E/C.12/PRY/CO/4
(b)
Act No. 4088 of 13 September 2010 establishing free compulsory primary
education for children 6 to 14 years of age;
(c)
Decree No. 11,416 of 17 July 2013 establishing universal free provision
throughout the country of all health services offered by the Ministry of Public Health and
Social Welfare.
5.
The Committee welcomes the State party’s efforts to integrate a human rights
approach in the planning, design, implementation, monitoring and evaluation of social
programmes and policies. In particular, the Committee welcomes:
(a)
The creation in 2014 of a system for monitoring international
recommendations made by the various human rights mechanisms;
(b)
disabilities;
C.
The formulation in 2014 of a national plan on the rights of persons with
(c)
The adoption in 2012 of the National Plan for Human Rights Education;
(d)
The implementation of the Tekoporã and Abrazo Programmes.
Principle subjects of concern and recommendations
Right to dispose freely of natural wealth and resources
6.
The Committee is concerned that the State party still does not have a legal
mechanism for ensuring that prior, free and informed consent is obtained from indigenous
peoples in relation to decisions that may affect the exercise of their economic, social and
cultural rights. The Committee also notes with concern that a significant number of
indigenous peoples either still lack land or have not obtained legal recognition for their land
and that, even when their lands have been registered, they may still be victims of forced
eviction. In addition, the Committee is concerned about the fact that the State party has not
yet legally recognized the right of indigenous peoples to dispose freely of their natural
wealth and resources or put in place an effective mechanism to enable them to claim their
ancestral lands (art. 1).
In the light of its previous recommendation (E/C.12/PRY/CO/3, para. 23 (b)), the
Committee urges the State party to:
(a)
Take the legislative and administrative measures needed to ensure that
free, prior and informed consent is obtained from indigenous peoples in relation to
decisions that may directly affect the exercise of their economic, social and cultural
rights;
(b)
Adopt, without delay, the measures needed, including legal recognition
and protection, to ensure that indigenous peoples are able to exercise their right to
dispose freely of their lands, territories and natural resources;
(c)
Take all necessary measures to prevent members of indigenous peoples
from being forcibly displaced from the lands and territories they occupy;
(d)
Take the measures needed to put in place a legal mechanism to enable
indigenous peoples to claim lands.
Applicability of the Covenant
7.
The Committee is concerned that the State party has not provided specific
information about cases of direct applicability of the Covenant in domestic courts (art. 2,
para. 1).
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