A/HRC/55/51/Add.1
total Indigenous population living in the country was evicted during this period, many of
them belonging to the Avá Guaraní, Mbya Guaraní and Pai Tavytera communities.
60.
The evictions may involve discriminatory practices and other violations of human
rights, such as the right of everyone to the enjoyment of the highest attainable standard of
health, to housing, to adequate food, to drinking water and sanitation and to education.
Indigenous children who have been among those evicted have ended up living in situations
of forced displacement, without the prospect of durable solutions. They are among the most
vulnerable members of society, with little or no access to education or health.
61.
The Special Rapporteur stresses that, in its resolution 1993/77, the Commission on
Human Rights recognized forced eviction as a violation of the right to adequate housing and
that evictions should not be violent and should be conducted in consultation with the affected
communities, in particular those involving large groups. The Committee on Economic, Social
and Cultural Rights made similar conclusions in its general comment No. 7 (1997). 56
62.
In addition to the conflict surrounding lands and evictions, which can result in violent
incidents, in most of cases, Indigenous Peoples have encountered several barriers to access
to justice. Members of Indigenous communities reported that they were usually victims of
discrimination in the judicial process and that the perpetrators were hardly punished.
Moreover, some of the difficulties encountered seem to be related to language gaps and to
the cultural views of the judges and prosecutors conducting proceedings. In this regard, the
Special Rapporteur encourages the Government of Paraguay to observe more carefully the
traditional customs and to respect the linguistic rights of Indigenous communities in order to
fully implement the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), ratified
by the country.57
C.
Users of sign languages as linguistic minorities
63.
Individuals who are deaf or hard of hearing, as well as members of their families and
others who use sign languages to communicate, are using a full-fledged language. Since they
form less than half of the population of the country, they are therefore members of a linguistic
minority falling within the mandate of the Special Rapporteur. Paraguay must be commended
for ratifying the Convention on the Rights of Persons with Disabilities, which contains
provisions on the use of sign languages, as well as for the more recently adopted Law
No. 6530/20 on granting official recognition of Paraguayan sign language.
64.
The Government must also be commended for the creation of the relay centres for
deaf people, which are services permitting access to sign language interpretation online and
which have also been described as important, even vital, services for users of sign languages
who are deaf. Many users of sign language have indicated how much they appreciate the
service. However, this service is only available from 6 a.m. to 9 p.m. during the weekdays
and sometimes not even then, if the system is overloaded or sign language interpreters are
unavailable. The needs of users of sign languages are not limited to those hours; these
services are still required in the evenings and on weekends. For medical, legal and other
emergencies that occur out of the working hours of the centres, no assistance is provided to
members of this minority group. Certainly, the establishment of the relay centres is a good
practice to inspire and be adopted by other countries, however, the system should be further
developed and expanded by the Government in order to fulfil the needs of users of sign
languages.
65.
As noted above, another interesting project, adopted by the Municipality of Asunción,
through the Directorate of Policies for People with Disabilities of the General Directorate of
the Social Area, is the “Put yourself in my place” programme rolled out in public and private
schools to sensitize students from the grades 3 to 7 and raise awareness among the students
56
57
14
Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997), para. 11.
Particularly articles 9 and 12. The country ratified the Indigenous and Tribal Peoples Convention,
1989 (No. 169), of the International Labour Organization by Law No. 234/93.
GE.23-23380