A/HRC/30/41/Add.1 V. Conclusions and recommendations A. Conclusions 75. Paraguay has a constitutional framework in which the rights of indigenous peoples are recognized. However, this normative framework has not been translated into the legislative, administrative or other measures needed to ensure the enjoyment by indigenous peoples of their human rights, in particular their fundamental right to self-determination and their rights over their lands, territories and natural resources. The lack of access to justice and the persistence of racism and discrimination are also causes for concern. 76. The Special Rapporteur has observed a widespread lack of legal protection for indigenous peoples’ rights over their lands, territories and resources, which are vital to ensure their survival and uphold their dignity. This situation gives rise to numerous conflicts and subsequent human rights violations. The Government of Paraguay should regard this as an emergency situation. 77. The indigenous peoples of Paraguay are also subject to widespread poverty and extreme poverty. In order to alleviate the situation, what is n eeded is coordinated and systematic action on the part of all institutions, donors and other stakeholders to develop public policies, in conjunction with the indigenous peoples concerned, to address its root causes. Short-term projects and programmes which are primarily funded by foreign aid have proved to fall short of what is needed to resolve the serious problems that exist. Institutional weaknesses and a lack of inter-agency coordination also diminish the State’s capacity to respond to this critical situation. B. General recommendations 78. In the light of the above conclusions, the Special Rapporteur would like to present the Government of Paraguay with the following recommendations, which should be implemented in collaboration with the indigenous peoples of the country. Lands, territories and natural resources 79. The Special Rapporteur recommends: (a) The establishment and adoption, with the full participation of the indigenous peoples concerned, of a new legal framework for indigenous peoples’ rights over their lands, territories and natural resources, in accordance with the constitutional framework and relevant international standards. The new legislation should establish an accessible, rapid and effective procedure for the adjudication of land titles and should provide for a review of existing laws on expropriation; (b) The use of all financial, judicial and other measures needed to resolve existing conflicts concerning the ownership of indigenous lands as quickly as possible, in keeping with the parameters set by the rulings of the Inter-American Court of Human Rights in the Yakyé Axa, Sawhoyamaxa and Xakmók Kasék cases; (c) The effective enforcement of legislation relating to the protection of lands claimed by indigenous communities and the development and implementation of suitable instruments and mechanisms, including early warning 18/24 GE.15-13734

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