The Indigenous World 2023: Paraguay

Written on 28 March 2023. Posted in Paraguay

Five linguistic families and 19 Indigenous Peoples self-identify in Paraguay: the Guaraní (Aché, Avá Guaraní, Mbya, Pai Tavytera, Guaraní Ñandeva, Guaraní Occidental), Maskoy (Toba Maskoy, Enlhet North, Enxet South, Sanapaná, Angaité, Guaná), Mataco Mataguayo (Nivaclé, Maká, Manjui), Zamuco (Ayoreo, Yvytoso, Tomáraho) and Guaicurú (Qom). According to statistics from 2017, the country's Indigenous population stands at 122,461 people.

Chapter V of the 1992 Constitution recognizes Indigenous Peoples as cultural groups dating back to before the formation and organization of the Paraguayan State, recognizing them rights such as ethnic identity, communal property, participation and education, and taking into account their cultural features.

Paraguay has a legal framework that guarantees and recognizes a wide range of rights in favour of Indigenous Peoples, having ratified the main instruments of international human rights law, both in the universal and Inter-American systems.

This article is part of the 37^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.

Atightening of penalties and continued forced evictions led to protests on the streets of Asunción on 10 December 2021, demanding an end to the persecution and criminalization of Indigenous people and peasant farmers.

A significant political and social feature of this situation was undoubtedly the appropriation of the commemorative date of International Human Rights Day by the social and Indigenous movement. Until not so long ago, this was used only by social actors from civil society organizations to make their demands and complaints known. The overwhelming criminalization and violence suffered by peasant settlements and Indigenous communities, a pattern aimed at depriving the former of access to land and agrarian reform and the latter of their communal property rights, underscored the importance of unity of action by the different sectors affected.

The demonstrations began on 10 December 2021 and, although the main protagonists were the peasant organizations, there was also broad participation from organized Indigenous sectors, and the victims of forced evictions in particular.^[1]

The main demand of this mobilization, and of those that were to follow in the first four months of 2022, was repeal of the law converting what had up until then been an offence into a crime: the punishable act of trespass.^[2] With the approval of this measure, the penalties for trespass were doubled with the clear intention of putting pressure, through threat of imprisonment, on those who have found the occupation of land and social protest to be their only tool for obtaining their rights overthe last few decades.

The social and Indigenous movements’ demonstrations and protests found their equivalent in civil society organizations’ actions for enforceability of rights. The Coordinating Committee for Human Rights in Paraguay (CODEHUPY) coordinated efforts to promote national and international debate around the deteriorating human rights situation of Indigenous communities, documenting cases and submitting communications to international human rights protection organizations such as the Inter-American Human Rights System and the Universal System,both of which quickly became concerned about the situation in Paraguay.

In February, Indigenous people from the Ka'a Poty community and others, together with representatives from the social organizations, participated in what could be described as “a social challenge” to the government in Asunción's Plaza de Armas, a place that had becomea kind of camp for the homeless. At that time, hundreds of Indigenous people deprived of their land by the State were camped out there, subjected to the humiliation of living in a public space under the eyes of asociety that is generally incapable of reacting in human rights terms in order to show solidarity.

In this context, the meeting with representatives of various public institutions included the recently replaced head of the Paraguayan Indigenous Institute (INDI), who had only been in office for a week at the time.^[3]

Coinciding with this action, on the very same day, the Inter-American Commission on Human Rights (IACHR) notified the Paraguayan Foreign Ministry that a thematic hearing would be convened on forced evictions and agrarian policy in Paraguay, to be held in March 2022. ^[4]

During its first period of sessions last year, the IACHR became the first international forum to analyse the worsening situation of human rights violations against the Indigenous and peasant victims of forced evictions in 2022.

In the meantime, protests were taking place throughout many of the country's departments, including Caaguazú, Canindeyú and San Pedro, culminating in a large mobilization of peasants and Indigenous people in the capital in March. The objective was to achieve the demands they had been making since the end of 2021, consisting of a repeal of the penal reform that criminalized social struggle and protectionof the communities.^[5]

These successive and coordinated actions by various sectors of the social movement and civil society organizations, especially CODEHUPY, finally led to a high-level political meeting in April between the Indigenous and peasant leadership and the main congressmen and women and representatives of the Executive.^[6] The meeting, set institutionally within the framework of the joint session of the Human Rights, Agrarian Reform and Indigenous Peoples commissions of the Senate, also welcomed international observers from the United Nations Organization.

This was the first time since the start of the pandemic and the wave of persecution, repression and criminalization of the land struggle that there had been a direct dialogue between the peasant and Indigenous leadership and several of the main political protagonists of these regressive and repressive measures. The meeting was held in the Acosta Ñu Hall of the Chamber of Senators under the watchful eye ofrepresentatives from the Office of the UN High Commissioner for Human Rights, among them Jan Jarab, and the UN Resident Coordinator in Paraguay, Mario Samaja, who participated in the dialogue.

The proposed agenda focused on four issues raised by the Indigenous and peasant representatives: 1) legal regularization of peasantand Indigenous settlements; 2) protection of peasants and Indigenous people from forced evictions; 3) recovery of ill-gotten lands; and 4) care for those individuals and families evicted, particularly those camped in the capital city and in other places around the country, such as insquares or along roadsides.

Following these protests and actions to demand their rights, the social movement fell into a kind of lethargy, without having obtained a positive response to or favourable progress in its demands. It was against this backdrop that criminal legislation, already amended to tighten the penalties for trespass, was consolidated in 2022 in the absence of a parliamentary majority capable of reversing it.

After the period of protest described above, the only thing that resonated strongly was the public demonstration held in the capital, Asunción, under the auspices of the National Indigenous Coordinating Body for a Dignified Life, which repeated the massive march held the previous year (2021) on the same date in 2022, 12 October.^[7] The demands, in this case exclusively from the Indigenous sector, once again focused on their core social agenda: an end to forced evictions, recognition of the communities' traditional ownership rights and, consequently, legal security and titling of the lands they occupy and which form a constituent part of their traditional habitat. Public investment in infrastructure and production likewise formed one of the demandsmade to the State.^[8]

What happens next will depend largely on the composition of the future Congress, as well as on the policies implemented by the Executive (these public bodies may change after the general elections of 30 April 2023) and, of course, on the mobilizing capacity of the Indigenous movement and its coordination with other sectors.

Violence on the rise in Amambay and the PaĩTavyterã are suffering

The Paĩ Tavyterã, a people living on the border of Paraguay and Brazil and, it has to be said, on the borders of Paraguayan society as well, were shocked when two of their members were killed and a third seriously injured during an incursion by an armed group. The criminal group, known more than a decade ago as the Paraguayan People's Army (EPP), broke into the Cerro Guasú or Jasuka Venda area and perpetrated the crime, according to accounts that have become public knowledge.^[9]

In this context, the security forces also clashed with the attackers and killed three of them, one of them Indigenous, when they refused to lay down their weapons and surrender to the authorities, according to the official report issued by the Internal Defence Operations Command - Joint Task Force.

This fact confirmed the fears already expressed for at least two years now by the Paĩ Tavyterã organizations, who have repeatedly stated their concern at the militarization of their territory, both by State forces and by those operating outside the law.

In addition to the inherent risk of being caught in the crossfire between the security forces and groups fighting in the area, this situation is especially concerning for the Indigenous Paĩ as it results in a restriction of their freedom of movement in Jasuka Venda for fear of falling victim to the armed violence, in a place considered sacred to their tradition and culture.

Although Amambay department has been the scene of widespread violence linked to the production, transit and illegal sale of drugs for decades, the current situation seems to have reached new levels of concern and threats to the lives of the communities living in the departments bordering Brazil.

Inter-American Court of Human Rights (IACtHR): enhanced monitoring in Paraguay

In its last resolution on monitoring of the Yakye Axa judgement in 2022, the IACtHR announced the start of what it called “enhanced monitoring” and brought forward the establishment of the Court's secretariat in the Republic of Paraguay in order to more effectively monitor the measures that the State has yet to adopt in relation to the Yakye Axa (2005), Sawhoyamaxa (2006) and Xákmok Kásek (2010) communities.^[10]

This decision marks the start of a new phase in its procedures for monitoring judgements and deepens a practice long requested by the victims. A more active role on the ground is therefore to be expected for the IACtHR, aimed at ensuring full compliance of its decisions not only in the Yakye Axa case but also in the two other cases it is monitoring inrelation to Indigenous affairs in Paraguay.

Conclusions

2022 was marked by intense mobilizations in which the Indigenous movement could be seen to be working in growing coordination with other social organizations. Nevertheless, and despite the above, which is undoubtedly encouraging in terms of opportunities for different actions aimed at enforcing their rights, regressive and repressive measures that should have been reversed ended up being consolidated during the year due to the political conditions existing in the Paraguayan Congress, which is strongly influenced by agribusiness interests.

Oscar Ayala Amarilla is a human rights defender, lawyer and coordinator of the legal team of Tierraviva a los Pueblos Indígenas del Chaco,Paraguay. Contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

This article is based on another, by the same author, published on the website of the Coordinating Committee for Human Rights in Paraguay. Available at https://ddhh2022.codehupy.org.py/los-indi�-https://ddhh2022.codehupy.org.py/los-indi�-genas-siguen-al-albur-de-una-clase-politica-negligente-y-sometida-a-intereses-economicos/ 

This article is part of the 37^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.

Notes and references

^[1] CODEPUHY. “Gran movilización contra violaciones de derechos humanos”.CODEHUPY, 10 December 2021. Available at https://www.codehupy.org.py/granmovilizacion-contra-violaciones-de-derechos-humanos/

^[2] Paraguay. Law No. 6830 Amending Article 142 of Law No. 1160/1997 “CriminalParaguay. Law No. 6830 Amending Article 142 of Law No. 1160/1997 “Criminal Code”, and its amendment, Law No. 3440/2008. Library and Central Archive of the National Congress, 30 September 2021. Available at https://www.bacn.gov.py/leyes-paraguayas/9670/ley-n-6830-modifica-el-articulo-142-de-laley-n-11601997-#:~:text=%2D%20Invasi%C3%B3n%20de%20inmueble%20ajeno.,libertad%20de%20hasta%20seis%20a%C3%B1os

^[3] CODEHUPY. “CODEHUPY impulsa espacio de diálogo entre el Estado y familias afectadas por desalojos”. CODEHUPY 16 February 2022. Available at https://www.codehupy.org.py/codehupy-impulsa-espacio-de-dialogo-entre-el-estadoy-familias-afectadas-por-desalojos/

^[4] CODEHUPY. “Denunciarán ante la CIDH situación de familias desalojadas enParaguay”. CODEHUPY, 16 March 2022. Available at https://www.codehupy.org.py/denunciaran-ante-la-cidh-situacion-de-familias-desalojadas-en-paraguay/

^[5] CODEHUPY. “Vigésima quinta marcha campesina por la reforma agraria”.CODEHUPY, 22 March 2018. Available at https://www.codehupy.org.py/vigesima-quinta-marcha-campesina-por-la-reforma-agraria/

^[6] Chamber of Senators. “En reunión interinstitucional tratan situación de comunidades campesinas e indígenas”. Chamber of Senators, 17 April 2022. Available at http://www.senado.gov.py/index.php/noticias/noticiascomisiones/9546-en-reunion-interinstitucional-tratan-situacion-decomunidades-campesinas-e-indigenas-2022-04-27-17-42-45

^[7] “Marcha indígena: Sin territorio no hay vida digna”. Tierraviva, October 2022. Available at https://www.tierraviva.org.py/marcha-indigena-sin-territorio-nohay-vida-digna/

^[8] "Por el solo hecho de nuestra existencia los pueblos indígenas que habitamosel Paraguay tenemos derechos a vivir libre y dignamente en nuestro hábitat tradicional “. Tierraviva, 12 October 2022. Available at https://www.tierraviva.org.py/por-el-solo-hecho-de-nuestra-existencia-los-pueblos-indigenas-quehabitamos-el-paraguay-tenemos-derecho-a-vivir-libre-y-dignamente-ennuestro-habitat-tradicional/

^[9] “EPP mató a pareja de indígenas antes de enfrentamiento, según FTC”. Última“EPP mató a pareja de indígenas antes de enfrentamiento, según FTC”. Última Hora, 23 October 2022. Available at https://www.ultimahora.com/epp-matopareja-indigenas-antes-enfrentamiento-segun-ftc-n3029956.html

^[10] I/A Court H.R. Resolution of the Inter-American Court of Human Rights of 24 June 2022, Case of Yakye Axa v. Paraguay. Monitoring Resolution of Judgement Available at: https://www.corteidh.or.cr/docs/supervisiones/yakyeaxa2406_22.pdf

Tags: Global governance, Human rights