Indigenous leader killed; detentions in pension reform protest

Introduction

Paraguayan court sentences former commissioner to 30 years for torture

On 20th February 2024, an appellate court in Asunción sentenced former police commissioner Eusebio Torres Romero to 30 years’ imprisonment—the maximum penalty allowable—for committing torture against opponents during Alfredo Stroessner’s dictatorship (1954–1989). Due to his advanced age of 87 years, Torres Romero will not go to prison and will serve his sentence under house arrest.

The trial represents a historic moment as the first oral and public proceeding against a torturer of the dictatorship in Paraguay, a regime that lasted 35 years—the longest in the Americas. Its longevity stemmed from support from the United States Government and was sustained by systematic repression against the population. According to estimates by the Human Rights Coordinator of Paraguay (Coordinadora de Derechos Humanos de Paraguay, CODEHUPY), a network comprising 39 organisations, one-third of the population at that time suffered torture.

This ruling also marks a significant milestone in Paraguay’s pursuit of justice for past human rights violations, where such crimes often remain unpunished.

The monopolisation of power by the Colorado party raises democratic concerns

CODEHUPY stated that since the April 2023 election results, Paraguay faces significant challenges regarding democracy, legitimacy, and its capacity to protect and promote economic, social and civil rights.

CODEHUPY identified several causes, including the accumulation of power in a single party—the Partido Colorado—which holds a majority in both houses of Congress and has secured control of almost 90 per cent of departmental governments (15 out of 17). Furthermore, the growing links between elected and appointed authorities in the new presidential cabinet and corruption and organised crime exacerbate these issues.

Association

Indigenous leader killed

On 22nd October 2023, a man fatally assaulted Arnaldo Benítez Vargas, the spiritual leader (tekoaruvicha) of the Yvy Pyte indigenous community. Press reports indicated that the alleged perpetrator lived in the community and worked for Brazilian businessmen who had been invading the ancestral lands for years. The police and public health services did not respond to the victim's relatives’ calls for help.

According to the National Police report, Benítez Vargas was consuming alcoholic beverages at the residence of the alleged perpetrator, with whom a serious altercation occurred. It is stated that the alleged perpetrator struck the victim with a piece of wood until the victim lost consciousness, implying that the act was not premeditated.

Civil society organisations reported that since December 2020, leaders of Tekoha Guasu Yvy Pyte have denounced acts of violence and abuses in their territories to judicial and governmental bodies, seeking a definitive solution as community members’ lives remain at risk. Benítez Vargas has joined the growing list of Indigenous defenders murdered while protecting their territories and resisting the dispossession of their lands.

CODEHUPY raised concerns about the lack of protection and heightened vulnerability of the Paï Tavyterä communities in the Department of Amambay, particularly the Yvy Pyte Indigenous community. Since December 2020, and more frequently throughout 2023, community leaders have reported to the Public Prosecutor’s Office escalating intimidation, threats, and incursions into their ancestral territory by external actors.

Attack on peasant community

On 5th January 2024, armed civilians, accompanied by officers of the National Police, attacked members of the Chorrito ‘Cerro Guy’ peasant community, who are demanding the return of misappropriated land held by a foreign family in Carayao, Caaguazú Department. The National Police reportedly detained Valentín Sandoval and Hernán Gavilán—members of the peasant community— and later released them on 10th January 2024.

The Organisation of Struggle for Land (Organización de Lucha por la Tierra, OLT) expressed strong disapproval of the incident, stating: “These violent and unlawful actions were carried out with the involvement of the [public authorities]. We reaffirm our commitment to the struggle for land access and the recovery of Ill-Gotten Lands to support food production and strengthen peasant livelihoods. Recovery of Ill-Gotten Lands: For a Fairer Paraguay Without Hunger.”

The OLT highlighted that Paraguay has the highest level of inequality in the world regarding land distribution, with a significant portion of ill-gotten lands being controlled by individuals not subject to Agrarian Reform.

Senator introduces bill to increase regulation of CSOs

On 6th November 2023, Basilio “Bachi” Núñez from the ruling Colorado party introduced a bill aiming to extend governmental oversight of civil society organisations (CSOs) in Paraguay. The proposed legislation seeks to regulate public funds managed by non-profit entities, including organisations, foundations and agencies. It intends to modify Articles 3, 40 and 43 of Law 1535/99 on the Financial Administration of the State.

For instance, Article 2 states that organisations receiving public and private funding could face regulation and legal action if they engage in social issues not aligned with state policies. The bill also includes the creation of a National Register of Non-Governmental Organisations under the Ministry of Economy and Finance.

On 30th November, the Senate's Committee on Legislation, Codification, Justice and Labour held a public hearing on the bill. Officials from the Ministry of Finance declared that a detailed technical bill analysis is under way. Representatives from CSOs voiced opposition to the bill, stressing that it could limit civil society’s participation in public policy development and hinder their work in supporting vulnerable communities. Dante Leguizamón, Executive Secretary of the CODEHUPY, noted that while his organisation does not receive public funds, it contributes to society through international cooperation.

On 4th December, the Latin American Network for Legislative Transparency issued a statement demanding that the bill be declared unconstitutional. The network argued that the bill infringes upon constitutional rights, such as the right to private property and freedom of association.

Emergency fund for human rights defenders

The CODEHUPY will coordinate the implementation of an emergency fund aimed at protecting human rights defenders (HRDs) and providing support in response to the impacts of the climate crisis in Paraguay, focusing on the Western Region. This project runs from November 2023 until December 2024.

This fund forms an integral part of the Voices for Just Climate Action (VAC) project, financed by the Ministry of Foreign Affairs of the Netherlands and implemented in Paraguay by Fundación AVINA and WWF-Paraguay. It arises from the need to support communities and territorial organisations that defend human and environmental rights. Support actions include protection of life and security, responses to extreme climatic events and natural disasters, legal protection advice, rapid documentation of evidence, communication and immediate advocacy campaigns.

Peaceful Assembly

Demonstrations against Pension Superintendency Law

As previously reported, since August 2023, several protests have been taking place to oppose a bill that aims to establish the Superintendence of Retirement and Pensions. On 6th December, hundreds took to the streets to oppose the bill that the Senate was debating. The protest was organised by 70 organisations from the Frente Sindical y Social. People gathered at Plaza Uruguaya and marched to the National Congress, displaying messages such as “The Funds are untouchable” on their T-shirts and banners.

On 12th December 2023, the Senate approved the bill. Hundreds gathered at the Congress the following day to reject the Senate’s decision, leading to clashes with security forces, who used water cannon and tear gas to disperse the protest. As a result, the police detained 31 people, and dozens of people were injured, including at least two journalists (see expression) and six police officers.

In response to these violent events, the Public Prosecutor’s Office has launched an investigation into the alleged excessive use of force by police. A criminal case has been opened to clarify the facts and determine accountability. The Specialised Human Rights Unit has begun gathering key video footage that may shed light on the events.

The Inter-American Commission on Human Rights and Its Special Rapporteurship for Freedom of Expression called on the Paraguayan state to ensure the right to peaceful assembly and the work of journalists. “The use of force must comply with the principles of legality, necessity and proportionality.”

President Santiago Peña Palacios enacted the law on 14th December 2023. It would allow pension funds to invest in bonds and financial instruments. Pensioners are worried their retirement savings could be exposed to financial risks associated with such investments.

Demonstration against corruption

On 15th February 2024, hundreds gathered in front of the Congress to express concerns over what they perceived as an abuse of power and nepotism. The organisers, part of the Citizen Indignation Network, highlighted their concerns over the draining of the public budget to benefit the relatives of the representatives elected by the people.

Likewise, students from the National University of Asunción (UNA) held protests in the capital, expressing concerns over what they described as authoritarian actions by Paraguayan politicians. The protesters criticised recent political developments and expressed discontent with perceived encroachments on democratic institutions. Carrying flags and banners, the students peacefully joined the protest near the Congress building.

The following day, large crowds gathered near the Congress in response to the removal of opposition Senator Kattya González, who had reportedly denounced cases of corruption within the ruling party. Protesters voiced their discontent with recent political decisions, chanting slogans such as “No more dictatorship” and “Cartes, you are the dictatorship.” The removal of González was executed by a majority vote from the Cartista faction and its allies, despite parliamentary rules requiring 30 votes to remove a senator’s immunity, with only 23 votes cast.

Paraguayan Indigenous communities demand land restitution

On 28th February, members of the Maká indigenous community protested in Asunción to demand the restitution of 335 hectares of land they claim as their ancestral territory. According to media reports, this land was originally ceded to the community in 1944 for their assistance during the Chaco War between Paraguay and Bolivia. However, the land has since been used to construct the “Héroes del Chaco” bridge, which the community has argued was done without proper consultation or consent.

The leader of the Maká people, Cacique Mateo Martínez Mateiko, stated that while they will not relinquish their claim to their ancestral land, they are open to government proposals for compensation in other areas. The protestors submitted their demands to the National Institute for Rural and Land Development (INDERT) and urged the government to address their claims.

Journalists protest attacks on press freedom

On 13th March, journalists gathered in front of the Public Prosecutor’s Office to protest attacks on press freedom, following comments made by Pedro Ovelar, legal representative of former President Horacio Cartes (see expression). The protesters chanted, “We are not afraid,” in response to what they view as intimidation and threats on press freedom.

Protest over climate crisis and land rights

On 21st March, around 3,000 farmers and indigenous people protested in Asunción, to demand land reform and access to agricultural credits. Organised by the National Peasant Federation (FNC), the protest aimed to raise awareness of the risks posed by the climate crisis, which has exacerbated extreme weather conditions such as heatwaves, droughts and floods. The protesters expressed that the lack of technical assistance, infrastructure and credit for small farmers increases the risk of hunger.

They also called for the recovery of around eight million hectares of land, which they claim were wrongfully distributed to allies of the former dictatorship of Alfredo Stroessner. Indigenous communities highlighted ongoing violence against their leaders and the destruction of their homes by armed civilians. Agricultural industry leaders, however, proposed focusing on rural development rather than land reform. President Santiago Peña called for modernising agriculture as a solution to the country’s agricultural challenges.

Expression

Attacks and intimidation against journalists

On 16th November, unknown people assaulted journalist Chilavert with punches and kicks while he was at a restaurant in Concepción. Following the incident, he posted on social media, accusing a political group led by Senator Édgar López of orchestrating the attack. Chilavert is involved in an ongoing legal dispute with López, related to allegations of corruption.

During protests triggered by the approval of the Superintendency of Pensions Law (see peaceful assembly), National Electricity Administration (ANDE) employees attacked two journalists. On 12th December, Éver Benegas from GEN Channel and Alexis Aveiro from C9N Channel were assaulted while reporting on the protest. Both journalists were forced to leave the protest area after the incidents.

On 17th January 2024, while reporting on nepotism allegations in the Congress, congressional employees Ricardo Vaesken Ferrer and Ricardo Alessandro allegedly intimidated journalists Fiona Aquino and Pablo Pérez and attempted to obstruct their work.

On 9th March, José María Chilavert, assistant to Senator Norma Aquino, allegedly threw water on journalist Arnaldo Cabral of Radio Ñandutí following the Colorado Party convention while Cabral was performing his professional duties. Likewise, journalist Miriam Soilán of Radio Uno reported being physically assaulted by being elbowed in the ribs by Chilavert. Both journalists submitted formal complaints to the Senate, requesting appropriate disciplinary measures against Chilavert.

On the same day, Juan Alcaráz, a journalist for Saltos del Guairá en Noticias, received a death threat referencing a recent attack on his home, an incident that remains unresolved. Alcaráz believes the threat is linked to his ongoing reports on the municipal government of Saltos del Guairá.

Judicial gag orders and threats restricting journalistic freedoms

According to the Roundtable for the Safety of Journalists (Mesa para la Seguridad de los Periodistas), several judicial gag orders are being issued in Paraguay, restricting journalists and media outlets from reporting on sensitive matters. These legal measures, often applied through precautionary orders, have raised concerns among press freedom advocates. The judicial actions are viewed as a means of censoring critical voices in the media, particularly those investigating corruption or misconduct involving public figures.

In 2023, journalist Mabel Portillo of Guairá Press faced two instances of judicial harassment, both initiated by the Mayor of Yataity, Gloria Duarte. On 7th December 2023, Judge Marcelo Ramírez issued an order prohibiting Portillo from threatening, intimidating or approaching the Mayor of Yataity or her family. This legal action followed a complaint from the mayor, alleging that Portillo coerced her while reporting on a citizen demonstration against the municipal government. During the demonstration, incidents took place, and both the mayor and the Public Prosecutor's Office accused Portillo of instigating the unrest.

On 12th March 2024, Pedro Ovelar, legal representative of former President Horacio Cartes, announced that media outlets and journalists may face legal consequences for publishing information about Cartes. This follows an ongoing criminal investigation into alleged persecution against the former president.

In response, the Paraguayan Journalists’ Union (Sindicato de Periodistas del Paraguay, SPP) voiced concern, stating that such actions conflict with the National Constitution and international human rights standards, particularly those protecting freedom of expression. The SPP warned that prosecuting journalists for their work threatens democratic principles and the free exercise of journalism.

President Santiago Peña expressed his “total and unconditional” support for freedom of the press, reaffirming the government’s commitment to safeguarding press freedoms in the country: “Freedom of the press is one of the most important pillars of democracy and the rule of law. My support for press freedom, as enshrined in Article 26 of our National Constitution, is total and unconditional.”

Controversial rulings impacting freedom of expression under Law 5777/16

A recent investigation by two press freedom organisations has raised concerns about the application of Law 5777/16, which aims to provide comprehensive protection for women against all forms of violence. While the law is crucial in addressing gender-based violence, six legal cases have shown how its application may also have unintended consequences for freedom of expression and the press.

In several cases, public figures invoked the law to restrict journalistic publications involving criticisms of corruption and satire. Of the six cases reviewed, four rulings were seen as restricting freedom of expression, raising concerns about the law's use to limit public debate. The organisations stress the need for a balanced approach that protects women’s rights and freedom of expression, ensuring that legal measures do not stifle public interest journalism.

For instance, one of the cases involves journalist Mabel Portillo, who criticised the management of public funds by Yataity Mayor Gloria Duarte, particularly in relation to the reconstruction of a damaged retaining wall. Following this publication, Duarte filed a legal complaint under Law 5777/16, claiming psychological violence. A 2023 ruling in Duarte’s favour censored Portillo and barred her from communicating with the mayor, severely limiting her ability to carry out her journalistic duties.

Similar cases have been reported in 2024:

• On 22nd January, journalist Alfredo Guachiré published reports on Judge Gloria Machuca, accusing her of domestic violence against her sister. Notably, Judge Machuca had previously ruled against businessman Christian Chena under Law No. 5777/16 in a separate case involving violence against Gisele Mousques. After these reports, Guachiré received an email from Judge Machuca’s lawyer, warning him that Law 5777/16 prohibits such publications. The lawyer also urged Guachiré to make contact, threatening legal action if the reports continued.
• On 21st February, Senator Yami Nal filed a complaint against journalist Letizia Medina, accusing her of violence against women under Law 5777. The complaint stemmed from a social media parody posted by Medina. Senator Nal claimed that the parody constituted psychological violence.
• On 5th March 2024, Justice of Peace Laura Centurión reaffirmed a measure restricting journalist Fredy Chamorro from publishing any information that could impact Claudia Vega, Director of the Hospital in Tomas Romero Pereira. The decision prevents Chamorro from sharing details related to his investigations involving Vega.

Paraguay's press freedom declines in 2023

According to international indexes, freedom of expression in Paraguay has deteriorated. In the IAPA’s 2023 Chapultepec Index of Freedom of Expression and Press Freedom, Paraguay dropped to the “in restriction” category, scoring 51 points—14 fewer points than the previous edition—and losing two positions from the last measurement. Similarly, Reporters Without Borders’ index shows Paraguay fell 12 places compared to 2023, from 103rd to 115th.

The Roundtable for the Safety of Journalists in Paraguay reported 43 cases of violence against journalists and violations of freedom of expression and journalistic rights during 2023. This included one murder: Alexander Álvarez, a journalist with Radio Urundey FM, was killed on 14th February 2023 in Pedro Juan Caballero. This tragic event brings the total number of journalists murdered in Paraguay over the last 32 years to 21.