Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes that the detailed report requested for 2004, and once again for 2005, has not been provided. The Committee expresses its concern that the application of the Convention in Paraguay was examined by the Committee on the Application of Standards of the International Labour Conference in June 2003 and that subsequently no report has been received to follow up on the effect given to the recommendations made on that occasion. The Committee urges the Government to provide a report in 2006 containing the information requested in its observation and direct request of 2004, including its observations on the communication by the National Federation of Workers.

2. The Committee notes that Act No. 2822 issuing the Charter of Indigenous Peoples and Communities, was approved by the National Congress on 3 November 2005. The Committee requests the Government to provide information on whether, prior to the adoption of the Act, the Government held consultations as indicated in Article 6 of the Convention, according to which governments shall consult the peoples concerned through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly. Please also provide information on the manner in which these consultations were carried out. Furthermore, the Committee requests the Government to indicate the manner in which the above Act gives legal expression to the Convention, and in particular to Articles 2 and 33 (coordinated and systematic policy), 6 (consultation), 7 (participation) and 15 (consultations and natural resources).

[The Government is asked to supply full particulars to the Conference at its 95th Session and to report in detail in 2006.]