Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Paraguay (Ratification: 1993)

Article 1 of the Convention. The Committee notes that, according to the report on the Mission to Paraguay by the United Nations Permanent Forum on Indigenous Issues in 2009, which quotes statistics from the General Directorate of Statistics, Surveys and Censuses of Paraguay, there are approximately 108,308 indigenous people in the country, belonging to 20 ethnic groups and five different language families and representing two per cent of the national population. Recalling that the legislation does not include self-identification as a criterion for defining the peoples covered by the Convention, the Committee once again requests the Government to incorporate this criterion into its future censuses and to give legislative expression to it in consultation with indigenous peoples. The Committee would also be grateful if the Government would provide statistics on the indigenous communities in Paraguay.

Articles 8 to 11. Customary laws and administration of justice. The Committee recalls that, under sections 432–437 of the Penal Code, which regulate the procedure for acts liable to punishment in relation to indigenous peoples, when the sentence involves a period of detention of not more than two years, any legal representative of a community of the ethnic group of the convicted person may submit to the judge an alternative to the execution of the penalty, thereby complying more effectively with the aims of the Constitution with regard to the cultural identity of the convicted person under conditions more favourable to the latter (section 437). The Committee once again requests the Government to provide information on instances of the application of section 437 of the Penal Code and on any court decisions which have applied indigenous customary law. Please also provide information on the procedure and follow-up of any complaints submitted to the Paraguayan Indigenous Institute (INDI), particularly those relating to the exaction of compulsory personal services (social, civil or military) prohibited by the National Constitution.

Article 7. Participation, development projects and environment. The Committee refers to its previous comments and once again requests the Government to indicate the manner in which it is made possible for indigenous communities themselves to decide their own development priorities and whether indigenous peoples have been able to participate in establishing their priorities in the following projects: “Project for the Administration of Natural Resources”; “Project on Support for Production by Indigenous Communities”; “Integrated Management Project and Master Plan for the Pilcomayo River Basin” (PRODECHACO); “Alto Paraná”; and “Itapúa Norte”, and, if so, the manner in which they have done so. It also requests it to provide a copy of any studies carried out to assess the social, cultural, spiritual and environmental impact of those projects, indicating the participation of indigenous peoples in such projects.

Articles 16, 17 and 18. Relocation and unauthorized intrusion. The Committee refers to its previous comments concerning cases of “invasion by landless rural inhabitants” and displacement of indigenous communities, in particular by the Itaipú and Yaciretá dams. The Committee notes that, according to the report, cases of eviction or forced relocation of indigenous communities by landowners, soya farmers and other farmers often remain pending before the judicial authorities for several years and that in 2008 and 2009 INDI took legal action on more than ten occasions to secure protective measures. The Committee requests the Government to provide information on the measures taken or envisaged to tackle the problem of the invasion of indigenous lands in a systematic manner and their impact. It also requests information on the number and nature of protective measures granted at the request of INDI. It also repeats its request for information on cases of relocation, with an indication of the consultations held with the peoples concerned before their relocation, the quality and quantity of lands available to them before and after the relocation, and the implementation of any mechanisms for the payment of compensation for the damage caused, with particular reference to the indigenous communities displaced by the Itaipú and Yaciretá dams.

Article 23. Traditional activities. The Committee notes Act No. 3232/2007 on financial assistance for indigenous communities. The Committee requests the Government to indicate the extent to which Act No. 3232/2007 contributes to strengthening and promoting the traditional activities of indigenous peoples.

Article 24. Social security. The Committee notes the Government’s indication that social security coverage does not extend to indigenous persons who “are engaged in informal work which tends to go unnoticed by the State since it lacks the infrastructure required to carry out local inspections”. The Committee requests the Government to provide information on the measures taken to strengthen the labour inspection services at the local level and to ensure that indigenous peoples are covered under social security schemes on an equal footing with other workers.

Article 25. Health. The Committee notes the adoption of the National Policy on Indigenous Health following a process of participation which involved the Inter-Institutional Round Table on Indigenous Health. It also notes the drafting, with the participation of the indigenous communities, of the Bill on the national indigenous health system which has not yet been submitted to the legislative authority. The Committee requests the Government to provide information on the implementation of the National Policy on Indigenous Health and the measures taken to ensure that health-care centres are available in indigenous communities. Please provide a copy of the above Bill and information on any developments relating to the submission of that Bill to the legislative authority.

Articles 26 to 31. Education. The Committee notes that, according to the Government’s report, illiteracy affects 51 per cent of indigenous persons. The Committee notes that in 2007, the Directorate General of Indigenous Schooling was created under Act No. 3231/2007. The Committee requests the Government to provide information on the activities carried out by the Directorate General of Indigenous Schooling with a view to giving effect to Articles 26–31 of the Convention and on the manner in which it ensures in practice that indigenous peoples participate in the development of such activities.

Article 32. Contacts and cooperation across borders. The Committee notes with interest the cooperation agreement concluded between Paraguay and Bolivia in June 2009 concerning the Ayoreo people whose ancestral lands cover a large part of the northern region of the Paraguayan Chaco and southern Bolivia. It notes, in particular, that there are plans to create a bilateral body “to address the need for territorial unity for the Ayoreo people”. Please provide information on this matter.

Part VIII of the report form. Considering that the Convention is an important instrument for promoting dialogue and participation, the Committee recalls that Part VIII of the report form states that “Although such action is not required, the Government may find it helpful to consult organizations of indigenous or tribal peoples in the country, through their traditional institutions where they exist, on the measures taken to give effect to the present Convention, and in preparing reports on its application”. The Committee would be grateful if the Government would indicate whether such consultations have been undertaken or are envisaged, and the results thereof.