San Salvador, August 17, 2012
“I am concluding my visit to El Salvador in my capacity as United Nations Special Rapporteur on the rights of indigenous peoples. Since August 13, I have held a series of meetings with representatives of various ministries and institutions of the Salvadoran State and representatives of indigenous peoples, both in San Salvador and in the municipalities of Sonsonate, Izalco, Nahuizalco, Panchimalco, Cojutepeque and Cacaopera .
“I would like to thank the Government of El Salvador for its kind invitation to the country and for the excellent cooperation it has given me during the visit. In addition, I would like to thank the United Nations system in El Salvador for their essential collaboration, and the representatives of indigenous peoples in El Salvador who shared their stories with me.
“Over the next few weeks I will be reviewing the information that I have obtained during the visit to prepare a report that will evaluate the human rights situation of indigenous peoples in El Salvador and that will include a series of recommendations in this regard. This report will be made public and will be presented to the United Nations Human Rights Council. I hope that the report contributes to the search for solutions by the Government of El Salvador and the indigenous peoples to the various challenges faced by indigenous peoples in the country.
“In anticipation of my report, I now offer some preliminary observations.
“During my visit I have been able to learn about the different points of view of the indigenous peoples and of the representatives of the Government on the scope and challenges that exist in relation to the rights of the indigenous peoples in the country, in particular the Náhuas, Lencas, Pipiles and Kakawiras.
“I have seen that all parties agree that indigenous peoples in El Salvador have suffered serious human rights violations in the past and that the effect of these violations continues to manifest itself in combination with generalized conditions of disadvantage in the present. In almost every meeting I had with representatives of indigenous peoples, mention was made of the infamous massacre of 1932, in which thousands of indigenous people died at the hands of army troops. In Izalco I was able to step on the ground where one of the massacres in this episode took place and see some human remains that were not able to remain buried in the mass grave in that place.
“The massacre of 1932 marks a policy of oppression towards the indigenous peoples who were fighting for their rights, as well as a policy of the then and successive governments to abolish indigenous identity. The terror caused by the massacre continued to live in the collective memory of indigenous peoples alongside decades of marginalization and denial of indigenous peoples' practice of their languages and other manifestations of their distinct cultures.
“In 1983 in the community of Las Hojas, municipality of San Antonio del Monte, during the armed conflict of that same period, more than seventy defenseless indigenous people were massacred. Several indigenous elders told me that what happened in Las Hojas was reminiscent of the 1932 massacre and that being an indigenous was a crime.
“The historical oppression of indigenous peoples and the suppression of their manifestations of indigenous identity has led to the large-scale loss of important aspects of that identity and of many of the cultural and human riches that it embodies. That loss opened a wound that is still unhealed, a wound that is represented by popular expressions that indigenous peoples no longer exist in El Salvador.
“However, the same indigenous peoples have made their survival felt in the country. I also take note of the recent steps taken by the Government in recognizing indigenous peoples and advancing in respect for their rights as such.
“An important step has been the President's request for forgiveness on behalf of the Salvadoran State for 'the extermination and persecution of those who have been victims of the country's indigenous peoples' throughout history. In addition, the President declared on behalf of the State the recognition of 'El Salvador as a multiethnic and multicultural society.' I am aware that linked to this recognition, a series of initiatives have been established to address indigenous issues in the different State institutions.
“Despite the important efforts of the Government to repair the historical marginalization of indigenous peoples in El Salvador, it is more than evident that these peoples continue to suffer from the loss of cultural knowledge and the full capacity to express their identity and exercise the corresponding rights. This loss is added to the conditions of extreme poverty and marginalization that characterize the most disadvantaged sectors of the country.
“I therefore observe the need for the State to promote more concrete actions than those already in place, aimed at rescuing cultural manifestations such as language and ancestral traditions and their incorporation into social protection systems, particularly those related to health, education, economic assistance programs for productive growth, as well as land tenure programs, which must be in accordance with cultural patterns and needs of indigenous peoples.
“In addition, it is necessary to support indigenous peoples to rescue and strengthen their own forms of organization, representative institutions and decision-making mechanisms that allow them to manage the issues that interest them at the community level. Likewise, mechanisms must be established for the participation of indigenous peoples in the decision-making spaces of the State through their own representative institutions. In this regard, mechanisms must be established to consult with indigenous peoples on any development project, laws or administrative decisions that may affect them.
“In order to overcome the painful history of the indigenous peoples in El Salvador and move towards a future in which they can maintain their cultures and develop according to their own aspirations, it is necessary to ensure that the peoples can access the opportunities of other actors. of Salvadoran society, in conditions of equality and without discrimination. This includes opportunities for access to education, employment and justice, especially justice for indigenous women who experience acts of violence.
“I take note of the recent approval of the reform to articles 62 and 63 of the Constitution of the Republic referring to the protection of indigenous languages, artistic, historical and archaeological wealth, by the Legislative Assembly 2009-2012 that recognizes indigenous peoples and adopts policies in order to maintain and develop their ethnic and cultural identity, worldview and spirituality values. In this regard, I consider it important to proceed with the required ratification of this reform by the current Legislative Assembly, in accordance with the procedures established by the Constitution. This constitutional amendment would help promote the actions mentioned above for the protection of the rights of indigenous peoples.
“I also believe that it is important to move forward with the ratification of Convention No. 169 of the International Labor Organization on Indigenous and Tribal Peoples in Independent Countries, which would be a complementary tool for the execution of the constitutional amendment and the protection of the rights of indigenous peoples. indigenous peoples in El Salvador.
“Finally, I emphasize the Declaration of the Rights of Indigenous Peoples approved in 2007 by the General Assembly of the United Nations with the affirmative vote of El Salvador and the vast majority of the countries of the world. This Declaration, which enshrines a series of rights of indigenous peoples based on self-determination and equality, reaffirms the need for the Salvadoran State to take action to repair the damage suffered by indigenous peoples throughout its history, and must be complied with. in the elaboration and implementation of all the actions oriented to that end.”