A/HRC/30/41/Add.1
peoples from depopulation, degradation of their habitat, environmental pollution,
economic exploitation and cultural alienation (art. 66). They also include affirmative
action measures. The principal legislative instrument relating to the rights of the
indigenous peoples of Paraguay is the Indigenous Communities Statute (Act No.
904/81), which provides for the establishment of the government institution
responsible for indigenous affairs, the National Institute for Indigenous Affairs
(INDI), and defines the administrative procedures for recognition of the legal status
and land claims of indigenous communities to be applied by INDI and the Social
Welfare Institute (now the National Institute for Rural and Land Development).
12. In addition to that framework law, statutes on other issues include Act No. 43/89,
which provides for a special regime for the regularization of title to indigenous
settlements, and Act No. 323/107 on indigenous education. Some more general laws
also contain references to indigenous peoples (e.g., the Agrarian Code (Act No.
1863/02) and the Code of Criminal Procedure (Act No. 1268/98)). 4
13. In addition to INDI, which is the lead agency for indigenous issues, other
government bodies deal with issues of importance to indigenous peoples, and some
have specific departments for that purpose. They include the Directorate -General of
Indigenous Education, the Directorate-General of Indigenous Health, the Original
Peoples Department of the Secretariat for Social Action and a special unit of the
Ministry for Women’s Affairs that works to promote participation by indigenous
women. Both the Chamber of Deputies and the Senate have established Committees
on Indigenous Peoples.
14. The Human Rights Directorate of the Supreme Court also deals with issues
relating to access to justice for indigenous peoples and the harmonization of
customary and ordinary justice systems. The Public Prosecution Service has its Ethnic
Rights Directorate.
15. Paraguay adopted its National Human Rights Plan in 2013. The executive branch
has had its Human Rights Network in place since 2009. An inter -institutional
mechanism, the Recommendations Monitoring System (SIMORE), has been
established to follow up on the action taken pursuant to international
recommendations relating to human rights, and the Government is up to date in its
fulfilment of its reporting obligations to United Nations treaty bodies. The Inter Agency Commission on the Enforcement of International Judgements ( CICSI) 5 was
established in 2009 to monitor and coordinate the efforts of the executive branch to
comply with the judgements and recommendations of the inter -American system.
Outstanding issues include the adoption of a general anti -discrimination law, the
appointment of an ombudsman and implementation by the Office of the Ombudsman
of the Principles relating to the status of national institutions for the promotion and
protection of human rights (Paris Principles).
IV. Key concerns
16. As the Special Rapporteur said in the statement that she issued upon the
conclusion of her mission, the foremost concerns relating to the rights of the
indigenous peoples that she noted during her visit are: the lack of security of their
rights to their lands, territories and resources; lack of access to justice and redress;
lack of effective mechanisms for consultation and consent; racism and discrimination;
__________________
4
5
GE.15-13734
See “Derechos indígenas y derechos humanos en Paraguay”, compilation by the Human Rights
Directorate of the Supreme Court.
Decree 1595/09.
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