Harmonized Perspectives - CDKN Global

Currently Cacaopera ethnicity, although their language is extinct, still maintain their traditions and customs, one ofthem is the Dance of the emplumados (the feathered). They are represented by the organization called Winaka. Amuseum is dedicated to the culture or Kakawira located in the municipality of Cacaopera.LENCA 221 :It is a Mesoamerican ethnic group that has its own language, which occupied part of the territory of Hondurasand El Salvador since pre-Columbian times.His affiliation with other languages is in dispute among linguists. According to Campbell, the Lenca language is notyet rated. According to the Costa Rican linguist Costenla Adolfo Umaña, is a language with chibchano roots, butwith much influence from the Nahuatl andMayan languages like Yucatec and Chol.PIPILES 222 :The Pipil are indigenous people inhabiting the western and central El Salvador. Its language is Pipil or Nahuatl. Theancestors of the Pipil emigrated from Mexico and settled in what is now El Salvador in the tenth century ADPipiles branches are:The Cuscatlecos, who lived in Cuscatlan (now the town of Antiguo Cuscatlan in San Salvador area).The Izalcos that harvested cocoa and traded obsidian toolsNonualcos, who were known to be fond of war.The Mazahuas, who raised herds of white-tailed deer.XINCA 223 :The Xinca people are a Native American ethnic, almost extinct, which was located in Central America, in what isnow Guatemala and El Salvador. They were characterized by speaking the language Xinca of unknown family andnot related to the Aztec.LEGAL RECOGNITION OF THE INDIGENOUS PEOPLESIn El Salvador, there is still no constitutional recognition of indigenous peoples' rights, especially with regard tocollective rights, ie the use of language, the right to identity, the presence of his own regulatory traditional system.The Constitution of El Salvador (Constitution of the Republic) expressed in its content that there is nodiscrimination for the residents in the territory of the Republic, a fact which was ratified with the signing of peaceaccords in Chapultepec Mexico, January 16, 1992, in order to ensure the protection of human rights andset properly the powers of state bodies and legal powers which highlights the principles, rights and obligations andaims, the pursuit of justice, legal certainty and the common good.All this was managed in a holistic manner. These instruments, though, are of vital importance to the system oflaw prevailing in the country, have not taken into account the specificity and worldview of indigenous peoples andcommunities. It has been ignoring the indigenous law.The Constitution of El Salvador recognizes the principle of legal equality, which determines that the enjoyment ofcivil rights there may be not established restrictions based on differences of nationality, race, sex or religion,Article 3 NC, under which the Constitution has previously recognized the individual as the origin and purpose ofstate activity and indicates that the purpose of that is the constitution of justice, legal certainty and the commongood 224 .Indigenous Law and its practices:Indigenous peoples historically exercised their own justice system, by which, retaining their values, customs,forms of organization and conflict resolution mechanism and implementation of justice. In some indigenouspeoples still prevails this ancestral justice system.The use of the terms and customs, legal practice and even customary law, indigenous law prevails, being aproprietary system, through which justice is delivered.In El Salvador there are villages where in spite of modern legislation, they maintain the traditions and ancestralcustoms that form a sort of common law and is preserved over time. Examples include the mayors ofthe communities, whose main functions are conciliatory and of spiritual character. In this way they make decisionsto benefit their community and participate in the appointment of officers of guilds.In this structure, each of the first members of a guild is part of a civil ceremonial council power. The positions ofindividuals within the council are nested according to the position he occupies in the inter guilds hierarchy, ie, thepatron saint who represents the member.This council made up of members who along with mayors appoint the mayors of all the guilds, controls the festivalcalendar and supervise the finances of the guilds. Another function is to meet with city officials and leaders of the221 Wikipedia-Lenca: http://es.wikipedia.org/wiki/Lenca222 Wikipedia-Pipil:http://es.wikipedia.org/wiki/Pipil223 Wikipedia-Xinca: http://es.wikipedia.org/wiki/Xinca224INDIGENOUS PEOPLES-CONCULTURA-CTMPI-CANCO MUNDIAL-RUTA. February 2003, San Salvador, El Salvador. Profileof indigenous Peoples in El Salvador / VI. Legal Framework / Legal Framework of the Indigenous peoples in El Salvador /6.4 LegalInstruments.6.4.2 international Instruments Cit: pag 10-15:www.ruta.org/.../Perfiles%20Indigenas/PerfilIndigELS/VERSION%20FINAL%201%20PI%2020_03_03.doc73