Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

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

1.  The Committee notes that the report covering the period from 1 June to 1 September 1998 contains information of a general natsure but does not respond in full to the matters raised previously in various requests addressed directly to the Government. Shortly before the beginning of its session, the Committee received a new report with numerous annexes covering the period 1 June 1994 to 31 May 1998, which it will examine carefully next year, together with the Government’s response to the comments made at its present session and any additional comments which are made. The Committee wishes to draw the Government’s attention to the following points:

2.  Articles 9, paragraph 2, and 11, of the Convention.  The Committee notes the information provided by the World Confederation of Labour (WCL) in October 1997, under Convention No. 29, indicating that the working conditions of indigenous persons in ranches suggest an extensive practice of forced labour for the repayment of debts contracted in ranch shops in the purchase of basic foodstuffs and other products of primary necessity at exaggerated prices. This circumstance, combined with the allegation that wages are not paid or are paid at the end of the contract, would signify that in order to survive the workers would have to become indebted and are obliged to work to repay their debt. The information also refers to the ill-treatment suffered by indigenous workers in ranches. The Committee notes that the Government has not provided its comments on these allegations. The Committee therefore urges the Government to provide information on the comments transmitted by the WCL.

3.  Articles 13 to 19. Land.  The Committee notes that religious missions are delivering definitive title to property to certain indigenous communities and that the Paraguayan Indigenous Institute (INDI) had considered that the claims of the Lengua and Sanapaná indigenous communities to 40,000 hectares in "Quebrachales Puerto Colón" had been practically settled. The Committee once again requests the Government to provide detailed information on the manner in which the transfer of land from the missions to the indigenous communities is proceeding, and on whether the indigenous communities are required to pay compensation and which indigenous communities have benefited from these measures. Please also provide information in the next report on developments in the situation, including the activities of religious missions in this context, whether other non-governmental bodies have pursued such practices in the country and details of the different forms of land tenure prevailing in areas inhabited by indigenous peoples. Please also include information on the finalization of the agreement to resolve the case of indigenous communities in the area known as "Quebrachales Puerto Colón".

4.  Article 20. Recruitment and conditions of employment.  The Committee has received information on the working conditions of indigenous rural workers in Chaco, according to which their wages are only paid at the end of the year; it is alleged that numerous deductions are made for items including food, which in most cases is said to be over-priced. Moreover, discrimination has been alleged in remuneration, where the minimum wage for indigenous workers may be far lower than the level established by the law and non-indigenous workers earn more for the same type of work. Taking this information into consideration, and even though the Government has not ratified the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to provide information on the possibility of establishing adequate labour inspection services in areas where there is a high concentration of indigenous workers in order to monitor the working conditions of indigenous peoples, as envisaged in this Article of the Convention.

5.  The Committee is addressing a request directly to the Government on other matters.

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