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

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

Part I. General policy. Article 1 of the Convention. Self-identification. With reference to the comments made in 2012, the Committee notes the results of the Third National Population and Housing Census for Indigenous Peoples, carried out in 2012. The Committee notes with interest the methodology used to allow indigenous peoples’ self-identification and that the preliminary figure for the indigenous population in Paraguay is 115,944 persons, which amounts to a significant increase in the identification of the indigenous population (87,099 indigenous persons were identified in 2002). There are 58,969 persons identified as indigenous in the eastern region of the country, and 53,879 in the western region.

Article 7. Participation, development projects and environment. The Government reiterates the indications provided by the Paraguayan Indigenous Institute (INDI) to the effect that meetings have been held and dialogue undertaken with indigenous leaders and representatives. The Directorate of Planning and Projects of INDI promotes productive work for indigenous families in accordance with the plans established on a case-by-case basis with those families. The Committee requests the Government to provide specific examples of the manner in which indigenous communities have been able to decide their own development priorities. Please also provide examples of studies carried out to access the socio-cultural, spiritual and environmental impact of development projects on indigenous peoples and the manner in which the indigenous peoples concerned have participated in such projects.

Articles 8 to 11. Customary law and administration of justice. The Committee notes the information provided by the Government on the training days organized for judges and the meetings with local authorities, trade union leaders and indigenous leaders on the Convention promoted by the Supreme Court of Justice, with the support of the ILO Office in Santiago, Chile. The Directorate of Ethnic Rights of the Public Prosecutor has also drawn up an intervention protocol to facilitate the activities of the units within the Public Prosecutor’s office. In specific situations, in combination with a technical team which assesses the cultural data of an indigenous community involved in a punishable act of family violence, it has been possible to find solutions in accordance with the customary law of the indigenous communities concerned. The Committee invites the Government to continue providing up-to-date information on court decisions which have applied indigenous customary law.

Part II. Article 14. Lands. With reference to its previous comments, the INDI reiterates that the restitution of lands is among the principal concerns of indigenous representatives. Indigenous leaders have expressed concern at the concentration of broad swathes of land in a few hands and the relocation of indigenous peoples from their ancestral lands. Further to the rulings of the Inter American Court of Human Rights, the Government provides information on the measures adopted to recuperate 10,700 hectares for the Kákmok Kásek indigenous community. Furthermore, measures were adopted for the benefit of the Yakye Axa indigenous community for the purchase of a ranch which formed part of its traditional lands. The Committee notes that the Government is assessing the possibility of providing alternative lands, as some of the measures taken by the INDI came up against obstacles and were paralysed. In this respect, the Government indicates that it is aware that the explicit acceptance by the indigenous community of alternative lands to those initially claimed is a difficult issue covered by Article 16 of Convention No. 169 and in section 14 of the Statute of Indigenous Communities. The Committee notes that the latest option considered was the submission in August 2013 of an expropriation Bill for the Sawhoyamaxa indigenous community of the Enxet people, and that the Bill is currently under examination. The Committee also notes that around 440 communities have been recognized with full legal personality to receive communal property title. The INDI estimates that around 60 per cent of communities possess title for communal property. According to information issued by a Project for the Regularization of Indigenous Lands, financed with resources from the Social Development Fund of Japan, the Escribanía Mayor de Gobierno (the national registry of public property) transferred some 128,013 hectares to various indigenous communities. The Committee requests the Government to provide updated information indicating the progress made in regularizing lands traditionally occupied by indigenous peoples and ensuring that full effect is given to the Convention. The Committee hopes that the report will contain information showing progress in relation to the expropriation measures that are being examined by the legislative authorities and the various judicial proceedings referred to by the INDI in its report.

Part III. Article 20. Recruitment and conditions of employment. The Committee welcomes the creation of the Directorate of Indigenous Labour, under the General Directorate of Labour (Decision No. 642 of 29 July 2013), the functions of which include establishing objectives and policies for the labour rights of original peoples. The Government adds in its report that the Comprehensive Act to combat trafficking in persons (Act No. 4788 of 3 December 2012) is in force. The Committee notes the detailed information provided on the activities of the Commission on Fundamental Labour Rights and the Prevention of Forced Labour and on the workshops held with the social partners and indigenous organizations in areas where there may be indigenous victims of trafficking, forced labour or child labour. The Government provided a detailed summary of the cases resolved by the Regional Labour Office of Teniente Irala Fernández (department of Presidente Hayes) involving indigenous workers and the list of inspection orders implemented by the Regional Office in various establishments. The Committee refers to its comments on the abolition of forced labour and the elimination of child labour, as well as the tripartite discussion on Convention No. 29 held in the Conference Committee in June 2013. The Committee encourages the Government to continue to adopt measures for the elimination of forced labour and discriminatory treatment against indigenous peoples in the country, and especially in Mennonite ranches and communities (Eastern region). The Committee requests the Government to continue providing information in its next report on Convention No. 169 on the activities of the Directorate of Indigenous Labour and the Regional Labour Directorate of Chaco, and the support received by the representatives of the social partners and of indigenous organizations to ensure the application of the provisions of Convention No. 169 on recruitment and conditions of employment, the solutions adopted and the penalties imposed.

Part IV. Articles 21–23. Vocational training. The Government indicates that dialogue was sought with indigenous organizations for the establishment of an Office of Indigenous Affairs in the National Vocational Training and Skills System (SINAFOCAL). The Government also provides information on the granting of 300 training certificates for courses organized by the National Vocational Promotional Service, with the support of the private sector. The Committee invites the Government to continue providing information on the manner in which indigenous peoples have participated in SINAFOCAL programmes and those of the National Vocational Promotion System.

Part V. Articles 24–25. Social security and health. The Committee notes the detailed information on the most important activities carried out by the Directorate of Indigenous Health (DSI) in 2012 and 2013. The Committee notes that 169 family health units provide care directly to 536 indigenous communities within the territory of each community. A total of 49 health promoters, three auxiliaries and a qualified nurse, all indigenous, have been recruited and assigned throughout the various departments. In Itaipú, the DSI also participates in working groups covering health care for indigenous persons over the three borders. The Committee invites the Government to provide information on the measures adopted to extend the coverage of social security schemes to indigenous communities. Please continue to provide updated information on the activities of the Directorate of Indigenous Health. The Committee reiterates its request to the Government to provide information on the impact of Act No. 3050 of October 2006 creating a system of mutual hospital assistance for medical and specialized care for the indigenous population of Chaco.

Part VI. Articles 26–31. Education and means of communication. Policies for indigenous children. In reply to its previous comments, the Committee notes the summary of the activities of the Directorate of Welfare Promotion for Children and Youth of Original Peoples, under the National Secretariat for Children and Youth. In the context of the National Plan for Early Childhood, measures have been taken for the benefit of girls and boys of original peoples. The Committee invites the Government to continue providing up-to-date information on the impact of the measures taken by the Directorate of Welfare for Children and Youth of … Peoples (Article 29). Please also provide information on the activities of the Directorate General for Indigenous School Education to combat illiteracy and teach the languages most commonly used in the groups to which they belong (Article 28).

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