A/HRC/55/51/Add.1
recent years, including the national plan for Indigenous Peoples 48 and Decree No. 1039/18,
by which the Protocol for the Process of Consultation and Free, Prior and Informed Consent
with Indigenous Peoples that live in Paraguay was approved. In 2020, Law No. 6615/2020
was enacted to expropriate 219 hectares of land in favour of the Paraguayan Institute for
Indigenous Peoples for the posterior adjudication by the latter to the Y’Akâ Marangatú
Indigenous community. This was following a 25-year battle by the community to gain title
to their ancestral lands to fulfil the Friendly Settlement Mechanism agreed to as part of a
process in the Inter-American Commission on Human Rights.49
56.
Nevertheless, the Special Rapporteur noticed that the implementation of agreements
or decisions of the regional human rights mechanisms to protect Indigenous Peoples’ lands
does not always occur, even if the Supreme Court of Justice has a Direction of Human Rights
in charge of follow-up the decisions of these mechanisms. As it was the case of the
Ayoreo-Totobiegosode People, for whom most of their lands were occupied by ranching
companies exploiting their natural resources. The exploitation rendered these lands
uninhabitable for the Ayoreo-Totobiegosode People, whose subsistence lifestyle is much
connected to their culture, but was also contrary to a 2016 decision of the Inter-American
Commission on Human Rights, granting precautionary measures to the
Ayoreo-Totobiegosode People, while considering them in serious and urgent situation.50
57.
The Special Rapporteur recalls that land issues remain for Indigenous Peoples
essential matters for their culture, traditions, traditional livelihoods and special relationship
with their territories, and they should be understood in this context.51 While recognizing the
Indigenous Peoples as a minority group in Paraguay, Human Rights Committee concluded
that the protection of the right to their traditional lands was directed towards ensuring the
survival and continued development of the cultural identity. 52 Moreover, the special
connection with their lands should be understood within the notions of “home” and “privacy”
under the protection of article 17 of the International Covenant on Civil and Political Rights,
on the right to privacy.53
58.
In addition to the conflict surrounding lands, the Special Rapporteur was informed
that, in recent years, there has been a trend of an increase in forced evictions affecting
Indigenous Peoples. There have also been disturbing situations where a previous protocol on
evictions in place to avoid violence around evictions has been disregarded. Moreover, with
the adoption of new legislation (Law No. 6830/2021), which increased the punitive measures
for the invasion of property, the evictions of Indigenous communities have increased,
together with a significant rise in protests, both peaceful and violent.
59.
From 2020 to 2021, there was an increase of more than 330 per cent in violent clashes
related to evictions and land conflicts.54 There were at least 14 deaths in the past five years
and at least 99 injuries between security officials and civilians, including children, women,
older persons and persons with disabilities. These are initial estimates based on the data
analysed and reports.55 Some estimates suggest that between 2 per cent and 3 per cent of the
48
49
50
51
52
53
54
55
GE.23-23380
Decree No. 5897/21, see
https://www.indi.gov.py/application/files/4816/2463/4540/Plan_Nacional_Pueblos_Indigenas__digital_compressed.pdf.
Inter-American Commission on Human Rights, Report No. 256/20, Petition No. 747-05, Indigenous
community Y’Akâ Marangatú of the Town Mbya (Paraguay), 28 September 2020.
Inter-American Commission on Human Rights resolution 4/2016, Cautelar Measure No. 54-13
“Object on communities in voluntary isolation of the Ayoreo Totobiegosode people in Paraguay”,
3 February 2016.
Human Rights Committee, Oliveira Pereira and Sosa Benega v. Paraguay
(CCPR/C/132/D/2552/2015), paras. 8.5 and 8.6.
Ibid., para. 8.6.
Ibid., para. 8.4.
Presentation of the OHCHR Regional Representative for South America at the thematic hearing on
the situation of forced evictions and agrarian policies in Paraguay, within the framework of the
183rd Period of Sessions of the Inter-American Commission on Human Rights, 17 March 2023,
available at https://www.oas.org/es/cidh/sesiones/?S=183.
Presentation of the OHCHR Regional Representative for South America, 17 March 2023.
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