Core document forming part of the reports of States parties

Paraguay *

[21 May 2010]

Contents

Paragraphs Page

I.General information on the Republic of Paraguay1–674

A.General geographic characteristics1–44

B.Ethnic characteristics54

C.Ethnic characteristics of the indigenous population6–74

D.Demographic characteristics of the country and the population8–235

E.Socio-economic characteristics24–4911

F.Cultural indicators50–6717

II.Constitutional, political and legal structure of the State68–14223

A.History and political background68–9423

B.System of government95–14225

III.General framework for the protection and promotion of human rights143–18239

A.Acceptance of international human rights norms146–15439

B.Framework for national promotion of human rights155–18245

IV.Preparation of reports at the national level183–18849

A.Other information relevant to human rights and follow-up to international conferences187–18849

V.Information on non-discrimination and equality measures189–19049

Tables

1.Indigenous population by linguistic family5

2.Total population by area of residence and department5

3.Estimated demographic indicators for life expectancy at birth for the period 2000–2030, by quinquennium6

4.Services, resources and coverage indicators for the period 2004–20097

5.Mortality rates for the period 2004–20088

6.Infant mortality rate per 1,000 live births9

7.Maternal mortality rate9

8.Fertility rate by female age group and global fertility rate (GFR) for the period 1990–205010

9.Number of females aged 12 years and over by total of live births11

10.Paraguay: total population by poverty level12

11.Percentage of population living in extreme poverty12

12.Population living in extreme poverty13

13.Participation rate14

14.Open unemployment rate trends for 15 to 24-year-olds14

15.Employed population aged 10 years and over by sex and occupational category15

16.Percentage of households receiving foreign remittances15

17.Overall enrolment by education level and zone for the period 2004–200817

18.Literacy among 15 to 24-year-olds, country level18

19.Literacy among 15 to 24-year-olds, by sex18

20.Literacy among 15 to 24-year-olds, by area of residence19

21.Percentage of repeaters by academic cycle year, country level, for the period 2004–200819

22.Percentage of overage pupils by academic year, country level, for the period 2004–200820

23.Percentage of dropouts by academic year, country level,for the period 2004–200820

24.Percentage of retention and completion by basic and intermediateeducation cohort, country level21

25.Population aged 10 and over, by age group and religion, country level, 200221

26.Languages spoken, 200222

27.Principal household languages, 200222

28.Constitutional organization of the executive branch34

29.Constitutional structure of the legislative branch35

30.Constitutional structure of the judicial branch37

31.Status of international human rights instruments within the United Nations framework40

32.Status of international human rights instruments within the framework of the Organization of American States42

33.Status of other international human rights instruments44

34.Budget implementation by the Administration for the period 2005–200948

I.General information on the Republic of Paraguay

A.General geographic characteristics

1.The Republic of Paraguay is situated between meridians 54° 19’ and 63° 38’ west and between parallels 19° 18’ and 27° 30’ south. It borders Brazil to the north and east, Argentina to the south and west, and the Plurinational State of Bolivia to the north and west. It is 406,752 km2 in area and has the following natural characteristics: a Mediterranean-type country, from which the sea can be reached via the River Paraguay, the River Parana and the River Plate (1,600 km) or overland via Puerto Paranagua in Brazil (1,200 km). It has no mountains, the highest elevations above sea level being no more than 800 metres.

2.Two natural regions, the western and the eastern, are divided by the River Paraguay. The western region, with 246,925 km2, also known as the Chaco, is semi-arid and constitutes an alluvial plain which is almost entirely flat. It is characterized by conditions of extreme humidity and dryness, and because of its impermeable subsoil the banks of long stretches of the River Paraguay and the River Pilcomayo are subject to flooding. The population of the Chaco represents 1.7 per cent of the country’s total population, and population density is 0.2 inhabitants per km2. Its principal economic activity is extensive livestock-farming, although mixed livestock and crop farms have developed in the Mennonite colonies in the central part of the region.

3.The eastern region, comprising part of the River Paraguay and River Parana basins, is 159,827 km2 in area and represents 39 per cent of the country’s total area. It is undulating and is inhabited by 98 per cent of the population, with a population density of 18.6 inhabitants per km2. Most of the country’s economic activities are located in this region, the most important being livestock-farming and forestry.

4.Paraguay’s resources in terms of soil, vegetation, rivers and fauna are of good quality.

B.Ethnic characteristics

5.Paraguay is a multi-ethnic country, comprising the indigenous population and strongly influenced by Spanish culture; with the founding of Asunción in 1537, Paraguay’s population nucleus was formed by Spaniards and Guaraní Indians. As a result of intensive miscegenation, the rudiments of a new nationality characterized by bilingualism and a blend of both cultures were formed.

C.Ethnic characteristics of the indigenous population

6.A new national population census was conducted in 2002. According to the section on indigenous groups, Paraguay has an indigenous population of 87,099 persons belonging to five linguistic families, each composed of different ethnic groups with their own culture, classified as follows:

(a)Guaraní: Aché, Ava Guaraní, Mbya Guaraní, Paï Tavyretá, Guarayo, Tapieté or Guaraní Ñandeva;

(b)Maskoy language: Toba Maskoy, Lengua Enthlet Norte, Lengua Enthlet Sur, Sanapaná-Angaité, Guaná;

(c)Matako-Mataguayo: Nivaklé, Maká, Manjui;

(d)Zamuco: Ayoreo, Chamacoco Ybytoso, Chamacoco Tomaraho, Ishïrt;

(e)Toba-gauicurú: Toba-Qom.

Table 1

Indigenous population by linguistic family

Linguistic family	Total	Percentage
Total	108 308	100
Guaraní	63 045	58.2
Maskoy	22 286	20.6
Mataco-Mataguayo	17 034	15.7
Zamuco	3 885	3.6

Source: DGEEC, Survey of Indigenous Households 2008.

7.This rich cultural diversity is one of the country’s principal characteristics.

D.Demographic characteristics of the country and the population

8.In the mid-twentieth century, the country had 1,328,452 inhabitants. According to the most recent national population and housing census, conducted in 2002, the number of inhabitants was 5,163,198, representing a fourfold rise in population during that period.

9.The growth rate for the period 1992–2002 was 2.2 per cent, less than the rate of 3.2 per cent for the previous decade. If the current rate is maintained, the country’s population will double in approximately 30 years.

10.In 2008, Paraguay’s population reached 6,164,082, with slightly more women than men. The traditionally rural nature of the Paraguayan population has changed: there is now greater concentration in urban areas and a larger number of women.

11.The following table shows the total population disaggregated by area of residence and department. Central is the most highly populated department, followed by Alto Paraná and the city of Asunción.

Table 2

Total population by area of residence and department

Department	Total	Area of residence
Urban	Rural
Total country	6 164 082	3 611 111	2 552 971
Asunción	518 792	518 792	-
Concepción	201 077	72 226	128 851
San Pedro	352 978	61 863	291 115
Cordillera	289 852	96 537	193 315
Guairá	220 557	79 326	141 230
Caaguazú	476 437	150 563	325 874
Caazapá	140 480	28 864	111 615
Itapúa	523 203	160 348	362 855
Misiones	119 485	69 851	49 633
Paraguarí	247 507	44 414	203 093
Alto Paraná	720 225	477 753	242 472
Central	1 929 918	1 667 730	262 188
Ñeembucú	80 066	42 118	37 949
Amambay	90 381	79 465	10 917
Canindeyú	165 067	33 641	131 426
Pres. Hayes	88 058	27 620	60 438

Source: DGEEC, EPH 2008. PARINFO database.

Note: The departments of Boquerón and Alto Paraguay are not included.

12.The population under 15 years of age declined from 43.8 per cent in 1950 to 33.5 per cent in 2008; at the same time, the 65 and over age group continued to be limited in size while growing at a very slow but sustained rate: it rose from 3.7 per cent in 1950 to 6.1 per cent in 2008. The population aged between 15 and 64, which represents the largest population group and labour force, has also increased slightly albeit irregularly, increasing from 52.5 per cent in 1950 to 60.4 per cent in 2008.

1.Life expectancy at birth

13.Life expectancy at birth has increased over the years and is greater for women than for men. For the period 2010–2015, a life expectancy of more than 70 years has been estimated for both sexes. The table below presents the estimated demographic indicators for rural and urban areas, disaggregated by sex and by a five-year period.

Table 3

Estimated demographic indicators for life expectan cy at birth for the period 2000– 2030, by quinquennium

Five-year period	Life expectancy at birth
Total	Men	Women
2000–2005	70.76	68.70	72.92
2005–2010	71.76	69.70	73.92
2010–2015	72.76	70.70	74.92
2015–2020	73.66	71.50	75.92
2020–2025	74.46	72.30	76.72
2025–2030	75.26	73.10	77.52

Source: STP/DGEEC. Paraguay: estimated population by sex and age group, disaggregated into urban and rural areas, 2000–2030.

14.The services and resources of the Ministry of Public Health and Social Welfare have improved. The number of facilities has grown constantly in recent years, reaching a total of 1,028 establishments in 2009. However, the number of inpatient facilities under the Ministry is variable: in 2009 there were fewer inpatient facilities than in 2004.

15.Between 2004 and 2009, the number of available beds provided by the Ministry of Public Health and Social Welfare rose to 418. The number of cases of outpatient treatment per inhabitant also increased, and the annual number of hospital discharges per 1,000 inhabitants is nearly 30.

16.The number of assisted deliveries and surgical procedures has also increased. Deliveries carried out by the Ministry of Public Health and Social Welfare rose from 59,801 in 2004 to 60,076 in 2009; surgical procedures increased from 22,285 in 2004 to 30,985 in 2009.

17.The percentage of PENTA, OPV and BCG-ID vaccination coverage for children under 1 year of age, and SPR coverage for children aged 1 year declined significantly from 2004 to 2009, according to official statistics provided by the Ministry of Public Health and Social Welfare.

Table 4

Services, resources and coverage indicators for the period 2004–2009

Services, resources and coverage indicators	2004	2005	2006	2007	2008	2009
Total number of health facilities under the Ministry of Public Health and Social Welfare (MSB and BS)	917	917	943	967	967	1 028
Total number of inpatient facilities under the Ministry of Public Health and Social Welfare	359	366	347	356	352	354
Number of beds (MSB and BS)	4 228	4 459	4 434	4 453	4 603	4 656
Annual outpatient treatment (all types) per inhabitant (MSB and BS)	0.6	0.6	0.7	0.8	0.9	1.1
Annual number of hospital discharges per 1,000 inhabitants (MSP and BS)	26.8	28.3	29.4	29.4	30.3	29.9
Percentage of institutional births/total live births	81.2	84.2	86.5	88.8	92.8	90.3 (*)
Total number of assisted deliveries (MSP and BS)	59 801	59 020	58 524	56 459	60 493	60 076
Total number of c aesarean deliveries (MSP and BS)	16 830	16 975	17 349	161 816	18 876	19 879
Total number of surgical procedures (MSP and BS)	22 285	24 549	26 141	28 139	30 310	30 985
Percentage of pregnant women treated before the fourth month/number of pregnant women awaiting treatment	23.3	21.4	22.8	18.2	31	29.9
PENTA vaccination coverage for children under 1 year of age (percentage)	89.6	87.7	84.7	78.8	75.5	72
OPV3 vaccination coverage for children under 1 year of age (percentage)	89.7	86.9	84.9	78	75.5	7
BCG-ID vaccination coverage for children under 1 year of age (percentage)	93.9	87.7	85.3	78.2	76.2	73
SPR vaccination coverage for children aged 1 year (percentage)	90.8	87.8	86.1	80.1	77	71

Source: Ministry of Public Health and Social Welfare. Biostatistics Division. Department for Health Surveillance. Expanded Programme on Immunization.

(*) Provisional data.

2.Mortality

18.Maternal mortality represents the highest mortality rate up to 2008. With regard to illness-related mortality, circulatory system illness represents the highest rate, with 100 deaths per 100,000 persons, followed by tumour-related mortality, with 52 deaths per 100,000 persons. Mortality due to external causes accounts for 45 deaths per 100,000 persons. The table below presents the principal mortality rates for the period 2004–2008.

Table 5

Mortality rates for the period 2004–2008

Mortality rates	2004	2005	2006	2007	2008
Overall mortality rate per 1,000 live births	3.8	3.7	3.8	3.8	3.7
Infant mortality rate per 1,000 live births	17	17.8	18	16.77	17.2
Neonatal mortality rate per 1,000 live births	10.7	11.7	12.3	11.3	11.7
Perinatal mortality rate per 1,000 live births	17.7	18.2	19.6	18.5	19.2
Maternal mortality rate per 1,000 live births	154	129	121.4	127.3	119.3
Mortality rate for 5-year- old children per 1,000 live births	21.5	21.8	21.7	19.9	20.4
Mortality rate for children aged 1 to 4, per 1,000 live births	79	73.4	64.3	51.1	53.7
Mortality rate for circulatory system illness per 100,000 persons	57.6	57.1	63.9	69.9	100.8
Tumour-related mortality rate per 100,000 persons	48	50.5	50.7	54.3	52.5
Mortality rate due to external causes per 100,000 persons	44.2	40.1	42.9	41.8	45.9
Mortality rate for transmissible diseases per 100,000 persons	17.6	32.7	29.7	30.3	28.2
Mortality rate for perinatal-period illnesses per 1,000 live births	8.9	9.6	10	18.5	18.5
Mortality rate for respiratory-system illness per 100,000 persons	26.5	22.5	21.4	23.1	19.2
Early neonatal (0 to 6 days) mortality rate per 1,000 live births	8.5	9.4	9.9	9.1	9.4
Late neonatal (7 to 27 days) mortality rate per 1,000 live births	2.2	2.3	2.4	2.2	2.3
Mortality rate for acute respiratory infection in 5 -year - old children per 1,000 live births	20.4	16.2	14.7	12.1	11.6
Mortality rate for malignant tumours per 100,000 persons	48	50.5	50.7	50.7	51.7
Mortality rate for other causes per 100,000 persons	28.1	28.5	30.2	29.3	30.2
Percentage of deaths for unknown causes (R00 – R99)	17.6	16.8	14.1	16	13.8

Source: Ministry of Public Health and Social Welfare. Biostatistics Division.

19.Infant mortality declined significantly in the 10 years between 1996 and 2006. There is greater infant mortality in rural areas than in urban areas, and among male children than among female children. The highest rate of infant mortality occurs during the perinatal period, with 19 deaths per 1,000 live births. The table below charts the changes in Paraguay’s infant mortality rate, disaggregated by area of residence and by sex.

Table 6

Infant mortality rate per 1,000 live births

Period	Total	Area of residence	Sex
Urban	Rural	Male	Female
1996	20.9	17.7	19.3	23.6	18.1
1997	19.7	17.4	17.1	22.6	16.6
1998	19.6	13.8	25.0	21.9	17.3
1999	19.4	16.9	23.7	22.3	16.5
2000	20.2	21.7	17.6	22.8	17.5
2001	19.7	21.5	16.0	21.5	17.8
2002	19.6	20.6	17.7	21.6	17.6
2003	19.4	22.8	13.4	20.9	17.8
2004	17.0	18.0	14.9	18.5	15.0
2005	17.8	18.9	15.5	19.4	15.9
2006	18.0	19.4	15.1	19.9	15.7
2007	16.7	17.5	15.1	18.1	15.2

Source: MSPyBS/OPS_2003. Paraguay. Mortality rates 2000. 1990–1995. MSPyBS_Biostatistics. 1996–2006.

20.Maternal mortality has demonstrated an irregular pattern over the years, but has shown a steady decrease since 2002, with a total of 119 maternal deaths per 100,000 live births.

21.The table below, in which the data has been disaggregated by area of residence, demonstrates the significant gap between the number of maternal deaths occurring in rural and urban areas, where the maternal mortality rate is lower.

Table 7

Maternal mortality rate

Period	Total	Area of residence
Urban	Rural
1990	150.1	-	-
1991	165.8	-	-
1992	99.5	-	-
1993	123.1	-	-
1994	139.5	-	-
1995	130.7	-	-
1996	123.3	86.4	168.1
1997	101.8	75	124.8
1998	110.9	62.2	185.6
1999	114.4	76.1	179.1
2000	164	147.5	193.4
2001	159.7	127.7	225.1
2002	182.1	169.6	206.4
2003	174.1	174.4	173.6
2004	153.5	98.1	263.8
2005	128.5	86.2	214.2
2006	121.4	119.4	125.6
2007	127.3	103.4	179.4
2008	119.3	-	-

Source: MSPyBS/OPS_2003. Paraguay. Mortality rates 2000. 1990–1995. MSPyBS_Biostatistics. 1996–2006.

22.The fertility rate has shown a slight but constant decrease from one five-year period to another. At present, the average rate is three children per fertile female with a median age of 28 years. This may be compared to the average 20 years ago of four children per female with a median age of nearly 29 years.

Table 8

Fertility rate by female age group and global fertility rate (GFR) for the period 1990–2050

Period	Age group	GFR	Median age
15 to 19	20 to 24	25 to 29	3 0 to 34	35 to 39	40 to 44	45 to 49
1990 – 1995	0.0924	0.2055	0.2030	0.1699	0.1211	0.0567	0.0133	4.31	28.92
1995 – 2000	0.0919	0.1869	0.1871	0.1536	0.1033	0.0439	0.0093	3.88	28.52
200 0– 2005	0.0823	0.1685	0.1684	0.1377	0.0921	0.0389	0.0081	3.48	28.49
2005 – 2010	0.0723	0.1537	0.1522	0.1216	0.0787	0.0318	0.0063	3.08	28.32
2010 – 2015	0.0643	0.1408	0.1384	0.1085	0.0685	0.0268	0.0050	2.76	28.19
2015– 2020	0.0583	0.1304	0.1274	0.0984	0.0609	0.0232	0.0042	2.51	28.09
2020– 2025	0.0538	0.1224	0.1190	0.0909	0.0554	0.0207	0.0036	2.33	28.02
2025– 2030	0.0506	0.1165	0.1129	0.0856	0.0516	0.0190	0.0033	2.20	27.97
2030– 2035	0.0484	0.1123	0.1085	0.0818	0.0490	0.0179	0.0030	2.10	27.93
2035– 2040	0.0468	0.1093	0.1054	0.0792	0.0472	0.0171	0.0029	2.04	27.91
2040 – 2045	0.0457	0.1072	0.1033	0.0774	0.0459	0.0166	0.0027	1.99	27.89
2045 – 2050	0.0450	0.1058	0.1019	0.0762	0.0451	0.0162	0.0027	1.96	27.88

Source: STP/DGEEC. Paraguay. National population estimates by sex and age, 2000–2050.

23.The country’s overall average is 2.6 children per female.

Table 9

Number of females aged 12 years and over by total of live births

Urban-rural area and age of female	Total number of females aged 12 years and over	Live births	Average number of children per female
Country total	1 808 647	4 623 790	2.6
12 to 14	187 642	335	0.0
15 to 19	284 076	42 350	0.2
20 to 24	234 018	202 933	0.9
25 to 29	180 467	345 612	2.0
30 to 34	166 167	472 244	2.9
35 to 39	154 188	561 160	3.7
40 to 44	138 285	583 656	4.3
45 to 49	111 650	515 711	4.7
50 to 54	88 921	432 063	5.0
55 to 59	67 354	349 370	5.3
60 to 64	58 065	316 964	5.6
65 to 69	42 236	247 102	6.0
70 to 74	37 422	220 916	6.0
75 to 79	26 228	154 846	6.1
80 to 84	16 854	96 589	5.9
85 to 89	9 662	53 200	5.7
90 and over	5 412	28 739	5.6

Source: DGEEC. National population and housing census 2002.

E.Socio-economic characteristics

24.In recent years Paraguay has had difficulty in sustaining a high level of economic growth. The year 2002 witnessed a severe economic recession, a banking crisis and a 34.7 per cent rise in poverty, which caused the gross domestic product (GDP) to drop to the minimum level. Despite climate conditions that affected agriculture in 2003, the GDP grew by 4 per cent in 2004. This strong economic performance brought stability to the country, which was reinforced by an increase in reserves, reimbursement of international debt and major fiscal reform. Inflation, which had reached 20 per cent in 2003, fell to 5.5 per cent, and extreme poverty dropped to 26 per cent but remained high.

25.The year 2006 once again had important consequences for the agricultural sector: commodity prices on the international market were higher and the country experienced good weather. As a result, the GDP grew by 4 per cent. Favourable conditions continued in 2007, which caused the GDP to rise by 6.8 per cent; it then fell by 1 percentage point in 2008 and a further decline was predicted for 2009.

26.Despite the macroeconomic advances of the previous years, which hardly affected the population, a microeconomic analysis shows that in 2007 the poverty level reached 35.6 per cent and the severe inequalities in income distribution remained unchanged from 2005 to 2007, with a Gini coefficient of 0.508, demonstrating that economic growth had not given rise to a reduction in poverty.

27.Poverty in Paraguay is concentrated in urban areas. Using data from the housing survey and taking the poverty line as a reference, it is possible to estimate the country’s total percentage of people living in poverty, which reached 18.9 per cent in 2008, and of people living in extreme poverty, which reached 19 per cent that same year.

Table 10

Paraguay: total population by poverty level

Poverty level	Total	Total (percent)
Total	6 164 082	100
Extreme poverty	1 169 297	19
Non-extreme poverty	1 169 166	19
No poverty	3 825 619	62.1

Source : DGEEC. EPH 2008. PARINFO integrated database system.

28.A new data-analysis methodology demonstrates that poverty rates in the period under consideration were higher than the estimates made using the previous methodology. According to the new results, poverty in 2005 reached 41.3 per cent while in 2008 it amounted to 37.9 per cent. Urban poverty in 2005 reached 35.5 per cent and decreased to 30.2 percent in 2008. Rural poverty in 2005 stood at 44.2 per cent and rose to 48.8 per cent in 2008.

Table 11

Percentage of population living in extreme poverty

Period	Total	Urban	Rural	Men	Women
1997–1998	18.8	19.2	18.4	7.2	32.0
1999	17.7	18.3	17.2	5.9	31.4
2000–2001	16.7	17.5	15.9	6.7	28.2
2002	24.4	25.1	23.6	13.1	39.2
2003	21.2	21.0	21.5	13.4	31.2
2004	18.3	17.7	18.9	12.2	26.2
2005	16.5	16.6	16.4	10.7	24.3
2006	23.7	23.2	24.3	14.9	35.9
2007	23.2	23.3	23.1	15.4	34.0
2008	19.0	18.8	19.3	10.6	30.9

Source: DGEEC. EPH 2008. PARINFO integrated database system.

29.Extreme poverty reached 16.5 per cent in 2005 and 19 per cent in 2008, or a total of 1,169,297 persons. During the same period, extreme poverty in urban areas rose from 16.6 per cent to 18.8 per cent and in rural areas, it increased from 16.4 per cent to 19.3 per cent.

Table 12

Population living in extreme poverty

Period	Total	Urban	Rural
1997–1998	939 459	193 459	746 189
1999	908 985	160 981	748 004
2000–2001	888 870	191 738	697 133
2002	1 336 138	405 031	931 107
2003	1 194 105	424 290	769 815
2004	1 034 907	392 116	642 791
2005	953 022	357 591	595 431
2006	1 403 277	510 284	892 993
2007	1 395 410	539 813	855 597
2008	1 165 384	378 588	786 795

Source: DGEEC. EPH 1999, 2008–2008. EIH 1997–1998, 2000–2001. PARINFO integrated database system.

30.Paraguay has one of the most unequal distributions of wealth and income in Latin America. The most privileged 10 per cent of the population earns 39 per cent of the country’s total income while the poorest 10 per cent earns only 0.7 per cent of it. The profound inequality in income distribution is such that in the medium- or long-term the gap between rich and poor will persist or grow even wider.

31.According to the standing household survey (EPH) for 2008, the rate of employment participation (employed or unemployed persons in comparison with the total working-age population) is 61.9 per cent, or 2,996,853 individuals. This percentage is higher in rural areas (62 per cent) than in urban areas (61.8 per cent) and higher for males (75.9 per cent) than for females (48.3 per cent).

Table 13

Participation rate

Period	Total	Urban	Rural
1997–1998	57.9	60.6	54.4
1999	57.3	58.5	55.8
2000–2001	60.5	60.6	60.4
2002	61.2	60.5	62.0
2003	59.8	59.1	60.7
2004	63.5	62.5	64.9
2005	61.8	60.6	63.7
2006	59.3	57.9	61.4
2007	60.8	59.7	62.3
2008	61.9	61.8	62.0

Source: DGEEC. EPH 1999, 2002–2008. EIH 1997–1998, 2000–2001. PARINFO integrated database system.

32.Open unemployment affects 11.9 per cent of the population aged 15 to 24. In absolute terms, this means that approximately 86,812 young people were actively seeking employment during the survey period.

Table 14

Open unemployment rate trends for 15 to 24-year-olds

Period	Total
1997–1998	10.3
1999	11.9
2000–2001	13.8
2002	18.6
2003	15.1
2004	13.3
2005	12.0
2006	12.8
2007	12.0
2008	11.9

Source: DGEEC. EPH 1999, 2002–2008. EIH 1997–1998, 2000–2001. PARINFO integrated database system.

33.A total of 26 per cent of employed persons are underemployed, a figure equivalent to just over 782,800 individuals, who work less than 30 hours a week, would like to work more and are available to do so; or who work 30 hours or more a week and earn less than the existing minimum wage.

34.Owing to the predominance of small- and medium-size businesses in the country’s economy, approximately 62.4 per cent of Paraguayan workers are employed by companies with less than six employees.

35.Based principally on independent labour, the Paraguayan economy is composed predominantly of independent workers (33.4 per cent), followed by private sector employees and workers (34.2 per cent), unremunerated family workers (10.5 per cent) and employers (5.2 per cent). This means that just over 5 out of every 10 workers generate income through the direct sale of their products or services.

Table 15

Employed population aged 10 years and over by sex and occupational category

		Sex	Total
Occupational category	Total	Male	Female	(per cent)
Total	2 825 919	1 723 381	1 102 539	100
Employee/worker (public sector)	259 245	134 687	124 558	11.3
Employee/worker (private sector)	967 250	733 825	233 425	21.2
Employer	145 698	118 744	26 954	2.4
Independent worker	944 067	538 082	405 985	36.8
Unremunerated family work	297 595	179 351	118 243	10.7
Domestic employee	208 711	17 596	191 116	17.3
Unreported	3 355	1 096	2 258	0.2

Source: DGEEC. EPH 2008. PARINFO integrated database system.

36.The primary or extractive sector accounts for 26.3 per cent of workers, the secondary sector (manufacturing, construction) for 18.3 per cent and the tertiary sector for 55.4 per cent. Approximately 71.7 per cent of employed women work in the tertiary sector while men work mainly in the tertiary and primary sectors (45 per cent and 31.1 per cent respectively).

37.There is a direct relationship between the lack of sources of employment and migration, which mainly affects young people, especially women, who feel they must go elsewhere in order to seek employment or enrol in advanced study programmes. Migratory movements have had a considerable impact on the population in recent years, and there has been an increase in emigration abroad.

38.Remittances have a significant impact on household income: in Paraguay, 10 per cent of households receive remittances from family members living abroad. In urban areas, that figure stands at 8.3 per cent of households and rises markedly, to 12.4 per cent, in rural areas where family members have no other choice than to take low-productivity jobs (independent worker, employer, unremunerated family worker) or work for companies with less than six employees.

Table 16

Percentage of households receiving foreign remittances

Period	Total	Urban	Rural
2002	2.9	2.5	3.5
2003	3.8	3.3	4.5
2004	4.6	4.9	4.2
2005	6.2	5.5	7.3
2006	9.1	8.1	10.5
2007	11.2	10.3	12.7
2008	10.0	8.3	12.4

Source: DGEEC. EPH 2008. PARINFO integrated database system.

39.Indigenous people are the country’s poorest and most excluded group and have historically been the most marginalized in terms of development. The indigenous illiteracy rate is 38.9 per cent and exceeds 40 per cent in some ethnic groups; only 2.5 per cent of indigenous people have access to potable water.

40.Paraguay offers a healthy investment climate, characterized by a predictable economy and controlled levels of inflation (2.2 per cent in 2009). It is complying rigorously with the terms of a Stand-By Arrangement with the International Monetary Fund, which means that it can qualify for new loans from international financial institutions such as the World Bank and the Inter-American Development Bank.

41.In 2008, inflation stood at around 7.5 per cent, which was higher than the 6 per cent observed in 2007, but still within the medium- and long-term inflation reference index of 5 per cent, with a +/- 2.5 per cent tolerance range, for the second year in a row. Furthermore, underlying inflation (an indicator which excludes volatile items from the food basket) amounted to less than 7.5 per cent in 2008, which was lower than the 7.7 per cent level attained in 2007, as well as being in line with the medium- and long-term inflation reference target. This result also confirmed the downward trend for that indicator beginning in the second half of 2008.

42.The country’s estimated economic growth for 2008, measured by the gross domestic product (GDP) at constant prices, was 5.8 per cent; with respect to the previous year’s rate, growth is estimated at -3.8 per cent for 2009 and 6 per cent for 2010 (Central Bank of Paraguay).

43.Economic performance during that year, from the standpoint of supply, was boosted by good performance in the primary sector, particularly in the areas of agriculture and livestock-farming. Similarly, the industrial sector made an important recovery, sustained mainly by the strong performance of major manufacturing sectors, such as the meat industry; oil, beverages and tobacco production; the lumber industry; machines and equipment production; and paper production and printing.

44.Furthermore, the service sector was increasingly dynamic, with positive economic trends in the areas of trade, communication, transport and, in particular, finance, where the excellent performance of commercial banks was reflected in their high rates of growth.

45.From the standpoint of demand, economic expansion in 2008 was once again driven by a steady increase in foreign demand throughout most of the year, mainly for the principal export products including soy and soy derivatives, cereals, bovine meat and timber, and by a dynamic domestic demand, reflected in greater household consumption, public consumption and private gross fixed capital formation.

46.Estimated growth for 2008 also implies greater GDP per capita, a variable that grew by 3.9 per cent. With this increase, the constant dollar value of GDP per capita, which amounts to US$ 1,556, represents the highest level reached in 47 years.

47.External public debt declined for the sixth consecutive year, falling from 52.1 per cent of the GDP in 2002 to an estimated 16.4 per cent in 2008, for two reasons: a decrease in the debt balance (repayments higher than the amounts received) and an increase in the GDP due to a significant economic recovery.

48.From the beginning of 2008 and up to October of that year, Paraguayan currency increased in value in comparison with that of its principal trading partners, reaching an inter-annual rate of 17.1 per cent. In November, the inter-annual rate began to decline owing mainly to the currency’s strength relative to the United States dollar and the Argentinean peso.

49. As an active member of the international community, the Republic of Paraguay belongs to the principal international organizations including the Organization of American States (OAS) and the United Nations.

F.Cultural indicators

50.Education in Paraguay is divided into three stages: preschool, basic education (EEB) and intermediate education (EEM).

51.Basic education is compulsory; it encompasses grades 1 to 9 and is divided into three cycles of three years each. Since the 1994 education reform, pupils are required to complete grades 7 to 9 which, as part of secondary education under the previous system, were not compulsory. Education reform also led to modifications in the school programme: inclusion of new subject matter, updating of curricula, and new assessment methods. Intermediate education has now replaced secondary education and encompasses grades 1 to 3.

52.Rates of enrolment in the various education stages and cycles showed an inconsistent pattern during the period 2004–2008, demonstrating slight increases and decreases during the first three school years and then rising in subsequent years.

53.With regard to the first and second cycles, there is a barely discernable difference between enrolment figures disaggregated by area of residence. However, in the third cycle, there is a very large difference in the level of enrolment between rural and urban areas, with enrolment being twice as high in urban areas. Intermediate education shows a similar pattern.

Table 17

Overall enrolment by education level and zone for the period 2004 –20 08

	Area of residence
	Urban	Rural
		Basic education			Basic education
Year	Preschool	1st and 2nd cycles	3rd cycle	Intermediate education	Preschool	1st and 2nd cycles	3rd cycle	Intermediate education
2004	65 365	452 404	201 215	152 093	57 109	477 074	115 154	54 764
2005	64 207	457 770	202 501	152 167	57 152	474 658	116 596	56 258
2006	62 585	450 019	200 102	153 351	56 543	463 037	117 028	57 272
2007	67 924	478 026	209 316	162 791	51 112	414 987	105 610	52 506
2008	70 990	469 938	213 321	167 200	52 162	401 323	105 531	55 179

Source: MEC, DGPE, SIEC 2004–2008.

1.Literacy rate

54.The country has a high literacy rate. In 2008, the literacy rate was 98.3 per cent for 15 to 24-year-olds.

Table 18

Literacy among 15 to 24-year-olds, country level

	Total
Period	Absolute	Percentage
1997–1998	880 439	97.3
1999	936 557	97.2
2000–2001	1 014 203	96.3
2002	1 064 712	98.0
2003	1 112 817	98.0
2004	1 151 147	98.6
2005	1 147 494	98.6
2006	1 204 930	98.4
2007	1 225 292	98.8
2008	1 199 493	98.3

Source: DGEEC. PARINFO integrated database system 2008.

55.By disaggregating the data by sex, it can be seen that women have a higher literacy rate than men, a reversal of the country’s situation 10 years previously. This gain is due principally to the great expansion in educational opportunities, the development of channels of communication (roads, mass media, etc.) with urban centres and possibilities of migration. This has narrowed the gap between supply and demand in education for women generally.

Table 19

Literacy among 15 to 24-year-olds, by sex

	Males	Females
Period	Absolute	Percentage	Absolute	Percentage
1997–1998	436 346	97.5	444 092	97.1
1999	462 164	97.1	474 393	97.3
2000–2001	517 784	96.1	496 419	96.5
2002	524 973	98.5	539 739	97.6
2003	553 388	97.9	559 429	98.0
2004	570 319	98.7	580 827	98.4
2005	581 116	98.4	566 379	98.7
2006	608 813	98.9	596 117	98.0
2007	612 258	98.8	613 033	98.8
2008	593 634	98.1	605 859	98.5

Source: DGEEC. PARINFO integrated database system 2008.

Table 20

Literacy among 15 to 24-year-olds, by area of residence

	Urban	Rural
Period	Absolute	Percentage	Absolute	Percentage
1997–1998	521 604	98.8	358 835	95.1
1999	535 179	98.5	401 378	95.5
2000–2001	603 074	97.9	411 129	94.0
2002	646 683	98.7	418 029	96.9
2003	656 800	98.7	456 017	96.9
2004	679 863	99.0	471 283	98.0
2005	682 986	98.9	464 508	98.0
2006	735 916	98.7	469 014	98.0
2007	724 238	98.9	501 054	98.6
2008	732 487	99.0	467 006	97.3

Source: DGEEC. PARINFO integrated database system 2008.

56.According to data provided by the Department of Surveys, Statistics and Censuses, illiteracy is more widespread in rural areas, where it is nearly 2 per cent higher than in urban areas.

57.However, these statistics fail to show the real extent of illiteracy in Paraguay since they do not include so-called functional illiterates, i.e., early school-leavers who have forgotten or make no use of what knowledge they acquired.

58. With regard to the number of repeaters in each academic cycle, there is a higher percentage of repeaters during the first and second cycles of basic education. According to the most recent statistics provided by the Ministry of Education and Culture, that figure does not exceed 5 per cent of the total number of pupils enrolled.

Table 21

Percentage of repeaters by academic cycle, country level, for the period 2004 –20 08

	Total
	Basic education
	1st and 2nd cycles	3rd cycle	Intermediate education
2004	6.7	1.1	0.5
2005	5.1	1.0	0.6
2006	4.9	0.8	0.4
2007	4.1	1.0	0.6
2008	4.5	0.9	0.6

Source: MEC, DGPE, SIEC 2004–2008.

59.The number of overage pupils has been reduced to under 20 per cent, according to official data provided by the Ministry of Education and Culture. Nevertheless, the number remains high with regard to both basic education and intermediate education, giving rise to great concern, because repeaters and overage pupils often drop out of school.

Table 22

Percentage of overage pupils by academic cycle, country level, for the period 2004 –20 08

		Basic education
Year	Preschool	1st and 2nd cycles	3rd cycle	Intermediate education
2004	1.2	22.9	27.1	25.0
2005	1.0	21.4	24.4	23.3
2006	1.0	20.1	22.2	21.1
2007	1.0	19.2	20.6	18.8
2008	0.8	18.5	19.2	17.4

Source: MEC, DGPE, SIEC 2004–2008.

60.The school dropout rate represents the number of pupils who enrol in school and then subsequently abandon their studies. The highest dropout rate occurs during the third cycle of basic education, followed by intermediate education. Nevertheless, in recent years, the dropout rate has declined significantly.

Table 23

Percentage of dropouts by academic cycle, cou ntry level, for the period 2004–20 08

	Total
	Basic education
Year	1st and 2nd cycles	3rd cycle	Intermediate education
2004	6.1	7.6	6.2
2005	6.2	7.5	6.7
2006	6.0	7.5	7.0
2007	4.1	5.4	4.8
2008	4.0	5.3	4.7

Source: MEC, DGPE, SIEC 2004–2008.

61.According to data provided by the Ministry of Education and Culture, the retention rate amounts to 49 per cent for basic education and 76 per cent for intermediate education. The completion rate for both levels is similar to the retention rate, i.e. 45 per cent for basic education and 69 per cent for intermediate education.

Table 24

Percentage of retention and completion by basic and intermediate education cohort, country level

Level	Cohort	Retention rate	Completion rate
Basic education	2000/08	49	45
Intermediate education	2006/08	75	69
Basic and intermediate education	1997/2008	31	29

Source: MEC, DGPE, SIEC.

2.Religion

62.The predominant religion in Paraguay is Roman Catholicism, with 3,892,603 believers, followed by the Evangelical or Protestant religion, with 239,573 believers, according to data provided by the Department of Statistics, Surveys and Censuses.

Table 25

Population aged 10 and over, by age group and religion, country level, 2002

Urban-rural area, sex and religion (country level)		Age group
Total	10 to 11	12 to 14	15 to 19	20 to 29	30 to 39	40 to 49	50 to 59	60 years and over
Both sexes	3 892 603	263 637	381 077	576 807	832 311	640 713	511 801	318 024	368 233
Catholic	3 488 086	234 939	341 754	516 103	742 140	569 750	458 642	287 446	337 312
Evangelical or Protestant	239 573	16 945	24 220	34 103	50 540	43 260	32 890	18 881	18 734
Other Christian	44 275	3 122	4 659	6 722	9 266	7 636	6 014	3 502	3 354
Jewish	1 100	32	51	103	181	167	193	141	232
Orthodox	1 445	57	84	146	235	213	219	200	291
Islam	872	38	36	46	243	316	120	48	25
Hindu	151	9	6	6	47	43	23	13	4
Spiritualism	641	28	39	75	117	119	92	79	92
Buddhism	2 190	61	99	155	282	328	395	360	510
Indigenous religion	25 219	2 367	3 075	4 190	5 976	3 839	2 800	1 564	1 408
Other religions	7 511	551	766	986	1,648	1,362	982	589	627
None	44 334	3 700	4 699	8 017	11 937	6 709	4 628	2 483	2 161
Unreported	37 206	1 788	1 589	6 155	9 699	6 971	4 803	2 718	3 483

Source: DGEEC, 2002.

Freedom of religion, belief and ideology

63.Catholicism is no longer the official religion of the Republic. Nevertheless, article 62 of the Constitution recognizes the contribution Catholicism has made to shaping the nation’s history and culture.

3.Maternal language

64. Paraguay has two official languages – Spanish and Guaraní. The latter is the mother tongue of most of the rural population and of the least well-off social classes in urban areas. These people learn Spanish later at school, since the education system is based predominantly on that language. However, depending on the level of education attained and on whether or not they live in a rural area, they may continue to speak only one language, preferring to use Guaraní in both formal and informal situations.

Table 26

Languages spoken, 2002

Language	Total
Total	5 163 198
Guaraní/Castilian*	2 658 646
Guaraní only	1 260 199
Spanish only	374 076
Other languages	253 442
Minors aged 0 to 4	607 301
Non-speaking	8 582
Unreported	952

Source: National Population and Housing Census, 2002.

Note: Includes persons who speak Guaraní and Spanish, independently of other languages.

65.In the upper and middle strata of the urban population, both in the capital and in major provincial cities, the language learnt and used in the home is Spanish, just as in rural areas Guaraní is the mother tongue generally used.

Table 27

Principal household languages, 2002

Language	Total number of persons	Total number of households
Guaraní	3 142 934	653 600
Castilian	1 747 003	396 802
Other languages	232 535	56 572
Non-speaking	156	135
Unreported	354	188
Total	5 122 982	1 107 297

Source: DGEEC. National Population and Housing Census, 2002.

66. Article 76 of the Constitution guarantees tuition in the mother tongue and stipulates: “Teaching in the early stages of schooling shall be provided in the official language constituting the mother tongue of the pupil. Instruction shall likewise be provided to enable the pupil to learn and use both official languages of the Republic.”

67.“In the case of ethnic minorities whose mother tongue is not Guaraní, one of the two official languages may be chosen.”

II.Constitutional, political and legal structure of the State

A.History and political background

68.From the start of the South American conquest, the Spanish made their way into the centre of the continent and to the banks of the Paraguay River. In 1537, they built a fort, named Nuestra Señora de la Asunción, that would become the mainstay and lifeline for further settlement in the River Plate region. It was the starting-point for virtually all the expeditions that went out to found what are now major cities in South America, and this explains why Asunción is considered the “Mother of Cities”.

69.The Spanish founded cities, built forts and spread Christianity and Spanish culture; they also established certain forms of limited “representative” government, known as “cabildos” or municipal governments, which were of great importance in the colony’s political and social life.

70. Members of the cabildos were appointed by the governors from among the most respected people in the community, such as notaries, merchants, ranchers and landowners.

71. However, “open cabildos” — true popular assemblies — were formed on more than one occasion to deal with matters of particular significance, one example being the Open Cabildo of Asunción, which supported the Revolution of the Comuneros led by the tribunes Antequero and Mómpox.

72. It was not the viceroys, governors, judges, aldermen or high courts that prepared the colonies for self-government and still less for a political life with “popular representation”. That contribution was made by the cabildos, the communal or municipal governments.

73. The aspirations of Buenos Aires after 25 May 1810 to annex Paraguay as a province under the authority of its governing junta, the ineffectiveness of the Spanish Governor, Bernardo de Velazco, who had links with the Portuguese forces, and the courage displayed by Paraguayan troops in their victory over Argentine forces seeking to annex Paraguay led to the historic act of liberation on 14 and 15 May 1811 which gave birth to Paraguay as an independent State.

74. Following a period of political instability, the figure of José Gaspar Rodríguez de Francia emerged. Rodriguez de Francia was a man of learning and leader of the independence movement, who with consummate skill took power, first as part of the triumvirate, then as provisional dictator and finally as dictator for life, between 1814 and 1840. During that period Paraguay closed its borders to contacts and influence from the outside.

75.The country and its inhabitants necessarily became self-reliant, reverting to what was essentially a barter system of trade subject to many limitations and strictly controlled by the dictator.

76.Culture and education in that period made little or no progress, since Rodriguez de Francia closed the schools and prevented the introduction of reading matter of any kind.

77.However, he kept the territory inherited from the colony intact through rigorous military control of its borders, preventing any external influence on Paraguay from destabilizing his regime, at a time of great political upheaval in neighbouring countries.

78. Thereafter, various governments succeeded one another until Don Carlos Antonio López, Paraguay’s first constitutional President, took office in 1844. He modernized the country and opened it up to trade, promoted literature and the arts, and sent students abroad on scholarships, but left boundary disputes with Brazil and Argentina unresolved on his death in 1862.

79. Carlos Antonio López was succeeded by his son, Brigadier-General Francisco Solano López, who had acted earlier as a mediator in the Argentine civil war, preventing a blood bath with the Pact of San José de Flores in 1859. However, efforts to settle the boundary issues produced no agreement satisfactory to Paraguay, despite the legitimate arguments it put forward. The country lost favour and a Triple Alliance, initially kept secret, was formed between the armies of Argentina, Brazil and Uruguay with the object of dispossessing Paraguay of extensive tracts of land.

80. As a result, Paraguay was invaded, sacked and pillaged, and thrown into extreme poverty; but under a provisional Government appointed by the occupation forces it was still able, through an arbitral award by United States President Rutherford B. Hayes, to retain the part of the Chaco (western region) claimed by Argentina – which, like Brazil, annexed large and rich territories.

81.Up to 1912 and later, from 1920 to 1924, Paraguay had a series of governments, most of them unstable. In 1932 the Chaco War broke out with Bolivia, which had designs on that particular part of the western region; there, in heroic fashion and almost without military supplies, the country rallied in the midst of war to win a resounding victory.

82. The political situation then produced a further succession of governments which, in terms of their duration, can only be described as unstable until General Alfredo Stroessner came to power in 1954. General Stroessner instituted a permanent state of siege and centralized power solely in the executive branch.

83.Institutions were corrupted and the machinery of State became yet another tool in the hands of the dictator, who used it essentially to manipulate the electorate and bring in an ostensibly democratic government, while manipulating the opposition and using its members as well as the governing party for his own ends. Anyone daring to oppose him on matters of principle or ideals was persecuted, arrested, tortured and even banished or exiled.

84. Personal rights and the most fundamental human rights were flouted by the dictator and his entire cabinet, on such a scale that even lower-level officials amassed fortunes and violated rights with complete impunity.

85. It was against this background that a coup d’état took place during the night of 2 to 3 February 1989, toppling the Stroessner regime and proclaiming the rule of law, respect for human rights, and freedom of thought and expression, which are now becoming an internationally acknowledged reality.

86.Following the coup d’état, the transition to democracy began in Paraguay. In the first democratic elections, General Andrés Rodríguez was elected president and during his tenure, in 1992, the National Constitution of 1970 was replaced by the current Constitution of the Republic of Paraguay, which was drawn up “By the Paraguayan people, through their lawful representatives meeting in a National Constituent Assembly, recognizing human dignity with the aim of ensuring freedom, equality and justice, reaffirming the principles of representative, participatory and pluralistic republican democracy, confirming national sovereignty and independence, and forming an integral part of the international community.”

87.By virtue of its National Constitution, Paraguay is a social State subject to the rule of law and governed by a democratic and representative system consonant with modern doctrines that combines political democracy with elements of economic and social democracy.

88.Paraguay enjoyed relative political stability under the leadership of Andrés Rodríguez up to 1999.

89.The assassination in March 1999 of Dr. Luís María Argaña, Vice-President of the Republic, gave rise to a political crisis which ended when President Raúl Cubas Grau resigned, after less than one year in office. Juan Ángel González Macchi replaced President Cubas as head of the legislative branch and, in 2003, completed the mandate that had originally been held by Cubas and Argana.

90.The 2003 presidential elections, won by Nicanor Duarte Frutos, signalled a new period of political stability in Paraguay.

91.The elections held on 20 April 2008 ended the hegemony of the Asociación Nacional Republicana (ANR) or Colorado Party, which had governed the country for over 60 years. Political power was handed over to the Patriotic Alliance for Change, a political movement led by the former Bishop of San Pedro, Fernando Lugo, who was supported by the Authentic Radical Liberal Party or Liberal Party, the main opposition party and, historically, the country’s second most important political party, as well as by political parties of lesser importance and the socialist left.

92.From 1989 to the present, Paraguay has made significant advances in human rights. It has now ratified all the human rights treaties in addition to a series of agreements, protocols, conventions and pacts, and has established a legal framework to ensure their effective implementation.

93.Promotion and dissemination of the international instruments ratified by Paraguay is carried out by the Human Rights Office, an official agency of the Ministry for Foreign Affairs which receives complaints, responds to questionnaires, produces reports, holds seminars, symposiums and meetings and disseminates through all media channels information on human rights activities.

94.Legal action has been brought against the majority of those responsible for human rights violations under the dictatorship. Moreover, in accordance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, victims of human rights violations during that period have received and continue to receive compensation.

B.System of government

95.Paraguay is a republic, the president of which is chosen through democratic elections. In accordance with the principle of balance of powers, the legislative and judicial branches act as counterweights to the executive branch.

96.The democratic transition that began in Paraguay in 1989 led to the creation or reorganization of a series of politico-institutional structures and the approval of a new National Constitution, which guarantees full respect for human rights.

97.In its fundamental provisions, the Constitution establishes, in article 1, that: “The Republic of Paraguay shall always be free and independent. It constitutes a social State subject to the rule of law, which shall be unitary, indivisible and decentralized in the form established by this Constitution and by law. The Republic of Paraguay shall be governed as a representative, participatory and pluralistic democracy, founded on the recognition of human dignity.”

98.Article 2 of the Constitution stipulates: “In the Republic of Paraguay sovereignty resides with the people, who shall exercise it in accordance with this Constitution.”

1.Legislative branch

99. As provided under title II (Structure and organization of the State), chapter 1 (legislative branch), article 182, legislative power is exercised by the Congress, composed of a Chamber of Senators and a Chamber of Deputies, with 45 and 80 members respectively. Members are elected in general elections, under a “closed list” system, and seats are allocated, according to the D’hont method, on the basis of the number of votes obtained by each party. The term of office for both senators and deputies is five years and they may be re-elected.

100.Both chambers meet annually in ordinary sessions, from 1 July of each year until 30 of June the following year, with a recess during the period 21 December to 1 March, the date on which the President of the Republic presents his report, pursuant to article 184 relating to sessions.

101.As further provided under article 184, the two chambers may convene extraordinary sessions or prolong their session by a decision approved by one quarter of the members of either house, by a resolution approved by two thirds of the Standing Congressional Committee, or by an executive decree. The president of the Congress, or of the Standing Committee, must convene such sessions within 48 hours.

102.Prolongation of sessions is carried out in the same manner. Extraordinary sessions are convened for the purpose of considering a set agenda and end when the agenda has been completed.

103.Each chamber designates its authorities and appoints its employees, in accordance with article 200 relating to the election of authorities.

104.Article 202 sets forth the duties and powers of Congress, which are to:

(a)Ensure observance of the Constitution and the law;

(b)Enact codes and laws, amend or waive them, in interpretation of the Constitution;

(c)Determine the political division of the territory of the Republic, and the organization of the regions, departments and municipalities;

(d)Legislate on taxation;

(e)Approve the national budget each year;

(f) Enact the electoral law;

(g) Determine the legal system for the disposal and acquisition of governmental, departmental and municipal property;

(h) Issue decisions and authorizations, and formulate declarations, in accordance with its powers;

(i) Approve or reject treaties and other international agreements signed by the executive authority;

(j) Approve or reject arrangements for loans;

(k)Authorize, for specified periods, concessions to operate national or multinational public services or manage State property, and to extract and process solid, liquid or gaseous minerals;

(l)Enact laws on the organization of the administration of the Republic, for the purpose of establishing decentralized bodies and administering public credit;

(m) Issue emergency laws in the event of a disaster;

(n) Receive the constitutional oath or promise of the President of the Republic, the Vice-President and other officials, in accordance with the provisions of the Constitution;

(o) Receive from the President of the Republic a report on the overall situation and administration of the country and on government plans;

(p) Accept or reject the resignation of the President of the Republic or the Vice-President;

(q)Issue the authorizations and make the appointments prescribed in the Constitution, and designate representatives of Congress in other State organs;

(r) Issue amnesties;

(s) Decide on any transfer of the capital of the Republic to another part of Paraguay, by a two-thirds majority of the members of each chamber;

(t) Approve or reject, wholly or in part, and further to a report by the Comptroller General of the Republic, the particulars and evidence of public income and expenditure under the budget;

(u)Issue regulations on river, maritime, air and space traffic; and

(v) Any other duties and powers established in the Constitution.

105.As provided under section II (drafting and approval of laws), article 203 (origin and initiation of laws), a law may be proposed by a member of either chamber of Congress, by the executive branch, by popular initiative or by the Supreme Court of Justice, in the cases and under the terms set out in the Constitution and by law. The only exceptions with regard to the initiation of laws by one or the other chamber or by the executive branch are those expressly laid down in the Constitution. Each new bill must be accompanied by the appropriate justification.

106.As provided under article 204 (approval and promulgation of laws), once a bill has been approved by the chamber where it originated, it must be submitted immediately to the other chamber for consideration. Following approval by the other chamber, the bill is considered to have passed. If approved by the executive authority, the bill is promulgated as law and published within five days.

107.As provided under article 205 (automatic promulgation), any bill that has not been vetoed or returned by the executive branch to the originating chamber within six working days, if it contains less than 10 articles, or within 12 working days, if it contains more than 20 articles, will be considered to have been approved by the executive branch. In all such cases, the law will be promulgated automatically and its publication will be arranged.

108.The exclusive powers of the Chamber of Deputies are to: (a) initiate the consideration of bills pertaining to departmental and municipal legislation; (b) appoint or promote judges and public officials, in accordance with the provisions of the Constitution and the law; (c) issue authorization for action by departmental and municipal government authorities; and (d) any other exclusive powers established in the Constitution, in accordance with article 222.

109.As set out in article 224, the exclusive powers of the Chamber of Senators are to:

(a)Initiate the consideration of bills concerning the approval of international treaties and agreements;

(b)Approve military and police promotions, as from the rank of Colonel in the army or the equivalent in the other branches and services, and as from the rank of Chief Commissioner in the police;

(c)Authorize the appointment of ambassadors and ministers plenipotentiary abroad;

(d)Appoint or nominate judges and public officials, in accordance with the provisions of the Constitution;

(e)Authorize the dispatch of Paraguayan military forces abroad, and the admission of foreign troops into Paraguay;

(f)Approve the appointment of the Chairman and directors of the Central Bank of Paraguay;

(g)Approve the appointment of Paraguayan directors of binational bodies; and

(h)Any other exclusive powers established in the Constitution.

2.Executive branch

110. As provided under chapter II (executive branch), section I (President and Vice-President of the Republic), article 226, executive power is exercised by the President of the Republic. Article 228 stipulates that to serve as President or Vice-President, it is necessary to be a Paraguayan national by birth, have reached 35 years of age and enjoy full exercise of one’s civil and political rights.

111.Article 227 establishes the office of Vice-President of the Republic. The Vice-President can immediately take over from, and exercise all the functions of, the President if the latter is unable to perform those functions or is temporarily absent or if the office of President falls vacant.

112.As provided under article 229, the President and Vice-President of the Republic each serve a five-year fixed term of office, beginning on 15 August following the elections. They may under no circumstances be re-elected. The Vice-President may, however, be elected President for the subsequent term, provided that he has ceased to serve in his post six months before the general election. No one having served as President for more than 12 months may be elected Vice-President.

113. The President and Vice-President of the Republic are to be elected together and directly by the people, by a simple majority of votes cast in a general election which must be held between 90 and 120 days before the end of the current constitutional term, pursuant to article 230 relating to presidential elections. The President and Vice-President take the oath of office before Congress, pledging to comply faithfully and patriotically with their constitutional duties. If on the appointed day, Congress fails to reach the quorum needed to hold a meeting, the ceremony will take place before the Supreme Court of Justice (art. 232).

114.As provided under article 238 of the Constitution, the duties and powers of the President of the Republic are to:

(a)Represent the State and direct the general administration of the country;

(b)Implement and enforce the Constitution and the laws;

(c)Participate in the drafting of legislation, in accordance with the Constitution, and promulgate, have published, regulate and oversee the implementation of such legislation;

(d)Veto wholly or in part laws passed by Congress, making what comments or objections he deems appropriate;

(e)Issue decrees, which require the endorsement of the minister of the department concerned in order to become effective;

(f)Appoint or remove ministers of the executive branch, the Attorney General of the Republic or public officials at his own discretion where their appointment to, and tenure in, such posts are not otherwise regulated by the Constitution or the law;

(g)Direct the conduct of the Republic’s external relations; in the event of external aggression, and subject to Congressional authorization, declare a national state of defence or conclude peace;

(h)Negotiate and sign international treaties;

(i)Receive the heads of diplomatic missions and consuls of foreign countries; appoint ambassadors, with the approval of the Senate;

(j)Give an account to Congress, at the beginning of each annual session, of the activities of the executive branch, and also report on the state of the nation and plans for the future;

(k)Act as Commander of the National Armed Forces, a function which may not be delegated; in accordance with the law, issue military regulations and direct, organize and station the armed forces; appoint or remove the commanders of the forces of law and order at his own discretion; take the necessary measures for the defence of the nation; assign ranks in all the services up to that of Lieutenant-Colonel or its equivalent at his own discretion, and assign higher ranks with the approval of the Senate;

(l)Grant pardons or commute sentences imposed by the judges and courts of the Republic, in accordance with the law and with the advice of the Supreme Court of Justice;

(m)Convene Congress in special sessions of either or both Chambers to deal solely with those matters put before them for their respective consideration;

(n)Place before Congress draft legislation, which may be accompanied by a request for urgent consideration, within the terms laid down by the Constitution;

(o)Direct the collection and investment of the revenues of the Republic, in accordance with the national budget and the law, and report annually to Congress on the execution of the budget;

(p)Prepare the draft annual budget of the nation and present it for consideration by the Chambers;

(q)Ensure the implementation of decisions of the authorities created by the Constitution; and

(r)Exercise such other duties or powers as are specified by the Constitution.

115.As laid down in article 239, the duties and powers of the Vice-President of the Republic are to: (a) take over immediately from the President of the Republic in the cases provided for by the Constitution; (b) represent the President of the Republic, nationally or internationally, when so designated by the President and with all the latter’s prerogatives; and (c) participate in the deliberations of the Council of Ministers and coordinate relations between the executive and the legislative branches.

116.Section II of the Constitution concerns the ministers and the Council of Ministers of the executive branch. Section II, article 240, entrusts the management and conduct of public affairs to the ministers, whose number and functions are determined by law.

117.As provided under article 242 (duties and powers of the ministers), ministers are the administrative heads of their respective government departments, where, under the direction of the President of the Republic, they promote and execute policy relating to matters within their fields of competence. They bear joint and several responsibility for the acts of State they endorse. Each year they submit to the President of the Republic a written report on their activities, which is brought to the attention of Congress.

118.The Council of Ministers is convened by the President of the Republic to coordinate executive tasks, promote government policy and adopt collective decisions. The Council of Ministers deliberates on all matters of public interest raised by the President of the Republic for consideration by the Council, acting as an advisory body; discusses initiatives in the legislative field; and ensures that its decisions are published regularly.

3.Attorney General of the Republic

119.The Office of the Attorney General of the Republic is established under section III, articles 244 to 246. It is headed by the Attorney General, who is appointed and removed by the President of the Republic.

120. The duties and powers of the Attorney General of the Republic are to: (a) represent and defend the patrimonial interests of the Republic in judicial or extrajudicial proceedings; (b) issue rulings in such cases and for such purposes as may be specified by the law; (c) provide legal advice to the public administration in the form laid down by law; and (d) exercise such other duties and powers as may be defined by the law.

4.Judicial branch

121.As provided under chapter II (Judicial branch), section I (General provisions), article 247 (function and composition), the judiciary is the custodian of the Constitution and interprets and enforces it. Justice is administered by the judiciary, through the Supreme Court of Justice and the other courts, as established by the Constitution and by law.

122.The judicial branch has its own budget, pursuant to article 249. The national budget allocates to the judicial branch no less than 3 per cent of the central government’s budget. The budget of the judicial branch is approved by Congress, and the Comptroller General controls all the judiciary’s expenditures and investments.

123.As provided under article 250, Supreme Court justices take the oath of office before Congress. All other judges are sworn in before the Supreme Court of Justice. Members of the country’s courts are appointed by the Supreme Court from a list of three candidates proposed by the Council of the Magistrature (art. 251).

124.As provided under article 252, judges may not be removed from their post, seat or rank during the term for which they have been appointed. They may not be transferred or promoted without their prior and express consent. Judges are appointed for a five-year term, beginning on the day of the appointment. Judges who have served two terms following the term for which they were appointed may not be removed from their post until reaching the age limit established for Supreme Court justices.

125.As provided under article 253, judges may only be tried and removed from office for crimes or misconduct as defined by law by a decision of a Judicial Indictment Board composed of two Supreme Court justices, two members of the Council of the Magistrature, and two senators and two deputies, who must be lawyers. The functioning of the Judicial Indictment Board is governed by law.

126.As laid down in article 256, court proceedings are oral and public, in the manner and to the extent established by law. All court rulings are based on the Constitution and the law and may be openly criticized. Proceedings regarding labour matters are comprehensive and based on the principles of immediacy, economy and concentration.

127.As provided under section II, article 258, the Supreme Court of Justice consists of nine members and is organized into chambers, one of which hears constitutional matters. Each year members of the Supreme Court elect one of the justices as president of the Court.

128.The conditions for membership on the Supreme Court of Justice are: Paraguayan nationality from birth, a minimum age of 35, a doctorate in law, proven good character, in addition to at least 10 years’ experience as a lawyer, judge or university professor of law, jointly, separately or successively. Members of the Supreme Court may only be removed by impeachment. They remain in their post until the age of 65.

129. As laid down in article 259, the duties and powers of the Supreme Court of Justice are to:

(a)Oversee all bodies of the judiciary and decide on final instance on conflicts of jurisdiction, in accordance with the law;

(b)Issue its own rules of procedures, and submit an annual report to the executive branch and the legislative branch on its activity and on the status and needs of national justice;

(c)Hear and rule on general appeals specified by law;

(d)Hear and rule, on first instance, on habeas corpus, without prejudice to the jurisdiction of other courts;

(e)Hear and rule on unconstitutionality;

(f)Hear and rule on applications for judicial review, in the manner and to the extent established by law;

(g)Preventively suspend, on its own initiative or on a request made by the Judicial Indictment Board by an absolute majority of the members, any judge who has been indicted, until final adjudication of the case;

(h)Supervise custodial establishments;

(i)Rule on conflicts of jurisdiction between the executive branch and departmental authorities and between the latter and municipal authorities; and

(j)Any other powers established in the Constitution and the law.

130.As provided under article 260, the duties and powers of the Constitutional Chamber are to:

(a)Hear and resolve cases involving the unconstitutionality of the laws and of other normative instruments, declaring inapplicable each specific case of a legal provision that is contrary to the Constitution, through rulings that will only affect the case in question;

(b)Decide on the unconstitutionality of final or interlocutory decisions and to nullify those that are contrary to the Constitution;

(c)Petitions of unconstitutionality may be filed directly before the Constitutional Chamber of the Supreme Court of Justice or as a procedural defence before any other court, in which case the relevant files will be submitted to the Supreme Court.

5.Council of the Magistrature

131. Section III of the Constitution refers to another constitutional body, the Council of the Magistrature. As provided under article 262 (composition), the Council consists of:

(a)A member of the Supreme Court of Justice, appointed by the Court itself;

(b)A representative of the executive branch;

(c)A senator and a deputy, each appointed by the respective Chamber;

(d)Two practising lawyers, directly elected by their peers;

(e)A professor from the Faculty of Law of the National University, elected by his peers; and

(f)A professor, with not less than 20 years’ experience, from the faculties of law of the private universities, elected by his peers.

132. As laid down in article 264, the duties and powers of the Council of the Magistrature are to:

(a)Draw up lists of three candidates for the Supreme Court of Justice, on the basis of suitability and merit, and forward the lists to the Chamber of Senators to appoint such persons, with the approval of the executive branch;

(b)Draw up for the Supreme Court of Justice, with the same selection criteria, lists of three candidates for posts in the lower courts and for the office of judge or procurator;

(c)Draw up its own rules of procedure; and

(d)Any other duties and powers established in the Constitution and the law.

6.Public Prosecutor’s Office

133.Section IV, article 266, establishes the Public Prosecutor’s Office, which represents civil society in the courts and enjoys functional and administrative independence in discharging its duties and exercising its powers. The functions of the Office are exercised by the State Attorney General and the procurators as prescribed by law.

134.The duties and powers of the Public Prosecutor’s Office are to:

(a)Ensure respect for constitutional rights and safeguards;

(b)Exercise the public right of action to defend the public and social heritage, the environment and other broad-ranging interests, as well as the rights of the indigenous peoples;

(c)Initiate criminal proceedings in cases where an application by the interested party is not required in order to bring or continue such proceedings, without prejudice to cases in which the judge or court proceeds automatically, as determined by law;

(d)Gather information from public officials for the proper discharge of its duties; and

(e)Any other duties and powers established by law, in accordance with article 268 of the Constitution.

135. The Attorney General is irremovable. He holds office for five years and may be re-elected. He is appointed by the executive branch, with the approval of the Senate, from a list of three candidates proposed by the Council of the Magistrature, as provided under article 269 of the Constitution.

7.Electoral courts system

136. As provided under section V (electoral courts system), article 273, the convening, organizing, supervising and monitoring of acts and matters relating to general, department or municipal elections, and to the rights and qualifications of persons who are elected, fall exclusively within the jurisdiction of the electoral courts. Issues relating to any kind of referendum, and to elections and the functioning of political parties and movements, also fall within their jurisdiction.

137. As provided under article 274, the electoral courts system consists of the Higher Electoral Tribunal, the ordinary courts, the procurators’ offices and any other bodies established by law, which specifies their organization and functions.

138. As provided under article 275, the Higher Electoral Tribunal consists of three members, who are elected and removed by the procedure established for members of the Supreme Court of Justice.

139.The conditions for membership on the Higher Electoral Tribunal are: Paraguayan nationality, a minimum age of 35, a doctorate in law, in addition to at least 10 years’ experience as a lawyer, judge or university professor of law, jointly, separately or successively.

8.Office of the Ombudsman

140.As provided under chapter IV (other State institutions), section I (Office of the Ombudsman), article 276, the Ombudsman is a parliamentary commissioner whose duties are to defend human rights, channel claims by citizens and protect community interests. The Ombudsman may under no circumstances exercise a judicial or executive function.

141.The Ombudsman is independent and may not be removed from office. He is appointed by a two-thirds majority of the Chamber of Deputies, from a list of three candidates proposed by the Senate, to a five-year term, corresponding to the congressional term. The Ombudsman may be re-elected and may also be removed from office for misconduct, by the impeachment procedure established under the Constitution.

142.As provided under article 279, the duties and powers of the Ombudsman are to:

(a)Receive and investigate charges, complaints and claims concerning human rights violations and such other acts as may be determined by this Constitution and the law;

(b)Request from the authorities, including the police and security forces at their various levels, information for the more effective performance of his duties, the said authorities having no right of objection. The Ombudsman may have access to the places where the above-mentioned acts are reported to have been perpetrated. He may also act on his own initiative;

(c)Publicly censure acts or conduct contrary to human rights;

(d)Report annually to the two Chambers of Congress on his activities;

(e)Draw up and issue reports on those aspects of human rights which, in his view, require prompt public attention, together with any other duties and powers established by law.

Table 28

Constitutional organization of the executive branch

Function and body	Composition
Executive branch	President and Vice-President	President of the Republic Vice-President of the Republic Secretary-General of the Republic
	Ministries and Secretariats of State	Ministry of Justice and Labour Ministry of Public Health and Social Welfare Ministry of National Defence Ministry of the Interior Ministry of Industry and Trade Ministry of Agriculture and Livestock-farming Ministry of Housing Ministry of Education and Culture Ministry for Foreign Affairs Secretariat for Tourism Secretariat for the Environment Secretariat for Women Secretariat for Information and Communication National Antidrug Secretariat National Secretariat for Children and Adolescents Civil Service Secretariat Secretariat of Development for Repatriates and Refugees Secretariat for Social Action Secretariat for Culture National Secretariat for Athletics Technical Secretariat for Planning National Emergency Secretariat Vice-Ministry for Youth

Source: Ministry of Justice and Labour, 2010.

Table 29

Constitutional structure of the legislative branch

Function and body	Composition
Legislative branch	Chamber of Senators	President and Vice-President	President First Vice-President Second Vice-President
		Parliamentary Secretariats	First Parliamentary Secretary Second Parliamentary Secretary Third Parliamentary Secretary
		Secretariat	Secretary-General
		Administration Drawer Shorthand clerks	Secretary
		Standing Committees	Constitutional matters relating to national defence
			Legislation, codification, justice and labour
			Housing, budget and accounts
			Foreign relations
			Petitions, powers and rules
			Culture, education and religion
			Human rights
			Economy, Latin American development and economic integration
			Agrarian reform and rural welfare
			Public health, social security, prevention of and combat against drug trafficking
			Departmental, municipal, district and regional affairs
			Public works and communication
			Energy, national resources, population and ecology
			Style
			Equality, gender and social development
	Chamber of Deputies		Director of Administration and Finance Secretary-General for Administration
		President	Administrative Secretary
			Director-General for Communication
			Shorthand clerks
		Vice-President	First Vice-President Second Vice-President
		Parliamentary Secretariats
		Procedural Committees	President First Vice-President Second Vice-President Constitutional matters Economic and financial affairs Legislation and codification Foreign affairs Justice, labour and social benefits Human rights Education, culture and religion Works, public services and communications
		Standing Consultative Committees	Press and social communication Agriculture and livestock-farming National defence, security and public order Industry, trade and tourism Public health Municipal and departmental affairs Social development, population and housing Budget accounts and budget control Petitions, powers, rules and drafting Combat against drug trafficking and related and serious illegal acts Science and technology Energy and mining Ecology, natural resources and environment Rural welfare Social and gender equality Sports Indigenous peoples
		Special Committees
		Bicameral Committees

Source: Ministry of Justice and Labour, 2010.

Table 30

Constitutional structure of the judicial branch

Function and body	Composition
Judicial branch	Supreme Court of Justice	Constitutional Chamber
		Criminal Chamber
		Civil Chamber
		Secretariat-General
		Cabinet	Cabinet of Ministers Cabinet of the President
		Department of Administration and Finance
		Office of Motor Vehicle Registration
		Public Registry Office
		Office of Human Resources
		Office of Computer Technology and Systems
		Office of Planning and Development	Technical implementation units
		Department of Internal Auditing
		International Centre for Legal Studies (CIEJ)
		Legal library
		Documentation centre and archives
		Public relations and protocol
		Communications Office
		Civil statistics
		Criminal statistics
		General archives
		Bank vault
		Judicial deposits
		Revenue Office
		Constitutional guarantees
	Superintendancy Inspectorate	President First Vice-President Second Vice-President
	Supervisory Authority for Justice		Accounts Court, First and Second Chambers General Bankruptcy Receivers
		Penal reform bodies	Courts of Appeal, Capital and Interior
		Office of Criminal Conciliation	Criminal Sentencing Courts, Capital and Interior
		Office of Criminal Conciliation	Courts of First Instance, Capital and Interior
		Office of Civil, Labour and Other Mediation	Courts of First Instance, Children and Adolescents
		Office of Implementation	Enforcement Courts, Capital and Interior
		Psychiatric Services and Social Services	Higher Peace Courts, Capital Peace Courts, Capital and Interior Public Defender’s Office, Capital and Interior
		Judicial Secretariat I
		Judicial Secretariat II
		Judicial Secretariat III

Source: Ministry of Justice and Labour, 2010.

III.General framework for the protection and promotion of human rights

143.During Paraguay’s long years of dictatorship, decision-making became increasingly centralized, and poverty and the social, economic and cultural exclusion of broad sectors of the population worsened. As a result, the capacity of social and grass-roots organizations to demand their rights and have an impact on the country’s public, political, economic and social life was seriously undermined. The State institutions inherited from the dictatorship were weak for all those reasons and unable to fulfil their duty to respect, protect and guarantee the human rights of all Paraguayan citizens without discrimination.

144.To deal with that situation, a National Constitutional Convention was convened. The Convention drew up the National Constitution of the Republic of Paraguay of 1992, a democratic charter guaranteeing human rights. The Constitution recognizes the fundamental rights inherent in the dignity of the human person, establishes a specific system of guarantees for the safeguarding and legal protection of those rights and enshrines the principle of separation of powers.

145.The human rights recognized in and guaranteed by the Constitution are compatible with treaties and other international instruments in that field which, under the Constitution, take precedence over domestic law.

A.Acceptance of international human rights norms

146.As provided under the Constitution, international treaties that have been duly entered into and approved by an Act of Congress, and whose instruments of ratification have been exchanged or deposited, are part of domestic law with the rank specified in article 137.

147.Furthermore, as stipulated in article 142, international human rights treaties may not be denounced other than by the procedures governing amendments to the Constitution.

148.In its international relations, the Republic of Paraguay accepts international law and respects the following principles:

(a)National independence;

(b)Self-determination of peoples;

(c)Legal equality among States;

(d)International solidarity and cooperation;

(e)International protection of human rights;

(f)Free navigation on international rivers;

(g)Non-intervention;

(h)Condemnation of any form of dictatorship, colonialism or imperialism.

149.The Republic of Paraguay renounces war, but upholds the principle of self-defence. This declaration is compatible with the rights and obligations of Paraguay as a Member of the United Nations and the Organization of American States, and as a party to integration treaties, as set out in article 144 of the Constitution.

150.As provided under article 145, the Republic of Paraguay, on an equal footing with other States, recognizes a supranational legal order which guarantees human rights, peace, justice, cooperation, and political, economic, social and cultural development. Decisions on this question may be adopted only by an absolute majority of each Chamber of Congress.

151.The Constitution recognizes rights, duties and guarantees relating to: life and the environment; freedom; equality; rights of the family; indigenous peoples; health; education and culture; work; economic rights and agrarian reform; political rights and duties; and constitutional rights and guarantees.

152.As provided under article 131, the constitutional guarantees set out in the chapter on that subject are governed by law and are intended to give effect to the rights enshrined in the Constitution.

153.As provided under article 132, the Supreme Court of Justice has the power to declare any legal provision or decision unconstitutional, in the manner and within the scope established in the Constitution and by law.

154.International human rights instruments signed by Paraguay are listed in the table below.

Table 31

Status of international human rights instruments within the United Nations framework

United Nations framework	Adoption	Signature	Act	Deposit
1.	Convention on the Prevention and Punishment of the Crime of Genocide	New York	New York	Act No. 1748	(R)
9/12/1948	11/12/1948	14/8/2001	3/10/2001
2.	International Convention on the Elimination of All Forms of Racial Discrimination	New York		Act No. 2128	(R)
21/12/1965	13/9/2000	7/7/2003	18/8/2003
3.	International Covenant on Economic, Social and Cultural Rights	New York	-	Act No. 4/92	(a)
16/12/1966	9/5/1992	10/6/1992
	(a)Optional Protocol to the International Covenant on Economic, Social and Cultural Rights	New York	6/10/2009
10/12/2008
4.	International Covenant on Civil and Political Rights	New York	-	Act No. 5/92	(a)
16/12/1966	9/4/1992	10/6/1992
	(a)Optional Protocol to the International Covenant on Civil and Political Rights	New York	-	Act No. 400	(a)
16/12/1966	26/8/1994	10/1/1995
	(b)Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty	New York	-	Act No. 2131	(a)
15/12/1989	22/7/2003	18/8/2003
5.	Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity	New York		Act No. 3458	(a)
26/9/1968	9/4/2008	23/9/2008
6.	International Convention on the Suppression and Punishment of the Crime of Apartheid	New York	-	Act No. 2806	(a)
30/11/1973	28/10/2005	2/12/2005
7.	Convention on the Elimination of All Forms of Discrimination against Women	New York	-	Act No. 1215	(a)
18/12/1979	28/11/1986	6/4/1987
	(a)Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women	New York	New York	Act No. 1683	(R)
6/10/1999	28/12/1999	25/4/2001	14/5/2001
8.	Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment	New York	New York	Act No. 69/89	(R)
10/12/1984	23/10/1989	23/1/1990	12/3/1990
	(a)Declarations recognizing the Competence of the Committee against Torture under articles 21 and 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment	New York	-	Act No. 1886	29/5/2002
10/12/1984	6/5/2002
	(b)Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment	New York	New York	Act No. 2754	(R)
18/12/2002	22/9/2004	18/10/2005	2/12/2005
9.	Convention on the Rights of the Child	New York	New York	Act No. 57	(R)
20/11/1989	4/5/1990	20/9/1990	25/9/1990
	(a)Amendment to paragraph 2 of article 43 of the Convention on the Rights of the Child	New York	-	Act No. 2292	(a)
12/12/1995	7/11/2003	12/12/2003
	(b)Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict	New York	New York	Act No. 1897	(R)
	Declaration on the minimum age for voluntary recruitment into the armed forces: 18 years	25/5/2000	13/9/2000	27/5/2002	27/9/2002
	Declaration deposited on 22 March 2006
	(c)Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography	New York	New York	Act No. 2134	(R)
25/5/2000	13/9/2000	22/7/2003	18/8/2003
10.	Agreement establishing the Fund for the Development of the Indigenous Peoples of Latin America and the Caribbean	Madrid	Madrid	Act No. 370	(R)
24/7/1992	24/7/1992	28/6/1994	1/12/1994
11.	International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families	New York	13/10/2000	Act No. 3452	(R)
18/12/1990	9/4/2008	23/9/2008
12.	Convention on the Rights of Persons with Disabilities	New York	30/3/2007	Act No. 3540	(R)
13/12/2006	24/7/2008	3/9/2008
13.	Optional Protocol to the Convention on the Rights of Persons with Disabilities	New York	30/3/2007	Act No. 3540	(R)
	13/12/2006	24/7/2008	3/9/2008
14.	International Convention for the Protection of All Persons from Enforced Disappearance	New York	6/2/2007	Communication No. 19 of 6 October 2008

Source: Treaty Office, Ministry for Foreign Affairs.

Table 32

Status of international human rights instruments within the framework of the Organization of American States

Organization of American States framework	Adoption	Signature	Act	Deposit
1.	American Convention on Human Rights (Pact of San José)
	By Decree No. 16078 of 8 January 1993, Paraguay recognized the competence of the Inter-American Court of Human Rights and deposited the declaration with the Secretary General of the Organization of American States on 26 December 1993	San José	San José	Act No. 01	(R)
2.	Additional Protocol to the American Convention on Human Rights in the areaof Economic, Social and Cultural Rights (Protocol of San Salvador)	San Salvador	San Salvador	Act No. 1040	(R)
17/11/1988	26/8/1996	16/4/1997	3/6/1997
3.	Protocol to the American Convention on Human Rights to Abolish the Death Penalty	Asunción	Guatemala	Act No. 1557	(R)
8/6/1990	8/6/1999	6/6/2000	7/12/2000
4.	Inter-American Convention on Forced Disappearance of Persons	Belem do Pará		Act No. 933	(R)
9/6/1994	8/11/1995	13/8/1996	26/11/1996
5.	Inter-American Convention to Preventand Punish Torture	Cartagena		Act No. 56	(R)
9/12/1985	25/10/1989	16/1/1990	9/3/1990
6.	Inter-American Convention on the Granting of Civil Rights to Women	Bogotá	Bogotá	Act No. 104	(R)
2/5/1948	2/5/1948	25/8/1951	19/12/1951
7.	Idem	Bogotá		Act No. 876	(R)
2/5/1948	20/8/1951	28/6/1963	5/8/1963
8.	Inter-American Convention on the Prevention, Punishment and Eradicationof Violence Against Women (Convention of Belem do Pará)	Belem do Pará	Belem do Pará	Act No. 605	(R)
9/6/1994	17/10/1995	21/6/1995	18/10/1995
9.	Inter-American Convention on Support Obligations	Montevideo	Montevideo	Act No. 899
15/7/1989	15/7/1989	31/7/1996	20/5/1997
10.	Inter-American Convention on the International Return of Children	Montevideo	Montevideo	Act No. 928	(R)
	Central Authority: National Secretariat for Children and Adolescents, Decree No. 3230 of 6 September 2003	15/7/1989	15/7/1989	20/8/1996	8/10/1996
11.	Inter-American Convention on Conflict of Laws concerning the Adoption of Minors	La Paz	7/8/1996	-	-
	Rejected by Congress in Decision No. 185 of 20 December 1996 on the basis of objections to articles 8, 10 and 13.	24/5/1984
12.	Inter-American Convention on International Traffic in Minors	Mexico City		Act No. 1062	(R)
18/3/1994	7/8/1996	16/6/1997	12/5/1998
13.	Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities	Guatemala		Act No. 1925	(R)
7/6/1999	8/6/1999	19/6/1999	22/10/2002

Source: Treaty Office, Ministry for Foreign Affairs.

Table 33

Status of other international human rights instruments

Organization international human rights instruments	Adoption	Signature	Act	Deposit
1.	The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption	The Hague	-	Act No. 900	(a)
29/5/1993		31/7/1996	13/5/1998
2.	Convention on the Civil Aspects of International Child Abduction	The Hague	-	Act No. 983	(a)
Central Authority: National Secretariat for Children and Adolescents, Decree No. 3230 of 6 September 2003	25/10/1980		7/11/1996	13/5/1998
3.	Convention on the Inter-American Indian Institute	Mexico City	-	-	(a)
29/10/1940			17/6/1941
4.	Ibero-American Convention on Young People’s Rights	Barajoz	11/10/2005	Communication No. 243 of 10 September 2009
11/10/2005
5.	Universal Declaration of Human Rights	Paris	-	-	-
10/12/1948
6.	American Declaration of the Rights and Duties of Man	Bogotá	-	-	-
1948
7.	Statute of the Inter-American Commission on Human Rights	La Paz
10/1979
8.	Statute of the Inter-American Court of Human Rights	La Paz
10/1979
9.	Regulations of the Inter-American Commission on Human Rights	8/4/1990
10.	Final act of the Special Commission of a diplomatic character (1999) – Protection of adults (Final act of the Hague Convention on the International Protection of Adults)	The Hague
2/10/1999
11.	Statutes of the Inter-American Children’s Institute	Asunción
28/10/1982
12.	Joint declaration by the United Nations High Commissioner on Human Rights and the Minister for Foreign Affairs of the Republic of Paraguay on technical cooperation in the promotion and protection of human rights in the Republic of Paraguay	Geneva	-	-	-
19/3/2003

Source: Treaty Office, Ministry for Foreign Affairs.

B.Framework for national promotion of human rights

155.In an effort to modernize the State, the Government issued Decree No. 1730 of March 2009 which provided for the reorganization of the Ministry of Justice and Labour and the establishment of a Vice-Ministry of Justice and Human Rights. The Vice-Ministry includes the Directorate-General for Human Rights which is responsible for coordinating, organizing, developing and implementing measures that will provide a permanent institutional framework for the promotion, protection and exercise of human rights, with the support of the authorities, other public officials, and non-governmental organizations.

156.Noteworthy in that connection is the creation of human rights divisions or units in the executive branch and within various ministries, secretariats and institutions.

157.The Human Rights Network of the Executive Branch was established by presidential Decree No. 2290 of 19 June 2009. The Vice-Ministry of Justice and Human Rights is responsible for coordinating and establishing linkages between policies, plans and programmes developed by the executive branch to improve mechanisms for the promotion, protection and exercise of human rights. The Vice-Ministry works to raise the profile of rights-based activities and undertakes other activities such as:

(a)Developing a national human rights plan;

(b)Preparing a general annual report, divided into thematic chapters, on human rights in Paraguay, based on specific reports by institutions in the Network;

(c)Promoting a culture of respect for and enjoyment of human rights;

(d)Ensuring that international human rights treaties and conventions are respected and applied and that measures taken by the State meet international standards;

(e)Cooperating with international and regional human rights bodies on the drafting of reports;

(f)Setting up a permanent human rights observatory;

(g)Drafting and promoting of bills to bring legislation in line with the international instruments ratified by Paraguay;

(h)Coordinating action with departmental and local authorities with a view to promoting respect for human rights.

158.The Government has been supporting efforts to disseminate the report of the Truth and Justice Commission (CVJ). Act No. 2225/03 established the Commission and defined its composition, consisting of representatives of the executive and legislative branches and of civil society. The Commission began its work in July 2004 and conducted a broad investigation which lasted nearly four years. Its final report was presented on 28 August 2008.

159.Decree No. 1875 of 23 April 2009 declared the final report to be of national interest. It authorized various State bodies and institutions to work with the Directorate-General for Truth, Justice and Reparation, a division of the Office of the Ombudsman, to implement the recommendations and reparation measures set out in the final report and disseminate the report nationally and internationally in order to preserve the country’s historical memory and ensure that such human rights violations would never occur again in Paraguay.

160.The Executive Inter-Institutional Commission for Compliance with International Judgements (CICSI) was established by Decree No. 1595 of 26 February 2009. The Commission is responsible for implementing the measures needed to comply with international judgements issued by the Inter-American Court of Human Rights and recommendations made by the Inter-American Commission on Human Rights.

161.The Commission aims to remove any obstacles and ensure the adoption of effective criteria and action to secure compliance with the international judgements and the recommendations mentioned above. The CICSI is composed of public officials with decision-making authority and its work is overseen by the Procurator-General of the Republic.

162.The Supreme Court of Justice has a Human Rights Department whose task is to help incorporate a human rights perspective into the justice system.

163.This work is carried forward in conjunction with various governmental and non-governmental bodies, parallel to the development of a broad capacity for finding solutions to the immediate problems facing justice professionals daily, through the provision of multidisciplinary technical advice and a rigorous study and analysis of legal theory.

164.The human rights office, established in 2000 pursuant to Decision No. 759/2000, is a specialized technical administrative body of the Supreme Court of Justice and is known as the Human Rights Unit (UDH). Its functions are monitoring, information, investigation, analysis and dissemination. Relying on teamwork, the Unit coordinates project implementation and maintains a dynamic relationship with domestic and foreign institutions, thereby supporting the judicial branch and the activities of the Programme to Reinforce the Judiciary.

165.The Unit’s mandate was broadened under Act No. 31/2002 (plenary session of the Supreme Court of Justice at which the UDH Strategic Plan 2002–2005 was approved) to include technical advice, coordination and training promotion.

166.In 2006, the Unit became the Human Rights Department (DDH). It took that opportunity to undertake a structural reorganization and harmonize its strategic lines of action with its aims and mission, according priority to the following thematic areas: children and adolescents, gender, indigenous affairs, and international cases examined by the Inter-American human rights system.

167.The Department’s strategic lines of action include the following: design and promote programmes and intervention projects focused on the thematic areas; provide technical advice to justice professionals regarding human rights doctrine and its applicability to the administration of justice; and investigate and monitor allegations made against Paraguay in the framework of the international human rights protection system.

168.The Public Prosecutor’s Office now has a Human Rights Department which provides technical support in human rights matters to all public prosecutors. The Office also has a Human Rights Prosecution Unit, established by a decision dated 22 August 2010.

169.In that connection, the Attorney General has proposed that special attention be paid to human rights offences, including torture, inflicting bodily injury while performing a public function, using force to obtain statements, hostage-taking, prosecution of innocent persons, genocide and war crimes, as set out in the decision mentioned above.

170.The Human Rights Prosecution Unit currently has three public prosecutors with national jurisdiction and has adopted an institutional protection policy, the principal aim of which is prevention of punishable human rights offences. The unit is part of the framework governing visits to the country’s prisons and military institutions. Public prosecutors work 24-hour shifts.

171.The Public Prosecutor’s Office also runs a Victims’ Care Centre, where psychologists and social workers assist victims of punishable offences and their families, free of charge, in new facilities equipped for that purpose.

172.With regard to assistance to vulnerable groups, the Public Prosecutor’s Office has an Office of Ethnic Rights, the principal aim of which is to provide specialized technical investigative support to public prosecutors and to ensure effective compliance with constitutional provisions, particularly those concerning the special procedure for punishable offences relating to indigenous peoples.

173.With regard to international human rights matters, experts/rapporteurs, under the supervision of the Office of the Deputy Public Prosecutor for Human Rights, are responsible for preparing reports to be submitted to the various United Nations treaty bodies, under the universal system, and reports requested in relation to cases being examined under the Inter-American system, either by the Inter-American Commission on Human Rights or the Inter-American Court of Human Rights.

174.The Public Prosecutor’s Office enjoys functional and administrative autonomy in establishing institutional policy in the field of human rights and ensures strict compliance with constitutional guarantees, in accordance with the powers invested in it by the Constitution.

175.The Ministry for Foreign Affairs also has a Human Rights Office, under the Directorate-General for Multilateral Policy. Pursuant to Decision No. 378/2003, the Office is mandated to:

(a)Comply with and implement foreign policy with regard to human rights, in accordance with its status as a division of the Ministry for Foreign Affairs;

(b)Coordinate the inter-institutional relationship between the Ministry for Foreign Affairs and other State human rights institutions with a view to determining how Paraguay’s foreign policy in the field of human rights and international humanitarian law should be launched, positioned and conducted;

(c)Organize Paraguay’s participation in bilateral meetings and meetings of international bodies and mechanisms in the field of human rights and international humanitarian law; coordinate and follow up the work done by the Paraguayan delegation in such meetings;

(d)Receive, process and respond to any reports, requests, petitions or cases concerning allegations against the Republic of Paraguay that have been submitted to international human rights bodies, in coordination with the Office for Legal Affairs of the Ministry for Foreign Affairs and other State human rights bodies;

(e)Organize and coordinate visits to Paraguay of special rapporteurs and other specialized mechanisms of the United Nations system and the Organization of American States, and provide escorts for them;

(f)Coordinate the examination and submission of government reports prepared in compliance with Paraguay’s obligations under the international human rights treaties to which it is party;

(g)Promote and supervise an effective relationship between the Minister for Foreign Affairs and human rights organizations in civil society, in order to learn their views on Paraguay’s foreign policy concerning human rights and on matters relating to communications, petitions, individual cases and requests that have been brought to the attention of international bodies;

(h)Propose to the Ministry for Foreign Affairs, through the appropriate channels, that it sign, ratify or accede to already existing international human rights instruments and encourage the Government of Paraguay to participate in negotiations on new instruments and to monitor their implementation nationally.

176.The following chiefs of department also report to the Human Rights Office of the Ministry for Foreign Affairs: chief of the department for petitions and cases; chief of the department for follow-up to implementation of recommendations, judgements and agreements; chief of the department for reports to treaty bodies and political matters; and chief of the department of international human rights bodies, in accordance with Decision No. 1288/2006.

177.By Decision No. 1538 of 7 December 2009, the Ministry for Foreign Affairs made the subject of human rights a requirement for anyone wishing to be selected for the diplomatic and consular corps, and made teaching of the subject compulsory at Paraguay’s diplomatic and consular academy “José Falcón”.

178.In accordance with Decision No. 768/2001 of the Chamber of Deputies, the Ombudsman was appointed in October 2001. He began his work in a somewhat unfavourable climate of severe budget constraints, which meant that he did not set up his team until 2 January 2002. He nevertheless proceeded to make a series of decisions of an organizational nature, which will be implemented as the Office expands and gets more resources.

179.Act No. 631 “Structure of the Office of the Ombudsman” was promulgated in 1995 and Act No. 838/96, which provides compensation to victims of human rights violations during the dictatorship of 1954 to 1989, was promulgated in 1996. However, despite those legislative initiatives, the Ombudsman was not appointed until nine years after the Constitution had entered into force.

180.The Office of the Ombudsman does not have the financial resources it needs to fulfil its mission completely since it is unable to serve the entire country. Nevertheless, it endeavours to investigate situations and ensure that justice is done. To that end, specific functions and structures have been established, agreements have been signed and efforts have been made to increase the Office’s visibility.

181.The Office’s principle aim is to alleviate the desperation and discontent of those whose rights have been violated and to seek, by all the means available to it, to comply with what is provided under the Constitution and by law with regard to demands for justice.

182.The portion of the general State budget allocated to rights compliance has been reduced and now supports only those social rights established by national policy, such as social action and promotion, housing and community services, culture and education, health and labour relations. The following table presents Ministry of Housing data on budget implementation by the Administration for the period 2005–2009.

Table 34

Budget implementation by the Administration for the period 2005–2009

In millions of guaranies

Description	Implementation 2005	Implementation 2006	Implementation 2007	Implementation 2008	Implementation 2009
Social action and promotion	64	472	614	612	1 241
Housing and community services	0	41	57	174	140
Education and culture	1 813	2 134	2 426	2 866	3 280
Health	666	865	1 039	1 044	1 616
Labour relation	5	5	6	7	6
Other expenditures	6 676	6 987	7 268	7 285	9 034
Total	9 224	1 504	1 411	11 987	15 317

Source: Accounting system (SICO).

IV.Preparation of reports at the national level

183.The Ministry for Foreign Affairs is responsible for overseeing the national process of reporting to international treaty monitoring bodies, in accordance with Organic Act No. 1635/200, articles 2, 3 and 4, paragraphs (b) and (c) of the Ministry for Foreign Affairs.

184.Within this legal framework, the Ministry for Foreign Affairs, in cooperation with other government departments, has begun the process of drawing up the human rights reports to be submitted by Paraguay. To that end it has brought together all the institutions dealing with human rights and has set up working groups to prepare the reports.

185.Each working group appoints a chairperson who is responsible for guiding the process, to which all the participating institutions contribute, of compiling, systematizing and organizing the information and drawing up of draft report. Observations and comments are then analysed for the purpose of preparing the final report for submission.

186.The executive branch Human Rights Network, which has been participating in the process, considers that priority should be granted to creation of a system for monitoring and following up respect for and implementation of the commitments made under international human rights treaties and the recommendations made by international protection systems. In that framework, the Human Rights Network has organized education and training workshops on report preparation.

A.Other information relevant to human rights and follow-up to international conferences

187.In January 2010, Paraguay submitted its third periodic report to the Committee on the Rights of the Child.

188.In April 2010, Paraguay submitted its sixth periodic report on application of the Convention on the Elimination of All Forms of Discrimination against Women, following its presentation to civil society by the Secretariat for Women at a public event held at the Ministry for Foreign Affairs.

V.Information on non-discrimination and equality measures

189.The executive branch, through the Civil Service Secretariat, has issued guidelines for inclusive and non-discriminatory practices within the civil service. The aim is to make the civil service a partner in the process of transforming the State culture of exclusion into one of inclusion. The executive branch also promulgated Decision No. 942/09 which laid down the basic framework for non-discriminatory and inclusive policies within the civil service and established regulations for the Directorate-General of Equality and Inclusion Policies, a department of the Civil Service Secretariat, established by Decision No. 2226/09.

190.Work has been carried out in conjunction with civil society organizations to develop a plan for providing disabled persons with access to and development opportunities within the civil service, in compliance with Acts No. 2479/2004 and 3585/2008.