Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 3 of the Convention. Discrimination. The Committee notes the information provided by the Government on the subject of combating discrimination. The Government refers to the entry into force of the First National Human Rights Plan for the Republic of Paraguay. Referring to the Constitution, it also indicates that with the fundamental objective of achieving equality, respecting the culture, world view and customs of indigenous peoples, and thereby safeguarding their rights, the principle of “positive discrimination” is being applied. Among the affirmative actions to combat discrimination against indigenous peoples, the Government refers to the establishment of various directorates and advisory offices specializing in indigenous affairs at various public institutions (ministries, the Public Prosecutor’s Office, the Secretariat for Social Action, the Chamber of Senators), exemption from taxation, the free issuing of documents of ethnic origin, national identity cards and birth, marriage and death certificates, and campaigns conducted in this respect. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of October 2016, expressed concern at “the ongoing structural discrimination against indigenous peoples … , as seen in the gap between these groups’ exercise of their human rights and the rest of the population” (CERD/C/PRY/CO/4-6). The Committee requests the Government to continue providing information on the measures taken or contemplated to combat discriminatory practices to which indigenous peoples are exposed and to overcome prejudices in which such practices are rooted.

Article 7. Participation, development projects and environment. In its previous comments, the Committee asked the Government to provide information on specific examples of the manner in which indigenous communities have been able to decide their own development priorities. The Committee observes with regret that the Government has not sent any specific information on economic development projects being implemented or contemplated which may directly affect the interests of indigenous peoples. The Government merely reiterates that the Paraguayan Indigenous Institute (INDI) holds meetings and dialogue with indigenous leaders and representatives and has opened forums to raise the profile of indigenous organizations. However, with regard to the social sphere, the Committee notes the Government’s indication that the Secretariat for Social Action (SAS), in conjunction with the INDI, has drawn up the “SAS protocol for indigenous communities”, establishing procedures whereby indigenous peoples can exercise the right to be consulted and give or withhold their consent regarding the implementation of programmes or projects in their communities. The SAS indicates in this regard that the application of the protocol implies an ongoing process between the SAS and indigenous communities at all stages (launch, implementation and closure) of the programme or project concerned. The Committee requests the Government to provide information on the manner in which indigenous peoples have participated in the formulation and implementation of social programmes developed by the SAS in the context of the “SAS protocol for indigenous communities”. In addition, the Committee reiterates its request for information on the manner in which it is made possible for indigenous communities themselves to decide their own development priorities and participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly. The Committee also requests the Government to provide examples of studies carried out to assess the environmental impact of development projects on indigenous communities and the manner in which the indigenous peoples concerned have participated in such projects.

Articles 8–11. Customary law and administration of justice. The Committee previously invited the Government to provide information on any court decisions which have applied indigenous customary law. The Committee duly notes the detailed information supplied on the activities performed by the departments specializing in indigenous affairs at the Supreme Court of Justice, the Public Prosecutor’s Office and the Public Defender’s Office. It notes in particular the “Put yourself in their shoes” campaign promoted by the Supreme Court, which includes training for judicial officials on how to treat individuals in vulnerable situations, taking account of their language and providing support. The Committee also observes that the Directorate for Ethnic Rights at the Public Prosecutor’s Office achieved a high degree of acceptance for its technical opinions on the part of inspection units and the courts from 2013 onwards. In its opinions – the number of which has been rising constantly since 2013 (208, 218 and 260 in successive years) – the Directorate has suggested the application of customary law in a quarter of cases on average. This has contributed to decongestion of the ordinary judicial circuit and to the application of measures adapted to indigenous customary law. The Committee also notes the information on the action taken in indigenous communities by the Directorate for Ethnic Rights, either to give support with any complaints that arise or to seek the most appropriate solutions in cooperation with the judicial authorities.

Article 16. Relocations. In its previous comments, the Committee welcomed the decisions of the INDI recognizing the damage and prejudice suffered by the Mbaya Guaraní people in the departments of Itapúa, Caazapá and Misiones, as a result of the construction of the Yaciretá hydroelectric dam, and by the Avá Guaraní indigenous communities in the Paraná area affected by the construction of the bi-national Itaipú hydroelectric dam, and recognizing their right to compensation. The Committee notes the information supplied on the activities performed under the “Mbaya Guaraní de Andó indigenous development support programme” in the areas of health, education, infrastructure, and the production of traditional and subsistence items. As regards the project for the resettlement of the Avá Guaraní communities, the Government indicates that the INDI monitored the process for resettling the communities and promoting their development in line with their cultural standards and through their own communal mechanisms. The basic components of the project are: acquisition of land, social welfare, and support for agricultural development. However, the Committee observes that in August 2017 the leaders of the Tekoha Sauce community of the Avá Guaraní people withdrew from the dialogue round table which had been set up in October 2016 with the high authorities of the State (including the Supreme Court of Justice, the Chamber of Senators and the INDI). The Committee requests the Government to provide detailed information on the measures taken to relocate and compensate the Mbaya Guaraní and Avá Guaraní communities in the Paraná area, in conformity with the provisions of Article 16(4) and (5) of the Convention.

Article 18. Indigenous peoples in voluntary isolation. With regard to the protection of the rights of the Ayoreo Totobiegosode indigenous community living in voluntary isolation, the Committee observes that the Inter-American Commission on Human Rights, in its Decision No. 4/2016 of February 2016, asked the Government to take the necessary measures, as a matter of urgency, to protect the communities of the Ayoreo Totobiegosode people living in voluntary isolation through measures to safeguard their ancestral territory, including actions to prevent unwanted contact or intrusion by third parties. In this regard, the Government indicates that the INDI actively participates in meetings to coordinate the necessary measures to protect these communities. The purpose of these meetings, in which leaders of the Ayoreo Totobiegosode people and their lawyers participate, is to achieve greater coordination among state institutions to implement actions aimed at preventing deforestation in territory already recognized or in the process of being recognized in favour of the Ayoreo Totobiegosode people. In this regard, the Committee welcomes the fact that since February 2017 monthly inter-institutional working groups have been established to draw up the “Agreement on an amicable settlement between the Paraguayan State and the Ayoreo Totobiegosode people”. The working groups address the issues of: safeguarding and protecting the rights of ownership and possession over the Ayoreo ancestral territory; protection of the Ayoreo people’s right to health; and formulation of a protocol governing sightings of families from this indigenous people who are in voluntary isolation or in initial contact. The Committee requests the Government to continue providing information on the negotiation process for the “Agreement on an amicable settlement between the Paraguayan State and the Ayoreo Totobiegosode people”, indicating in particular how observance of the rights of the Ayoreo Totobiegosode people as provided for in the Convention is ensured.

Part IV. Articles 21–23. Vocational training. The Committee notes the detailed information on the training activities undertaken for the benefit of indigenous peoples by the National Vocational Promotion Service (SNPP) and the National Vocational Training and Skills System (SINAFOCAL). The Government indicates that the training given enables indigenous workers to generate their own income to support their families through the sale of products that they make, while abiding by the typical customs of their peoples. The Committee notes the indication that when the Department for Indigenous Affairs was established at SINAFOCAL, certain criteria were defined for devising training and skills courses for indigenous peoples. Accordingly, an inter-institutional working group was set up with various public sector stakeholders and non-governmental organizations (NGOs) engaged in work with indigenous peoples. The SNPP also indicates that it carries out its training courses in coordination with other national and local institutions, including the INDI. The Committee requests the Government to continue providing information on the vocational training and skills courses from which indigenous peoples have benefited, giving more details of the results achieved and the manner in which indigenous peoples have been consulted on the structure and functioning of the special training programmes placed at their disposal.

Part V. Articles 24 and 25. Social security and health. The Committee notes that indigenous communities have been incorporated into various social programmes, including the “Tekoporá programme” (a money transfer programme with joint responsibility, from which 7,941 families had benefited by the end of 2015); the “Programme of allowances for older adults in situations of poverty” (since 2009, a total of 3,727 indigenous persons have been able to access this programme through the INDI); and the “Tenonderã programme” for economic promotion and inclusion, under which a series of training activities have been held.

The Committee also notes the adoption of the Indigenous Health Act (No. 5469) of September 2015 establishing the National Health Directorate for Indigenous Peoples (DINASAPI), which is responsible for implementing the national policy on indigenous health, and the National Health Council for Indigenous Peoples, a consultative and decision-making body involved in the design, formulation and implementation of DINASAPI policies, plans and projects. The purpose of the Act is to ensure access for indigenous peoples to health services and recognition of their own healthcare systems. The Committee welcomes the fact that the Act has been initiated by the indigenous communities which, through their representatives, have participated in its design and formulation and the fact that the National Health Council contains a representative of each indigenous people. Observing that there is a process for adopting regulations to implement the Act, the Committee requests the Government to provide information on the participatory process conducted in this respect. The Committee also requests the Government to provide information on the measures taken to ensure the effective implementation of the national policy on indigenous health and on the results achieved.

Part VI. Articles 26–31. Education and means of communication. Policies for indigenous children. In reply to its request for information on the activities of the Directorate for Indigenous School Education, the Government indicates that there are 678 educational institutions providing initial and basic school education (28,694 pupils), middle school education (1,761) and education for young persons and adults (1,528), with 1,801 teachers, of whom 53 per cent are indigenous. The illiteracy rate decreased from 51 per cent in 2002 to 37.6 per cent in 2012. Illiteracy is prevalent in rural areas and among the female population (42.7 per cent). The Committee notes the adoption of the Multilingual Education Plan for Indigenous Peoples in Paraguay (2013–18), the objective of which is to improve school education for indigenous peoples, guaranteeing quality education which is culturally relevant. The Government also indicates that in July 2016 the National Council for Indigenous Education was established, a body tasked with coordination, discussion and evaluation of the national system of indigenous education. The Council contains representatives from 11 of the 20 indigenous peoples present in the country. Policies will be discussed in this forum and new challenges for education will be identified. The Committee also notes that the INDI has granted bursaries to 170 indigenous higher education graduates.

The Committee requests the Government to provide information on the activities undertaken by the National Council for Indigenous Education, particularly on the steps taken to achieve the targets established in the Multilingual Education Plan for Indigenous Peoples in Paraguay (2013–18), and also on the evaluations of the impact produced by the measures taken in this field. The Committee also requests the Government to provide information on the results achieved in tackling illiteracy, with special emphasis on girls and women, and in teaching the languages most commonly spoken in the indigenous communities.