a communication dated March 1, 1974, the persecution of the "Aché"
Tribe of Paraguay was denounced, along with the murder of a number of
Indians, the sale of children, the withholding of medical attention and
medicines during epidemics, mistreatment and torture, inhuman working
conditions, and acts aimed at destroying their culture;
notes dated April 8, June 3, and December 17, 1974, the Commission
requested that the Government of Paraguay provide the information with
regard to this denunciation;
Government of Paraguay never replied to this request;
its 35th session (May 1975) the Commission adopted a decision
on this case whereby it provisionally accepted the conclusion that
"the policy of the Government of Paraguay is not a policy aimed at
eliminating the Aché Indians, but rather a policy aimed at promoting
assimilation and providing protection insofar as limited resources will
allow, after having established the 'Guayakí National Settlement' in
1960. This preliminary conclusion does not preclude a concern over
possible abuses by private individuals in remote regions of
Paraguay." It also provisionally accepted the preliminary
conclusion that "since September 1972 the administration of the
Guayakí National Settlement has been engaged in humanitarian
efforts." However, on the other hand, it expressed its concern as
to the status of Aché children and the working conditions under which a
number of individuals from that tribe have labored;
concluded its decision by repeating to the Government of Paraguay the
request for information cited above. This decision was carried out
through a note dated August 18, 1975, which drew no reply from the
Government of Paraguay either, and
51.1 of the Regulations of the Commission provide the following:
The occurrence of the events on which information has been
requested will be presumed to be confirmed if the Government referred to
has not supplied such information within 180 days of the request,
provided always that the invalidity of the events denounced is not shown
by other elements of proof.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. In application
of Article 51.1 of the Regulations, to presume the occurrence of the
events denounced to be confirmed;
2. To point out to
the Government of Paraguay that such acts constitute very serious
violations of the right to life, liberty, and personal security (Article
I of the American Declaration of the Rights and Duties of Man); of the
right to a family and to the protection thereof (Article VI); of the
right to preservation of health and to well-being (Article XI); of the
right to work and to fair remuneration (Article XIV), and of the right
to leisure time and to the use thereof (Article XV).
3. To recommend to
the Government of Paraguay that it adopt vigorous measures to provide
effective protection for the rights of the Aché tribe.
4. To recommend
that the Government punish, in accordance with Paraguayan law, those
responsible for the events denounced.
5. To request the
Government to advise the Commission of the measures adopted to carry out
this resolution, within a period of sixty days.
6. To forward this
resolution to the Government of Paraguay and to the claimants.
7. To include this
resolution in its Annual Report to the General Assembly of the
Organization (Article 9 (bis), c, iii of the Statute).
at the 539th meeting, May 27, 1977 (41st Session)
and forwarded to the Government of Paraguay on May 27, 1977.