A/HRC/55/51/Add.1
or available to the public and which may not provide remedies for victims of human rights
violations.
27.
Eight years after the Human Rights Committee expressed its concern in 2014 about
the lack of a comprehensive anti-discrimination legal framework,24 the Special Rapporteur
noticed that, in terms of legislation, there is still no general human rights act, and more
specifically no comprehensive anti-discrimination legal framework. Like other United
Nations human rights experts,25 he is concerned about the persistent discrimination suffered
by women, persons of African descent, Indigenous Peoples and persons with disabilities and
the high level of impunity regarding hate crimes against those groups. He stresses that
Paraguay had received several recommendations in the context of the universal periodic
review, in 2021, including the need for a national law against all forms of discrimination.
The Special Rapporteur notes that the draft law against all forms of discrimination had been
pending at the legislative level since 2015.26
3.
Institutional framework
28.
The Special Rapporteur stresses that there is an institution dedicated to matters
concerning Indigenous Peoples, namely, the Paraguayan Institute for Indigenous Peoples. It
is an autonomous entity with a legal personality and its own assets, with a broad regulatory
framework to govern its operations.27 The Institute’s relationships with the Executive Branch
are to be maintained through the Ministry of Education and Sciences, which has autonomy
to establish direct links with other branches of the State or agencies of the national
Government.28
29.
The Special Rapporteur also highlights the Office of the Ombudsman, the Defensoría
del Pueblo de Paraguay. It was created under the Constitution 29 in order to respond to some
degree in cases of human rights violations. The Ombudsman’s role, also established in the
Constitution, is to serve as a parliamentary commissioner in the defence of human rights,
channelling popular claims and professing communities’ interests. It can receive and
investigate denunciations, complaints and claims against violations of human rights and
request information from the authorities at various levels, including the police and security
agencies in general.30
30.
Despite all its potential and its vital role in the safeguarding of human rights, the
Office of the Ombudsman has not been deemed fully compliant with the principles relating
to the status of national institutions for the promotion and protection of human rights (the
Paris Principles). In the establishment of the office, there were considerable delays in the
process to name the first Ombudsman. 31 During the most recent review by the
Sub-Committee on Accreditation of the Global Alliance of National Human Rights
24
25
26
27
28
29
30
31
GE.23-23380
CCPR/C/PRY/CO/4, para. 14.
Ibid.
See http://silpy.congreso.gov.py/web/expediente/106146 (in Spanish).
Law No. 904/81 on the Statute of Indigenous Communities, by which Paraguayan Institute for
Indigenous Peoples was created; Law No. 234/93 ratifying the Indigenous and Tribal Peoples
Convention, 1989 (No. 169), of the International Labour Organization; Law No. 2199/03, which
provides for the reorganization of the collegiate bodies in charge of the Direction of Companies and
Entities of the Paraguayan State, art. 11 of which modifies several articles of Law No. 904/81; Decree
No. 1039/18 whereby the Protocol for the Process of Consultation and Free, Prior and Informed
Consent with the Indigenous Peoples inhabiting Paraguay was approved; and Decree No. 8545/06 by
which the Registry of Leadership and Legal Personality of Indigenous and Indigenist Organizations
dependent on the Paraguayan Institute for Indigenous Peoples was created.
Although the Paraguayan Institute for Indigenous Peoples must have its legal domicile in Asunción, it
may also have regional offices. At present it only has offices in Asunción.
Article 276 of the Constitution states that the Ombudsman is a parliamentary commissioner whose
functions are the defence of human rights, the channelling of popular claims and the profession of
community interests. In no case shall he or she have judicial function or executive competence.
Other duties and attributions are established by law, specifically Law No. 631/95, Organic Law on the
Ombudsman’s Office.
The Congress adopted the Organic Law of the Office in 1995, but it was not until 2001 that the first
Ombudsman was named.
7