Committee on the Elimination of Racial Discrimination

Seventy-seventh session

Geneva, 2–27 August 2010

Application of the International Convention on the Elimination of All Forms of Racial Discrimination

List of themes to be taken up in connection with the consideration of the seventeenth and eighteenth periodic reports of El Salvador (CERD/C/SLV/14-15)

The following list of themes was identified by the Country Rapporteur in connection with the consideration of the fourteenth and fifteenth periodic reports of El Salvador. The list is meant to guide the dialogue between the State party and the Committee and does not require written replies. It is not an exhaustive list as other issues will be raised in the course of the dialogue.

1.Scarcity of reliable indicators of the demographic composition

(a)Information on the measures taken by the State party to understand its demographic composition and determine progress and trends in the elimination of racial discrimination, such as identification surveys to assess the situation of indigenous people, different minority groups and non-citizens residing in the State party; collection of information through use of different languages, mother tongues, social surveys; or development of measurable indicators and their analysis.

2.The Convention in domestic law; human rights framework for its implementation (arts. 1 and 2)

(a)Status of the incorporation of the definition of racial discrimination in the domestic legislation, and information as to whether all the elements set out in article 1 of the Convention have been included (CERD/C/SLV/CO/13, para. 8). Progress on the adoption of legislative, judicial, administrative and other measures directed towards preventing acts of discrimination (ibid., para. 9);

(b)Further information on the declaration provided for in article 14 of the Convention, recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals (CERD/C/SLV/CO/13, para. 18);

(c)Updated information on the mechanisms the State party has established in connection with policies and administrative and judicial measures to prevent racial discrimination (CERD/C/471/Add.1, para. 23).

3.Situation of indigenous peoples (arts. 1, 2, 5 and 6)

(a)Status of the adoption of a specific constitutional legal framework covering indigenous peoples (A/HRC/WG.6/7/SLV/1, para. 75);

(b)Steps taken to ratify International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries (CERD/C/SLV/CO/13, para. 10);

(c)Information on the procedure for indigenous communities and organizations to secure official legal recognition;

(d)Disaggregated statistics on the socio-economic distribution of the indigenous component of the population (CERD/C/SR.1741, para. 21). Information on the enjoyment of economic, social and cultural rights, including guarantees of land ownership and access to drinking water;

(e)Information on indigenous people’s access to health services, especially on the coverage of the tuberculosis prevention and control programme in rural and marginal urban areas (CERD/C/471/Add.1, para. 124);

(f)Situation of the participation of indigenous people in Government and the management of public affairs (CERD/C/SLV/CO/13, para. 13);

(g)Information on indigenous groups’ access to justice and judicial remedies, including information on measures to exempt them from payment of legal fees (CERD/C/SLV/CO/13, para. 16);

(h)Measures taken to protect and breathe new life into the indigenous languages, in addition to Nahuatl (CERD/C/SR.1742, para. 28).