Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 169) relative aux peuples indigènes et tribaux, 1989 - Paraguay (Ratification: 1993)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes the information contained in the Government’s report, received in March 2006, the information provided by the Government to the Conference Committee on the Application of Standards in June 2006 and the ensuing debate, as a result of which the Committee on the Application of Standards urged the Government to adopt measures to enable it to send on a regular basis the information requested by the Committee of Experts. It emphasized the importance of providing information on the practical application of the Convention, in particular regarding the various aspects relating to the recruitment and conditions of employment of indigenous persons. It recalled the Government’s obligation to consult and ensure the participation of indigenous peoples with respect to measures that might affect them and it suggested that the Government should consider requesting further ILO technical assistance regarding the application of the Convention. The Committee notes that although all the information requested on the application of the Convention in practice has not been provided, the Government has made an effort to gather information in its report and to submit additional information during the Conference Committee on the Application of Standards. The Committee hopes that the Government will make efforts to provide its report on the application of the Convention within the established time limits and that, in particular, it will provide information on the application in practice of certain provisions indicated in the following paragraphs and the direct request. The Committee invites the Government to request the Office’s technical assistance with a view to examining possible solutions to the problems of application indicated in the Committee’s comments.

Recruitment and conditions of employment

2. Article 20 of the Convention. With regard to discrimination in relation to wages and treatment based on the indigenous origin of workers, particularly those working on ranches within the country and for Mennonite communities (which in certain cases constitute situations of forced labour), the Committee notes the Government’s indication that with the cooperation of the ILO, a field study was undertaken, which is summarized in the document entitled “Debt Bondage and Marginalization in the Paraguayan Chaco”. The study shows that the labour situation of indigenous communities in the Paraguayan Chaco is often a result of cultural issues. The Government adds that the document was subjected to tripartite analysis in seminars in which the participants included representatives of indigenous communities and that the Ministry of Justice and Labour dispatched labour inspectors to ascertain the situations described. The Committee notes with interest the Inter-Institutional Cooperation Agreement between the Ministry of Justice and Labour and the municipal authorities of Mariscal José Félix Estigarribia (the centre of the Paraguayan Chaco). Pursuant to the Agreement, a regional office of the General Directorate of Labour will be established to cover cases in the western region of the country, and the officials in that office will participate in radio programmes broadcast widely in the Chaco region to disseminate information regarding the labour rights of workers and employers inter alia. The Committee hopes that the Government will provide all the necessary means to the abovementioned office so that it is able to take effective action against discrimination and forced labour, and to ensure decent work for indigenous peoples. The Committee, in particular, asks the Government to keep it informed of the activities undertaken by the regional office to eliminate forced labour and discrimination and to give effect to Article 20 of the Convention and on the results and impact achieved in practice, particularly with regard to the situation on ranches and in Mennonite communities. Please also provide information on the number and outcome of inspections undertaken and the measures adopted as a result.

Consultation and participation – coordinated and systematic action

3. Article 6. Consultation. The Committee notes that according to the report, Act No. 2822, “the Statutes of Indigenous Peoples and Communities”, approved by the National Congress on 3 November 2005, which repealed Act No. 904/81, “Statute of Indigenous Communities”, was partially vetoed by the executive authority upon the proposal of the Paraguayan Indigenous Institute (INDI) and representative indigenous organizations on the ground that it contained unconstitutional provisions and violated the rights of indigenous communities recognized in the Constitution. It also notes the Government’s indication that Bill No. 2822 was the culmination of a process initiated in March 2004 in the context of the programme for the institutional strengthening of the INDI, during which consultations were held with indigenous peoples through workshops, personal interviews with indigenous leaders, working meetings and visits to communities. The process concluded with an Indigenous Congress held in March 2005, which issued guidance for more effective application and compliance with constitutional rights, including the amendment of Act No. 904/81, which gave rise to the submission of the above Bill to the National Congress without a final review by the representative indigenous organizations. In its previous comments, the Committee noted the communication of the National Union of Workers (CNT) received on 10 August 2001, according to which the Bill referred to above governs the operation of the institutions responsible for the national indigenous policy, and observed that the obligation of consultation had not been given effect. As the Government plans to adopt legislation governing the rights of indigenous peoples at the national level, the Committee hopes that the Government, in the process of the adoption of the legislation on indigenous rights, will comply with the requirement of prior consultation in accordance with Article 6 of the Convention. The Committee considers that the consultation and participation machinery envisaged in the Convention contributes to the progressive implementation of the Convention on indigenous peoples. It further considers that by engaging in genuine dialogue with these peoples on issues which affect them, progress will be made in the development of inclusive instruments which will contribute to reducing tension and increasing social cohesion. The Committee hopes that the Government will keep it informed regarding the measures adopted or envisaged to ensure consultation within the meaning of the Convention on the relevant legislative and administrative measures, and particularly with regard to the Bill vetoed by the executive authority.

4. Articles 2 and 33. Coordinated and systematic action with the participation of indigenous peoples. The Committee also wishes to draw the Government’s attention to the fact that Articles 2 and 33 of the Convention provide for coordinated and systematic action, with the participation of indigenous peoples, from the planning to the evaluation of the measures envisaged in the Convention. The Committee urges the Government to make every effort, in cooperation with the peoples concerned, to achieve progress in the implementation of these Articles. Indeed, the consultation envisaged by the Convention goes beyond consultation on specific cases and requires the whole system for the application of the provisions of the Convention to be implemented in a systematic and coordinated manner in cooperation with indigenous peoples. This presupposes a gradual process of the establishment of appropriate bodies and machinery for this purpose. The Committee requests the Government to provide information on the measures adopted in this respect.

5. Part VIII of the report form. The Committee, considering that the Convention is fundamentally an instrument promoting dialogue and participation, wishes to remind the Government that this point of the report form, approved by the Governing Body, indicates 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 asks the Government to indicate whether it is planning to hold such consultations.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.