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

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

Other comments on C107

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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.