Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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.