salvador has focused action on the promotion of the crafts and dance forms of indigenous peoples. The Committee requests the Government to provide information on the measures adopted for the protection of the cultural heritage of indigenous populations, and their impact on the development and reinforcement of their cultural heritage.

Articles 11 to 14. Lands. The Committee notes the detailed information provided by the Government concerning the complaint lodged with the Office of the Human Rights Ombudsman (PDDH) by the “Plan los Muchos” Cooperative Association of Agricultural Production for Community Development. The Government indicates that, up to now, the community concerned has not been relocated and that the mediation process has not been completed. The Committee also notes the information provided concerning the complaint lodged by the inhabitants of the canton Planes de Renderos, in the municipality of Panchimalco (department of San Salvador) for the environmental damage caused by the construction in a protected area of 287 popular housing units, in the context of the housing project “Quintas Doradas”. The Committee notes that the Salvadorian Institute for Agrarian Transformation (ISTA) has identified among its beneficiaries 307 persons belonging to indigenous organizations. The Government adds that, although there is no special programme of land transfer for the indigenous population, this is intrinsically included in agrarian legislation. The Committee hopes that the Government will provide information on the manner in which the disputes referred to above have been resolved. The Committee requests the Government to continue providing information on processes and programmes for the granting of lands, their impact on indigenous populations and the percentage of the members of those populations who have benefited from such measures.

Agrarian Code. The Government indicates that the preliminary draft of the Agrarian Code is one of the priorities on the agenda of the Agricultural Commission of the Legislative Assembly. The reform process will include the views expressed by organizations of indigenous peoples and by rural women. The Committee requests the Government to continue providing information on any developments in this respect. It also invites the Government to provide information on the manner in which the participation of indigenous representatives is ensured in this process, within the framework of the collaboration referred to in Article 5(a).

Rural technical advisory services. The Committee notes the information provided by the Government concerning rural development and modernization projects implemented by the Ministry of Agriculture and Livestock (MAG), which have benefited indigenous producers through training and technical assistance. The Government considers that populations of indigenous origin (the Nahua-Pipil, Lenca and Cacaopera) are present in 63 of the 262 municipalities in the country, for which reason it is planned that the project will reinforce capacities for participation, management and decision-making, and the incorporation of technological improvements for sustainable production. Moreover, measures were taken for the inclusion of 94 indigenous producers in the provision of agricultural inputs. The Committee requests the Government to continue providing information on the development of these programmes and their impact on indigenous populations (Article 14(b)).