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The year 2021 saw record violent dispossessions of Indigenous Peoples across Paraguay. Once heralded as an early adopter of Indigenous land rights and legal protections, Paraguay is now a site of contentious land politics that have garnered international attention and litigation. In this chapter, we draw from over forty years of collective experience working on and researching Indigenous land rights in Paraguay – from litigation before the Inter-American Court of Human Rights to ongoing advocacy with communities – and we trace the major legal achievements and document the ways that land rights have been challenged and threatened. We advance a theory of “pendulum policies” for land rights to trace the shifts in state-Indigenous relations, manifesting today as an implementation gap where de jure land rights are typically undermined in practice by state and private interests. In this chapter, we show how the role of international law and strategic litigations have pushed the pendulum from violations towards justice, yet we remain cognizant of the threats, from land renting to direct violence, which push the pendulum back towards violations. This chapter provides readers with a clear overview of Indigenous land rights in Paraguay, and offers recommendations for pushing the pendulum towards land justice over the next decade.
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