A/HRC/19/60/Add.1
1920s onwards, the Mennonites have increasingly become a socially and economically
powerful community. They now run large agro-industrial companies in large parts of the
Chaco. As a consequence of the Mennonites’ impressive economic success, however,
members of the indigenous population traditionally inhabiting the same region often find
themselves in a situation of unilateral economic dependency. This situation in turn renders
them vulnerable to the imposition of religious norms and practices, sometimes against their
will. Indeed, some Mennonites implicitly corroborated such allegations made by indigenous
individuals by expressing their convictions that moral trustworthiness, which they strongly
linked to the observance of Christian values, could be a legitimate criterion for employing –
or not employing – an indigenous person.
50.
Moreover, some missionary groups, such as the “People of God” or the “New Tribes
Mission”, are alleged to have exerted psychological pressure on members of indigenous
communities to completely abandon traditional religious rituals by threatening harsh
punishments in the hereafter. The aggressive methods reportedly used by those groups were
strongly criticized by representatives of indigenous peoples as well as by the National
Institution for Indigenous Populations.
51.
The Special Rapporteur reiterates in this context that missionary activities per se
clearly fall within the scope of freedom of religion or belief. According to article 18 of the
International Covenant on Civil and Political Rights, individuals deserve respect and
protection in their freedom to have or adopt a religion or belief of their own choice. Having
a choice in questions of religion or belief, however, obviously depends on the possibility of
communicating one’s own religious or non-religious convictions, receiving information and
trying to persuade others. Freedom of religion or belief thus has a marked dimension of a
communicative right, which includes personal or organized missionary activities. At the
same time, it is equally clear that missionary activities must never amount to a de facto
imposition of convictions or norms against the will of targeted individuals or groups, for
instance by exploiting their economic vulnerability. The Government bears responsibility
for providing effective protection against such practices. In its general comment No. 22
(1993) on the right to freedom of thought, conscience and religion, the Human Rights
Committee emphasized that article 18, paragraph 2, “bars coercion that would impair the
right to have or adopt a religion or belief” and that “the same protection is enjoyed by
holders of all beliefs of a non-religious nature”.14
52.
Interlocutors from State institutions, civil society organizations, religious groups and
indigenous peoples largely agreed that the main problem in this regard was the lack of
efficient implementation mechanisms. This was particularly tangible in the Chaco region,
and is most likely even further exacerbated in remote areas more or less completely outside
of State control, including where the indigenous communities have chosen to remain in
isolation.
53.
In this context, in the draft Guidelines on the protection of indigenous peoples in
voluntary isolation and in initial contact of the Amazon basin and El Chaco,15 it is noted
that:
… it is necessary to adhere to the international and regional obligations undertaken
by the region’s Governments and to apply, as a dispute settlement mechanism, the
parameters established by the Inter-American Court of Human Rights in judgements
such as Yakye Axa Indigenous Community v. Paraguay or Sawhoyamaxa Indigenous
Community v. Paraguay, according to which the relationship that indigenous peoples
14
15
Official Records of the General Assembly, Forty-eighth Session, Supplement No. 40 (A/48/40), vol. I,
annex VI, para. 5.
A/HRC/EMRIP/2009/6, para. 45.
15