A/HRC/30/41/Add.1
compliance with regulations governing indigenous rights. Offences involving
members of indigenous peoples are to be immediately submitted to this Directorate. 10
30. Paraguay has undertaken to apply the Brasilia Regulations Regard ing Access to
Justice for Vulnerable People, which include indigenous peoples within its definition
of vulnerable groups. 11 The measures adopted to this end include the provision of
indigenous interpreters during legal proceedings, although, as acknowledged by the
Supreme Court itself, progress in this connection has been slow to materialize. The
Human Rights Directorate of the Supreme Court has launched various activities aimed
at harmonizing customary law and ordinary law and is providing training for judg es
and legal officials about the rights of indigenous peoples and awareness -raising
opportunities in this regard. Existing initiatives relating to indigenous peoples need to
be strengthened and consolidated in order to bring about the necessary changes in the
legal system.
31. Notwithstanding these important initiatives, access to justice continues to be
severely limited for the country’s indigenous populations, and substantive structural
and procedural problems remain. The Special Rapporteur has learned of various
contradictory decisions that have been issued by different courts. This situation not
only undermines legal certainty and clarity for all parties involved, but also hinders
the effective exercise of rights, particularly indigenous land rights. Inf ormation has
also been received that reveals that racist and discriminatory attitudes remain deeply
embedded, especially in courts of first instance and provincial courts, and that there is
a lack of familiarity with international human rights standards an d the judgements of
the Inter-American Court of Human Rights. Some public prosecutors disregard the
observations of the Ethnic Rights Directorate, and there are not enough public
defenders to ensure access to justice for indigenous peoples. The Special Rap porteur
has noted with concern that indigenous peoples’ own legal systems are rarely
promoted or validated as suitable mechanisms for the administration of justice, nor are
they coordinated with State legal systems as provided for by international instrume nts.
The Special Rapporteur was informed that, on 22 July 2015, as part of the
Government’s efforts to promote and comply with the provisions of the ILO
Indigenous and Tribal Peoples Convention, 1989 (No. 169) regarding customary law,
the Human Rights Directorate of the Supreme Court convened the first meeting for
legal officials concerning the process to be used for validating curricular proposals
designed to uphold indigenous rights. Participants pledged to develop proposals
concerning the curricula to be used in training civil servants and judges in this area.
The Special Rapporteur supports this type of training and urges the authorities to
ensure that it continues.
2.
Access to redress
32. The Special Rapporteur received numerous reports about the l ack of redress in
cases where the human rights of indigenous peoples have been violated. She has
learned, for example, about the situation of the Mbyá Guaraní communities in the
Caazapá, Itapúa and Misiones departments, who were moved from their lands in t he
1970s — without adequate compensation — to make way for the building of the
Yacyretá hydroelectric dam. By way of redress, the Mbyá Guaraní organizations have
called for the transfer of title to some 50,000 hectares of what remains of the forests
that were formerly part of their ancestral lands, which they call Tekoha Guasú. In
1992, the Secretariat for the Environment made those lands part of the San Rafael
National Park without prior consultation with the indigenous communities in the area.
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10
11
GE.15-13734
Resolution No. 3918/09.
Approved in 2008 at the Fourteenth Meeting of the Ibero -American Judicial Summit.
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