Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee notes the detailed information provided in the Government’s report, and the numerous annexes attached.

2. The Committee notes with interest the large volume of legislative measures and regulations in relation to indigenous peoples adopted since the last report. Despite the lack of specific legislation governing indigenous peoples, the Committee notes the allocation of responsibilities for indigenous affairs and the proposal to establish the National Commission on the Affairs of Indigenous and Black Peoples (CONAIN). Please indicate whether this body has now been established, and provide information on its activities.

3. The Committee notes the Government’s indication that the draft amendment of article 107 of the Constitution, which would have allowed private individuals to acquire lands along the coast, to the detriment of the land claims of indigenous peoples, is not being pursued.

4. The Committee notes with interest that the Government ratified the International Convention on the Elimination of All Forms of Racial Discrimination by means of Decree No. 61-2002, which came into force on 6 July 2002.

5. Article 14 (land rights). The Committee notes with interest the adoption of Executive Agreement No. 035-2001 establishing the Intersectoral Commission for the Adjudication, Extension, Validation and Protection of the Ownership of Garifuna and Misquita Lands, the principal objectives of which include contributing to the provision of effective guarantees of the ownership rights of the lands possessed by these peoples and which constitute their normal habitat. The Committee also notes the process of the regularization of land titles for the Garifuna, Lenca, Tolupán, Chorti and Pech communities. The Committee trusts that the Government will provide information in its next report on the outcome of the process of regularizing the land titles of the Misquita and Tawahaka and other communities. It also requests the Government to continue providing information on the action taken under the Land Title Programme.

6. The Committee notes the information provided by the Government in its report on the proceedings relating to land claims by indigenous populations. The Committee also notes the indications provided by the Government concerning the existence of conflicts relating to land tenure between members of the Tolupán population and owners of sawmills and coffee growers who have appropriated their traditional forests and lands, whether or not through legal means. The Committee trusts that the Government will continue to provide information on this matter in its next report.

7. The Committee is addressing a more detailed request directly to the Government on certain points.