CCPR/C/132/D/2552/2015 1. The authors of the communication are leaders of the Campo Agua’ẽ indigenous community: Benito Oliveira Pereira, born on 13 March 1976, is a community representative officially recognized by the State party, and Lucio Guillermo Sosa Benega, born on 23 June 1973, is a teacher at the community school. They are acting on their own behalf and that of the other members of their community.1 They claim that the State party has violated their rights under articles 17 and 27 of the Covenant, read alone and in conjunction with article 2 (3). The authors and the other members of the Campo Agua’ẽ indigenous community are nationals of Paraguay. The Optional Protocol entered into force for the State party on 10 April 1995. The authors are represented by counsel. The facts as submitted by the authors The Campo Agua’ẽ indigenous community 2.1 The Campo Agua’ẽ indigenous community (Canindeyú, Curuguaty) belongs to the Ava Guarani people, one of the indigenous peoples recognized in the State party’s Constitution as predating the formation and organization of the State. 2 2.2 The community of 201 people is led by the two authors. Mr. Oliveira Pereira was elected community leader at a community assembly. His traditional leadership and legal representation of the community were recognized by the State party in Decision No. 345/10 of the National Institute for Indigenous Affairs, which states: “Mr. Benito Oliveira is recognized as the leader of the Campo Agua’ẽ indigenous community.” The decision also states that “he will serve as the legal representative of the aforementioned community, in keeping with the Indigenous Communities Statute (Act No. 904/81)”. Mr. Sosa Benega is the teacher at the community school. 2.3 After successive encroachments on its territory, mainly by extractive businesses in the enclave economy, the Campo Agua’ẽ indigenous community obtained the legal recognition of its traditional territory in 1987 through Presidential Decree No. 21.910. The Ava Guarani people refers to its territory as tekoha, the basis of its entire sociopolitical and cultural organization.3 The homes are located on the edges of the territory; the central part of the territory is made up of forest land, which provides the community with the necessary resources to preserve its cultural identity. Fumigation with agrochemicals on neighbouring industrial farms without State party oversight 2.4 The case fits into the larger context of the expansion of mechanized farming of genetically modified crops, which the State party has encouraged, with severe social and environmental consequences. The community’s territory, which is located in one of the areas that has seen the biggest expansion of agribusiness, is surrounded by large Brazilian-owned farms (Estancia Monte Verde, owned by Issos Greenfield Internacional S.A., and Estancia Vy’aha) that engage in the extensive monoculture of genetically modified soybeans. 2.5 The fumigation they carried out systematically infringed domestic environmental laws, which provide for measures to mitigate the environmental impact of certain activities 4 and impose the obligation to plant protective hedges between areas where pesticides are used and 1 2 3 4 2 Through a power of attorney, the members of the community have designated the authors as their representatives before the Committee. Art. 62. See also Indigenous Communities Statute (Act No. 904/81). “Teko” means “way of being, system, law, culture, norm, behaviour, custom”. Tekoha provides the conditions for the Guarani way of being: “Without tekoha, there is no teko.” The Environmental Impact Assessment Act (No. 294/93) requires industrial farms to conduct environmental impact studies, hold an environmental permit and comply with the relevant environmental management plan. Failure to comply with the Act is punishable in accordance with the Environmental Offences Act (No. 716/96). GE.22-15010