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

CMNT_TITLE

Articles 2, 5 and 6 of the Convention. Coordinated and systematic development programmes. Collaboration and participation. In its previous comments, the Committee noted the establishment of the Multi sectoral Round table for Indigenous Peoples as a body for dialogue and for the development of political and cooperation programmes, composed of representatives of indigenous organizations and state bodies. It also noted the preparation of a basic document for a Public Policy for Indigenous Peoples and requested information on measures adopted within that framework. The Government indicates in its report that through the Multi sectoral Round-table, greater coordination has been achieved between the Government and the indigenous peoples in so far as that various ministries have initiated education and health programmes that respond to the demands of those peoples. The Government also refers to the adoption of the Five-year Development Plan (2014–19), which includes indigenous peoples in the priority groups targeted by different governmental actions. Target 8.7 of the Five year Plan addresses the promotion of indigenous peoples’ rights, including the salvaging and revival of indigenous culture, and the elimination of all forms of discrimination against those peoples. Additionally, the Committee notes the adoption of the El Salvador Forest Policy (2016–36), the outcome of a national consultation process in which leaders of civil society organizations, indigenous peoples, universities and government bodies, among others, participated. The objective of the Forest Policy is to promote sustainable forest management with one of its strategic axes focused on increasing communities’ participation in activities for the monitoring and protection of forests.

The Committee notes that, according to the information on the President’s website, on 14 November 2018, the Public Policy for Indigenous Peoples was launched, establishing guiding principles for public management that benefits such peoples. The policy has five strategic axes: social development, economic development, cultural development, environmental sustainability and governmental management.

The Committee welcomes the adoption of the Public Policy for Indigenous Peoples and requests the Government to forward a copy, as well as to provide information on the measures adopted, in cooperation with the indigenous peoples, to implement the five strategic axes of the policy. It also requests the Government to indicate the measures adopted under the Five-year Development Plan (2014–19) which relate to the promotion of indigenous peoples’ rights. The Committee requests the Government to indicate how the measures adopted have helped to improve the conditions of life and work, and the level of education, of the peoples in question. The Committee also requests the Government to provide information on the way in which the indigenous communities participate in the implementation of the Forest Policy (2016–36).

Article 6. Improvement of the conditions of life and work. Indigenous women. The Committee notes the information provided by the Government according to which, in April 2018, the Ministry of Agriculture and Livestock presented the comprehensive policy for rural, indigenous and campesina women, and formed a policy steering group to guide and oversee progress in its development. This group is composed of various campesina and indigenous women’s groups, governmental entities and international cooperation bodies. The Government indicates that the objective of the policy is to transform rural development policies into instruments that guarantee the rights and autonomy of rural, indigenous and campesina women, in line with the Sustainable Development Goals. The Salvadoran Institute for the Advancement of Women is also developing activities, in coordination with the Salvadoran National Indigenous Coordinating Council, to organize indigenous women’s participation in the implementation of the policies affecting indigenous peoples, as well as the promotion and protection of their rights. The Committee requests the Government to continue providing information on the measures adopted within the framework of the comprehensive policy for rural, indigenous and campesina women, as well as the measures taken at municipal level to guarantee effective protection in terms of hiring and employment conditions, including statistics on the number of indigenous women covered by those measures, their respective localities and the impact on their access to employment and their level of education.

Articles 11–14. Lands. In its previous comments, the Committee requested 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. The Government indicates that the Salvadorian Institute for Agrarian Transformation (ISTA) has participated in the development of the national plan on indigenous peoples, which sets out actions to ensure legal protection of indigenous peoples’ lands and promote their participation in decisions that affect their territory. The Government indicates that it has been granting legal land titles to the most vulnerable populations, including the indigenous population, as family property, for a period of 20 years, rather than jointly owned property. Training and awareness raising on indigenous peoples’ rights has also been conducted, and information campaigns have been launched on women’s right to have access to property. The Government provides information on family groups who received property ownership deeds between 2014 and 2018 at national level, by department.

The Committee takes due note of the measures taken to grant legal land titles to the most vulnerable populations, including families belonging to indigenous groups. The Committee recalls that Article 11 of the Convention sets forth 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 requests the Government to continue taking the necessary measures with a view to recognizing and promoting the rights of indigenous peoples over the lands which they traditionally occupy and to provide more detailed information on the number of indigenous families benefiting from the land titling processes implemented by the ISTA and the corresponding areas. It also requests the Government to indicate the existing mechanisms for the transferral to members of the indigenous peoples of property, collective or individual, traditionally occupied by them.

The Committee notes the information presented by the Government on the procedural steps taken regarding the complaint lodged by the “Plan Los Mochos” Cooperative Association of Agricultural Production for Community Development, and the complaint lodged by the inhabitants of the canton Planes de Renderos for the environmental damage caused in the context of the housing project “Quintas Doradas”. The Government indicates that the two procedures are still ongoing, and reiterates in relation to the complaint lodged by the “Plan Los Mochos” Cooperative Association of Agricultural Production for Community Development that the affected community has not been removed and that the mediation process has not been concluded. The Committee requests the Government to continue providing information on the progress and results of the processes relating to these complaints.

CMNT_TITLE

Prospects of ratification for the most up-to-date Convention. In its previous comments, the Committee welcomed the legislative and institutional progress in areas relating to the protection of indigenous people’s rights; particularly the recognition of indigenous peoples in the Constitution, the Multi sectoral Round-table for Indigenous Peoples, and activities developed by the Indigenous Peoples Department under the Ministry of Culture. Noting that the Ministry of Labour and Social Welfare had prepared an analytical document which had come out in favour of the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee requested the Government to provide information on the consultations held and the progress achieved in view of the ratification of that Convention. In its report, the Government indicates that the ratification process was still under consideration by the Ministry of Foreign Affairs, which was holding consultations with all state institutions in order to, at second instance, seek ratification before the Legislative Assembly. In this context, the Government has requested ILO technical assistance to gain knowledge of the full content of that Convention and experiences of its application in other countries. The Committee takes due note of this information and recalls that, at its 328th Session (October–November 2016), the Governing Body requested the Office to commence follow-up with the member States currently bound by Convention No. 107: (i) encouraging them to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), as the most up-to-date instrument in this subject area, which would result in the automatic denunciation of Convention No. 107; and (ii) collecting information from those member States with the aim of better understanding the reasons for their non-ratification of Convention No. 169 (see GB.328/LILS/2/1(Rev.)). The Committee therefore encourages the Government to consider the decision adopted by the Governing Body at its 328th Session and to examine the possibility of ratifying Convention No. 169. In this respect, the Committee hopes that the Office will provide without delay the assistance requested by the Government.

Articles 3 and 4 of the Convention. Protection of institutions, property, and cultural values. The Committee notes the Government’s indication that on 11 August 2011 the Culture Act (Legislative Decree No. 509) was adopted, containing a section exclusively on the rights of indigenous peoples. The Committee notes with interest that section 11 of this Act guarantees indigenous peoples and ethnolinguistic groups the right to preserve, enrich and publicize their culture, identity and cultural heritage. In addition, section 27 recognizes that indigenous peoples have the individual or collective right to fully exercise their human rights, and enshrines, in section 28, the obligation of the State to adopt public policies aimed at the recognition and visibility of indigenous peoples. The Government also indicates that the Indigenous Peoples Department of the Ministry of Culture continues to offer assistance to municipalities for the formulation of municipal ordinances. Between April 2015 and March 2017, three ordinances were adopted recognizing the rights of the indigenous communities of Panchimalco, Cuisnahuat and Conchagua municipalities, which provide that the municipalities, in coordination with the indigenous communities under their jurisdiction, shall take steps to restore, systematize and promote the historical memory of those communities. In addition, the Government provides information on the actions carried out by the Ministry of Culture to protect indigenous peoples’ cultural heritage, such as certificates for indigenous leaders, support for cultural and artistic initiatives, including reviving the original language of the Náhuat people. The Committee requests the Government to provide information on the actions carried out, within the framework of the Culture Act, to protect the institutions, and cultural and religious values, of the indigenous peoples. Further, the Committee requests the Government to provide information on the outcome of the processes conducted in various municipalities, as well as by other governmental entities, to restore, systematize and promote the historical memory of the indigenous communities and their cultural identity.

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

CMNT_TITLE

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)).

CMNT_TITLE

The Committee notes the Government’s report received in May 2014. The Committee notes with interest that, on 12 June 2014, the Legislative Assembly decided to include a subparagraph in article 63 of the Constitution, which now provides that: “El Salvador recognizes indigenous peoples and will adopt policies with a view to maintaining and developing their ethnic and cultural identity, cosmovision, values and spirituality.” The Constitution also refers to indigenous languages and artistic, historical and archaeological wealth as matters to be protected by the State. In this respect, the Committee also notes that the Ministry of Labour and Social Welfare has prepared an analytical document which comes out in favour of the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). In a communication sent to the Office in July 2014, the Government requested assistance with the consultation processes for the submission to the Legislative Assembly of the ratification of Convention No. 169. The Committee recalls that the Governing Body has invited the States parties to Convention No. 107, to contemplate ratifying Convention No. 169, which would, ipso jure, involve the immediate denunciation of Convention No. 107 (document GB.270/LILS/3(Rev.1), November 1997). The Committee invites the Government to continue providing information on the consultations held and the progress achieved in the ratification of Convention No. 169.

Article 5 of the Convention. Collaboration and participation. The Government refers in its report to the Orders adopted in October 2010 and April 2012 in the municipalities of Nahuizalco and Izalco (department of Sonsonate) to promote the comprehensive development and exercise of the civil and political rights of indigenous communities. The Committee notes that both municipal orders provide that any activity, programme, undertaking or project that is related to the lands, territory, natural resources or environment of indigenous communities, or any action that affects the legitimate interests of indigenous communities, shall be the subject of prior consultation with them, through their representatives appointed in accordance with their own forms of organization. The Government adds that two other orders are currently being discussed in the municipalities of Panchimalco (department of San Salvador) and Cacaopera (department of Morazán), and that meetings have been held to promote an order in the municipalities of Cuisnahuat and Santa Catarina Masahuat (department of Sonsonate). The Committee requests the Government to continue providing information on the measures adopted at the national and municipal levels for the effective association of indigenous populations with a view to the full development of their initiatives.

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

CMNT_TITLE

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.

CMNT_TITLE

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 work plan 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. Lands. The Committee notes the Government’s indication that the Programme for Landless Rural Inhabitants (CST) implemented by the Salvadorian Institute for Agrarian Reform (ISTA) has benefited 90 members of the Association to Coordinate the Indigenous Communities of El Salvador (ACCIES), 83 members of the National Indigenous Association (ANNIS), 67 members of the United Associations of Salvadorian Indigenous Workers (AUTIS) and 44 members of the Cooperative Association Nujguapán Sinjehin Ltd. The Government indicates that there are still lands that are in the process of being transferred and it refers 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 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.

CMNT_TITLE

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.

CMNT_TITLE

Article 2 of the Convention. Development. With reference to its previous request concerning the production of a study that would serve as the basis for the development of government policy in favour of indigenous peoples, the Committee notes the profile of the indigenous peoples of El Salvador, drawn up with the support of the World Bank and the participation of indigenous representatives, which was published in June 2003 with the aim of raising awareness of the situation of the indigenous peoples of the country. The study shows that 99.4 per cent of indigenous peoples in El Salvador live in conditions of poverty, while 38.3 per cent of them live in “extreme poverty”. The Committee observes that, as this profile emphasizes, the current situation of the indigenous populations requires the adoption of complementary policies in the fields of education, health, housing, environment and land ownership. The conclusions of the profile also show that it is crucial that the indigenous populations participate in decision-making and the formulation and implementation of projects and plans which may affect them. However, the Committee notes that no national development plan has yet been drawn up to tackle the problem of the extreme poverty in which the indigenous men and women live. Recalling that, under the terms of Article 5 of the Convention, governments must seek the collaboration of the indigenous populations and of their representatives in applying the provisions of the Convention, the Committee requests the Government to take steps to draw up as soon as possible, in collaboration with the indigenous populations, a national development plan to promote the social, economic and cultural development of these populations. Please provide information of progress made in this respect.

The Committee notes the programme entitled “Comprehensive development of women”, which also includes the programme entitled “Development of entrepreneurial skills for women craft workers”, which, according to the Government’s report, has also been of benefit to indigenous women, particularly those engaged in the production and sale of craft products in Nahuizalco. The Committee also notes the initiatives launched by the National Council for Culture and Art (CONCULTURA) and the Salvadorian Institute for Women’s Development (ISDEMU). The Committee also notes that, according to the abovementioned study, the participation of indigenous women in decision-making, plays an important role in promoting the development of indigenous communities. In this respect, the Committee notes the Government’s statement that it has conducted a number of analyses with the participation of indigenous women in order to identify their training needs and manage programmes or projects for improving their situation. The Committee requests the Government to supply further details on the implementation of the programme entitled “Comprehensive development of women”, including information on the percentage of indigenous women who have benefited from the measures taken in the context of this programme. The Committee also requests the Government to indicate the way in which the principle of the participation of indigenous women in the policies and programmes targeting the indigenous populations will be reflected and requests it to supply information on the results of the analyses mentioned in its report.

With regard to the conservation of the cultural heritage of the indigenous populations, the Committee notes the project entitled “Revitalization of the Nahuatl language” conducted on the initiative of CONCULTURA, the Ministry of Education (MINED) and the Don Bosco University. The Committee also notes the publication, with the support of UNESCO, of materials for teaching the Nahuatl language at beginners’ level. Noting that the profile of the indigenous peoples of El Salvador indicates that the Nahuatl indigenous language only survives in a small number of families, the Committee welcomes the initiatives conducted by the Government and requests it to continue its efforts to protect and revitalize the cultural heritage of the indigenous populations. The Committee also requests the Government to continue supplying information on the initiatives taken to this end, including information on their impact in practice.

With regard to its previous request concerning the assessment of the impact on the indigenous populations of two programmes funded by the Inter-American Development Bank (IDB) in the context of the rehabilitation and reconstruction of the road network, the Committee notes that, according to the Government’s report, those projects were not approved by the IDB but other projects on the same theme were implemented with its support. The Committee notes that the Government provides a general description of the projects and their benefits but does not give any information on their impact. The aim of the projects was to improve road links and thereby provide better access to education and health services for the indigenous populations of the municipalities concerned. The Committee requests the Government to supply information on the results of these projects and their impact on the indigenous populations residing in the affected areas, and also on any other project affecting those populations.

Articles 11 to 14. In reply to its previous request regarding the implementation of land transfer programmes, the Committee notes the Government’s statement that the “Programme for landless peasant farmers” (CST) administered by the Salvadorian Institute for Agrarian Reform (ISTA), enabled the transfer of a total of 1,491 deeds of ownership to beneficiaries belonging to vulnerable groups of the national population, including indigenous groups. The Committee also notes that 36,161 landholdings were handed over to sections of the rural population living in poverty, including indigenous men and women. The Committee also notes the Government’s statement that the organizations benefiting from these initiatives include the National Indigenous Peoples’ Association of El Salvador (ANIS), the United Associations of Indigenous Workers of El Salvador and the Association of Indigenous Communities of El Salvador (ACCIES). The Committee would be grateful if the Government would supply information on the percentage of members of indigenous communities that have benefited in practice from these initiatives. Please continue to provide information on any other initiatives implemented in this field.

With regard to indigenous cooperative societies, the Committee notes that, according to the Government’s report, the Salvadorian Institute for Cooperative Development (INSAFOCOOP) has given technical assistance to cooperatives, including those located in areas inhabited by indigenous communities. The Committee also notes that the technical assistance given has consisted of practical assistance in the phases relating to organization and acquisition of legal personality. The Committee also notes that the National Commission for Micro-and Small-Scale Enterprise of the Ministry of Economic Affairs (CONAMYPE) has launched a project to develop the craft and agriculture sector and also runs the “Technical Assistance Fund” (FAT) programme, in which the “indigenous craftwork group” participates. The Committee also notes the Government’s indication that the Ministry of Agriculture and Stock Rearing has implemented, or is about to implement, three specific projects for indigenous populations, namely “Production and sale of low-irrigation vegetables”, launched in October 2007, benefiting 25 indigenous families, the project for the national implementation of the Integrated Ecosystem Management in Indigenous Communities Regional Project, funded by the IDB and the World Bank, and the indigenous component of the Rural Development and Modernization Project, which will be financed by the International Fund for Agricultural Development (IFAD). The Committee requests the Government to supply detailed information on the implementation of these initiatives and their impact, including statistical information on the number of beneficiaries. The Committee also repeats its previous request concerning information on the participation of indigenous peoples in rural credit plans.

With regard to the draft reform of the Agrarian Code, the Committee notes the Government’s statement that this process is still open and the draft is before the Committee for Economic Affairs and Agriculture of the Legislative Assembly. The Committee requests the Government to continue supplying information on all progress made in the reform of the Agrarian Code and requests it to ensure the participation of indigenous representatives in this process in the context of the collaboration provided for in Article 5(a) of the Convention. The Committee also requests the Government to provide information on the measures taken or contemplated to guarantee this participation.

Part III of the report form. The Committee notes the creation of the Standing Committee on Indigenous Affairs within the Office of the Procurator for the Protection of Human Rights, one of the aims of which is to monitor public policies with respect to indigenous populations. The Committee also notes the project on the settlement of indigenous communities, administered by the National Register of Natural Persons (RNPN). The Committee requests the Government to supply detailed information on the activities of the Standing Committee on Indigenous Affairs in relation to the monitoring of public policies for indigenous populations. The Committee would also be grateful to receive information on the composition of the aforementioned body and the level of participation given to indigenous populations. Please also continue to supply information on any other activities carried out in relation to indigenous populations by any other national bodies responsible for the protection of human rights.

CMNT_TITLE

Articles 11 to 14 of the Convention. Land rights. The Committee recalls that a communication was received in September 2003 from the Sindicato Integración Nacional de Indígenas Organizados (INDIO), a workers’ organization registered in the country, which noted with regret that the indigenous populations of the country were losing their land rights, in particular, due to the construction of a hydroelectric dam, and that they had been unable to obtain land rights in other contexts as well. The Committee notes the Government’s statement, in reply to its previous observation on this subject, to the effect that the indigenous populations were allocated lands, as shown by data from the Salvadorean Institute for Agrarian Reform (ISTA). The Committee also notes that, according to the Government’s report, there were no cases of displacement of indigenous populations. However, the Committee notes the comments made by the United Nations Committee on the Elimination of Racial Discrimination (CERD) concerning the vulnerable situation of indigenous populations with regard to land ownership (CERD/C/SVL/CO/3, 4 April 2006, paragraph 11). The Committee also observes that the indigenous populations of Panchimalco and Izalco filed a complaint on the pollution and sale of their lands with the Office of the Procurator for the Protection of Human Rights (newsletter of the Inter-American Institute of Human Rights, 23 January 2008). The Committee also draws the Government’s attention to the profile of the indigenous populations of El Salvador, drawn up with the support of the World Bank and the participation of indigenous representatives, published in June 2003. According to this profile, the indigenous populations are suffering an alarming degree of poverty as a result of the dispossession of their lands (p. ix). The Committee urges the Government to take all necessary steps to recognize and promote the rights of the indigenous populations with regard to lands traditionally occupied by them in order to put an end to their current vulnerable situation and requests the Government to supply detailed information in this regard. The Committee also requests the Government to provide information on the state of the proceedings instituted with respect to the complaint submitted by the indigenous populations of Panchimalco and Izalco, including information on resolutions and decisions issued and results achieved.

Recalling that in its general observation of 1992, it invited governments to seriously consider the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee encourages the Government to consider this possibility and to provide information on any progress made in this regard.

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

[The Government is asked to reply in detail to the present comments in 2010.]

CMNT_TITLE

1. The Committee refers to its observation. It notes the brief report submitted in May 2003, replying to some of the questions raised in its earlier comments.

2. Article 2 of the Convention. Development. The Committee noted previously that the Government planned to produce a study that would 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 Government indicated in its reply that this study was to be published in June 2003, and that it represented the consensus of the indigenous populations of El Salvador, with the support of the National Council for Culture and Art [Consejo Nacional de la Cultura y el Arte] (CONCULTURA), and the United Nations Fund for Children (UNICEF). Please communicate a copy of this study, and indicate whether a national development plan for indigenous populations has now been drawn up.

3. As concerns preservation of the cultural heritage of the indigenous populations, the Government has provided information on a number of activities, including the convening of the V National Conference on Ethno-linguistics, and the financing of a school for the Nahuat language - which the Government indicated is not yet functioning regularly. It indicates that other activities are also carried out regularly to preserve the cultural heritage.

4. The Government also refers in its report, in general terms, to holding several seminars and other activities on indigenous populations, including some that concerned the role of indigenous women. Please indicate, as previously requested, 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.

5. As the Government has provided no information in reply to its request for indigenous peoples on a number of points, the Committee repeats them hereafter:

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.

6. The Committee hopes the Government will reply to these questions in its next report, in which it should also provide a more general appreciation of the situation of the indigenous populations in the country and the way in which the Convention is applied.

CMNT_TITLE

1. The Committee notes the Government’s report and notes that while the report provided information on some of the matters raised in its previous request, it left a number of the Committee’s questions unanswered. The Committee hopes the Government will submit a more complete reply to its queries in its next report.

2. Articles 11 to 14 of the Convention. Land rights. The Committee notes also that a communication was received in September 2003 from the Sindicato Integración Nacional de Indígenas Organizados (INDIO), a workers’ organization registered in the country. INDIO indicated in this comment that the indigenous populations of the country were losing their land rights, in particular to the building of a hydroelectric dam, and that they had been unable to obtain land rights in other contexts as well. The Committee hopes the Government will include information in its next report on the situation of indigenous land rights in the country. Please also indicate any cases in which the indigenous populations have been displaced from their traditional lands for development purposes, and the manner in which they were involved in the decisions taken, and compensation received.

The Committee raises other matters in a request addressed directly to the Government.

CMNT_TITLE

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.

CMNT_TITLE

1. Article 1 of the Convention. The Committee notes that there are approximately 104,220 indigenous persons in the country, and that this accounts for 2 per cent of the total population. It notes also that they live in various regions of the country including Ahuachapán, Santa Ana and Sononata.

2. Article 2. The Committee notes the detailed information on the Special Law for the Protection of the Cultural Heritage of El Salvador, 1993, and that the regulations to apply this law have not yet been adopted. It requests the Government to provide a copy of the Special Law with its next report, and a copy of the regulations when adopted. Please also provide information on any measures taken or contemplated to apply its provisions in practice to the indigenous population.

3. Article 5. The Committee notes that the Government has consulted some indigenous associations about the application of the Convention, but has not received any response. It requests the Government to keep it informed of any further developments in this regard.

4. Article 6. The Committee notes that the Government finances development projects for the benefit of the displaced persons, including indigenous communities, who are returning to the country after the conclusion of the peace agreement in January 1992. It requests the Government to provide further information on these projects, and any others under way or contemplated in indigenous areas, and on the mechanisms for taking into account the specific characteristics of the indigenous communities concerned in the formulation and implementation of the projects.

5. With reference to the Inter-American Development Bank (IDB) financed programme to expand and rebuild the road network throughout the country, the Committee notes that the Government will pay compensation for any damages which may result, including to rights of way. It notes however that no private property rights have as yet been affected. The Committee requests the Government to keep it informed of any further developments in this regard, including any compensation paid to indigenous communities or any displacement of them. In this connection, the Committee recalls the IDB-financed project for small-scale coffee growers, and requests the Government to provide information on the extent of participation of indigenous communities in this project.

6. Articles 11 to 14. The Committee notes that large landholdings (above 245 hectares) are divided into smaller plots and transferred to peasants and rural workers. It requests the Government for information on the number of indigenous communities which have benefited from this initiative, and on whether this division and reallocation of landholdings has affected any indigenous communal lands. In this respect it notes the establishment of a special fund for the purpose of lands, and requests the Government for further information in this regard, including the mechanisms for its application to indigenous communities.

7. The Committee notes that rural credit schemes and agricultural production assistance are available for micro-enterprises and small-scale producers. Noting that indigenous communities can benefit from these schemes as cooperative associations, it requests the Government to provide information in its next report on the number of indigenous cooperative associations which have participated. In this connection the Committee also notes the special legal regime relating to land belonging to the communal rural cooperatives and any beneficiaries under the agrarian reform legislation, and requests further information on the practical impact of this regime on indigenous communities.

8. The Committee notes that the Government is considering a draft Agrarian Code to revise and modify existing legislation on the subject and to deal with it in a more coherent manner. It notes also that discussions are taking place on whether to include different sectors of the population in this process, and requests the Government to keep it informed in this regard including measures taken or contemplated to include representatives of the indigenous communities in the consultation process.

9. Article 23. The Committee notes the information regarding the Recovery Project for the Nahuat Language. It requests the Government to keep it informed of the progress of this project, and to provide information on any measures taken or contemplated to initiate a similar project for other indigenous languages.

CMNT_TITLE

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.

CMNT_TITLE

The Committee notes the information provided in the Government's report in reply to its previous direct request.

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.

CMNT_TITLE

1. The Committee notes the information provided in reply to its previous direct request, and hopes that the Government will provide further indications in its next report on the following matters:

2. Article 1 of the Convention. The Committee notes from the report that the Government considers that some 2 per cent of the national population is indigenous. It also notes, however, that other information would suggest that in the rural areas of the country in particular the proportion of those considering themselves to be indigenous is much higher. Please indicate whether, in the absence of any legislative definition of who is considered to be indigenous, any official determination of this has been made, for instance in the context of the national census or for other purposes;

3. Article 5. The Committee notes from the report that the Government has approved the statutes of several indigenous organizations which work to assist indigenous communities. It would be grateful if the Government would indicate 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. Please provide information concerning the development plans and programmes under way in areas of the country inhabited by indigenous populations. The Committee notes in this connection 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. It hopes that account will be taken of their special characteristics in preparing development plans and programmes in their areas, and requests the Government to indicate how it is doing this;

5. Articles 11 to 14. The Committee notes the recent creation of an Agrarian Commission responsible for dealing with land claims. The Committee requests the Government to indicate in its next report how account is being taken of the rights of the indigenous populations, and in particular of their traditional land rights and land-holding patterns as they return to their homes. This is particularly important as indigenous communities return to their homes after having been displaced (see under Article 6);

6. The Committee also notes from the report the recent adoption of legislation concerning, inter alia, rural credit schemes and low-cost housing. 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;

7. Article 23. The Committee notes that the Government has indicated that the Ministry of Education has been carrying out 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.

CMNT_TITLE

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. The Committee recalls that the indigenous population of the country represents between two and nine per cent of the total population. The Committee notes that the Government repeats that it is unnecessary to take special measures on behalf of this sector of the population beyond the provisions enshrined in the Constitution.

2. With reference to its previous comments and to the information supplied by the Government in its previous report, the Committee would be grateful if the Government would supply with its next report any information that it considers relevant with regard to the measures taken on behalf of indigenous populations, for example, programmes set up by the Ministry of Education to study and maintain the indigenous culture and the traditions of the country, such as the programmes to which it referred in its previous report that are being carried out under the provisions of article 62 of the Political Constitution.

3. The Committee notes with interest the comments made by the National Indigenous Association of El Salvador, which were transmitted in the Government's report. The Committee would be grateful if the Government would continue to provide information concerning the activities of the National Indigenous Association of El Salvador on behalf of the indigenous communities in which the Government participates; particularly with regard to the conservation of vernacular languages (Maya, Lenca, Nahuatl); indigenous traditions and customs (Articles 7 and 23, paragraph 3, of the Convention); the promotion and economic development of indigenous communities (Article 2, paragraph 1(b), and Article 6); and training (Articles 17 and 22).

4. The Committee also notes the report submitted to the Ninth Inter-American Indian Congress (Santa Fé, New Mexico, October 1985), which was prepared by the Ministry of Culture and Communications, in which reference is made to a number of activities conducted by the Government in collaboration with the Inter-American Indian Institute.

In this connection, the various sources mentioned above would appear to supply information that is in a number of points contradictory, in particular between the information given by the Government in its reports and that supplied by institutions conducting activities on behalf of the indigenous populations. Consequently, the Committee hopes that when preparing its next report the Government will consult the Ministries which may be involved in the implementation of the measures referred to, and also the National Indigenous Association of El Salvador, in order to be able to supply fuller information with regard to the measures taken on behalf of the populations in question. The Committee would also be grateful if the Government would supply further information, for example, references to ethnographic publications and on the location and living conditions of indigenous populations.

CMNT_TITLE

1. The Committee recalls that the indigenous population of the country represents between two and nine per cent of the total population. The Committee notes that the Government repeats that it is unnecessary to take special measures on behalf of this sector of the population beyond the provisions enshrined in the Constitution.

2. With reference to its previous comments and to the information supplied by the Government in its previous report, the Committee would be grateful if the Government would supply with its next report any information that it considers relevant with regard to the measures taken on behalf of indigenous populations, for example, programmes set up by the Ministry of Education to study and maintain the indigenous culture and the traditions of the country, such as the programmes to which it referred in its previous report that are being carried out under the provisions of article 62 of the Political Constitution.

3. The Committee notes with interest the comments made by the National Indigenous Association of El Salvador, which were transmitted in the Government's report. The Committee would be grateful if the Government would continue to provide information concerning the activities of the National Indigenous Association of El Salvador on behalf of the indigenous communities in which the Government participates; particularly with regard to the conservation of vernacular languages (Maya, Lenca, Nahuatl); indigenous traditions and customs (Articles 7 and 23, paragraph 3, of the Convention); the promotion and economic development of indigenous communities (Article 2, paragraph 1(b), and Article 6); and training (Articles 17 and 22).

4. The Committee also notes the report submitted to the Ninth Inter-American Indian Congress (Santa Fé, New Mexico, October 1985), which was prepared by the Ministry of Culture and Communications, in which reference is made to a number of activities conducted by the Government in collaboration with the Inter-American Indian Institute.

In this connection, the various sources mentioned above would appear to supply information that is in a number of points contradictory, in particular between the information given by the Government in its reports and that supplied by institutions conducting activities on behalf of the indigenous populations. Consequently, the Committee hopes that when preparing its next report the Government will consult the Ministries which may be involved in the implementation of the measures referred to, and also the National Indigenous Association of El Salvador, in order to be able to supply fuller information with regard to the measures taken on behalf of the populations in question. The Committee would also be grateful if the Government would supply further information, for example, references to ethnographic publications and on the location and living conditions of indigenous populations.

CMNT_TITLE

1. The Committee recalls that the indigenous population of the country represents between two and nine per cent of the total population. The Committee notes that the Government repeats that it is unnecessary to take special measures on behalf of this sector of the population beyond the provisions enshrined in the Constitution.

2. With reference to its previous comments and to the information supplied by the Government in its previous report, the Committee would be grateful if the Government would supply with its next report any information that it considers relevant with regard to the measures taken on behalf of indigenous populations, for example, programmes set up by the Ministry of Education to study and maintain the indigenous culture and the traditions of the country, such as the programmes to which it referred in its previous report that are being carried out under the provisions of article 62 of the Political Constitution.

3. The Committee notes with interest the comments made by the National Indigenous Association of El Salvador, which were transmitted in the Government's report. The Committee would be grateful if the Government would continue to provide information concerning the activities of the National Indigenous Association of El Salvador on behalf of the indigenous communities in which the Government participates; particularly with regard to the conservation of vernacular languages (Maya, Lenca, Nahuatl); indigenous traditions and customs (Articles 7 and 23, paragraph 3, of the Convention); the promotion and economic development of indigenous communities (Article 2, paragraph 1(b), and Article 6); and training ( Articles 17 and 22).

4. The Committee also notes the report submitted to the Ninth Inter-American Indian Congress (Santa Fé, New Mexico, October 1985), which was prepared by the Ministry of Culture and Communications, in which reference is made to a number of activities conducted by the Government in collaboration with the Inter-American Indian Institute.

In this connection, the various sources mentioned above would appear to supply information that is in a number of points contradictory, in particular between the information given by the Government in its reports and that supplied by institutions conducting activities on behalf of the indigenous populations. Consequently, the Committee hopes that when preparing its next report the Government will consult the Ministries which may be involved in the implementation of the measures referred to, and also the National Indigenous Association of El Salvador, in order to be able to supply fuller information with regard to the measures taken on behalf of the populations in question. The Committee would also be grateful if the Government would supply further information, for example, references to ethnographic publications and on the location and living conditions of indigenous populations.