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

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

The Committee recalls that in 2006 the Conference Committee on the Application of Standards urged the Government to take measures to enable it to send full information on the questions raised by the Committee of Experts on a regular basis. In 2008 the Committee noted with regret that the Government’s report had not been received and therefore repeated its previous comments. Noting that the Government’s report was received in September 2009, the Committee hopes that the Government will continue its efforts to provide regular reports.

Article 20 of the Convention. Recruitment and conditions of employment. The Committee refers to its previous comments concerning discrimination relating 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 conclusions of the report on the Mission to Paraguay by the United Nations Permanent Forum on Indigenous Issues in 2009 that a system of servitude and forced labour exists in the Chaco region. It notes the Government’s indication that the Ministry of Justice and Labour has established, under Resolution No. 230 of 2009, a tripartite committee, the Committee on Fundamental Rights at Work and the Prevention of Forced Labour, which has been entrusted with the task of drawing up an action plan on fundamental rights at work and the prevention of forced labour involving the participation of the Paraguayan Indigenous Institute (INDI). Furthermore, it notes that in September 2008, the Regional Labour Directorate opened an office in the town of Teniente Irala Fernández (Chaco region). It also notes that the eradication of forced labour is one of the priorities of the 2009 Decent Work Country Programme and that the Decent Work Country Programme includes the promotion of the Convention. The Committee requests the Government to provide further information on the implementation of the above action plan and its impact on the eradication of forced labour involving indigenous peoples, including information on the extent to which the indigenous peoples concerned were consulted and participated in the development of that plan. Furthermore, the Committee requests the Government to provide information on the results of the inspections carried out by the Office of the Regional Labour Directorate for the Chaco region, the action taken and penalties imposed, and on any other initiatives undertaken by that Office with the aim of eradicating forced labour of, and discrimination against, indigenous peoples, particularly those working on ranches or in Mennonite communities. The Committee also refers to its comments under the Forced Labour Convention, 1930 (No. 29).

Articles 2, 6, and 33. Coordinated and systematic action and consultation. The Committee notes that, according to the Government’s report, the INDI can rely on the collaboration of a series of indigenous organizations and the support of several coordinating bodies, such as the Coordinating Committee for the Self-Determination of Indigenous Peoples (CAPI). In this regard, the Committee notes that in April 2009, the CAPI drew up, with the participation of 15 indigenous organizations, a series of “proposals for public policies on indigenous peoples”. It also notes the creation under Decree No. 1945 of the National Programme on Indigenous Peoples (PRONAPI) coordinated by the INDI, under which, according to the report, consultations will be held with indigenous peoples so that they can define their own needs. The Committee understands that based on the outcome of the consultations held in the context of the PRONAPI and on the CAPI initiative, an indigenous policy could be defined and a legislative reform carried out which includes the creation of a State body on indigenous affairs with the participation of indigenous peoples with regard to both its definition and composition. Noting the various organizations which collaborate with the INDI and its different coordinating bodies, the Committee emphasizes the importance of institutionalizing the participation of the peoples covered by the Convention in devising, implementing and overseeing the public policies which affect them, in accordance with Articles 2 and 33 of the Convention. The Committee requests the Government to provide information on the outcome of the consultations held in the context of the PRONAPI and on the CAPI initiative and on any resulting initiatives relating to legislative reform, including with regard to the institutionalization of indigenous participation. Noting that the Executive Authority’s Human Rights Network, created in June 2009, is competent to draw up a schedule of proposed measures, such as laws incorporating the international instruments ratified by the State, the Committee requests the Government to provide information on the initiatives undertaken by the Network in relation to the Convention and on the measures taken to ensure coordination with the INDI and the participation of the peoples concerned.

Article 14. Rights to land. The Committee notes that, according to the report on the Mission to Paraguay by the United Nations Permanent Forum on Indigenous Issues, 40 per cent of the indigenous communities in Paraguay still have no legal title to their lands. The Committee also notes that in July 2009, the Inter-American Commission on Human Rights filed an application with the Inter-American Court under Case No. 12420 concerning the land rights of the indigenous community Xákmok Kásek of the Enxet-Lengua People whose land claim has been pending since 1990. The Committee notes the information provided by the Government concerning the legislation in force with regard to land claims by indigenous communities and the difficulties encountered in practice due to their geographical dispersion and creation of new communities. The Committee also notes the indigenous land regularization project, which is based on an agreement signed between the INDI and the World Bank; implementation of which began in 2008. The Committee requests the Government to take all the necessary measures, including measures of a procedural nature, to make rapid progress, in consultation with the peoples concerned, with regard to the regularization of indigenous lands and requests it to provide information on the following:

(i)    the progress made in the context of the INDI/World Bank project in that regard;

(ii)   the initiatives undertaken by the Inter-Institutional Committee responsible for the implementation of the measures necessary to carry out international rulings (CICSI);

(iii) the particulars and the percentage of indigenous communities whose lands have still not been regularized.

The Committee also refers to its previous comments and requests the Government to provide information on the application of Acts Nos 1372/88 and 43/89 establishing a procedure for the regularization of settlements of indigenous communities, in particular with regard to resolving cases in which the land occupied is insufficient given the number of indigenous claims, and on the establishment of adequate procedures within the national legal system, in accordance with Article 14(3).

Article 15. Natural resources. With regard to the exploitation of forestry resources, the Committee notes that under Resolution No. 1324 of 2008, the INDI suspended indefinitely the application of Resolution No. 139/07 on environmental and forestry management in relation to lands assigned to indigenous communities until adequate consultations with indigenous peoples determine whether the Resolution concerned will be amended or repealed. The Committee notes that Resolution No. 139/07 was adopted with the aim of “curbing the obvious plundering taking place in several communities” and that it was suspended because “in many circles there is a confusion between the authorization to implement management plans and the plundering of forest resources”. The Committee requests the Government to provide information on the consultations held for the purpose of amending Resolution No. 139/07 in relation to lands assigned to indigenous communities and their outcome, and on the measures taken to protect the rights of indigenous peoples to the natural resources existing on their lands, including their rights to participate in the use, management and conservation of those resources. The Committee once again requests the Government to provide information on the penalties imposed by the Office of the Environmental Prosecutor at the request of the INDI in cases of ecological offences, and on applications submitted to the INDI by exploration companies seeking information on the existence of indigenous communities in certain areas of the country.

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

[The Government is asked to reply in detail to the present comments in 2011.]