Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s detailed report and annexures.

1. Articles 1 and 2(1) of the Convention. The Committee in its previous comments expressed concern about the existence of cases of debt bondage in the indigenous communities of the Chaco. The Committee notes that the Government forwarded with its report copies of the communications it had sent to the Ministry of the Interior, the Office of the Public Prosecutor, the Supreme Court of Justice, the House of Deputies and the Senate, as well as to the Federation of Production, Industry and Commerce (FEPRINCO) and the Rural Association of Paraguay (ARP), the employers’ organization representing the owners of large ranches in the Chaco. In these communications, the Ministry of Justice and Labour requested that "all the information available on these allegations be provided as soon as possible".

The Committee notes that "the Office of the Public Prosecutor is aware of the labour problems that a number of indigenous communities are experiencing in the Chaco" and that "the ranches in the Chaco should be inspected immediately".  The Government also indicates that the Ministry of Justice and Labour has planned such inspections.

The Committee regards debt bondage as constituting a serious violation of the Convention. The Committee trusts that the Government will indicate the results of the inspections carried out in the Chaco ranches and that it will take the necessary measures to protect indigenous workers in this region against debt bondage and will inform the Committee of the progress made to this end.

2. Artcile 2(2)(c). In its previous comments, the Committee referred to section 39 of Act No. 210 of 1970, which provides that work shall be compulsory for detainees. Section 10 of the above Act defines detainees as not only convicted persons, but also persons subjected to security measures in a prison establishment. The Committee recalled that, under the terms of Article 2(2)(c) of the Convention, work or service may only be exacted from a person as a consequence of a conviction in a court of law. Persons who have been detained but not convicted shall not be obliged to carry out any type of work.

In its report the Government reiterates that a new Prison Code, which is currently being examined, will replace Act No. 210 of 1970. The Committee requests the Government to provide a copy of the Prison Code, once it is adopted.

3. The Committee has also noted the detailed information provided by the Government in reply to its general observation on the privatization of prisons and prison labour. With regard to this issue, the Committee notes with interest that the draft Prison Code contains a provision prohibiting the privatization of the prison system.