A/HRC/55/51/Add.1
community, with the assistance of an interpreter, as envisaged in the Action Protocol for
Intercultural Justice of 2016,42 does not seem to be completely or extensively implemented.
51.
Even though the Special Rapporteur considers that it is premature to conclude what
will emerge in the coming years from the implementation of the National Commission for
the Strengthening, Promotion and Valourization of Indigenous languages, its content or the
work to emanate from the as yet to be created commission, he hopes that the recent law and
commission will enhance current programmes of the Paraguayan Institute for Indigenous
Peoples, the National Secretariat of Culture and the Supreme Court of Justice. He also hopes
that it will create opportunities for the promotion and preservation of Indigenous languages.
Furthermore, he hopes that the languages will be properly documented and catalogued and
that efforts will be made to support the languages’ presence and transmission and to expand
their use among the wider public.
52.
In this context, it is important to highlight that, pursuant the Constitution, Indigenous
schools can adopt the language of each community in their teaching system, while
incorporating their costumes and traditions and applying their own cultural patterns. 43 Such
Indigenous education would be ensured by the General Directorate of Indigenous School
Education, created under Law No. 3231/2007, and the Indigenous Education Council,
composed of representatives of Indigenous Peoples, representatives of the State and of
non-governmental organizations.44 Moreover, Law No. 3231/2007 also ensures literacy skills
development for Indigenous Peoples in their mother tongue, 45 and the Government of
Paraguay has been undertaking efforts to develop didactic materials accordingly. At present,
there are basic literacy education books in 15 Indigenous languages.
53.
Despite the good potential of this project46 and the rising school enrolment rates, the
Special Rapporteur noted that the attendance in school among Indigenous Peoples remains
very low, between three and four years, and the education system still has significant
qualitative deficiencies. Poor conditions of school buildings or improper, demotivated or
unprepared personnel related to the politicization of the education system and clientelist
networks for hiring teachers could be the reasons for low quality of education and the high
rate of school dropout among Indigenous pupils. In addition, the shortages of food and school
supplies for the students are one of the main challenges.47
54.
The adoption of a national plan of action for the revitalization and transmission of
Indigenous languages is therefore encouraged. The national plan should be elaborated in
consultation with Indigenous communities themselves and with the support and
collaboration, where possible, of relevant international organizations, including their
technical assistance and support. The plan would have the purpose of fully implementing
Law No. 3231/2007, better adapting schools to the context of each Indigenous community,
with the support of the General Directorate of Indigenous School Education, and better
addressing and allocating resources.
2.
Lands and forced evictions
55.
The Special Rapporteur noticed that land ownership, occupation and use are
extremely sensitive and difficult issues and at times also a legacy of the authoritarian period
of the history of Paraguay. There have been many noteworthy and positive developments in
42
43
44
45
46
47
12
Supreme Court of Justice, Protocolo de Actuación para una Justicia Intercultural, July 2016, p. 33
(in Spanish).
Arts. 62–67 and 140.
Formed on 2 September 2015. See Protocolo de Actuación para una Justicia Intercultural, p. 33.
Arts. 1 and 5 (e).
In 2022, there were 535 Indigenous schools in 19 Indigenous communities. See information available
at https://www.unicef.org/paraguay/comunicados-prensa/rescate-y-apropiaci%C3%B3n-cultural-enlas-escuelas-ind%C3%ADgenas-del-pa%C3%ADs (in Spanish).
Bertelsmann Stiftung, “BTI 2022 country report: Paraguay” (2022), p. 28. Available at https://btiproject.org/en/reports/country-report/PRY#pos9.
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