Territorial rights of indigenous peoples in Paraguay: critical reflections on Law 904/81

Abstract

The research analyzes the effectiveness of Law No. 904/81 in relation to the indigenous land claim procedure, in the light of the Constitution of the Republic of Paraguay and International Human Rights Law. The study is based on a theoretical research, with a non-experimental design, qualitative approach and with a focus on hermeneutics, which intertwines the different methods of legal interpretation. It also uses the knowledge and experience of the researcher who has defended -administratively and judicially-, the land, territory and natural resources of communities and indigenous peoples of the Paraguayan Chaco before all relevant institutional instances. It can be observed that, although Law n.° 904/81 was fundamental for the territorial and ancestral recognition of the indigenous peoples at the time, it currently suffers from several aspects that are outdated and limit land claims. It is also evident that the Paraguayan State openly gives preference to agribusiness lands to the detriment of the territorial rights of indigenous peoples, which transgresses international human rights standards and deepens racial discrimination.