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
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