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OEA/Ser.L/V/II.76 ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION PARAGUAY
In the period immediately following the Commission's Annual Report of
September 1988, the pattern of systematic and gross violations of human rights
continued in Paraguay. These violations included, among others, the restrictions
on, and violations of, the right to life and personal liberty and to property,
as well as political rights and free speech, which marked the widespread
arbitrariness of the regime headed by General Stroessner. On February 2 and 3,
1989, in a climate of growing pressure and open malaise in public opinion and
various social sectors—especially political parties, including segments of the
governing Colorado party, the Church, urban trade unions and peasant
organizations—a military insurrection toppled President Alfredo Stroessner. On
being sworn in as the new President, the hitherto Acting Commander of the First
Army Corps, General Andrés Rodríguez, vowed to respect the Constitution and
said the following:
I pledge myself personally to defend our institutions, with energy where
necessary, but always within the law and with respect for the human rights of
others… For human rights to become a reality rather than a mere wish, there
must be, as I see it, authentic democracy—not one that is mere veneer or a
legal formality—with a strong and independent judiciary, with respect for the
right to voice opinions, to assembly peaceably, so that each Paraguayan may be
afforded equal opportunity, without privileges of any kind.
This Commission's report on the status of human rights in Paraguay,
issued in 1987 and updated in 1988, details the human rights violations that
were carried out under the structure and political practices of the government
and its legal system. They amounted to a system of nearly absolute concentration
of power in the hands of the Executive and the ruling party, which not only
controlled the other branches of government directly, but exacted mandatory
political adherence from members of the armed forces and other public officials.
Human rights violations perpetrated under this control made it possible to
systematically suppress the opposition as well as the activity of any individual
or group, at the discretion of the rulers. Such practices continued until the
government was deposed; the new government has not only expressed its intention
and will to correct them, but has also begun to tape specific steps in that
direction.
The de facto government born of the rebellion decided to follow,
as the path towards institutional legitimacy, the provisions laid down by the
Constitution for resignation or vacancy of the Executive, that is to say, to
call elections within ninety days of such vacancy. All political parties were
able to participate in these elections with fairly broad freedom of action.
After engaging in internal debates as to the legitimacy of the call to elections
and the conditions surrounding the vote, the traditional parties agreed to take
part in the elections. A broad measure of freedom was allowed for political
activity, assembly, speech and access to the media. Those parties hitherto
unrecognized that applied for political registration were officially
acknowledged. Sanctions against banned media were lifted and no obstacles were
raised to the establishment of new media representing miscellaneous opposition
movements. In addition, through the official media, the government provided free
broadcast for the various political parties.
The conditions surrounding that election were criticized, however,
because the lists of registered voters were not revised, because insufficient
time was given to reorganize the membership of political parties persecuted for
many years by the previous regime, and because no changes were made in the
Electoral Board, whose members had been appointed during the government of
President Stroessner and were accused of having favored him in the past. It
should be noted, nevertheless, that despite these conditions and various
irregularities in the course of the election itself, the Colorado Party won the
election by margins similar to those in public opinion polls taken by national
and international agencies before the election.
In earlier reports, the Commission noted that the democratic principles
established in the American Declaration, as well as those found in the 1967
Paraguayan Constitution itself, are inconsistent with the proportional system
established by Law Nº 886 on the Electoral Statute, which gives to the party
with the first majority, under the system of complete lists, a third of the
senators, representatives, constitutional delegates, members of municipal boards
and electoral boards. This gives the party with the most votes virtually
absolute power over legislative decisions, including those involving control
over other branches of government and those for which, owing to their
importance, the Constitution requires special majorities. This same imbalance
prevails at the municipal level and with respect to the organization and running
of the electoral process.
The new government, through its Ministry of Foreign Affairs, undertook to
promote a constitutional reform barring reelection of the President,
establishing a Vice Presidency, and setting up an independent electoral court.
At present, the National Congress is working on the Constitution, the Electoral
and Municipal Laws, with a view to strengthening the country's democratic
institutions. In the view of the Commission, the need for this reform is
particularly urgent because municipal elections will be held throughout the
country in late 1990. It may be noted that municipal mayors all over Paraguay
were heretofore appointed directly by the Executive, without any voting by the
people, as would be the case in a democratic society.
Under the Paraguayan legal system, the effectiveness of the rights
recognized by the Constitution is limited by three types of instruments: the
state of siege declaration provided for in Article 79 of the Constitution, which
grants virtually absolute and uncontrolled powers to the Executive, and laws Nº
294 of 1955, known as the “Law in Defense of Democracy” and Nº 209 of 1970,
known as the “Law in Defense of Public Peace and Personal Liberty,” which
set up mechanisms curtailing civil liberties and legal freedoms, established
special jurisdictions for certain kinds of offenses, and vested broad discretion
in the government to define punishable offenses and engage in investigative and
repressive practices.
It bears noting with satisfaction that the present government, by law Nº
1 of this year and in line with pre-electoral promises, has ratified without
reservations the American Convention on Human Rights, which ratification was
deposited with the General Secretariat of the OAS on August 24 last. In
addition, in keeping with a petition from the Executive Branch, Congress has
repealed the above-mentioned laws Nº 294/55 and Nº 209/70 and has reinstated
the relevant articles of the 1914 Criminal Code.
Furthermore, the new government is trying to achieve a genuine
independence of the judiciary, which was virtually inexistent under the previous
regime. This is reflected in the appointment of prominent persons from different
backgrounds to fill vacancies or to replace judges who resigned when the
previous government fell. Thus, for instance, the legal scholar and university
professor Dr. Jerónimo Irala Burgos, former head of the Christian Democrats,
was appointed to the Supreme Court. The problem, however, runs deeper, because
the Constitution provides for judges to remain five years in office, thereby
enabling the Executive to control de judiciary and negate its independence. The
Executive not only appoints judges with the consent of the Senate, of which two
third are members of the ruling party, but may, in addition, terminate their
appointments every five years by simple omitting their names from the list of
proposed appointments.
As for freedom of expression, the new government has also been keeping
its promise to defend it. Before a meeting of the Inter-American Press
Association held in Asuncion, the President indicated that “… we have begun
the battle for freedom. Freedom of expression and freedom of speech include the
right not to be victimized for voicing opinions, without restrictions and
through any medium.” To illustrate the difficulties posed by this effort,
ANTELCO (the National Telecommunications Administration) published, at about the
same time, a list of 30 journalists barred from radio or television. This
measure was later cancelled.
Soon after the new government took over, restrictions were lifted from
Radio Ñanduti, which had been suspended since 1986, from the weekly El Pueblo,
banned in 1987, the ABC Color weekly shut down in March 1984, and Radio Caritas,
which had been prohibited from broadcasting beyond the capital. These kinds of
violations, however, are still being attempted, even though they are less and
less frequent, as illustrated by the case of the prohibition to stage the play
“The Courts of San Fernando” by Alcibiades González Delvalle.
One of the most oppressive features of the government of General
Stroessner, a practice which is not even engaged in by other contemporary
dictatorships, was the general practice of demanding compulsory membership in
the governing Colorado Party from all public employees and officials, even
members of the armed forces, semi-official companies, etc., down to the humblest
jobs of teachers and other public servants in the interior of the country. This
practice included the automatic withholding from the salaries of these employees
of a contribution to the Colorado Party. This practice, in the view of the
Commission, is a violation of the rights to free speech, to work and to
property, as well as of political rights, and raises a severe obstacle to the
operation of a democratic system. Promises of equality made by the President,
and other more specific promises concerning the forthcoming repeal of this
practice, lead the Commission to hope that the government will take the
necessary steps to eradicate it completely and immediately.
Intimately linked with the status of human rights in Paraguay are
developments connected with the ownership of land. Article 128 of the
Constitution of Paraguay looks upon agrarian reform as essential to bringing
peasants into the nation's social and economic development process, and promises
the adoption of a fair system of land distribution, ownership and possession;
Article 129 further indicated that large landed estates are to be progressively
taken apart. Law 622 of 1960, in turn, recognizes de facto settlements
and grants title if the owners fail to file a claim in 20 years. Laws 852 and
854 of 1963 established the Rural Welfare Institute (WRI) and a New Agrarian
Statute was enacted, granting rights to peasants who are bona fide and peaceful
occupants of lands and providing guidelines for the expropriation of lands in
large estates that are not being rationally worked, as well as lands occupied de
facto for less than 20 years, if required to settle social problems. The law
also established a system of mandatory mediation through the RWI prior to any
rural eviction.
Despite this legislation, earlier reports by this Commission and by
various human rights organizations noted that the law was virtually dead letter
during the regime of General Stroessner, showing a persistent pattern of
violations of human rights in response to attempts by peasants to place
themselves under the protection of the above laws and claim the rights granted
to them. Such reported violations include murders, dispossession, arrest,
torture and harassment of peasants by security forces and the court system. The
Commission has received reports of incidents occurring immediately after the
change in government and in the months that followed, according to which not
only has there been no compliance with the above laws, but, in addition, the
outrages committed have claimed the life, personal safety and freedom of
individuals.
The Commission wishes to draw attention to President Rodríguez's
specific statement that: “The proclamation of February 2 and 3 includes a
national political platform. In it, we undertake to respect human rights. We
understand that in an agricultural country, land ownership is one of the most
legitimate human rights. There is enough land in the country to satisfy the
rural population's demand to work its own land.” In elaborating on these
remarks, he promised to revamp current legislation so as to provide swift
solutions to that demand and strengthen the technical capabilities of land
reform agencies. In addition, he summoned all political parties to a meeting at
which he confirmed his intention to address the matter at once and set specific
goals for his administration in this area. In this connection, initial steps
have been implemented in recent weeks.
In previous reports the Commission made known its concern regarding trade
union rights and the duty of the government to accept and promote free trade
unions. In the past, harassment and repression were directed against leaders of
independent groups, as a result of which government data for 1988 show a trade
union membership totaling only 11,418 persons, which is less than 1% of a labor
force numbering approximately 1.5 million workers. Beginning on February 3, new
trade unions have been set up and the government has officially recognized the
Unified Federation of Workers, the National Confederation of Workers, and the
Inter-Union Workers' Movement, while permitting the operation of all trade
unions that have applied for authorization. As to the rights of indigenous
populations, it may be noted that the President, in his inaugural speech, said
that the situation of indigenous communities in Paraguay is critical, and added
the following: “My government will draw up a national assistance plan capable
of being carried out without affecting our harmonious co-existence with our
Indian population. This plan will seek to promote respect for their ethnic
identity and will eradicate all discrimination. Indian communities need land,
jobs and medical and educational aid.” To these ends, the President called for
active participation by the leaders of the communities themselves. The
Commission applauds these plans affecting such an important segment of the
population of Paraguay and hopes to see evidence of their results in the near
future.
Also noteworthy in light of the harassment suffered by the Catholic
Church under the previous regime, is the position of the government on this
subject. General Rodríguez, in the same speech, reaffirmed his “commitment to
guarantee our church the free exercise of its sacred mission” and conveyed to
it, on behalf of the government and the people of Paraguay, his gratitude for
its courageous and tireless defense of human rights,” which gratitude, he
indicated, “is shared by its comrades in Paraguay's glorious armed forces.”
When the previous government fell, the new authorities, faced with
concrete accusations against members of the security forces involved in torture,
responded by launching investigations and publicly dismantling torture centers
such as those in Alto Parana. These court proceedings confirm, in principle, the
announcement made by the new Minister of the Interior that all those responsible
for torture under the regime of President Stroessner will be punished. The
Office of the Attorney General has started investigations in this area and
several institutions and individuals have filed lawsuits against individuals
allegedly responsible for torture, including former civilian, police and
military officials. It is the hope of the Commission that the government's
intent and the growing independence of the judiciary will make it possible to
punish all those responsible for this execrable aspect of General Stroessner's
regime.
The Commission is still receiving reports of sporadic cases of torture
and abuses by security personnel. The most noteworthy case is that of a
demonstration by peasants, that was set upon with dogs in front of the
metropolitan cathedral. This led to broad condemnation from various institutions
and even from members of the police itself.
The Commission feels, in this regard, that inasmuch as the practice of
torture and mistreatment is a longstanding one and is probably ingrained
in the usage and habits of some members of the security forces as part of their
work, a systematic educational program should be carried out to make them
understand not only the unacceptable nature of these basic human rights
violations but also the adverse effect they have on social tranquility, on the
general welfare and even on the public respect and cooperation that such forces
need to rely on in order to fulfill the role assigned to them by society.
The present judiciary has shown its readiness to enforce national
legislation and international obligations in cases involving repatriation, to
their legitimate families, of children who were victims of the repression in
Argentina during the past military government, children whose adoptive parents
had settled in Paraguay. The Commission expects the same juridical efficacy in
dealing with cases of extradition of persons wanted by countries with
extradition treaties with Paraguay.
Likewise, the Executive authorized the return to Paraguay of Spanish
Catholic working priests who are members of the Education and Social Support
Service [Servicio de Educación y Apoyo Social (SEAS)] who had been expelled on
charges of carrying out subversive activities.
In sum, the Commission remarks that the new government has acknowledged
and undertake to correct the systematic violation of democratic principles and
human rights embedded in the legal and institutional structure of the previous
regime. Specific measures have been put into practice, even if such efforts are
sometimes hampered by measures which, though exceptional, detract from the
overall effort.
Specific priorities, which, the Commission trusts, will enable the new
government to better fulfill its promises and consolidate its true democratic
character are:
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prompt amendment of the Electoral Law so as to secure democratic
government representation;
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a constitutional reform that will strengthen those principles and the
independence of the judiciary while reducing the unrestrained power of the
Executive;
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the repeal of mandatory membership in the Colorado Party by civilian and
military personnel; and
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The active suppression of any practice contrary to the law and to human
rights, especially among the rural and indigenous populations.
After delays since 1978 by the regime of General Stroessner to accept the
visit of the Commission, the new Government has readily agreed to it, which is
expected to be done in February, 1990. The Commission expects to confirm then
the complete respect for human rights, serious advances in said constitutional
and legal reforms, as well as full eradication of the practice of forced
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