Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(1) and Article 2(1) of the Convention. 1. The Committee's earlier observations concerned section 39 of Act No. 210 of 1970, which makes work compulsory for all detainees: under Article 2(2)(c) of the Convention, work or services may only be exacted from prisoners or detainees as a consequence of a conviction in a court of law. In its report received in June 1997, the Government repeated that the National Parliament had still not enacted legislation to ensure compliance with the Convention on this point. Since the Government's report has not been received in 1998, the Committee once more expresses the hope that the necessary measures to correct this long-standing inconsistency will finally be taken, and that the Government will also describe the practical situation in this respect as regards unconvicted detainees.

2. The Committee notes the information transmitted by the World Confederation of Labour (WCL) in November 1997. This information refers to the circumstances and conditions of work of indigenous people in particular on ranches. The circumstances described suggest a widespread practice of indigenous ranch workers being forced into a cycle of working to pay off debts incurred in the ranch stores for purchasing basic food supplies and other needed goods at exploitative prices. This, together with conditions in which wages are either not paid or are paid at the end of a contract, means that, to survive, the debts are incurred and they are forced to work to pay off the debts. The information also refers to the very poor treatment of indigenous people on ranches.

3. The Committee notes that this situation would appear to contravene Articles 1 and 2(1) of the Convention as it in effect gives rise to exaction of work under menace of penalties. The Committee hopes that the Government will provide its response to the Committee on the practices referred to in the WCL communication in relation to these matters. The Committee will take up this matter in relation to the Indigenous and Tribal Peoples Convention, 1989 (No. 169), ratified by Paraguay, for which the Government also has not yet sent a report.