Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Other comments on C182

Observation

Direct Request

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

The Committee notes the comments of 31 August 2011 by the National Union of Workers (CNT), and the Government’s report. It also notes the detailed discussion that took place in the Committee on the Application of Standards during the 100th Session of the International Labour Conference in June 2011.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments the Committee noted that according to a study on the trafficking of persons in Paraguay produced in 2005 by the NGO Grupo Luna Nueva, referred to in comments by the International Trade Union Confederation (ITUC), the trafficking of persons, including boys and girls, at both the international and domestic levels, is on the increase in the country. It noted with satisfaction that new provisions, sections 129b and 129c, introduced in the Penal Code by Act No. 3440/08, punish trafficking for the purposes of prostitution, slavery and forced labour by means of force, threats, deception or trickery, by prison sentences of up to 12 years. It also noted that the Legislative Committee of the Roundtable on Trafficking is reviewing a bill on the combating of trafficking, which would cover all relevant aspects, including prevention, investigation, penalties, assistance and the social rehabilitation of victims. The Committee noted, however, that according to the Attorney General’s Office, only 50 per cent of the cases of trafficking occurring between 2004 and 2008 have been brought before the judicial authorities, although action to combat trafficking in 2008 led to an increase in the number of cases reported that year. Furthermore, according to a 2009 report on the trafficking of persons in Paraguay, available on the website of the Office of the United Nations High Commissioner for Refugees, some government officials, including police, border guards and elected officials reportedly facilitated trafficking crimes by accepting payments from traffickers; other officials allegedly undermined investigations or alerted suspected traffickers of impending arrests. Despite the serious nature of these allegations, the Paraguayan authorities reportedly did little to investigate acts of trafficking-related corruption and there were no prosecutions related to official complicity in trafficking offences.

The Committee notes the draft bill to combat the trafficking of persons attached to the Government’s report. It notes with interest that the bill prohibits human trafficking, both inside the country and across international borders, for the purpose of sexual exploitation and forced labour, and punishes offenders of such crimes with prison terms ranging from ten to 25 years where the victim is a minor. It notes that the bill will shortly be submitted to the National Congress. Furthermore, the Government’s report indicates that according to information supplied by the Public Prosecutor’s special unit to combat the trafficking of persons and sexual exploitation, 101 cases were registered between 2009 and 2011, and proceedings are still under way in 86 of these. The Committee notes that more than 60 victims of trafficking under the age of 18 years have been identified in the context of these proceedings. It notes, however, that the Government’s report provides no information on the number of convictions for trafficking in these cases. The Committee observes that the Conference Committee on the Application of Standards expressed deep concern at the particularly weak application of the national legislation and at the allegations of complicity of government officials with traffickers. Consequently, the Committee urges the Government to strengthen its efforts to ensure the elimination of the sale and trafficking of children and young persons under 18 years of age in practice, making sure that thorough investigations are undertaken and completed, and that persons committing such offences, including government officials suspected of complicity, are effectively prosecuted, and that effective and sufficiently dissuasive sanctions are imposed on offenders. It requests the Government once again to provide information on the number of offences reported, investigations held, prosecutions, convictions and penal sanctions imposed. Lastly, it asks the Government to provide information in its next report on the progress made in enacting the draft bill on trafficking.

Clause (b). Use, procuring or offering of children for prostitution. The Committee noted previously that according to a communication from the ITUC, most child victims of prostitution in Paraguay are girls, but transsexual boys are also beginning to work in prostitution as from age 13 and are often victims of trafficking to Italy. It further noted that according to a study carried out by ILO–IPEC in June 2002 on the commercial sexual exploitation of girls and boys, and to the report of 9 December 2004 by the Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/2005/78/Add.1), two-thirds of sex workers are minors.

The Committee notes the information in the Government’s report to the effect that the Public Prosecutor’s special unit to combat human trafficking and sexual exploitation registered 101 cases between 2009 and 2011 involving more than 90 girls and boys under 18 years of age who had fallen victim to commercial sexual exploitation. It nonetheless notes that the report supplies no information on the number of convictions obtained in these cases. The Committee notes that in its conclusions, the Conference Committee on the Application of Standards shared the concern expressed, inter alia, by the Employer and Worker members at the large number of children under 18 years of age who are victims of commercial sexual exploitation in practice. Consequently, the Committee requests the Government to strengthen its efforts to combat the commercial sexual exploitation of children. It requests the Government to provide detailed information on the number of offences reported, investigations held, prosecutions, convictions and penal sanctions imposed for breach of the provisions of the national law concerning the use, procuring or offering of children for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee noted that the Government has taken several initiatives to prevent and punish the hiring of children for the purpose of drug trafficking, which included establishing in the police force special teams dealing with children, young persons and women. It nonetheless noted that the Government provided no information on the adoption of legislation to prohibit the use, procuring or offering of a child for illicit activities, particularly drug production and trafficking.

The Committee notes with regret that, once again, the Government’s report provides no information in this regard. It reminds the Government that according to Article 3(c) of the Convention, the use, procuring or offering of a person under 18 years of age for illicit activities and, in particular, for the production and trafficking of drugs as defined in relevant international treaties, are among the worst forms of child labour and that, pursuant to Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee urges the Government to take the necessary measures as soon as possible to prohibit by law the use, procuring or offering of a child for illicit activities, particularly the production and trafficking of drugs. It requests the Government to provide information on all progress made in this respect in its next report.

Article 5. Monitoring mechanisms. Trafficking and commercial sexual exploitation. The Committee previously noted that according to comments from the ITUC, very few controls are carried out at borders, which makes it easy to transport children from Ciudad del Este or from Pedro Juan Caballero to Foz de Iguazú in Brazil, or from Encarnación and Puerto Falcón to Posadas and Clorinda in Argentina. The ITUC indicated that Argentine customs officers regularly apprehend minors who have crossed the border with Paraguay without being intercepted and either have no identity documents or have documents belonging to someone else. The ITUC also indicated that a number of Paraguayan officials from the Migration and Identification Department and the Immigration Department consider that they lack the authority to intervene in cases of trafficking and believe that the offence of human trafficking can be committed only in the country of destination of the victims. The ITUC also asserts that few cases of human trafficking are reported and even fewer instances of prosecution, due to the lack of awareness of the phenomenon among the public, and particularly among the police. Lastly, the ITUC asserted that the police lacks personnel specializing in investigations into the commercial sexual exploitation of children and that the law enforcement agencies do not clearly understand that children engaged in prostitution may be victims of crime and that, in practice, they are often treated as prostitutes and criminals. The Committee nonetheless noted that one of the objectives of the ILO–IPEC project “Combating the worst forms of child labour through horizontal cooperation in South America 2009–13” is to strengthen the labour inspectorate and step up action by other law enforcers such as prosecutors, judges and the labour courts.

The Committee notes the information submitted by the Government representative at the Conference Committee on the Application of Standards to the effect that officials of the Ministry of the Interior have been trained to detect cases of commercial sexual exploitation, and to identify the offenders and the assistance to be provided to victims. The Government’s report also indicates that in the context of the ILO–IPEC project “Combating the worst forms of child labour through horizontal cooperation in South America 2009–13”, the Government of Paraguay has cooperated with Brazil to improve its telephone helpline system “FONOAYUDA” for reporting offences related to commercial sexual exploitation. Referring to the conclusions of the Conference Committee on the Application of Standards, the Committee strongly encourages the Government to pursue its efforts to build the capacity of law enforcement agencies, particularly the police, the judiciary and customs officials, to combat the trafficking and commercial sexual exploitation of children, and requests it to continue to provide information on the measures taken and the results obtained.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from becoming engaged in the worst forms of child labour, removing them therefrom and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee noted previously that a unit has been created within the National Committee for Childhood and Adolescence (SNNA) for the purpose of assisting child victims of trafficking pending their social integration. Furthermore, in order to prevent the trafficking of children and assist child victims of trafficking, SNNA regional offices have been created in the border departments of Alto Paranà, Ciudad del Este and Encarnación. The Committee also noted that two programmes have been launched with European Union support and in collaboration with ILO–IPEC. The first – Alas Abiertas – is aimed at eliminating the trafficking and commercial sexual exploitation of children in the department of Encarnación and is carried out by the NGOs BECA and CECTEC. The second is aimed at eliminating the internal trafficking of children through the rehabilitation of child victims of trafficking and is implemented by the NGOs Luna Nueva and INECIP.

The Committee notes that at the Conference Committee on the Application of Standards, the Government representative stated that nationwide consultations have been conducted with a view to elaborating a second National Plan for the prevention of the commercial sexual exploitation of children and young persons. According to the Government’s report, this document is currently being reviewed and will shortly be submitted for approval by the National Council for Children and Adolescents. The Government states that, in addition, the SNNA has renewed its campaign to combat human trafficking and the commercial sexual exploitation of children and adolescents, with the support of ILO–IPEC. The Committee also takes due note of the information sent by the Government concerning the implementation of the BECA, CECTEC, Luna Nueva and INECIP programmes. The Committee requests the Government to pursue its efforts to withdraw child victims from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the measures taken and the results obtained in the context of the National Plan to prevent the commercial sexual exploitation of children and adolescents.

Clause (d). Children at special risk. 1. Children working in domestic service – the “criadazgo” system. The Committee previously noted a communication from the ITUC indicating that according to a study carried out between 2000 and 2001, more than 38,000 children between the ages of 5 and 17 years worked in domestic service in the houses of others. The study also indicated that another group of children who are very vulnerable to exploitation – those engaged under the “criadazgo” system, live and work in the houses of others in exchange for food and board and education. The ITUC also indicated that a study conducted in 2002 by the Documentation and Studies Centre shows that nearly 60 per cent of children working in domestic service and children engaged under the “criadazgo” system are aged 13 years and under. According to the ITUC, in so far as these children do not control their conditions of employment, a majority of them work under conditions of forced labour. The Committee also noted that according to a study on child domestic work in urban and rural areas in Paraguay, carried out in 2005 in cooperation with ILO–IPEC, 11 per cent of children between 10 and 17 years of age worked in remunerated domestic service and while one third of these were employed as paid domestic workers, the other two-thirds were employed under the “criadazgo” system.

The Committee notes that at the Conference Committee on the Application of Standards, the Government representative stated that the Government was planning to take specific measures within the National Committee for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (CONAETI) in order to protect children and adolescents working for others, and was committed to implementing strategies to remedy the use of children in domestic work. It nonetheless observes that the Government’s report provides no information in this regard. It further notes that, in its conclusions, the Conference Committee on the Application of Standards underlined the seriousness of the “criadazgo” system, deeming it a violation of the Convention. Consequently, the Committee once again urges the Government to take effective and time-bound measures to protect children working as domestic servants or under the “criadazgo” system against the worst forms of child labour. It requests the Government to provide detailed information on progress made in this regard, in terms of the number of children under 18 years of age who have been prevented from engagement in, or withdrawn from, the worst forms of child labour in the domestic work sector.

2. Street children. Further to its previous comments, the Committee takes note of the CNT’s assertion that many children work in the streets in order to meet the needs of their families. The Committee notes the information sent by the Government to the effect that the ABRAZO programme has benefited another 2,730 children in 2011, making a total of 4,530 children under 14 years of age to have benefited from the programme. It also notes with interest that, out of this total, more than 3,000 children have stopped working in the streets. The Government’s report also indicates that a public policy proposal for social development (2010–20) was adopted in 2010, and that one of its priority objectives is to ensure that care is provided for 6,000 street children by 2013. Lastly, the Committee takes due note of the PAINAC programme, implemented by the SNNA, which aims to reduce the number of children and adolescents with no family links who live in the streets, and to set up emergency protection arrangements. According to the Government, the programme reached out to 463 children and young persons between 2009 and July 2011. While welcoming the measures adopted by the Government, the Committee requests the Government to strengthen its efforts to protect street children engaged in the worst forms of child labour and to continue to provide information on results obtained under the ABRAZO and PAINAC programmes.

Furthermore, in accordance with the recommendation of the Conference Committee on the Application of Standards, the Committee strongly encourages the Government to continue to avail itself of ILO technical assistance.

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