UN Committee Finds Violation of Indigenous Peoples' Right to Traditional Lands [1]
On October 12, 2021, the UN Human Rights Committee found that Paraguay violated the indigenous community’s right to traditional lands by failing to prevent and control the toxic contamination of traditional lands. As set out in a UN press release, [3] the Committee’s decision [4] [currently available in Spanish only] follows the complaint by the Campo Agua’e indigenous community about the use of fumigation, i.e., using chemical smoke to kill pests, in a close commercial farm. The community complained that the process killed their animals and plants, and had an adverse impact on the environment. The Committee found that Paraguay failed to prevent contamination in violation of the their right to traditional lands, and recommended that Paraguay complete the relevant criminal and administrative proceedings. This decision affirms that the term “home” in the context of the indigenous community should be interpreted “within the context of the special relationship between them and their territories including their livestock, crops and their way of life such as hunting, foraging and fishing.”