Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the Government’s report for the period ending 2013, and the information annexes, received in January 2014, including a detailed report from the Paraguayan Indigenous Institute (INDI). The Committee also notes the documentation provided by the INDI to the Office technical assistance mission in October 2014.

Articles 2 and 6 of the Convention. Coordinated and systematic action. Prior consultation. With reference to the concern expressed by the International Organisation of Employers (IOE) in August 2013 at the negative consequences for business that may arise from the failure to comply with the obligation of consultation, the Government indicates that the Strategic Plan of the INDI promotes multidisciplinary cooperation among various governmental sectors. The INDI indicates that a publication prepared with the support of the United Nations in the country containing “basic guidance for the work of public officials in relation to indigenous peoples” constitutes a working tool to improve the implementation of plans and programmes for indigenous peoples. The INDI also refers in the report to a Bill on the right of indigenous peoples to prior consultation which the Office of the Ombudsman submitted to the Legislative Authority in April 2013. The Committee also notes that, following up on the discussions in the National Congress on the need to amend the Statute of Indigenous Communities (Act No. 904 of 1981), an information meeting was planned with the participation of representatives of indigenous centres and experts on indigenous matters, as well as representatives of the various government sectors concerned. In this respect, the Committee notes the official statement by indigenous peoples, reproduced in the INDI report, calling for respect for their lands and natural resources and demanding public policies which promote their political, economic, social and cultural rights. Indigenous leaders have indicated the existence of irregular practices which are in violation of the right to consultation and previous, free and informed consent, as recognized by Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples. In this connection, the Committee notes that in August 2014 indigenous representatives formally communicated to the National Congress their disagreement with the Bill as they considered that it had not been the subject of consultation and they called for it to be shelved as it had not been discussed with the indigenous organizations. The Committee recalls the requirement set out in the Convention to ensure the effective participation of indigenous peoples in agencies, such as the INDI, administering programmes affecting them (Articles 2 and 33 of the Convention) and the establishment of appropriate procedures for prior consultation with a view to the effective participation of indigenous peoples in measures which may affect them directly (Articles 6 and 7). The Committee invites the Government to respond to the indigenous organizations’ concerns in relation to the legislative bills on prior consultation and the amendment of the Statute of Indigenous Communities, as well as to ensure that the indigenous peoples are consulted with regard to the corresponding legislative process. Please also include information on the activities of the INDI in the context of Decision No. 2939/2010, which established the requirement to seek the intervention of the INDI in all consultation processes with indigenous communities.

Article 15. Natural resources. Forestry undertakings. Intrusions. The Committee requested information on the measures adopted in response to the allegation of “obvious plundering” observed in environmental and forest management in lands assigned to indigenous communities. The Committee notes the information provided by INDI to the concern expressed by the Single Confederation of Workers–Authentic (CUT–A) in August 2012 at cases of the occupation of the lands of indigenous communities by “landless rural people”, who have extracted wood and engaged in deforestation. The INDI refers to Decision No. 080/013, of 21 January 2013, which established a project for the sustainable use of the components of biological diversity by indigenous communities. The Committee once again requests the Government to describe the measures taken by the Office of the Public Prosecutor’s Environmental services, INDI and other competent government agencies to ensure the protection of the rights of indigenous peoples to the natural resources existing on their lands, including their right to participate and to be consulted concerning the use, management and conservation of these resources. The Committee also requests the Government to provide information on the measures taken concerning the occupation of lands of indigenous communities by “landless rural people”.

Article 16(4). Relocation. With reference to the comments that it has been making for many years, the Committee notes with interest that the INDI issued Decision No. 023/013, dated 14 January 2013, recognizing the damages suffered by the Mbaya Guaraní people in the departments of Itapúa, Caazapá and Misiones with the construction of the Yaciretá hydroelectric dam and recommended that effect be given by the State of Paraguay to the claim for reparation and compensation made by the indigenous community. The Committee also notes that INDI also issued Decision No. 120/013, dated 5 February 2013, recognizing the historical debt of the State of Paraguay to the other Guaraní indigenous communities in the Paraná area affected by the construction of the Itaipú hydroelectric dam and the validity of the claims for damages and prejudice. The Committee invites the Government to provide detailed information on the measures adopted for the relocation and compensation of the Mbaya Guaraní and Ava Guaraní communities in the Paraná area affected by the construction of the bi-national Itaipú hydroelectric dam. Please also indicate the results of the call made to public, national, bi-national and regional agencies to give effect to the decisions of the INDI referred to above and to ensure effective compliance with the Convention.

Article 32. Contacts and cross-border cooperation. Indigenous peoples in voluntary isolation. The Committee notes the information provided by the INDI on the Ayoreo Totobiesgosode indigenous community, located in the centre of the department of Alto Paraguay. The Committee welcomes the measures taken by the Directorate of Ethnic Rights of the Office of the Public Prosecutor to denounce acts of deforestation in areas in which the presence has been identified of members of the Ayoreos Totobiesgosode community in voluntary isolation. The Committee invites the Government to provide information on the results of the measures adopted in the context of the “Protocol on joint action in cases of unexpected sightings or meetings with indigenous communities that are out of contact located in the western region or the Chaco”. Please indicate whether international agreements have been concluded to facilitate contacts and cooperation between indigenous peoples which live across borders.

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

[The Government is asked to reply in detail to the present comments in 2016.]