A/HRC/55/51/Add.1
several testimonies, he observed that there was a lack of empowerment and self-recognition
by Afrodescendent peoples themselves, since most of them were not aware that they belonged
to the Afrodescendent community and that they were a minority group in Paraguay.
Moreover, many Paraguayans apparently continue to be unaware that Afrodescendent
peoples even exist in the country, assuming that they are from neighbouring countries or even
the United States of America or from Africa. He heard testimonies of discrimination
regarding employment opportunities, bullying at school and the existence of hate speech.
36.
Even though these matters affecting the Afrodescendent communities seem to have
begun to be addressed through recent initiatives, such as the above-mentioned Law
No. 6940/2022, they have not been enough. The law itself has been the object of criticism by
the communities, even during the elaboration process, despite the eventual inclusion of its
enforcement mechanism establishing a new process to punish racism and racial
discrimination. The Afrodescendent communities blame lack of transparency and lack of a
more inclusive consultation process in the drafting of the law, indicating that the consultation
should have comprised the participation of representatives of all Afrodescendent
communities in Paraguay, since the communities themselves are not homogeneous. They
also lamented that there was no public hearing. Those have been the main reasons for the
feelings of frustration and impotence among members of Afrodescendent communities.
37.
The Special Rapporteur noticed that, despite the mechanisms of prevention and
punishment, Law No. 6940/2022 does not set up a concrete apparatus for the implementation
of penalization against discriminatory and racist acts; it would supposedly be created by a
regulatory decree. Moreover, members of Afrodescendent communities also claim that the
law remains silent about any compensation for the damages of historical injustices suffered
by Afrodescendent people.
38.
The process to elaborate and adopt the implementing decree to regulate Law
No. 6940/2022,37 the draft of which is still before the President of the Republic for signature,
has also been viewed with mistrust. The regulatory decree would provide the final shape and
would ultimately define the penalties to be established for the enforcement of the mechanism
against racism and racial discrimination prescribed in law.
National registry
39.
Drafters of Law No. 6940/2022 also envisaged the creation of a national registry to
count those who identify as Afrodescendent people under the authority of the National
Institute of Statistics, which is in charge of its organization and regulation.38 During his visit,
the Special Rapporteur heard grave concerns, and strong sentiments of distrust emerged,
owing to the last minute exclusion of questions in the category of Afro-descendant people in
the national census conducted in 2022, a decision which was perceived by members of
Afrodescendent communities as lacking transparency.
40.
The national registry has been perceived with concern by some members of
Afrodescendent communities, who fear being placed in a sort of “blacklist” by identifying
themselves as part of this community. On the one hand, members of Afrodescendent
communities consider that the registry could be a tool for recognizing the presence of
Afrodescendent people in Paraguay and that it could make them visible to public and private
entities supporting their inclusion in public policies. On the other hand, they consider that the
concept of the national registry has never been clear, and the lack of accuracy and
transparency provoke fear and uncertainty within communities. Moreover, there is no
indication as to when or how these data would be collected or any guarantee as to how and
by whom it could ultimately be used.
41.
The Special Rapporteur expresses his concern about the exclusion of questions about
Afrodescendent identity from the 2022 national census. He deems that this could have been
better handled and that it is unfortunate, even unacceptable, to exclude the identification of
this community from the census, given that future policy will often be based on the data
37
38
GE.23-23380
Article 11 enumerates that the Executive Power, through the National Secretariat of Culture, will
regulate this law within a period of 90 days from its publication.
Art. 10.
9