Amnesty International Report 2016/17 - Paraguay

Republic of Paraguay
Head of state and government: Horacio Manuel Cartes Jara

Figures on poverty reduction improved, although children and adolescents continued to be those principally affected. Indigenous Peoples continued to be denied their rights to land and to free, prior and informed consent on projects affecting them. Both Indigenous Peoples and Afro-Paraguayans faced racial discrimination. A bill to eliminate all forms of discrimination was pending approval at the end of the year. There were reports of violations of freedom of expression and of the persecution of human rights defenders and journalists. Abortion remained criminalized and child and teenage pregnancies continued to be a concern.

BACKGROUND

In October a new Ombudsman was appointed after a gap of seven years.

INTERNATIONAL SCRUTINY

In January, Paraguay's human rights record was examined under the UN Universal Periodic Review (UPR) process. The Human Rights Council made a number of recommendations, including urging Paraguay to approve a bill to eliminate all forms of discrimination on the basis of sexual orientation and gender identity; to develop legal systems to prevent and punish violence against women and girls; to reinforce protection of the rights of Indigenous Peoples; to protect the free exercise of freedom of the press, expression and opinion; and to address impunity for human rights violations committed against human rights defenders and journalists. Paraguay accepted all the recommendations except those related to the decriminalization of abortion.

In October the UN CERD Committee issued its report and concluding observation based on Paraguay's fourth to sixth periodic reports. It made a number of recommendations, including urging Paraguay to take affirmative action to overcome systemic discrimination against Indigenous Peoples and Afro-Paraguayans. The Committee also highlighted weak state protection of rights to prior consultation and Indigenous Peoples' rights over their lands, territories and resources.

In November, the UN Special Rapporteur on the right to food visited Paraguay and met with public authorities and members of civil society. She was due to present her report on the visit in 2017.

INDIGENOUS PEOPLES' RIGHTS

In February, the Inter-American Commission on Human Rights granted precautionary measures to Ayoreo Totobiegosode communities living in voluntary isolation, calling on the Paraguayan government to protect the communities from third parties seeking to access their ancestral lands. In October, the CERD Committee called on Paraguay to fully abide by these precautionary measures.

In October, the Yakye Axa community remained without access to their lands despite a ruling from the Inter-American Court of Human Rights ordering the government to construct an access route. The CERD Committee called on Paraguay to intensify efforts to effectively comply with the Court's judgment.

The case regarding the ownership of land expropriated from the Sawhoyamaxa community was still pending at the end of the year despite the fact that in June 2015 the Supreme Court of Justice had rejected the appeal brought by a livestock company to stall the effects of a law passed to return the land to the community.

In October, the CERD Committee urged Paraguay to take effective measures to address problems related to access to food, drinking water, sanitation and child malnutrition among Indigenous Peoples and Afro-Paraguayans living in rural areas.

HOUSING RIGHTS – FORCED EVICTIONS

In September, members of the Senate filed a complaint with the Attorney General over the forced eviction of 200 families from the Guahory campesino (peasant farmer) community and the failure of the government to investigate the situation. In December, another eviction took place in this community during a dialogue process between Guahory members and representatives of the National Institute of Rural Development and Land, aimed at assessing information related to land tenure in the community.

In September, human rights organizations reported the forced eviction of the Avá Guaraní de Sauce community in connection with the Itaipu hydroelectric installation.

JUSTICE SYSTEM

In July, the UN High Commissioner for Human Rights expressed concern over the conviction of 11 campesinos in connection with a massacre in Curuguaty in 2012 that left 17 dead. There were reports of irregularities during proceedings regarding the right to an adequate defence and due process.

In October, following a UPR recommendation, the Senate initiated proceedings to create an independent committee to investigate the massacre at Curuguaty in order to ensure access to justice for the victims and their relatives.

WOMEN'S AND GIRLS' RIGHTS

In December, the Chamber of Deputies issued Law 5.777 on comprehensive protection of women from all forms of violence. Femicide was recognized as a distinct criminal offence punishable by a minimum of 10 years' imprisonment. A ban on requiring conciliation between victims of violence and offenders was also approved. The law was due to enter into force after one year.

Pregnancies among girls and young teenagers were alarmingly high. In October, the Centre for Documentation and Research reported that there were on average between 500 and 700 pregnancies among girls aged between 10 and 14 each year. Similar concerns were raised in a UNFPA report, Young Paraguay, which indicated that pregnancy among this group had risen by over 62.6% in the last decade. The principal causes were given as violence against women, social exclusion and macho culture.

FREEDOM OF EXPRESSION

In November a draft bill was presented to establish protection mechanisms for journalists, media workers and human rights defenders. The failure to investigate and prosecute the killings of 17 journalists since 1991 was among the principal drivers behind the demand for increased protection.

HUMAN RIGHTS DEFENDERS

Lawyer and human rights defender Julia Cabello Alonso was warned that she would be disbarred from the Bar Association of Paraguay and prevented from exercising her professional functions because of alleged non-compliance with professional ethics when defending the restitution of Indigenous Peoples' lands.

In its October report, the CERD Committee recommended that Paraguay take steps to strengthen the protection of human rights defenders, including Indigenous leaders and those who defend Indigenous Peoples' rights, against intimidation, threats and arbitrary actions by governmental officials.

Similarly, the Human Rights Council recommended that Paraguay combats impunity for all violations against, including killings of, human rights defenders, as well as investigates allegations of abusive practices by security and law enforcement forces targeted at Indigenous People, and prosecutes those found responsible.