Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

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

1. The Committee notes the Government's first report with interest. It also notes the main features given in the report on the development of national policy in relation to indigenous peoples. The Committee notes from the indications supplied that the Government has devoted much greater attention than in the past to the situation of these peoples and welcomes this fact.

2. In its latest comments on Convention No. 107, the Committee referred to various points which were not very clear and expressed the hope that it would receive a detailed report on the application of the Convention in both legislation and practice. The Committee notes that the Government's first report does not contain sufficient information to enable it to analyse comprehensively the conformity of national legislation and practice with all the provisions of the Convention. It therefore requests the Government to send detailed information on the points raised in the report form on the Convention and on the following matters.

3. Article 1 of the Convention. The Committee noted the Government's report on Convention No. 107 stating that a national census was carried out in 1992 which included an ethnic component. The Government observes that this census contained little information in regard to the indigenous component but that steps have been taken to identify ways of carrying out a specifically indigenous census. The Committee hopes that the Government will provide information on the possibility of carrying out such a census to determine exactly the size of the indigenous component in the country.

4. Articles 2 and 33. The Committee notes that the Paraguayan Indigenous Institute (INDI) has created a directorate for projects and development with which it hopes to implement a development planning policy for indigenous communities on the basis of proposals stemming from the communities. The Government lists a number of projects which are being carried out by the INDI which is conducting consultations with the indigenous communities likely to be affected. The Committee requests the Government to keep it informed on the consultation procedure being carried out with the indigenous communities and how their opinions are being taken into account where they are contrary to a development project likely to affect them.

5. The Committee hopes that the Government will communicate the INDI reports for 1990, 1991 and 1992, and the most recent reports which have been published.

6. The Committee noted that private entities provided reports on their activities in indigenous communities to the INDI (Council resolution No. 36/89) and that their collaboration and cooperation with the INDI is secured. However, it also notes indications that the relationship between the INDI and the religious missions has not been free of conflict. The Committee requested more information on the mechanisms for inter-institutional collaboration and cooperation among the various governmental, non-governmental and religious entities active in indigenous affairs, including how the INDI has acted on the reports provided to it.

7. Article 7. The Committee notes the information on development projects in the indigenous areas. It requests the Government to send information in its next report on any studies which have been carried out, with the cooperation of the peoples concerned, to assess the socio-cultural, spiritual and environmental impact of the projects prior to their implementation. Please also include information on any measures taken or contemplated to protect and preserve the environment of indigenous territories, devised with the cooperation of the peoples concerned.

8. Article 12. The Committee noted the activity of the INDI in providing legal services to the indigenous communities, detailed in the magazine INDI No. 2/1992. It requests the Government once again to continue to supply such information, including details of any judicial decisions where account has been taken of indigenous customary law in accordance with sections 5 and 6 of Act No. 904/81. Please also keep the Committee informed of the proposed training seminar on customary law for court magistrates.

9. Articles 13 to 18. The Committee notes the information detailing the Government's efforts to transfer property titles to indigenous communities. In this respect, the Government reports that gradually the missionary bodies are handing over definitive property titles to the indigenous communities. The Committee recalls that this practice has been under way for a number of years. It requests the Government to provide more details on how these land transfers are carried out, whether the indigenous communities are required to pay compensation and which indigenous communities have benefited from these measures. Please provide information in the next report in regard to future developments, 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 solve the issue of the area known as "Quebrachales Puerto Colón" by the indigenous communities.

10. The Committee recalls that in an earlier report on Convention No. 107, the Government stated that during 1991 there was a pronounced increase in the "invasions by landless peasants" of indigenous lands and that illegal settlers in Naranjito, Torreskue and Ka'ajovai have been ordered by the courts to leave the area. The Committee asks the Government to supply information on these judicial decisions and the effect given to them, including any measures taken by the Institute of Rural Welfare to restore the lands of the "Fortuna" community who lost the title to their lands to the Industrial Paraguayan SA company due to an administrative error made by the Institute. The Committee once again requests the Government to provide information on the development of this situation.

11. The Committee had noted that no large hydroelectric projects are planned which will affect indigenous communities, and hopes that the Government will provide information on the transfers of indigenous communities displaced by the Itaupú and Yacyreta dams, any mechanisms in place for paying compensatory damages for any loss or injury, and the amount of compensation actually received by the affected communities. Please also include information indicating the modalities for consulting the peoples concerned before their transfer. Once again, the Committee would be grateful to receive this information.

12. The Committee noted the information regarding the transfer of an additional 10,000 hectares to the Tobas-Maskoy community of Puerto Victoria. It had asked the Government to provide information in its first report on this Convention on any measures it has taken or envisaged to resolve similar problems in other indigenous areas in the country. The Committee would be grateful to receive this information in the next report.

13. Article 20. The Committee noted that the INDI took steps to ensure the coverage of the indigenous communities by the labour laws. The Committee noted with interest the new Labour Code of Paraguay (Act No. 213 of 1993) and requested the Government to provide information on the extent to which indigenous communities are included within its application, with particular reference to any special measures designed to facilitate their access to equal opportunities of recruitment and employment. Please also include information on the number and frequency of labour inspections in indigenous areas, with particular reference to the Mennonite settlements. The Committee would be grateful to receive this information.

14. Article 25. Please provide information on the measures taken or envisaged to improve health care facilities to indigenous communities, including incorporation of the traditional preventive care, healing practices and medicines of these communities.

15. Articles 21 to 24. The Committee noted the information in the Government's last report on Convention No. 107 indicating that the educational system is being restructured as a result of the constitutional recognition of Guaraní as an official language together with Spanish. The Committee requests the Government to provide detailed information on the measures taken to facilitate the access of indigenous children to educational institutions, based on their special needs, and which incorporate their history, knowledge, values and cultures.

16. Article 31. The last report on Convention No. 107 indicated that indigenous communities continue to face discrimination from other segments of the population. Please provide information on the measures taken or contemplated to overcome such prejudices by increasing awareness of and respect for indigenous cultures and traditions among the people with whom they come into contact, including governmental authorities.

17. The Committee noted that the Mbaracayú project has been regularized, and wishes to recall its request to the Government to send a copy of the above agreement as it has not received one with the present report.

Point VIII of the report form

18. The Committee wishes to recall that under this point of the report form, 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.