Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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 2023. It requests the Government to provide its comments in this respect.

Articles 3(a) and (b), and 7(1) of the Convention. Sale and trafficking and commercial sexual exploitation of children, and penalties. The Committee notes, from the Government’s report, the adoption of the National Plan for the Prevention and Fight against Trafficking in Persons 2020-2024 (through Decree No. 4473 of 2020). From the National Plan, the Committee notes that children continue to be trafficked, and in 2019, 177 child victims were identified (144 girls and 33 boys). The Committee also notes, from the website of the Public Ministry, that during 2020, the Prosecutor’s Office received 915 reports of child pornography. The Committee notes, from the website of the National Observatory for Childhood and Adolescence (ONNAP), that in 2022, the ONNAP recorded 7,327 cases of violations against children, including 1,861 cases of child pornography, 138 cases of pimping and 66 cases of child trafficking.

The Committee takes note of the detailed activity report in the framework of the national coordination of the Inter-institutional Table for the Prevention and the Fight Against Trafficking in Persons provided by the Government. The activity report provides information relating to trainings, seminars and awareness-raising activities provided to Government officials and the general public, undertaken between 2019 and 2022. The Government further indicates that, in 2020, the Ministry of Women published a “Guide for addressing information on trafficking in persons”, to raise awareness on the definitions and concepts of trafficking in persons contained in Act No. 5788/2012. The Committee further takes note of the summaries of judicial decisions provided by the Government, with details of convictions and penalties imposed. With regard to child trafficking, the Government indicates that 16 convictions were handed down in 2019, 3 convictions in 2020, 26 convictions in 2021 and 2 convictions in 2022. The Committee notes the observations of the CUT-A indicating that the number of convictions is extremely low. The CUT-A also indicates that the number of investigations of trafficking cases is decreasing: 53 investigations were initiated in 2021, compared to 106 investigations in 2020 and 141 investigations in 2019.

The Committee notes, from the concluding observations of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), the following concerns: (1) that the Government has not yet achieved satisfactory standards in its fight against trafficking in persons; (2) that children, especially those living on the street in the tri-border area, continue to be subjected to exploitation; and (3) over the small number of convictions for trafficking in persons, particularly trafficking for purposes of sexual exploitation (CMW/C/PRY/CO/2, 3 June 2022, para. 67). While noting the measures taken by the Government, the Committee requests it to strengthen its efforts and to continue taking immediate and effective action to ensure the elimination in practice of the sale, trafficking and commercial sexual exploitation of children under 18 years of age, including within the framework of the National Plan for the Prevention and Fight against Trafficking in Persons 2020-2024. It requests the Government to continue to provide information on the measures taken to this end, and on the results achieved. The Committee also requests the Government to continue providing information on the number of offences reported, investigations conducted, prosecutions, convictions and penal sanctions imposed regarding trafficking and commercial sexual exploitation of children.

Article 5. Monitoring mechanisms. Trafficking. The Committee notes the Government’s indication that the National Plan for the Prevention and Fight Against Trafficking in Persons 2020-2024, aims to strengthen institutions and improve inter-institutional coordination. The Committee takes note of the Government’s information on trainings provided to the Public Ministry, the National Police, the Directorate of Migrations, the Ministry of Women, the Ministry of Children and Young Persons (MINNA) and the Ministry of Labour, Employment and Social Security (MTESS), with the aim of strengthening the capacities of law enforcement agencies to detect cases of trafficking. The Committee further notes the Government’s reiterated information on existing complaints mechanisms, including: (1) a toll-free hotline “Fondo Ayuda 147” of the MINNA; (2) an online complaints procedure; and (3) the possibility of reporting trafficking in persons to the Ministry of Women via a hotline, email or online.

Moreover, the Committee notes that the CUT-A: (1) once again expresses concerns that government controls are still very weak in the face of the trafficking in children phenomenon; (2) reiterates that the secure online complaint system is not operational and that the Government has not provided information on the number of reports received and dealt with; and (3) indicates that reports of child trafficking received through these complaint mechanisms do not lead to investigations and prosecutions, and are thus insufficient to protect children from trafficking. Referring to paragraph 626 of its General Survey on the fundamental Conventions of 2012, the Committee observes that, due to the multidimensional nature of child trafficking, several different monitoring institutions play an important role in this regard. The Committee considers that collaboration and information sharing between these various institutions is essential for preventing and combating trafficking in children. The Committee therefore requests the Government to take the necessary measures, including within the framework of the National Plan 2020-2024, to improve the cooperation between different national agencies to combat trafficking in children. It also requests the Government to provide information on the measures taken to this end, including to ensure the proper cooperation between law enforcement agencies and the ministries running the various complaints mechanisms.

Articles 6 and 7(2). Programmes of action and 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. The Committee notes the Government’s indication that the National Plan for the Prevention and Fight Against Trafficking in Persons 2020-2024, aims to: (1) prevent trafficking and commercial sexual exploitation; (2) provide assistance to persons affected; and (3) prosecute and convict perpetrators.

The Committee further notes the Government’s reference to Resolution MDS No. 837/2021, which approves the protocol for responding to requests from other public institutions to include persons and families who are in a vulnerable situation in the programmes and projects of the Ministry of Social Development, as a preventive measure. The protocol provides detailed information on the steps that should be taken when caring for persons in situations of vulnerability, including victims of trafficking and children in street situations (reception, placement and follow-up action to ensure the social integration of the concerned people). The Committee notes the information provided on the actions of the Ministry of Women to ensure the rehabilitation and social integration of women victims of trafficking. The Committee also notes that the MTESS provides detailed information on the training provided to four adolescent victims of trafficking, to facilitate their entry in the labour market. The Committee notes, from the 2022 Annual Management Report of the MINNA, that the Comprehensive Care Programme for Victims of Trafficking and Sexual Exploitation (PAIVTES), implemented in collaboration with the Public Ministry and shelter homes, educational institutions and other stakeholders, provided assistance to 67 child victims of trafficking and sexual exploitation in 2022.

The Committee notes the observations of the CUT-A indicating that child victims of trafficking do not receive the proper and necessary assistance and that many of them are re-victimized. In this regard, the CUT-A refers to 24 Paraguayan child victims of trafficking identified in Brazil between March and July 2020 who were revictimized due to the lack of proper assistance by authorities. The Committee requests the Government to pursue its efforts to prevent the trafficking of children and their commercial sexual exploitation. It requests the Government to continue taking effective and time-bound measures to this end, including within the framework of the National Plan for the Prevention and Fight against Trafficking in Persons 2020-2024, and to provide information on the impact of such measures. The Committee also requests the Government to provide information on the measures taken to provide the necessary and appropriate direct assistance to remove children from these worst forms of child labour, including within the framework of the PAIVTES, with an indication of the number of children who were removed, rehabilitated and socially integrated.

Article 7(2)(d). Children at special risk and labour inspection. Children engaged in hazardous domestic work – the “criadazgo” system. The Committee previously noted that 11 per cent of children between 10 and 17 years of age worked in domestic service, two-thirds of them under the criadazgo system (children living and working in domestic service in the houses of others in exchange for food, board and education), making them very vulnerable to exploitation and work in hazardous conditions. The Committee notes the Government’s indication that: (1) in 2020, it launched a campaign to raise awareness against the criadazgo system (El criadazgo #NoEsNormal); and (2) it adopted, in 2022, Act No. 6881 regulating the modalities of alternative care of children in residential entities and residences with educational purposes of a private nature in the Western Region (Chaco), which requires educational entities to protect children from all forms of exploitation to refrain from entrusting them with domestic tasks. The Committee further notes, from the Government’s report on the application of the Minimum Age Convention, 1973 (No. 138), that the MTESS provides regular awareness-raising sessions for the benefit of domestic workers on their labour rights, including through the publication of an informational pamphlet on domestic work. However, the Committee notes that neither the awareness-raising sessions nor the pamphlet address the issue of the criadazgo system nor the prohibition of child domestic work of Act No. 5407/15, which sets the minimum age for domestic work at 18 years.

With regard to labour inspection, the Government provides a copy of Memorandum DGIF 306/2023 summarizing inspections undertaken in 2021 in the Chaco region. However, the Committee notes with concern that, once again, the Government fails to provide information on actions taken by the labour inspectorate and the specific penalties imposed in the context of the criadazgo system, as previously requested. The Committee notes the reiterated observations of the CUT-A indicating that the use of children, especially girls, as domestic workers remains widespread throughout the country, especially in remote regions such as Chaco and the northern region. The CUT-A further indicates that: (1) the Government has so far not adopted any measures or taken any action to improve the working conditions of these children; and (2) there needs to be effective labour inspection to ensure the application of Act No. 5407/15. The Committee therefore urges the Government to take the necessary measures to adapt and strengthen the capacities of the labour inspectorate to effectively detect situations of child domestic work, including in the criadazgo system. The Committee further requests the Government to provide information on: (i) the application of Act No. 5407/15 in practice, including by indicating the number of reported violations relating to the engagement of children under 18 years in domestic work and the penalties imposed; and (ii) the measures taken or 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.

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