A/HRC/55/51/Add.1
23.
Paraguay has an important specific legal framework on Indigenous Peoples, such as
Law No. 904/81 on the Statute of Indigenous Communities, Law No. 234/93 ratifying the
Indigenous and Tribal Peoples Convention, 1989 (No. 169), of the International Labour
Organization (ILO) and Law No. 5469/15 on Indigenous health. The Special Rapporteur
commended the Government of Paraguay for the very recently enacted Law No. 7008/2022
on Indigenous languages, which created the National Commission for the Strengthening,
Promotion and Valourization of Indigenous Languages (Comisión Nacional para el
Fortalecimiento, la Promoción y la Valorización de las Lenguas Indígenas), drawing special
attention towards Indigenous languages, and in complementarity with Law No. 4251/2010
on languages, which has the purpose of providing appropriate measures to promote and
guarantee the use of Indigenous languages of Paraguay.17 The Law on languages also stressed
that the Guaraní language, as one of the official languages according to the 1992
Constitution,18 would be used in all public institutions, be the object of special attention by
the State, as a sign of the cultural identity of the nation and an instrument of national
cohesion.19
24.
The Special Rapporteur also commends other legislation, such as Law No. 3231/2007,
which is aimed at ensuring the literacy of Indigenous Peoples in the mother tongue, and the
recent Law No. 6530/2020 and its implementing decree, which is aimed at regularizing all
matters related to teaching in sign languages.
25.
The country also needs to be commended for the recently enacted law addressed to
the communities of Afrodescendent people, Law No. 6940/2022. The law represents an
important step and indicates progress made in recognizing the Afrodescendent minority
community in the country and in adopting legislation to combat racism and racial
discrimination. While providing the definitions of racial discrimination, racism and race, 20
the law has the purpose of recognizing, valuing and dignifying the Paraguayan
Afrodescendent population and people of African descent who live within the national
territory who have historically been victims of racism and discrimination.21 The new law also
provides a framework for what can be considered as discriminatory and racist acts towards
Afrodescendent peoples and condemns hate speech against Afrodescendent peoples,
considering racist act as the dissemination by any means of ideas based on racial superiority
or hatred.22 The law also provides for a mechanism of punishment against the discriminatory
and racist acts, with penalization by fines. It establishes the National Secretariat of Culture
as the organ responsible for the implementation of the law, which has the mandate to prepare
a national plan for the promotion, encouragement and protection of human rights. The plan,
in the public sphere, is addressed to members of the Paraguayan Afrodescendent population
and people of African descent to coordinate working groups with the national authorities,
Afrodescendent civil associations and members of academia for the elaboration of a strategy
in the curricular approach and to apply the sanctions.23
26.
The Special Rapporteur considered impressive the legal and constitutional framework
of Paraguay for advancing human rights, in particular in recent years. Nevertheless, the
framework did not protect the full range of human rights, which Paraguay had accepted as an
obligation when it ratified the human rights treaties. The framework also did not provide
direct, or only very limited, remedies for individuals whose human rights might not be fully
respected. He noticed that there was no general or comprehensive national human rights
framework and mechanism to ensure that any person whose human rights were violated had
an effective remedy, as was required under many of the human rights treaties ratified by
Paraguay. There is instead a scattering of legal and administrative structures in place, such
as the Human Rights Directorate of the Public Prosecutor or the General Directorate of
Human Rights of the Ministry of Justice, which are not necessarily well known, understood
17
18
19
20
21
22
23
6
Art. 1.
Art. 140.
Art. 3 of Law No. 4251/2010.
Art. 3.
Art. 2.
Art. 7 (b).
Art. 4.
GE.23-23380