Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Other comments on C169

Observation

Direct Request

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The Committee notes the observations of the Central Confederation of Workers–Authentic (CUT-A), received on 30 August 2021.

Article 1 of the Convention.Identification of peoples covered by the Convention. The Committee notes the Government’s indication that programmes have been launched to register persons belonging to indigenous communities and issue them with identity documents, so that they can effectively exercise their civil and political rights. Furthermore, in coordination with the Paraguayan Indigenous Institute (INDI), ethnic affiliation documents are being issued to communities throughout the country, with the aim of providing the INDI with data enabling it to plan and implement initiatives to increase access for indigenous peoples to basic public services and social programmes. The Committee notes that, according to the information published on the official website of the National Institute of Statistics (1 September 2022), it is planned to conduct a new national population and housing census with the aim of collecting information on the size and composition of the population, as well as its spatial distribution, in order to improve government plans, programmes and projects.

The Committee welcomes the measures adopted by the Government to identify and register persons belonging to indigenous peoples as an essential step for ensuring their enjoyment of the rights recognized by the Convention and the effectiveness of the national policies targeting indigenous peoples. In this regard, the Committee requests the Government to provide information on the number of persons belonging to indigenous peoples who have benefited from the programmes implemented for registration and for the issuing of identity documents, and also on the results of the new national population and housing census, indicating the areas where the indigenous population is most concentrated.

Article 3. Human rights. Discrimination. The Committee notes that the “National Plan for Indigenous Peoples” (PNPI) provides for the formulation and implementation of a policy to protect indigenous peoples and individuals against any form of discrimination in all spheres (including work, education, healthcare and access to basic services), as well as for the drafting of a law against discrimination that includes provisions for the protection of indigenous peoples. The Committee also notes that the Ministry of Justice has carried out a consultation process with regard to the formulation of the third “Plan of Action on Human Rights”. The Committee requests the Government to continue providing information on the measures taken to combat discrimination against indigenous peoples, including information on progress relating to the adoption of: (i) a policy for the protection of indigenous peoples and individuals against all forms of discrimination; (ii) an anti-discrimination law; and (iii) a new “Plan of Action on Human Rights” which addresses the situation of indigenous peoples.

Article 18. Protection against intrusion into land. Peoples in voluntary isolation. With regard to the situation of the Ayoreo Totobiegosode indigenous people in voluntary isolation, the Committee notes the Government’s indication that since 2017 a number of meetings, both plenary and ad-hoc, have been held with representatives of this people in order to reach an amicable solution regarding the protection of their ancestral territory and the implementation of environmental safeguards. These negotiations have resulted in: (i) the transfer of 18,000 hectares to the community; (ii) investigations and monitoring of possible interventions by third parties in forests located in the community’s territories; and (iii) the provision of health and education services for the Totobiegosode Chaidi settlement. Moreover, approval was given to the “Protocol on action, prevention and contingencies for indigenous peoples in situations of isolation and/or initial contact in the Ayoreo Totobiegosode natural and cultural heritage area (PNCAT) in the department of Alto Paraguay in the Paraguayan Chaco”. The Protocol envisages the implementation of actions aimed at avoiding and/or alleviating any impact or effect on the PNCAT that would jeopardize the cultural and physical survival of the Ayoreo people, and the establishment of a monitoring system to provide timely information on events in the PNCAT.

Articles 20 and 21. Access to employment and vocational training. The Committee notes the Government’s indication that the Ministry of Agriculture has been implementing plans and investment to support indigenous families in agricultural undertakings, benefiting 77,411 families. An agreement was also signed in 2019 between the Ministry and the Agricultural Credit Institute (CAH) to improve family agricultural entities run by peasant farmers (campesinos) and by indigenous persons in the eastern region of the country with a view to their integration in the value chain. With regard to vocational training, the Government states that between 2016 and 2019 a total of 1,610 persons belonging to indigenous communities were trained and received certification. Training courses provided were geared to the labour needs of the region. The Committee requests the Government to continue providing information on the tailor-made programmes implemented to meet the needs of persons belonging to indigenous communities which seek to promote their access to employment and vocational training, indicating in what manner these communities cooperate in the formulation of these programmes.

Article 26. Education. The Committee previously noted the Government’s efforts to reduce the illiteracy rate among indigenous populations, including through measures to promote intercultural education. The Committee notes that, according to the PNPI, illiteracy still affects 37.6 per cent of indigenous persons over 15 years of age (42.7 per cent of indigenous women and 32 per cent of indigenous men). It also notes the Government’s indication that profiles and duties have been established for community teachers in indigenous schools to ensure that education in indigenous communities functions in such a way as to maintain the identity of the peoples concerned. The PNPI also envisages establishing a budget for the operationalization of the Directorate of Indigenous School Education and implementation of teacher training programmes with an intercultural focus. The Committee requests the Government to intensify its efforts to reduce illiteracy among indigenous persons over 15 years of age and to keep it informed of the results of the measures taken in this regard. The Committee hopes that the Directorate of Indigenous School Education will have a positive impact on ensuring access to education for indigenous children and young persons which takes account of their cultural identity, and requests the Government to provide information on the functioning of the Directorate.

Articles 24 and 25. Health and social security. The Government indicates that in May 2018 the “Handbook on the structure and functions of the National Health Directorate for Indigenous Peoples (DINASAPI)” was approved. In 2019, with the support of the Pan American Health Organization (PAHO) and the World Health Organization (WHO), a campaign was conducted to publicize the importance and scope of Act No. 5468/15 on indigenous health. The Committee notes that the CUT-A indicates that the mutual hospital support (AMH) system for the indigenous population of Chaco (established by Act No. 3050 of 2006) provides fewer and fewer services and that the primary health needs of the workers covered by this scheme are not being met. The Committee requests the Government to provide information on the functioning of the National Health Directorate for Indigenous Peoples, indicating the measures taken, in cooperation with the indigenous peoples, to guarantee their access to adequate health services. The Committee also requests the Government to provide information on the measures taken to ensure that indigenous peoples benefit from protection schemes which meet their basic health needs.