A/HRC/30/41/Add.1 C. Participation, consultation and consent 39. There is a widespread problem in terms of non-compliance with the State’s obligation to engage in consultation before it adopts legislative, political and/or administrative measures that directly affect the indigenous peoples and their lands, territories and natural resources. 40. The majority of institutional projects and programmes for indigenous peoples about which the Special Rapporteur has received information, including those conducted by the Secretariat for Social Action, have not included a consultation process. In respect of the investment projects affecting lands of indigenous peoples, the Special Rapporteur has received reports that the communities that could potentially be affected by oil extraction projects and t he construction of an oil pipeline and aqueduct in the Chaco region have not been consulted about these projects and, in fact, have not even received any information about them. Reports also indicate that environmental permits for logging and other activities are being granted without prior consultation or consent. This also seems to be the case with the establishment of protected areas and the introduction of other conservation initiatives, such as the creation of the San Rafael National Park reserve, which encompasses 10 indigenous communities and 12 traditional or religious sites. 41. The Special Rapporteur has been informed of a proposed law on consultation and free, prior and informed consent which has been approved by various indigenous organizations and submitted to the Government for its consideration. 14 Apparently, various draft bills have been drawn up by different stakeholders. Without commenting on the content of the various proposals, the Special Rapporteur wishes to emphasize that any measure that is introduced in an effort to ensure that the State meets its obligations concerning consultation with indigenous peoples must be in line with ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples and should be developed in conjunction with the indigenous peoples of Paraguay. 42. The Special Rapporteur noted a disturbing lack of participation on the part of indigenous peoples in decision-making in almost all areas of public life. In terms of their participation in the country’s political affairs, documented practices used during elections, such as “acarreamiento” (mass transportation) and “acorralamiento” (roundups and detentions), constitute serious violations of their political and civil rights. 15 D. Racism and discrimination 43. The Special Rapporteur believes that racism and discrimination are at the heart of many of the problems faced by indigenous peoples in Paraguay. The indigenous populations have historically suffered, and continue to suffer, from multiple, intersectional forms of discrimination that interfere with their enjoyment of all their human rights. Although discrimination is prohibited under the Constitution, the State __________________ 14 15 GE.15-13734 Federation for the Self-determination of the Indigenous Peoples and the United Nations Development Programme, Propuesta de protocolo para un Proceso de Consulta y Consentimiento con los Pueblos Indígenas del Paraguay (Proposed protocol for a process of consultation and consent with the indigenous peoples of Paraguay), 2013. European Union Election observation mission. Final report — General elections (2013): Organization of American States, Informe de la Misión de Observación Electoral de la Organización de Estados Americanos sobre las Elecciones Generales celebradas en la República del Paraguay el 21 de abril de 2013 (OEA/Ser.D/XX-SG/DCOE/II.85 (2014), p. 43. 11/24