Committee on the Elimination of Racial Discrimination considers report of Paraguay

Committee on the Elimination
of Racial Discrimination 11 August 2011

The Committee on the Elimination of Racial Discrimination has concluded its consideration of the combined initial through third periodic reports of Paraguay on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

The report of Paraguay was presented by Federico Gonzalez, Ambassador and Permanent Representative of the Mission of Paraguay to the United Nations Office at Geneva. Mr. Gonzalez said Paraguay was committed to the Convention on the Elimination of Racial Discrimination, and the national report had been drawn up with the very active participant of civil society organizations and government agencies. The right to non-discrimination was recognized at the constitutional level and currently the National Congress was considering draft legislation that would prohibit discrimination on any grounds as well as the adoption of the legal definition of discrimination as established in human rights instruments. The Government of Paraguay was aware of its limitations and recognized there were still challenges to overcome in order meet its obligations under the Convention, thus Paraguay appreciated the cooperation and guidance of the Committee.

In preliminary observations, Regis de Gouttes, the Committee Expert who served as country Rapporteur for the report of Paraguay, said the population of the country was multi-ethnic, growing rapidly and officially bilingual, and more information from the delegation on the practical implementation of measures to protect and promote the rights of indigenous people in Paraguay was required.

During the interactive dialogue, Committee experts raised questions and asked for further information on subjects pertaining to, among other things: the status of Afro-descendents, indigenous people’s land rights, the Guarani language, the bilingual nature of the education system, the implementation of international human rights conventions and affirmative action programs.

The delegation of Paraguay included representatives from the Ministry of Foreign Relations, the Office of the President and the Permanent Mission of Paraguay to the United Nations Office at Geneva.

The Committee will present its written observations and recommendations on the initial, second and third periodic reports of Paraguay, which were presented in one document, at the end of its session, which concludes on Friday, 2 September.

The next public meeting of the Committee will be this afternoon at 3 p.m. when it will begin consideration of the combined fifth through twelfth periodic reports of the Maldives (CERD/C/MDV/5-12).

Report of Paraguay

The initial, second and third periodic reports of Paraguay were submitted in one document (CERD/C/PRY/1-3), which notes that domestic legislation in Paraguay does not refer to racial discrimination as such and does not categorize it as an offence. However, a draft bill sponsored by a network of non-governmental organizations working to eliminate all forms of discrimination has been before the National Congress pending a decision for several years. The draft bill includes measures to prevent discrimination against various groups on grounds including ethnicity, origin, religion, sex or sexual orientation. It establishes measures for combating discriminatory practices and sets out the powers of State bodies to penalize such practices. The bill makes discrimination a criminal offence and incitement to discrimination an unlawful act that violates the principle of equality, in addition to establishing administrative and judicial responsibilities and other safeguards for victims. It also confers powers of intervention upon the Ombudsman’s Office.

Chapter III of title II of the Constitution, concerning equality, establishes that discriminatory practices shall not be permitted in the Republic of Paraguay and that the State shall remove all obstacles to non-discrimination, along with those factors that support or encourage discrimination, although it adds that “safeguards aimed at preventing unjust inequalities shall be regarded not as discriminatory but as egalitarian”. Anti-discrimination and affirmative action measures are being developed on the basis of the constitutional provisions prohibiting all forms of discrimination. Although the Constitution of Paraguay prohibits discrimination at all levels of society, Paraguay has yet to adopt legislation establishing sanctions for those engaging in discriminatory practices.

Paraguay has adopted the Advertising Self-Regulation Code drawn up by the National Centre for Communications Regulation, Standards and Research, the body which regulates advertising and establishes rules for preventing discrimination and ridicule. The Criminal Code expressly prohibits discrimination, stipulating, in article 233, that “Anyone who, in a manner likely to impede the harmonious coexistence of peoples, insults another person on account of his or her beliefs either in public, at a meeting or in publications […] shall be sentenced to imprisonment for a maximum term of three years or to payment of a fine.” In fulfilment of its resolution No. 942/2009, the Secretariat of the Civil Service has published a guide to inclusive and non-discriminatory practices which sets out the basic policy framework for non-discrimination and inclusion in the civil service and establishes the role and responsibilities of the Directorate-General for Equality and Inclusion Policy of the Secretariat of the Civil Service. Important initiatives of the Ombudsman’s Office include the creation, by resolution No. 800/06 of 18 August 2006, of a Department for Action against Discrimination within the Directorate of Asunción Offices. The Department’s duties include receiving complaints, reports and suggestions related to discrimination and taking action ex officio in cases of discrimination.

Presentation of the Report

FEDERICO GONZALEZ, Ambassador and Permanent Representative of Paraguay to the United Nations Office at Geneva, in opening remarks, said Paraguay was committed to the Convention on the Elimination of Racial Discrimination as human rights treaty bodies had promoted cooperation between different state agencies in Paraguay to establish common principles to reach concrete achievements. The vision and assistance provided by experts of the Committee would be very important, particularly because each country had its own specificities and characteristics. Not all States were able to solve problems with the same solutions. Paraguay had taken note of 124 recommendations contained in the Universal Periodic Review, and had not rejected a single recommendation. Paraguay welcomed the support of many States in implementing these recommendations. The Government of Paraguay established the Human Rights Network under the auspices of the executive branch, which was working to strengthen human rights institutions in cooperation with the judiciary. The Office of the High Commissioner on Human Rights was cooperating with the Paraguayan Government to develop plans and programs, including a National Human Rights Education Plan. The Paraguayan Government had begun work to adhere to the 1961 Convention on the Reduction of Statelessness.

Paraguay’s national report was drawn up with the very active participation of civil society bodies and government agencies. The process of consulting with representatives of beneficiaries of the Convention, including non-governmental organizations, undertaken during the development of the report, was valuable and useful. In accordance with Article 137 of the Constitution of Paraguay, conventions and national agreements that had been adopted and ratified ranked second after the Constitution itself in the application of law. The International Convention on the Elimination of All Forms of Discrimination was adopted as Law 2182 in 2003. The Convention was thus part of Paraguay‘s internal legislation and could be invoked by any individual before the courts. The right to non-discrimination was recognized at the constitutional level. Equality was a categorical constitutional principle, recognized in Article 46 of the Constitution. No form of discrimination was permitted in Paraguay. The constitutional prohibition required regulatory legislation to provide guarantees of non-discrimination and penalties for non-compliance and thus specific measures and actions had to be taken to enforce the law. Currently, the National Congress of Paraguay was considering a draft legislation that would prohibit discrimination on any grounds as well as the adoption of the legal definition of discrimination as established in human rights instruments. The bill was currently being studied in several congressional commissions, which all had a favorable view of the draft law. Work was ongoing in an active way in order to approve the law and assure it was in line with human rights instruments.

Many of the themes underlined by the Committee related to the rights of indigenous people. Paraguay was a pluralistic and bilingual country, the only officially bilingual country in South America. Paraguay recognized 20 indigenous groups and 5 language groups. The Government of Paraguay had a constitutional obligation to promote and protect indigenous languages, including in the education system. This was a source of social cohesion and cultural wealth for the country. The executive branch had issued major decrees to guide governmental action for the promotion and protection of indigenous people’s rights. The establishment of a Ministry of Indigenous People was being studied. From 2010 to 2011, Paraguay had provided property titles for community land to 18 indigenous groups and had increased funding for the Paraguay Indigenous Institute from 4 million to 22 million dollars. Paraguay would commence a census to account for indigenous and Afro-descendent people. The President of the Inter-American Commission on Human Rights had commended Paraguay for beginning to be a model for the respect of the rights of indigenous people. People of Afro-descent in Paraguay had a deep understanding of their history and had maintained their traditions. The Government was aware of its limitations and recognized there were still challenges to overcome in order meet its obligations under the Convention on the Elimination of Racial Discrimination. While major efforts were underway, Paraguay required the cooperation and guidance of the Committee.

Questions Raised by the Rapporteur and Experts

REGIS DE GOUTTES, Committee Expert serving as country Rapporteur for the report of Paraguay, asked the delegation to clarify why it had not adopted the article concerned with admission of non-governmental organizations and he asked for specific information on the non-governmental organizations consulted in the preparation of the report. After the long dictatorship of Alfredo Stroessner, Paraguay had been able to open up to regional integration, overcome diplomatic isolation and was a founding member of the Common Southern Market (Mercosur). The adoption of the 1992 constitution inaugurated a new and significant stage, leading to free elections. The population of Paraguay was multi-ethnic, growing rapidly and officially bilingual. Paraguay was a country that historically received many immigrants. It was one of the poorest countries in South America, with 35 per cent of the population living below the poverty threshold in 2008. There were significant inequalities, particularly with respect to land ownership and indigenous people were the poorest and most discriminated against. Although the Government of Paraguay had adopted a number of international human rights instruments and conventions, their implementation gave rise to a number of concerns. More information from the delegation on the practical implementation of measures to protect and promote the rights of indigenous people in Paraguay was required. The report did not indicate whether Paraguay would adopt the Durban Declaration and Program of Action as recommended by the Committee. The draft bill to recognize and implement measures against discrimination on grounds of religion, ethnic origin, and sexual orientation should be adopted. Reference to racial discrimination should be in line with Article 1, Paragraph 1, of the Convention on the Elimination of Racial Discrimination.

Current laws were not sufficient for implementation of Article 4 of the Convention. The Committee hoped that Paraguay would adopt provisions to prohibit the dissemination of ideas based on racial hatred, the incitement of racial hatred, racial violence, the incitement of racial violence and other aspects. There was no information on the number of cases, prosecutions, convictions and reparations for racist acts. The lack of such activities and information should not be seen as positive, but as an indication of the lack of sufficient remedies, fear of reprisals, costs and complexities of the judicial system, difficulties related to the burden of proof and lack of confidence in judicial authorities. Paraguay recognized that indigenous people suffered from difficult living conditions and it had been condemned three times by the Inter-American Court with respect to the living conditions of indigenous peoples. The compensation ordered by the court had been allocated. Mr. de Gouttes asked for more information on the committee responsible for implementing the ruling. There was reference to an ethnic identity card in the report, and Mr. de Gouttes asked what criteria were being used to issue such identify cards. Were they issued based on self-identification? He also inquired whether the government intended to strengthen the resources available to the Paraguay Indigenous Institute or whether there were plans to establish another institute to replace it.

In regard to Afro-descendents in Paraguay, further clarifications were required. Mr. de Gouttes asked to know what efforts were made to assure equal pay and social security for the Afro-descendent community as well as if any special measures had been taken to support access to justice for Afro-descendents, including for customary systems. It was also necessary to know what crimes indigenous people were being incarcerated for, and the number of Afro-descendents in prison. With respect to the education system, mother tongue instruction, special courses and educational supplies were being provided and enrolment of indigenous children had shown real progress. However, were there other concrete indicators that could be provided regarding equality in education? Mr. de Gouttes also asked the delegation to provide information on the role of the media and politicians in combating racism. Did the media play a negative or positive role? At what rate were indigenous people and Afro-descendents represented in the media?

Following Mr. de Gouttes’ presentation, other Committee Members took the floor. One Committee Member asked what methods were used to carry out the consultations for the report. Committee Members asked whether the Office of the Ombudsman was in line with the Paris Principles. Was there duplication of efforts among the number of different human rights bodies in the country? Were there criminal penalties for discrimination in Paraguay? The Committee welcomed the compliance of Paraguay with the decisions of the Inter-American Court and its focus, subsequently, on returning land to indigenous people. One expert asked whether there was a tradition or historical presence of Afro-descendents on land. Indigenous people had faced violence and other issues in their fight to re-acquire land. How did the government plan to resolve these issues? Committee Members inquired whether there was widespread discrimination against Brazilian and Asian immigrants and whether there were a significant number of African immigrants in Paraguay. In the context of the International Year of People of African Descent, Committee Members inquired about actions taken to recognize the justice and development of Afro-descendents in Paraguay.

Committee Members asked what the government of Paraguay was doing to enhance awareness and appreciation for indigenous groups and whether International Labor Convention 169 and the Convention on the Rights of Indigenous Peoples involved practical implications in Paraguay. Committee Members said it would be interesting to know more about affirmative action programs implemented in Paraguay. Committee Experts also asked whether a certain proportion of the population did not want to self-identify as indigenous people. Speakers noted that not all children of indigenous communities had been registered and children who were not registered could not be sufficiently protected. Committee Members asked what efforts were being taken by the State to strengthen indigneous people’s languages; for example, what was the status of the Guarani language in the media, parliament and judicial bodies? Regarding education, less than one per cent of scholarships went to indigenous people. Was this sufficient considering indigenous people made up 15 per cent of the population? One Committee Member asked what the Government of Paraguay understood by pluralistic and multilingual education and whether there had been efforts to removing stereotypes and other discrimination in educational systems and textbooks.

Response by Delegation

In responding to the questions raised by Committee Members, the delegation said that mixing indigenous and non-indigenous people was a matter of pride for Paraguay. The report noted that 80 per cent of the population spoke Guarani. The language was a basis for national pride, identity and social and national unity. It was far from being a source of division. Guarani had been handed down from generation to generation orally, but recently, it had been written down. All members of the delegation spoke Guarani. Guarani speakers were present in Brazil, Argentina and Bolivia. Guarani was a national language under the Southern Common Market (Mercosur). A third language, known as Guapara was a mix of Guarani and Spanish. Regarding Afro-descendents in Paraguay, many years ago a number of people from Africa had arrived and settled in an area near Asuncion, the capital.

Another issue that had been raised was the number of institutions in Paraguay working on human rights and the impact on duplication of efforts. The delegation found these institutions were valuable to sharing experiences and knowledge. The commitment to developing the periodic reports required the cooperation of government agencies and non-governmental organizations. The many bodies and institutions working specifically on the protection and promotion of human rights were coordinating and paying attention to the ideas exchanged with the Committee. The report was developed by a specialist researcher with the support of the United Nations Development Fund for Women (UNIFEM), now UN-Women, the National Coordinator of Rural and Indigenous Women (CONAMURI), the Association of Afro-descendents, the Coordinator for the Self-Determination of Indigenous People, the Association of the Network against All Forms of Discrimination and other organizations. The report was shared in Asuncion in a workshop with Amnesty International.

With regard to the Truth and Justice Commission, its functioning, establishment and objectives were of the greatest importance. From 1954 to 1989, Paraguay was governed under a dictatorship. The Commission was created to investigate human rights under the regime and follow up on all reports of human rights violations. The percentage of immigrants to Paraguay had remained steady in recent years, but the largest number of immigrants came from Argentina and Brazil. New immigrants of Chinese and Lebanese origin were linked to cross-border trade with Brazil. Looking at racial discrimination in Paraguay’s legal instruments, the draft law against all forms of discrimination was currently being considered by the National Congress and defined discrimination as any distinction, exclusion, restriction or preference based on race, color, lineage, national origin, ethnic origin, language, religion, political opinions or any other reason, including affiliation with a political party or movement, social origin, economic position, age, sex, sexual orientation, gender, identity, civil state, birth, state of health, disability, appearance or any other social aspect. Regarding the small number of legal cases related to racial discrimination, the delegation said that awareness of racial discrimination was fairly new. The limited number of complaints about racial discrimination could be due to the lack of a specific law against all forms of discrimination.

The Government of Paraguay had been compliant with the Inter-American Court’s decisions because indigenous people and their ancestral lands were important to Paraguay’s national identity and history. The Executive Branch had twice put forward requests to expropriate land for indigenous communities, but these requests were refused by Congress. The Government had resorted to trying to purchase these lands and was negotiating with the landowners. National or international mediation was being considered. In order to enhance and implement the free, prior informed consent required under International Labor Organization Convention 169, the Paraguay Indigenous Institute adopted resolution 1239 which laid out the obligation of acquiring consent from the Institute in negotiating or taking other actions involving indigenous communities. Regarding the health of indigenous people, the Ministry of Health and Social Welfare had recently put in place a process to promote indigenous people’s health and had adopted a resolution which established an Indigenous Health Council. The government was concerned about the availability of safe water and long-term efforts were being taken to improve access.

The Paraguay Indigenous Institute was responsible for the issuance of ethnic identity cards. The identity cards were issued only at the request of individuals, who decided the designation of ethnic identity on the card. Regarding the situation of forced labor, the Regional Labor Organization had established a commission to deal with the situation of labor and forced labor and was developing a plan of action to address concerns about these issues. A plan was also being developed to disseminate information about labor rights in rural communities. The Ministry of Justice and Labor had implemented an inspection program of a preventative nature in Chaco. Regarding the question of gender, the Secretariat of Women of the Office of the President and the Paraguay Indigenous Institute had supported demands for improved political participation and other initiatives put forth by indigenous women. On the issue of customary law, the criminal procedural code established special procedures regarding punishable acts for indigenous peoples, including consideration of the suitability of prison conditions in terms of indigenous culture. The Ministry of the Interior was in the process of strengthening and monitoring police activities in integrating human rights and humanitarian principles and was developing a scheme to consider claims and monitor procedures to avoid excesses in police action.

Further Questions Posed by Experts

Committee Members said disaggregated data for different ethnic communities would allow them to better assess changes that were taking place in the country. Also, some contradictions were present in the report. Terms, such as extreme poverty, needed to be defined to clarify their specific meaning. The adoption of specific legislation against racial discrimination and measures to address acts and implement redress and compensation were required. For a society of 6.5 million people with extreme inequalities, it should be possible to examine in greater detail how structural factors resulted in inequality and poverty. Affirmative action was described in the report, but coverage and impact were not indicted. A study examining the impact of affirmative action, particularly in relation to its objectives, was required. Regarding the ethnic cards, one Committee member inquired what benefit was linked to the cards. Why were people interested in identifying themselves according to ethnicity?

The issue of land was important to Afro-descendents and thus, one Committee Member asked about the Cambacua population, which was involved in a conflict that dated back to 1957. The population had been evicted from its ancestral lands and had suffered from a range of injustices. The Committee Member asked how this situation had evolved, whether civil rights had been violated and what measures the Government had taken in this regard. It was important that a resolution had been passed requiring the State to consult with indigenous people on issues and obtain their consent. On the basis of this resolution, how many consultations had been undertaken by the Government? Throughout South America, when customary law was invoked they had to ensure that it did not violate national and international law. Committee Members asked how customary law was applied and whether it violated human rights provisions in the constitution of Paraguay and international instruments. One Committee Member asked about the education provided to prisoners.

Regarding the legal status of indigenous communities, the delegation was asked why some groups had been able to obtain such status while others had not. It was difficult to implement the decisions of international courts and Paraguay had mentioned the impossibility of adopting a law on expropriation. Was there legislation regarding forced purchase of land for social needs? In some countries, when land was required for social purposes, the Government brought the issue to court and purchased the land for a fair market price. The Congress had rejected the law to expropriate land to certain indigenous groups. This had to be taken seriously, as it indicated that public opinion, at least in political spheres, denied the right of indigenous people to have their land restored. Were indigenous people members of Congress? Action had to be taken by the government. One Committee Member asked whether there was an indigenous system of justice and whether disputes were resolved by indigenous community mechanisms.

Regarding free, prior informed consent, Committee Members noted that the government should follow up on the complaints of indigenous people regarding the legal conditions for consultations. To implement the Inter-American Court’s decisions, would the government consider asking for assistance from experts from international institutions? This could un-block the process for implementing the decision. People became proud of their identity when political leaders created the conditions for that to take place. Thus, in the census, what plans did the government have to create the conditions for people to be proud of their heritage? Also, the methods to be used in the census required clarification. Would it be possible to identify as both Spanish and Guarani in the census? One Committee Member asked what targets had been set in implementing the recommendations of the Universal Periodic Review. Concerning policies that targeted indigenous communities, there was also the question of whether the government was incorporating the specific needs of women.

Response by Delegation

The delegation said that not all statistics needed to meet international standards were available; the census of 2012 would collect the necessary information. Regarding Afro-descendents, the census of three Afro-descendent communities was carried out in 2006 to 2007, registering over 6,000 people. The census disaggregated rural/urban differences, sex, age and other information. Principles for identifying different groups were being developed. In a nationwide survey, it was found that indigenous people had equal access to the social welfare system. There were no provisions for differentiating legal access of services provided by the Ministry of Health. The Cambacua community had been living on an insufficient land area that was smaller than the land that belonged to their ancestors. The land was semi-urban and under the jurisdiction of several municipalities. The future of the land had been under discussion for some time. It was an excellent suggestion that the central state, as well as the municipality, establish a commission jointly with the community to make progress on the claims to land. The State had a serious stake in the culture of this community and their ability to participate in cultural traditions. Law 904 recognized the legal status of indigenous communities to enjoy all civil rights. Indigenous people who claimed restitution of their ancestral lands went to the Paraguay Indigenous Institute, which carried out the necessary steps within the court system or with other administrative authorities.

Regarding the acquisition of land, the state could not just purchase any land, it needed to adhere to certain legal principles. The Government should pursue better measures to restore land despite certain constitutional limits. Regarding consultations, Paraguay was adhering to the International Labor Organization Convention on free, prior informed consent. In prisons, prisoners who desired to learn to read and write were provided with assistance. The Indigenous Health Council recognized the use of traditional medicine and elaborated measures to guide the appropriate use of traditional medicine. The Guarani language and the mixing of culture were a source of pride and cultural wealth for Paraguay. While there was some shame associated with being Guarani in the past, government policies and historical experiences had demonstrated and enhanced its importance. Currently, Paraguayans felt ashamed if they did not speak Guarani. There were 480 indigenous communities that had obtained legal status, an administrative procedure with public policy implications, but conflicts sometimes arose with respect to this status. Legal status resulted in tax exemptions and other privileges.

Regarding the rejection of the land expropriation, the community had insisted on specific ancestral land. Mediation was being considered. Concerning the recommendations of the Universal Periodic Review, it was true that not all the recommendations could be implemented right away, but Paraguay would do as much as possible to meet targets for the recommendations by the time of the next Universal Periodic Review. Systems of international justice varied in different indigenous communities, and the delegation said there had not been any cases in which these systems ran counter to human rights. The role of indigenous women was a serious issue for the Secretariat of Women of the Office of the President. The office had worked to augment the visibility of women leaders, who came forward independently. Violence against women and children was also being taken very seriously, and an office had been established to prevent sexual exploitation. The ethnic identity card was only issued to adults who requested them, and it simply served as an additional piece of identity. The national identity card, not the ethnic identity card, was required in dealing with government agencies. Individuals would possibly use the ethnic card in some situations, for example to obtain tax exemptions.

Preliminary Concluding Observations

In preliminary concluding observations, REGIS DE GOUTTES, the Committee Expert who served as country Rapporteur for the report of Paraguay, said the dialogue heralded a robust discussion that would promote further cooperation. Mr. de Gouttes thanked the non-governmental organizations for providing further information and hoped the Government of Paraguay would continue working with these groups. Since Paraguay accepted all recommendations issued under the Universal Periodic Review, the Committee’s position was strengthened as it was better able to request the Government of Paraguay to implement certain measures. Concerning institutional, legal and legislative aspects, the adoption of a national plan to combat racism and the draft bill against all forms of discrimination as well as the compilation of data on acts of racism and penalties related thereto required special efforts on the part of the Government. Free, prior informed consent needed to be promoted in accordance with International Labor Organization Convention 169. The use of the Guarani language and the ability of Afro-descendents to enjoy all human rights were vital points. The census of the indigenous population should be based on free self-identification.

Also in concluding remarks, FEDERICO GONZALEZ, Ambassador and Permanent Representative of the Permanent Mission of Paraguay to the United Nations Offices at Geneva, said the delegation had participated with enthusiasm in the dialogue with the Committee on the Elimination of Racial Discrimination and had enjoyed the serious discussion on the issue of discrimination in Paraguay. While there was much work to be done, Paraguay was confident it was on the right path. The recommendations provided by the Committee would surely be useful in advancing the country on this path.

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