A/HRC/30/41/Add.1 21. It has been difficult for the institutions responsible for that process — INDI and the National Institute for Rural and Land Development (INDERT) — to coordinate their efforts because of differences in their statutes, mandates and proc edures. Since INDI is lower down in the governmental hierarchy than INDERT and the Secretariat for the Environment, it is difficult for it to take action to ensure full implementation of the law by these two institutions. It became clear to the Special Rap porteur that, given its current budget and endowment of human and technical resources, INDI will have difficulty safeguarding the rights of indigenous peoples to their lands, territories and natural resources. The Special Rapporteur was provided with infor mation on a draft bill to convert INDI into a ministry for indigenous peoples. Such a change in hierarchy could help to ensure that the new institution would have an adequate, regular and predictable budget and would be vested with the authority it needs i n order to meet its responsibilities. 22. The Special Rapporteur heard numerous complaints about indigenous lands being taken over by settlers, farmers or forestry enterprises, large soybean producers or ranchers and about the resulting clashes. According to the information provided to the Special Rapporteur, many of these disputes are resolved in favour of third parties for various reasons, including racism and discrimination against indigenous peoples on the part of provincial political bodies that someti mes are linked to the interests of the groups occupying the land. In some cases, the situation is the result of the justice system’s failure to fully apply existing constitutional and international standards, which gives rise to a climate of impunity. The Special Rapporteur is concerned by reports of violations of the land rights of indigenous persons by public institutions. In particular, references have been made to the issuance of environmental permits by the Secretariat for the Environment that do not conform to Paraguayan law or international standards relating to the rights of indigenous peoples. 23. The Special Rapporteur was apprised of specific cases that attest to indigenous peoples’ lack of access to and control over their lands, territories and n atural resources. One case in point is the Totobiegosode-Ayoreo peoples, who are divided into two groups, one settled in the communities of Chaidi and Arocojnadi (Alto Paraguay Department in the Chaco) and another, voluntarily isolated group (Jonoine Urasade). Since 1993, the Totobiegosode have been claiming 550,000 hectares that they consider to be part of their traditional territory. Those lands are part of the El Chaco Biosphere Reserve, which was established in 2005 by the United Nations Educational, Scientific and Cultural Organization (UNESCO), but this designation has not spared these lands from massive deforestation. In 2001, in view of the limitations of the existing legal and administrative framework for according recognition of the contiguous tracts of land which they claim, the Tobobiegosode requested that the lands in question be declared the Tangible and Intangible Natural and Cultural Heritage Lands of the Ayoreo and Totobiegosode. 7 24. The Government has granted title solely to non-contiguous areas and has acknowledged its inability to carry out the necessary expropriations. 8 The lands to which their claims have been granted do not provide the territorial contiguity needed to guarantee the rights and survival of the Totobiegosode. Furthermore, the Special Rapporteur was informed that the Secretariat for the Environment has issued environmental permits for livestock-raising, forestry and oil exploration in the claimed territories without consulting the communities concerned, in violation of Act N o. 43/89, which prohibits any change in land use in territories claimed by indigenous __________________ 7 8 GE.15-13734 Resolution 1/2001 of the Ministry of Education and Culture, ratified by the National Secretariat for Culture in its resolution 491/2009. Reply of the Government to a letter from Special Rapporteur James Anaya (A/HRC/15/37/Add.1). 7/24