Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

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.