Uruguay

Uruguay is a small country located in the southeastern region of South America. 2 5% to 10%
of Uruguay’s rural population depends directly on forestry. 1 It has a population of over 3.5
million people, of which about 1% are indigenous. The largest indigenous group in Uruguay
is the Charrúa, who were originally nomadic hunter-gatherers. The Charrúa were decimated
by disease and warfare in the 19th century, and today there are only a few hundred remaining.
The Constitution of Uruguay (1967) recognizes the right of indigenous people to their own
culture and language, and to participate in the formulation of laws and policies that affect
them.
The government of Uruguay has made some progress 2 in protecting the rights of indigenous
people. However, there is still much work to be done. Indigenous people in Uruguay continue
to face a number of challenges, including discrimination, poverty, and lack of access to basic
services. The government of Uruguay has a responsibility to ensure that the rights of
indigenous people are fully protected.
Paraguay
Paraguay is a landlocked country located in the central region of South America. It has a
population of over 7 million people, of which about 2% are indigenous. The largest
indigenous group in Paraguay is the Guaraní, who were originally nomadic hunter-gatherers.
The Guaraní were decimated by disease and warfare in the 16th and 17th centuries, and today
there are over 1 million Guaraní living in Paraguay.
In 1981, Paraguay passed the Indigenous Communities Statute (Law 904), which gave
indigenous peoples certain rights, including the right of legal incorporation and the right to
obtain the land necessary for their survival and development. In 1992, the country adopted a
new Constitution which recognizes the special rights of the indigenous population and
recognizes them as ethnic groups with a separate culture identity. One year later, Paraguay
ratified ILO 169. Like other constitutions in Latin America, the Paraguayan Constitution
gives indigenous lands the attributes of being inalienable, unmortgageable, and
imprescriptible. The constitution and the
 Indigenous Community Law also guarantee indigenous groups a high degree of
autonomy in the management of their lands and conduct of their internal affairs.
Unfortunately, these general laws have not been supported by a body of
regulations that defines precisely what powers the indigenous communities have,
resulting in the potential for conflict between the communities and the national
government and its specialized agencies. In practice, experience with the
implementation of these higher-level legal norms has been mixed. With the passage
of the Indigenous Communities Statute, the state created the Paraguayan
1
World directory of minorities and indigenous peoples – Uruguay overview.
@:www.minorityrights.org/5212/uruguay/uruguay-overview.html
2
Uruguay has pledged to ratify the International Labour Organization’s (ILO) 169 Convention, the only
international law designed to protect tribal and Indigenous peoples’ rights.Government officials announced
the decision at the United Nations in Geneva, Switzerland. ILO Convention 169 recognizes and protects tribal
and Indigenous peoples’ right to land ownership and the right to be consulted over projects that could affect
their lands or livelihoods.
 Indigenous Institute (INDI), a dependency of the Ministry of Defense; INDI has
wide powers to enforce the guarantee of indigenous rights, including land rights. On
land rights, INDI acts in close collaboration with the Institute of Rural Wellbeing
(IBR), the agrarian reform agency in Paraguay. INDI has received some financial
support from the government, as well as from some churches and humanitarian
agencies. Nevertheless, excepting for some small areas that indigenous communities
have managed to retain over the years, the lands they claim have to be purchased
from current owners, at high cost; if the owners are not interested in selling willingly,
they must be expropriated by an act of Congress. A recent study showed that in the
Eastern Region of the country, where according to the law the communities require a
minimum of 240,000 hectares, only slightly more than 66,000 hectares had been
passed to them by 2002; in the Western Region, where they should have at least 1.2
million hectares, they have only been given about 972,000 hectares. This same study
shows that after an unsuccessful attempt on the part of the government in 2002 to
reduce INDI’s functions and programs, its budget and staff were cut. The resulting
situation is even more problematic for the indigenous communities, since some of the
land that has already been given to them has not yet been fully paid for, and INDI’s
current insolvency could preclude finalization of the payments.
There are 19 Indigenous Peoples in Paraguay. Paraguay voted in favour of the UN
Declaration on the Rights of Indigenous Peoples in 2007 and ratified ILO Convention 169.
However, Indigenous Peoples are especially challenged by structural discrimination and lack
of economic, social, and cultural rights and the state does not promote, interpret, or apply the
declaration nor the convention sufficiently, and thus the fundamental rights of Paraguay’s
Indigenous Peoples are constantly violated. This deficiency is seen in all three branches of
government: executive, legislative, and judicial.
Challenges
Despite the laws and international standards in place, indigenous people in Uruguay and
Paraguay continue to face a number of challenges. These challenges include:
 Discrimination: Indigenous people in both countries continue to face discrimination
from the non-indigenous majority. This discrimination can take many forms,
including verbal abuse, physical violence, and denial of access to basic services.
 Poverty: Indigenous people in both countries are disproportionately poor. This
poverty is due to a number of factors, including lack of access to education and
employment opportunities, and discrimination.
 Lack of access to basic services: Indigenous people in both countries often lack access
to basic services such as education, health care, and clean water. This lack of access
can have a devastating impact on the health and well-being of indigenous people.
The following are some of the laws related to tribals, indigenous and forest dwellers of South
America, especially Uruguay and Paraguay:
 The Indigenous and Tribal Peoples Convention (ILO Convention 169) is an
international treaty that was adopted by the International Labour Organization (ILO)
in 1989. The Convention recognizes the rights of indigenous and tribal peoples to
 their land, resources, and culture. It also requires governments to consult with
indigenous and tribal peoples before making decisions that affect them.
 The UN Convention on Human Rights is an international treaty. The Convention
recognizes the rights of indigenous and tribal peoples to their land, resources, and
culture. It also requires governments to protect the rights of indigenous and tribal
peoples from discrimination.
 The Constitution of Uruguay recognizes the rights of indigenous and tribal peoples
to their land, resources, and culture. The Constitution also requires the government to
protect the rights of indigenous and tribal peoples from discrimination.
 The Constitution of Paraguay recognizes the rights of indigenous and tribal peoples
to their land, resources, and culture. The Constitution also requires the government to
protect the rights of indigenous and tribal peoples from discrimination.
In addition to these laws, there are a number of other laws and policies that affect the rights
of tribals, indigenous and forest dwellers in South America. These laws and policies are often
complex and vary from country to country. However, they all have the goal of protecting the
rights of indigenous and tribal peoples and ensuring that they have a say in decisions that
affect their lives.
Here are some of the organizations that work to protect the rights of tribals, indigenous and
forest dwellers in South America:
 The Inter-American Commission on Human Rights is an independent body of the
OAS that is responsible for promoting and protecting human rights in the Americas.
The Commission has issued a number of reports on the rights of indigenous and tribal
peoples in South America.
 The International Work Group on Indigenous Affairs is an international non-
governmental organization that works to promote the rights of indigenous peoples
around the world. The IWGIA has a number of publications on the rights of
indigenous and tribal peoples in South America.
 The Forest Peoples Programme is an international non-governmental organization
that works to protect the rights of forest-dependent peoples around the world. The
FPP has a number of publications on the rights of tribals, indigenous and forest
dwellers in South America.
These are just a few of the laws, organizations, and resources that are available to protect the
rights of tribals, indigenous and forest dwellers in South America. With continued advocacy
and support, these groups can help to ensure that the rights of indigenous and tribal peoples
are respected and protected.
 Uruguay:
o Constitution of Uruguay (1967)
 Article 72 recognizes the right of indigenous people to their own
culture and language, and to participate in the formulation of laws and
policies that affect them.
  Paraguay:
o Constitution of Paraguay (1992)
 Article 67 recognizes the right of indigenous people to their own
culture and language, and to participate in the formulation of laws and
policies that affect them.
Conclusion
The governments of Uruguay and Paraguay have made little or no progress in protecting the
rights of indigenous people. There is still much work to be done. Indigenous people in
both countries continue to face a number of challenges, including discrimination,
poverty, and lack of access to basic services. The governments of Uruguay and Paraguay
have a responsibility to ensure that the rights of indigenous people are fully protected