Constitution

Paraguay 1992 Constitution (reviewed 2011)

Table of Contents

Chapter V. Of the Indigenous Peoples

Article 62. Of the Indigenous Peoples and the Ethnic Groups

This Constitution recognizes the existence of the indigenous peoples, defined as groups of [a] culture prior to the formation and the organization of the Paraguayan State.

Article 63. Of the Ethnic Identity

The right of the indigenous peoples to preserve and to develop their ethnic identity in the respective habitat is recognized and guaranteed. They have the right, likewise, to freely apply their systems of political, social, economic, cultural, and religious organization, as well as the voluntarily subjection to their customary norms for the regulation of [their] internal coexistence [convivencia], as long as they do not infringe upon the fundamental rights established in this Constitution. Concerning conflicts of jurisdiction the indigenous customary right will be taken into account.

Article 64. Of the Property of the Community

The indigenous peoples have [the] right to communal ownership of the land [propiedad comunitaria], in [an] extension and quality sufficient for the preservation and the development of their particular [peculiares] forms of lifestyles. The State will provide them gratuitously with these lands, which will be non-seizable [inembargables], indivisible, non-transferrable, imprescriptible, not susceptible to guarantee contractual obligations nor to be leased; likewise, they will be exempt from taxes.

The removal or transfer of [the indigenous peoples] from their habitat without their express consent is prohibited.

Article 65. Of the Right to Participate

The right to participate in the economic, social, political and cultural life of the country, is guaranteed to the Indigenous peoples in accordance with their customary uses, of the Constitution, and the national laws.

Article 66. Of the Education and Assistance

The State will respect the cultural particulars [peculiaridades] of the indigenous peoples, especially in that related to formal education. In addition, their defense against demographic regression, the depredation of their habitat, environmental contamination, economic exploitation, and cultural alienation[,] will be attended to.

Article 67. Of the Exoneration

The members of the indigenous peoples are exonerated from providing [prestar] [the] social, civil or military services, as well as from the public responsibilities [cargas] established by the law.