Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Paraguay (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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The Committee notes the observations of the Central Confederation of Workers Authentic (CUT-A), received on 30 August 2019.

Articles 3(a) and (b), and 7(1) of the Convention. Sale and trafficking of children, and the use, procuring or offering of a child for prostitution, and penalties. In its previous comments, the Committee requested the Government to intensify its efforts to take immediate and effective action to ensure the elimination in practice of the sale, trafficking and sexual exploitation of children and young persons under 18 years of age. The Committee requested the Government to provide information on the number of offences reported, investigations conducted, prosecutions, convictions and penal sanctions imposed.

The Committee notes the observations of the CUT-A indicating that, although the National Programme for the Prevention and Combating of Trafficking and Care for its Victims has had its own funding since 2018, the budget was reduced in 2019 and it does not provide adequate care to the victims. The CUT-A indicates that the secure online complaint system is not operational and the Public Prosecutor’s Office does not contribute to raising awareness of the system among the population.

The Committee notes the Government’s indication that, according to the Ministry for Women (MINMUR), the investment fund for the national programme for the prevention and combating of trafficking and care for its victims was included in the national budget for the first time in 2018 and the next programme is being formulated.

The Committee also notes the various awareness-raising campaigns established under the National Policy for Children and Young Persons 2014–24, as one of the means of protection and reporting the trafficking of children and the sexual exploitation of girls, boys and young persons. These measures include campaigns against sexual exploitation in tourism such as “I live in Encarnación, I protect the rights of children and adolescents”, “Together we protect children and young people # to the rhythm of the carnival” and “I experienced the carnival, I protect 147”.

The Committee notes the legal procedures dealt with by the Ministry of Public Defence with regard to minors. In the first half of 2018, some 17,401 cases were examined by the juvenile court, and 12,765 in the second half of the year. However, the Committee notes that the Government has not provided information concerning the penalties imposed on the perpetrators of the crimes of sale, trafficking and sexual exploitation of children in relation to the information provided on the number of legal procedures dealt with by the Ministry of Public Defence. While noting the measures taken by the Government, the Committee urges the Government to intensify its efforts to take immediate and effective action to ensure the elimination in practice of the sale, trafficking and sexual exploitation of children under 18 years of age. It urges the Government to ensure that in-depth investigations and robust prosecutions are conducted against persons engaged in such acts and that sufficiently effective and dissuasive sanctions are imposed. The Committee once again requests the Government to provide information on the number of offences reported, investigations conducted, prosecutions, convictions and penal sanctions imposed.

Article 5. Monitoring mechanisms. Trafficking and sexual exploitation. In its previous comments, the Committee noted that the Government had carried out inspections in the border zones with Brazil and Argentina, within the framework of the Regional Plan for the Elimination of Child Labour in MERCOSUR countries. The Committee requested the Government to continue its efforts to strengthen the capacities of law enforcement agencies, with a view to improving their ability to detect cases of trafficking and sexual exploitation of children.

The Committee notes that the CUT-A expressed concerns that government controls are still very weak in the face of the trafficking in children phenomenon.

The Committee notes the Government’s indication in its report that, regarding complaint mechanisms and other services, the Specialized Unit to Combat Trafficking in Persons and the Sexual Exploitation of Children and Young Persons has implemented a system to receive complaints from children and young persons, in coordination with the Ministry of Foreign Affairs, the MINMUR, the Ministry for Children and Young Persons (MINNA) and the national police. Since 2013, 458 complaints have been lodged with the Unit. The MINNA has a toll-free hotline, “Fono Ayuda 147”, that provides care and guidance over the telephone in situations involving children and adolescents. This hotline specializes in psychological, social and legal support in cases of vulnerability and/or the violation of children’s rights.

The Committee also notes the cooperation between Paraguay and Colombia and the collaboration with Argentina in the context of bilateral cooperation agreements for the prevention, investigation and detection of cases of trafficking in persons, with a view to strengthening coordination and action against cross-border trafficking in persons. The Committee once again requests the Government to continue its efforts to strengthen the capacities of law enforcement agencies, with a view to improving their ability to detect cases of trafficking and sexual exploitation of children. The Committee requests the Government to provide information on the results achieved through the ongoing bilateral cooperation programmes.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from becoming engaged in and removing them from the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted a lack of programmes for the reintegration of child victims of sale, prostitution and pornography and an absence of information on the results of the National Plan for the Prevention and Elimination of the Sexual Exploitation of Children and Young Persons (2012–17). The Committee requested the Government to provide information on the results achieved through the implementation of the National Plan.

The Committee notes the information in the Government’s report on the results of the programme for the comprehensive care of children and young persons who are victims of trafficking and sexual exploitation between 2017 and 2018. Some 664 children and young people received care. The interventions and actions were carried out in coordination with the institutions of the National System for Comprehensive Care, the Public Prosecutor’s Office, the judiciary, shelters, educational institutions and health centres. The Rosa Virginia shelter has a specialized programme for girls and young persons who are victims of trafficking and sexual exploitation. At the shelter, they receive psychological and medical assistance, food and other support. To date, 79 girls have been returned to their families.

The Committee notes that, in 2016, the Specialized Unit to Combat Trafficking in Persons and the Sexual Exploitation of Children and Young Persons of the Public Prosecutor’s Office provided assistance to 82 victims, (of which 74 are women and 40 are minors) on the basis of 61 requests for intervention. The main types of offences against minors are procuring for sexual activities and pornography. In 2017, the Public Prosecutor provided assistance to 60 child victims of offences punishable by law. In 2018, a total of 110 victims received assistance, including 67 girls and seven boys.

In 2019, the MINNA opened a second protection centre for children and young persons who are victims of trafficking and sexual exploitation in collaboration with the governorate of the Central Department. The Committee requests the Government to continue to provide information on the results achieved through the implementation of the national programme and the results of the National Plan 2012–17, indicating the number of children removed from the worst forms of child labour who have benefited from these measures.

Article 7(2)(d). Children at special risk and labour inspection. Children engaged in domestic work – the “criadazgo” system. The Committee previously noted the high number of children who are still working under the criadazgo system, and requested the Government to intensify its efforts to combat the exploitation of child labour within its context.

The Committee notes the observations of the CUT-A regarding a lack of legal proceedings related to the criadazgo system, specifically in the region of Chaco. The CUT-A indicates that this concern has been repeatedly raised with the Government.

The Committee notes that the MINNA conducted a campaign to combat the practice of children living and performing domestic work in the homes of others in exchange for housing, food and education. This campaign is called “No to criadazgo, respect my rights” and aims to raise the awareness of the population of the importance of eliminating the domestic work of children. The Committee notes that, since 2015, domestic work by children has been prohibited under Act No. 5407/2015 and administrative penalties (provided for under section 389 of the Labour Code) may be applied. However, the Committee notes with concern the Government’s failure to provide information on action taken by the labour inspectorate and the specific penalties imposed in the context of the criadazgo system. The Committee urges the Government to intensify its efforts to combat the exploitation of child labour within this context. The Committee requests the Government to provide information on the action envisaged to protect and remove these children from the worst forms of child labour, and to ensure their rehabilitation and social integration, and on the results achieved. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide training to the labour inspectors to detect cases of child victims of the criadazgo system. Please provide information on the violations detected and the penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.