Individual Case (CAS) - Discussion: 2017, Publication: 106th ILC session (2017)



A Government representative said that the country’s labour administration authority had undergone significant institutional development since 2013, with the creation of the Ministry of Labour, Employment and Social Security (Ministry of Labour), a body with specific objectives and tasks in social and labour affairs. The new Ministry had needed to address daily challenges related to the important task of organizing a new department that met the high standards required, embarking on a process of modernization and growth, despite budgetary limitations. It had made significant progress in the implementation of the current legislation. It had also formulated amendments to laws and regulations, in line with the recommendations of the Committee of Experts. Social dialogue had been strengthened on various topics through the Tripartite Advisory Council, in accordance with Act No. 5 115/13 establishing the Ministry of Labour. He highlighted the country’s increased participation in the ILO, including with respect to paying state contributions, the presence of trade union representatives at the Conference, the submission of reports on Conventions and the technical assistance received from the Office. With regard to the report of the Committee of Experts, he emphasized that various issues that the said Committee had discussed this year had been covered by the Government in the reports submitted in previous years, and that those reports showed a firm willingness on the part of the State to move forward in the process of combating and preventing forced labour. Referring to the adoption of the National Strategy for the Prevention of Forced Labour 2016–20, adopted by Decree No. 6285 of 15 November 2016, he said that the Strategy had been the result of numerous tripartite meetings with the social partners and sectoral workshops organized around the country. The reasoning set out in the Decree noted that the Executive Authorities were adopting the Strategy in the awareness that there existed a sector of the population who, for various reasons, found themselves in a particularly vulnerable position and, in line with the observations made by the Committee of Experts concerning the alleged existence of debt bondage in the Paraguayan Chaco region, so that, in coordination with the Ministry of Labour, state policies could be formulated with the main aim of identifying instruments and measures to address the problem. The initial objective in the short term was to draw up a protocol of procedures for the public sector that defined the roles, functions and responsibilities of the public bodies involved in implementing the Strategy. The ultimate aim was to ensure coordination among the key bodies, including the Ministry of Labour, the Public Prosecution Service, the national police, the Office of the Public Defender and the judicial authorities. In that regard, a project was being carried out with ILO technical assistance with the aim of submitting an inter-institutional protocol to the Commission on Fundamental Rights at Work and the Prevention of Forced Labour for consideration by the social partners and the Government. It was to be hoped that the protocol would be approved and implemented later in 2017 or early in 2018. The ILO was also supporting the country by providing a training module for labour inspectors on forced labour, and in the planning of activities for 2017–18 under the National Strategy for the Prevention of Forced Labour.

With regard to the measures taken to strengthen the technical unit of the labour inspectorate for the prevention and eradication of forced labour, new labour inspectors had been recruited through public competitions requiring professional university qualifications and had been trained in monitoring and labour inspection by ILO experts. In recognition of the fact that the number of inspectors was still too low, the aim was to increase their numbers and geographical distribution, within available budgetary resources. Concerning the lack of infrastructure and weak state presence in the Chaco region, he said that the region represented a very special case, as it accounted for over 50 per cent of the national territory, but had a very small population of 350,000 people, of whom 40,000 were indigenous. The Ministry of Labour’s only offices in the region were located in Teniente Irala Fernández. The short-term aim was to empower the Department of Labour so that it could operate in the town of Filadelfia, closer to groups of indigenous peoples. In that regard, the Government was finalizing the details in preparation to sign an agreement with the regional government in Boquerón to facilitate basic installations. Once the Department had been established there, the next step would be to increase its staffing levels and, if possible, recruit more indigenous advisors on a permanent basis. With reference to the need for information on the judicial rulings handed down in cases in which forced labour practices had been detected, he referred to the reports on Convention No. 29 and the Abolition of Forced Labour Convention, 1957 (No. 105), in which information had been provided on judicial rulings and action by the Public Prosecution Services in cases involving human trafficking and forced labour. He also said that the ILO was training judges from the judicial authorities on the Conventions that the country had ratified. It would take time to see the results. The new Code on the Execution of Criminal Sentences included provisions governing work by detainees in national prisons and replaced Act No. 21 of 1970 on the prison system, in accordance with the judicial interpretation criteria of lex posterior and lex specialis. In conclusion, he noted that forced labour presented a challenge that his country had taken up responsibly, although under geographical, demographic and budgetary constraints. The future would show sustained and continuous progress towards full compliance with fundamental rights, for which better protection was required for vulnerable population groups, especially indigenous peoples in the Paraguayan Chaco. The ILO was an invaluable ally on that journey, providing the country with significant technical assistance, all of which increased its hope of continuing to make progress in the proper application of Convention No. 29.

The Worker members emphasized that the Committee of Experts had been dealing with the issue of debt bondage imposed on workers from indigenous communities in Paraguay for 20 years. Such practices had also been identified by various official missions of the United Nations Permanent Forum on Indigenous Issues, the Special Rapporteur on the rights of indigenous peoples and various investigations undertaken by the International Trade Union Confederation (ITUC) and several Paraguayan trade unions. The ILO estimated that at least 8,000 workers could be victims of forced labour in the Chaco region of Paraguay, but the number could even be much higher if the serious shortcomings in labour inspection, precarious infrastructure, the size of the region and the indifference of the authorities were taken into account. It could be assumed that the Convention was being violated, with the full knowledge of the authorities, as the use of debt bondage was a habitual practice in livestock farming. Indigenous workers were usually paid far less than the minimum wage and had to take out loans from their employers. Those sums were generally used to build housing, pay school fees or just to buy food or clothing. In reality, however, the majority of their wages went towards paying outstanding debts, leaving them trapped in a situation amounting to forced labour. In the past, large expanses of indigenous lands had been sold to foreign speculators, forcing many indigenous communities to work for large ranches. At present, these ranches were the only source of employment in the Chaco region. Men usually worked in the fields, taking in the harvest or tending livestock. Domestic work was generally performed by indigenous women, or in some cases their children, for ranch owners. Women indigenous domestic workers suffered constant abuse from their employers, and often did not receive wages, working instead only for bed and board. For children, the situation was even worse. In Paraguay, there was the widespread practice of “criadazgo”, whereby children worked as servants in exchange for their basic needs, which enabled them to receive an education. As these children had no control over their conditions of employment, in reality they were subject to forced labour. Around 47,000 minors, mostly girls, were employed in Paraguay in domestic service under the “criadazgo” system. According to official census figures, they represented 2.5 per cent of the country’s child and adolescent population. The Worker members took note of the creation of an office of the Department of Labour in Teniente Irala Fernández, in the central Chaco region. However, the office was situated 72 kilometres from the city of Filadelfia, capital of the Boquerón region. As indigenous workers had no means of transport, it was impossible for them to cover the distance on foot to submit their complaints. The office currently had only one member of staff, who did not have the proper training and lacked the funds to cover her own travel. Moreover, the Government had not provided information to the trade unions on the activities of the office, nor on the number of complaints of forced labour received and dealt with, nor on any other violation of labour rights. That being the case, complaints were not being made and the submission of complaints could be detrimental to workers. Blacklists were common among employers in the Chaco region, and the majority of ranch owners required references before assigning work on their ranches. Indigenous workers claimed that making a work-related complaint could have a negative impact on other members of the ethnic group, ruining job prospects for the whole community.

With regard to inspections, the Government had announced the creation of the Department for Indigenous Labour and a technical unit in the labour inspectorate for the prevention and eradication of forced labour, supposedly composed of six labour inspectors. However, according to Paraguayan trade unions, those bodies had ceased to function almost as soon as they had been established. During the brief period when they had been operational, they had never informed the social partners of the fines levied against employers, the compensation awarded to workers or the number of workers who had taken part in training courses. Under Article 25 of the Convention, the exaction of forced labour had to be punished as a penal offence, and the penalties imposed needed to be really adequate and strictly enforced. The Committee of Experts had repeatedly requested the Government to provide information on the number of cases in which the labour inspection services had identified violations of the Labour Code in relation to the protection of wages and the operation of company stores. To date, that information had not been supplied to the ILO. In April 2015, based on the Committee’s conclusions, a delegation from the Ministry of Labour, headed by the Minister, had visited the Chaco region to examine the working conditions on agricultural ranches. The delegation had visited only a few workplaces and had been accompanied throughout its visit by representatives of the region’s main agro-enterprises. According to information published on the Government’s website, the Ministry of Labour had made an appeal to ranch owners and the representatives of enterprise at a meeting held during the visit, saying: “We are not following up biased complaints that originated in the ILO in Geneva, but we need to show that there is no forced labour and we want you to help us. We have to prove this is the case.” It was understandable why, at the end of the visit, the Minister had made statements, widely publicized in the press, saying that the mission had been unable to verify the existence of forced labour in the Chaco region. The Committee of Experts, in its 2017 report, had noted with deep concern the operational problems faced by bodies set up to enable indigenous workers who were victims of labour exploitation to exercise their rights, as well as the lack of information on the activities of those bodies. It had also indicated that the national legislation still did not contain sufficiently specific provisions adapted to the national circumstances, meaning that the competent authorities were unable to initiate criminal proceedings against the perpetrators of these practices and punish them accordingly. There had in fact been no judicial rulings relating to forced labour for 20 years. The Worker members took note of the adoption in 2016, with ILO technical assistance of the National Strategy for the Prevention of Forced Labour. However, they noted with concern that trade union organizations had not been properly consulted during the formulation of the Strategy, nor had they been informed of the progress made. Furthermore, the Strategy did not contain specific measures for indigenous communities in the Chaco and Eastern regions. A significant omission in the Strategy was the fact that it did not cover the prohibition of forced labour and penalties for those responsible. Similarly, it made no mention of institutional strengthening for the labour inspectorate, nor of the need for coordination between the inspectorate and the Public Prosecution Services. Those elements were fundamental parts of the Convention and had been raised repeatedly by the Committee of Experts. With regard to prison labour, despite repeated requests from the Committee of Experts, the Government had still not amended the Act on the prison system, under which prison labour was also compulsory for persons subject to security measures in prison. Under the current legislation, those in preventive custody were obliged to work in prison, which was a clear violation of Article 2 of the Convention. The Worker members recalled once again that the ILO supervisory bodies had been examining the case for 20 years. They also observed that the ILO had already provided Paraguay with technical assistance, but it was clear that the Government did not have the political will to make the changes required in law and practice to resolve the recurrent violations of the Convention. Thousands of workers, especially indigenous workers, were still victims of abuse and subject to forced labour at the hands of unscrupulous employers, with the Government’s blessing. The technical assistance provided had not been enough to overcome the distrust that existed between the population of the Chaco region and the Government. Finally, in view of the seriousness of the case, the Worker members recommended that the Government should take more aggressive action, in cooperation with the ILO, and including all those involved on the ground.

The Employer members recalled that the present case had already been examined twice by the Conference Committee. Based on the comments of the Committee of Experts, there were three aspects to the case. The first concerned the request made to the Government of Paraguay to take the necessary measures, within the framework of coordinated and systematic action, to respond to the economic exploitation and in particular the debt bondage to which certain indigenous workers were subjected, especially in the Chaco region. On that issue, the comments of the Committee of Experts referred to several measures that demonstrated the Government’s commitment to comply with its request, such as the creation of a Commission on Fundamental Rights at Work and the Prevention of Forced Labour, the establishment of a subcommission in the Chaco region, the establishment of an office of the Department of Labour in that area of the country, and the activities undertaken in collaboration with the ILO. They also referred to a series of activities, including some specific activities with indigenous communities, which were all aimed at developing a National Strategy for the Prevention of Forced Labour. The Employer members observed that it was necessary to know whether those measures had been effective. In that regard, one piece of information that might be encouraging was the Government’s statement that reports of inspections in 2015 in the Chaco region, although showing evidence of breaches of labour law, had not identified any cases of forced labour. As a result, they endorsed the recognition by the Committee of Experts of the participatory process that had led to the adoption of the National Strategy for the Prevention of Forced Labour and expressed the hope that it would be applied effectively in practice. Second, the Committee of Experts had requested the Government to build the capacities of the law enforcement bodies and to improve the legislative framework against forced labour to ensure that victims had effective access to justice. That point dealt with two issues: the first was the need for effective law enforcement, and the second implied legislative reform. With regard to the effective enforcement of penalties, the Committee of Experts had highlighted the fact that the labour inspectorate had been strengthened through the recruitment of 30 labour inspectors, who had received training in the matters at hand. It had also noted that new courts had been established in the Chaco region. The Employer members considered that both types of action demonstrated the political will of the Government to give effect to the original objective, which was to take coordinated and systematic action in response to economic exploitation, and particularly debt bondage, affecting certain indigenous workers, especially in the Chaco region. As such, while acknowledging the concern that information was lacking on the activities of the bodies set up to enable indigenous workers who were victims of labour exploitation to exercise their rights, they disagreed with the conclusion of the Committee of Experts concerning the operational problems faced by those bodies, as that conclusion was based solely on information received from trade union organizations, and should be corroborated by further information supplied by the Government on the operation of those bodies. With regard to the lack of information on the need to improve the legislative framework to combat forced labour, the Employer members questioned the need to amend the Paraguayan legislation. Where appropriate, it might be recommended to begin a tripartite consultation process with a view to making the necessary legal reforms. With regard to the third aspect concerning compulsory labour by persons in preventive detention, they endorsed the observation of the Committee of Experts that the law allowing persons subject to security measures in a prison to be made to work was not in conformity with the Convention. However, they understood, as indicated by the Government, that the law had been repealed by subsequent legislation for reasons of incompatibility, and that no specific repeal was needed. In that regard, they requested the Government to clarify the matter and guarantee that work under such conditions was prohibited in Paraguay.

The Worker member of Paraguay said that, while she acknowledged the efforts made by the Ministry of Labour to promote labour policies, they were still inadequate. It was necessary to strengthen the Ministry and increased personnel and resources were needed to adopt a firmer approach to the promotion of fundamental rights, particularly in the Paraguayan Chaco. The approval of a National Strategy for the Prevention of Forced Labour was a step in the right direction. The trade union confederations had participated in the formulation of the Strategy, as well as in meetings of the Commission on Fundamental Rights at Work and the Prevention of Forced Labour with a view to further developing the Strategy. Within the framework of the Strategy, policies and activities needed to be developed to combat forced labour. She emphasized that indigenous communities were particularly vulnerable and needed special protection from the State, especially because the nature of the Chaco region made it difficult for trade union organizations to gain access to them. She observed that members of indigenous communities submitted their complaints to the Paraguayan Indigenous Institute, without recourse to the offices of the Ministry of Labour. She reiterated the commitment of trade unions to continue working to defend labour and trade union rights, without discrimination. The best tool for dealing with forced labour was social dialogue with the social partners in the framework of the relevant tripartite bodies. Several tripartite meetings had been held on the issue, including with ILO participation, for the purpose of developing guidelines for cases of forced labour.

The Employer member of Paraguay, noting the comments of the Committee of Experts in relation to the case, recalled that the Federation of Production, Industry and Commerce of Paraguay (FEPRINCO) was participating in a tripartite round table discussion attended by the Commission on Fundamental Rights at Work and the Prevention of Forced Labour. He expressed the firm commitment of Paraguayan employers to the Convention and to tripartite dialogue and noted the creation of the Tripartite Advisory Council, established by Decree No. 5159 of 2016. He referred to the commitment of the Paraguayan Industrial Union, the Rural Association of Paraguay and the National Chamber of Commerce and Services of Paraguay (CNCSP) to the national campaign to formalize the economy and recalled that they were the main contributors to the compulsory social security system of the Social Insurance Institute. He reported that 19 FEPRINCO representatives had participated in workshops on the implementation of the National Strategy for the Prevention of Forced Labour. They were aware of the difficulties of access in the Chaco region. Employers’ organizations, along with the Government and indigenous communities, had participated in regional visits with a view to encouraging the adoption of measures to prevent the forced labour by indigenous peoples. Finally, he indicated that it was strange that the present case was being examined by the Committee, as the Government had adopted measures to combat forced labour. He urged the Committee to adopt a decision commensurate with the situation faced by the country in relation to this problem.

The Government member of Panama, speaking on behalf of the group of Latin American and Caribbean countries (GRULAC), noted the information provided by the Government and the comments of the Committee of Experts, which demonstrated the commitment of the Government and showed that it was working effectively to eliminate forced labour. He emphasized the importance of the adoption of the National Strategy for the Prevention of Forced Labour, which provided a framework for the development of national and local policies and plans, and which was an important step in combating forced labour. He also noted that in recent years the country had worked closely with the ILO. The Ministry of Labour had conducted regular visits and inspections in the Chaco region of Paraguay, and no cases of forced labour had been identified. He reaffirmed the commitment of GRULAC to the eradication of forced labour and expressed appreciation of the role of the labour inspectorate in this regard. He was confident that the Government would continue to move forward in the application of the Convention, and he urged the ILO to continue to collaborate with the country to meet these objectives.

The Worker member of Brazil expressed the solidarity of Brazilian trade unions with Paraguayan workers in their fight against forced labour and recalled that the Committee had already firmly urged the Government of Paraguay to adopt measures against the form of forced labour to which certain indigenous workers were subjected, primarily in the Chaco region. It was to be regretted that the Government continued to turn a blind eye to the exploitation of indigenous peoples, despite having ratified the Convention 59 years ago. The Government continued to commit human rights violations as if workers were objects and not people. Workers’ debts to their employers were still used to disguise forced labour. Workers became the hostages of employers, who provided them with food, clothing, sanitary facilities and accommodation. The workers could not pay off their debts at the end of each month, and they were even in many cases passed on to widows and children, who had to work to clear them. He therefore called on the ILO to take measures to ensure that the Paraguayan Government brought an end to these violations. He also emphasized that, if the Government continued to fail to comply with the Convention, other avenues could be explored, such as denunciation to the Inter-American Commission on Human Rights of the Organization of American States.

The Worker member of the Bolivarian Republic of Venezuela expressed the solidarity of Venezuelan trade unions with the Paraguayan federations in their fight to improve the living and working conditions of the working classes in the country. She urged the Government to strengthen tripartite dialogue with a view to bringing an end to the forced labour that afflicted indigenous workers, especially in the Chaco region.

The Government member of Mexico endorsed the statement by GRULAC. He noted that the situation described was isolated and only occurred in the Chaco region. He expressed satisfaction at the measures taken by the Government with a view to punishing those offences. He encouraged the Government to continue those measures and to pursue coordinated action with the ILO to ensure the application of the Convention.

The Worker member of Argentina noted that the explanations provided by the Government and the measures that it had taken were insufficient. The plans and strategies developed by the Commission on Fundamental Rights at Work and the Prevention of Forced Labour and the structures created lacked the necessary means to eradicate this form of “modern slavery”. The distance of the labour administration offices from the areas in which the reported abuses occurred also made it difficult for victims to have access to them, which was the reason for the limited number of complaints. He expressed support for the recommendations of the Committee of Experts regarding the need to repeal the Act on the prison system (Act No. 210 of 1970) and to ensure that prisoners in preventive detention were not obliged to work in prison. He regretted that “modern slavery” was not an isolated occurrence, but was increasingly linked to mafias and organized crime. The fact that forced labour and all forms of economic exploitation constituted human rights violations and undermined human dignity was recognized at the international level. He emphasized that Paraguay had not ratified the 2014 Protocol on Forced Labour and had not established stringent penalties for the perpetrators of such crimes, and did not punish them in any manner. The ILO should therefore plan an extended mission to remedy the situation.

An observer representing the International Trade Union Confederation (ITUC) expressed regret that the Committee once again had to examine the application of the Convention by Paraguay, and that the decisions taken in 2013 had not been sufficient to prevent thousands of workers from falling victim to forced labour. According to the calculations of the country’s trade unions and the ITUC, between 30,000 and 35,000 persons living in the three departments of the Chaco region, and also in other Eastern regions of Paraguay, which were largely indigenous, were victims of abusive practices of forced or compulsory labour, within the meaning of Article 2(1) of the Convention. Such human degradation and disgrace arose because of the inaction of the public authorities in Paraguay to combat effectively the use of forced labour for the benefit of private individuals. He recalled the report of the United Nations Special Rapporteur on the rights of indigenous peoples, of 13 August 2015, on the situation of indigenous peoples in Paraguay. The report confirmed that, although Paraguay had a constitutional framework in which the rights of indigenous peoples were recognized, this normative framework had not been translated into the legislative, administrative or other measures needed to ensure that indigenous peoples enjoyed human rights, including labour rights and the right not to be forced to work. As reflected in the report of the Committee of Experts on the case, and despite the indications of the Government representative to the Committee, the views of the ITUC and Paraguayan trade unions regarding the violations in question were accurate. Finally, he recalled the request by the Committee of Experts for criminal penalties to be imposed and strictly enforced on persons found guilty of the exaction of forced labour. He therefore called on the Government to provide information on prosecutions against persons who exacted forced labour, but noted the absence of judicial decisions issued in this regard.

The Worker member of Uruguay expressed support for the statement of the Worker members and of previous speakers who had said that the Government was far from complying with the Convention. He said that the Labour and Social Declaration of MERCOSUR, of which Paraguay was a member, should be taken into account when examining the case. The country’s economic model, based on agribusiness, encouraged these violations. He was of the view that the situation in the country had worsened since it had last been examined in 2013. Finally, he denounced the absence of social dialogue in Paraguay.

The Government representative said that the Government was committed to working with the social partners to move forward in the fight against forced labour. He took note of the statements made during the discussion, but rejected some comments as being out of context or outside the agenda. Through the implementation of the National Strategy for the Prevention of Forced Labour, better protection would be achieved for all workers throughout the country. It was also important to strengthen labour inspection and education to prevent crimes such as human trafficking. The Government intended to engage in social dialogue to seek solutions, for example within the framework of the Committee on Fundamental Rights at Work and the Prevention of Forced Labour, and various other dialogue forums on minimum wages, education and health. It had established the necessary consultations to make progress on these issues. Some trade union federations were not participating in social dialogue, and he invited them to do so. With regard to the issue of forced labour in the Chaco region, he reiterated that the territory in question was very vast, with an indigenous population of 40,000 persons. He recalled that the area lay not only in Paraguay, but also covered parts of Argentina, Brazil and the Plurinational State of Bolivia, which was why problems in the region were addressed in cooperation with these countries. He added that the Government was addressing the issue of indigenous peoples in an integrated manner, with the involvement of various institutions under the coordination of the Paraguayan Indigenous Institute. With regard to “criadazgo”, the Government had prepared and submitted a Bill in 2016 criminalizing both that practice and the worst forms of child labour. The Bill was currently before Parliament for consideration. The national legislation included definitions of, and penalties for, forced labour, debt bondage and servile marriage, including Act No. 4788/12 on trafficking in persons. The Public Prosecution Services had prosecuted those responsible for these practices, resulting in convictions. In conclusion, he said that the Government would follow up the comments of the supervisory bodies and avail itself of the ILO’s continued support.

The Employer members noted with interest the information supplied by the Government regarding the institutionalization of its action to respond in a coordinated and systematic manner to the situation of forced labour, particularly with respect to debt bondage in the Chaco region. However, they remained doubtful of the effectiveness of the measures taken and hoped that they would achieve results in practice. They considered it necessary for the Government, in its next report to the Committee of Experts, which was due in 2017, to provide information on: (1) the operation of the Commission on Fundamental Rights at Work and the Prevention of Forced Labour and the regional subcommission in Chaco; (2) the specific actions taken with indigenous communities to prevent situations of forced labour, in accordance with the National Strategy for the Prevention of Forced Labour; (3) training for labour inspectors; and (4) the entry into force of the Act on the prison system (Act No. 210 of 1970).

The Worker members regretted that, despite 20 years of recommendations by the ILO supervisory bodies and the assistance provided, Paraguay was still failing to comply fully with the provisions of the Convention. The violations ranged from the incapacity of the authorities to receive complaints concerning serious shortcomings in labour inspection, to the lack of criminal penalties and gaps in legislation. Together, these elements had given rise to a culture in which the exploitation of indigenous workers, men, women and children, was commonplace. No information had been received on the Tripartite Memorandum of Understanding, signed in 2014. They noted the technical assistance provided by the ILO and the National Strategy for the Prevention of Forced Labour. However, given the scale of the challenges and the Government’s continued inaction, they called for an ILO direct contacts mission to visit the country. They further urged the Government to: (1) allocate sufficient human and material resources to the offices of the Ministry of Labour in the Chaco region, so that they could receive complaints from workers and reports of forced labour, taking the appropriate steps to ensure that victims were able to have recourse to the competent judicial authorities in practice and were protected; (2) provide the Committee of Experts with information on the judicial proceedings instigated against persons exacting forced labour in the form of debt bondage, and ensure that national criminal law contained sufficiently specific provisions adapted to the national circumstances to enable the competent authorities to initiate criminal proceedings against the perpetrators of these practices and punish them; (3) as a priority, build the capacities of the labour inspectorate so that it could deal effectively with complaints, identify victims and restore their rights so as to prevent them becoming trapped in forced labour situations once again; (4) bring together the social partners, including the most representative organizations, to participate in the development of the National Strategy for the Prevention of Forced Labour, guaranteeing, in accordance with the Indigenous and Tribal Peoples Convention, 1989 (No. 169), that indigenous peoples were consulted on any legislative or administrative measures which might affect them, as social dialogue needed to be effective, and not merely a matter of form; and (5) with regard to the need to amend Act No. 210 of 1970 on the prison system to bring it into conformity with the Convention, take the necessary measures to ensure that the national legislation was in conformity with the provisions of the Convention.

Conclusions

The Committee took note of the oral statement made by the Government representative and the discussion that followed.

The Committee noted the absence of judicial decisions concerning forced labour in the form of debt bondage or otherwise.

Taking into account the discussion of the case, the Committee urged the Government to:

- allocate sufficient material and human resources to the Ministry of Labour offices in the Chaco region for receiving workers’ complaints and reports of forced labour, taking appropriate measures to ensure that in practice victims are in a position to turn to the competent judicial authorities;

- ensure that judicial proceedings are launched against persons exacting forced labour in the form of debt bondage;

- continue strengthening the capacity of labour inspectors, so as to enable them to deal effectively with the complaints received, to identify victims and restore their rights in order to prevent them from being trapped again in situations of forced labour;

- continue including social partners in the process of adoption of the National Strategy for the Prevention of Forced Labour;

- develop regional actions plans and priority actions to raise awareness on forced labour, to respond to the situation of vulnerability faced by indigenous workers, and to protect the victims identified;

- ensure that the national criminal law contains sufficiently specific provisions to enable the competent authorities to initiate criminal proceedings against the perpetrators of these practices.

Individual Case (CAS) - Discussion: 2013, Publication: 102nd ILC session (2013)

A Government representative expressed satisfaction at the fact that the measures adopted in the context of the application of the Convention, and the Indigenous and Tribal Peoples Convention, 1989 (No. 169), had been noted with interest, and that recognition had been given to the process of formulating a National Strategy for the Prevention of Forced Labour. Forced labour was a criminal offence under national law; even so, her Government considered that, to tackle this scourge, States should promote the empowerment of vulnerable groups, including indigenous peoples. Her Government recognized that the particular geographical features of the Paraguayan Chaco hampered government initiatives, since it accounted for 60 per cent of national territory while harbouring barely 2 per cent of the population, comprising, inter alia, more than a dozen indigenous peoples, large Mennonite communities, and small- and large-scale producers. The progress made since the last meeting of the Committee of Experts included: Comprehensive Act No. 4788 of 13 December 2012 against the trafficking of persons, which contained specific definitions relating to the trafficking of persons, forced labour, economic exploitation and debt bondage; the National Strategy for the Prevention of Forced Labour, which was being formulated with the active participation of trade unions, employers’ associations and the support of the ILO Special Action Programme to Combat Forced Labour (SAP-FL); registration of, and issuing of identity cards to, more than 6,000 indigenous persons through the Civil Registry programme; the holding of workshops to raise awareness and provide information on forced labour in various locations in the interior of the country, including Chaco; the training of 898 indigenous persons by the National Service for Vocational Promotion and of 325 indigenous persons by the National Labour Training System; and the training of more than 200 women in fishing and domestic work by the Directorate for the Social Promotion of Working Women. She also referred to the implementation of 78 labour inspection visits in the Chaco region, covering 62 enterprises and a total of 808 workers; on those occasions, the inspection staff had not detected any situations involving forced labour or debt bondage. With the support of the ILO, a process had been launched to strengthen and modernize the labour inspection services. Regarding the adoption of legislative measures, a law was being drawn up for establishing a Ministry of Labour, Employment and Social Security of Paraguay, which was currently being examined in the Chamber of Deputies of the National Congress; and an Organic Act concerning the prison system had received preliminary approval in the Chamber of Deputies and was now before the Senate.

The speaker observed that some of the issues raised by the Committee of Experts in its observation on Convention No. 29 had been dealt with by the Government in its reports sent in 2012, particularly relating to the Protection of Wages Convention, 1949 (No. 95), and Convention No. 169. She emphasized that the observations made on forced labour had been addressed by the national Government with the full participation of various public institutions, the social partners and non-governmental organizations. She addressed some aspects referred to in the report of the Committee of Experts, such as: the fact that the latter had noted the complaint from the Central Confederation of Workers–Authentic (CUT–A) and the International Trade Union Confederation (ITUC), even though the Government had only received a complaint from the CUT–A; the ordinary meetings held by the National Commission on Fundamental Rights at Work and the Prevention of Forced Labour, established through Decision No. 230 of 2009; the setting up of a technical committee for the modernization of the administrative processes of the labour inspectorate; the future creation of a special inspection unit for the detection of forced labour; information and awareness-raising activities relating to labour rights carried out by the Chaco Regional Labour Directorate; the signing of a general collaboration agreement between the Ministry of Justice and Labour (MJT) and the Rural Association of Paraguay (ARP), for the registration of citizens and the issuing of identity cards to them, as well as the regularization of workers. She stated that consideration was being given to establishing a directorate of indigenous labour at the Ministry, which would be responsible for coordinating the mediation system, inspection services and worker training, taking into account the necessary free and informed prior consultation of indigenous peoples, with regard to all present and future measures. She also reiterated the request to the trade union federations and non-governmental organizations to identify the specific establishments and locations where situations of forced labour had supposedly been detected, so that the relevant checks could be made.

The Employer members stated that many of the points raised in the Committee of Experts’ report were long-standing issues that had even been taken up by this Committee in previous years. The case referred to a number of matters, largely concerning the situation in the Paraguayan Chaco. Although the Government’s latest report contained a whole range of details, notably on the National Programme for Indigenous Peoples (PRONAPI) and the inspection visits during which, as the Government representative confirmed, no instances of forced labour had been found, the fact remained that fines had been imposed and that the country’s labour legislation had been infringed. A report by an external source that was noted by the ILO had found clear evidence of forced labour in Paraguay. Furthermore, although the Government’s latest report contained fairly detailed information, there were still points on which the Committee of Experts’ comment sought additional explanations. Regarding sanctions, the Employers felt that further adjustments needed to be made to the administrative and penal procedures and to the bill on the prison system currently before Congress. They noted, however, that the Government was making a genuine effort to comply with the Committee of Experts’ requests and to bring its legislation into line with the spirit and substance of the Convention. That said, there were still a number of observations that needed clarification, for which the answer might well be the offered ILO technical assistance in implementing the programmes currently being carried out.

The Worker members indicated that, since 1997, the Committee of Experts had regularly made comments concerning debt bondage among the indigenous communities of the Chaco. During its examination of the case in 2008, this Committee had highlighted the unmanageable situation of landless peasants and their particular vulnerability to begging and prostitution when they were obliged to leave their lands and move to cities as a result of the intensive cultivation of soya. The Committee had also highlighted the situation of children carrying out hazardous work, such as in brickworks, quicklime factories, quarries and certain sectors of the informal economy, and violence carried out against the National Peasants’ Organization (ONAC). The Committee had expressed the firm hope that constructive measures would be taken urgently, and the Government had requested technical assistance from the Office. The election of a new President, who had announced agrarian, education and health reforms and the development of production to put an end to poverty and forced migration, had served to kindle the hope that legislation would be brought into line with ILO standards. A policy of transparent foreign investments had also been announced. However, the situation had not progressed favourably: violations had been identified that could fall under the Convention, Convention No. 169 or even the Worst Forms of Child Labour Convention, 1999 (No. 182), along with other Conventions, given that discrimination was also involved. Emphasizing the specific nature of migration in Paraguay, the Worker members referred to the report of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (April 2012), which cited numerous violations, and that of the Committee Against Torture (November 2011), which continued to express its concern at the fact that indigenous peoples living in Paraguay were still being exploited for work. Moreover, the United Nations Permanent Forum on Indigenous Issues had concluded, at the end of a mission to Paraguay in 2009, that a system of forced labour existed in the Chaco region and had made recommendations concerning, in particular, debt bondage and the issue of restoring land rights, which was at the root of the impoverishment and indebtedness of indigenous communities. Members of indigenous communities had lost their land to large agricultural enterprises and the ecosystem that characterized their ancestral lands had almost disappeared.

The Worker members pointed out, however, that the Constitution of Paraguay recognized the rights of indigenous peoples to have their own political, social, economic, cultural and religious systems and that indigenous languages were protected. In addition, a national policy on indigenous peoples had been adopted and the Chaco Indigenous Peoples Institute had been created. The speaker described the labour system that members of indigenous communities were subjected to in practice: transport to workplaces far from their home communities, no documents setting out working conditions, threats of reprisals if complaints were made, no wages in certain cases, etc. With regard to the comment made by the Committee of Experts, the Worker members recalled the comments of the CUT–A and the National Confederation of Workers (CNT) concerning forced labour in agricultural ranches and factories in the Chaco and the lack of measures by the Government to end the practice, and emphasized that imposing effective penalties was an essential element in the fight against forced labour. With regard to prison work, the Worker members underlined the fact that the Government had undertaken to amend the Act on the prison system (Act No. 210 of 1970), under the terms of which work in prison was compulsory for persons subjected to security measures in a prison establishment, within the framework of the adoption of a Prison Code, then through the adoption of a new Code of Penal Procedure. However, the Government had provided no information on the state of the reform process. Simple technical assistance would not suffice to overcome the mistrust that had built up between the peoples of the Chaco and the Government; action would need to be taken involving all those on the ground. Severe measures should be contemplated.

A Worker member of Paraguay stated that the Paraguayan authorities were perfectly aware that the Conventions on forced labour and on indigenous peoples were being violated. He explained that 95 per cent of the land in Paraguay belonged to big haciendas and that the extension of the development model based on cattle-raising in recent years had been at the expense of the indigenous peoples. The Government had provided little or no information on the debt bondage of indigenous communities. He drew attention to the Government’s lack of political will to take any effective steps to eliminate forced labour. The most serious problems were the expulsion of the indigenous peoples from the Chaco and the debts incurred by workers to feed themselves, as it was the employers who fixed the prices for food. He stressed the particularly grave situation of women in domestic employment and the general state of extreme poverty and destitution in the country, especially among ethnic groups in the Chaco, and urged that an agreement be reached to eliminate forced labour.

The Employer member of Paraguay highlighted that the Employer delegation agreed with the statement made by the Government representative and stressed his group’s commitment in helping to eradicate the problem of forced labour once and for all. The problem affected the Paraguayan Chaco, a large and sparsely populated area that was difficult to access, where inspections and monitoring were scarce owing to lack of budgetary and human resources. The employers in the country were supporting the Bill to create a Ministry of Labour, Employment and Social Security with the aim of tackling such problems and it had participated in tripartite work on the basis of Act No. 4788 (Comprehensive Act against Trafficking in Persons) of December 2012. The 78 inspections carried out had identified no cases of forced labour and the role of ILO technical capacity building in working towards complete eradication of the practice was important. He referred to the progress that it had been possible to make in applying public policies thanks to the creation of a regional labour office in the Chaco locality of Irala Fernández, although even more offices should be established. He highlighted the awareness-raising work on labour laws and social security issues carried out by the Federation of Production, Industry and Commerce and drew attention to programmes to fight child labour in sugar cane plantations and construction material plants undertaken by the Paraguayan Industrial Union (UIP) – a member of the Federation – along with its participation in a forum for equal opportunities for women in the workplace, supported by the Ministry of Justice and Labour. He underlined the social responsibility programmes run by many enterprises and the judicial safety that prevailed in the country, and urged the members of the Committee of Experts to examine the reality in the country for themselves. He reiterated the will of the employers in the country to work with the trade unions and national authorities to achieve full respect for fundamental rights.

The Government member of Colombia, speaking on behalf of the Government members of the Committee which were members of the Group of Latin American and Caribbean Countries (GRULAC), highlighted that the Committee of Experts had taken note of the adoption by the Government of various measures designed to prevent forced labour, notably the creation in 2009 of a Commission on Fundamental Rights at Work and the Prevention of Forced Labour which had drawn up an action plan comprising awareness-raising measures, training for labour inspectors and the establishment of an office of the Department of Labour in central Chaco. She reiterated the commitment of the GRULAC countries to eradicating forced labour throughout the region and they encouraged the Government to keep up its efforts in that regard. They hoped that the ILO would continue its collaboration with a view to giving effect to the Convention.

The Worker member of Brazil recalled that the problem of forced labour in Paraguay was not a recent one. The Committee of Experts had been commenting on debt bondage in the Chaco region since 1998. The majority of indigenous peoples working in the Chaco region had only temporary jobs, were hired by intermediaries, and transported to the workplace far from their communities. Their work contracts were conducted orally, so that in the event of a breach of contract, the indigenous workers had no proper recourse and could not defend their rights. Among the most serious cases were situations on cattle farms where workers had worked a lifetime without remuneration except food. Such farms also employed women as domestic workers, whose remuneration did not cover the cost of transportation from their communities. Child labour was also present on these farms. The lack of land was at the centre of the vulnerability of these indigenous peoples, as 82 per cent of the country’s land was owned by 2 per cent of landowners. The Government had adopted awareness-raising measures, but it was necessary to take measures to combat the forced labour and provide protection to the victims.

The Worker member of the Bolivarian Republic of Venezuela highlighted that her country watched what was happening to the indigenous peoples of the Paraguayan Chaco with great concern, as getting a person into debt so that they could then be coerced into working against their will, was not only a violation of the Convention but also of the most basic human rights. The case under discussion was that much more serious because it involved indigenous peoples of the American continent, and it represented a great step backwards in the social justice enshrined in the preamble to the ILO Constitution. What difference was there between slavery in the colonial era and the inhumane practices suffered by workers in the Chaco and their families, who in many cases worked for no more than bed and board? Concentrating land into large ranches increased the vulnerability of the area’s indigenous groups and corruption prevented the public authorities from discharging their duties appropriately, as well as preventing the restitution of ancestral lands, which encouraged violations of the Convention. Politicians had tended to favour landowners and ranchers, a situation that had been aggravated by the coup d’état and affected indigenous people, peasant farmers, workers, and poor and vulnerable families in particular. She urged this Committee to take the appropriate steps to restore the rights of the indigenous peoples of the Chaco who were subjected to inhuman working conditions.

The Worker member of the United States underlined that the interviews conducted by the International Trade Union Confederation (ITUC) in Paraguay in 2012, pointed to the involvement of large landowners in cases of forced labour, particularly the Mennonite community. This had been verified by reports from the United Nations Permanent Forum on Indigenous Issues. The Mennonite community was one of the major agribusiness entrepreneurs, and had purchased a large amount of land in central Chaco. This had forced the indigenous populations to live in increasingly restricted areas, leaving only the option to work as labourers on ranches owned by Mennonites. These workers were subjected to conditions of forced labour, including women and children. The Government had indicated to the ILO that situations of forced labour had not been identified in the inspections carried out in ranches or major agricultural undertakings. However, the Government had never provided statistics on the number of cases where infringements of the Labour Code had been detected, the number of fines that had been imposed on employers or the compensation that had been granted to workers. State institutions were not present in several of the areas of central Chaco, including both labour inspection and health services. Despite several recommendations that the Government adopt a regional plan of action to combat forced labour, no action had been taken in this regard. Such a plan had to include the involvement of the Mennonite community. International support was also required for Paraguayan civil society and the Government.

Another Worker member of Paraguay indicated that the workers’ situation in Paraguay had been the constant subject of the Committee of Experts’ observations, and this was one of the worst forms of labour and exploitation. The Central Confederation of Workers (CUT) fully supported workers who were subjected to forced labour and urged the Government to take drastic and effective measures to ensure that the services of the Ministry of Justice and Labour reached the most isolated areas of the country, where both nationals and foreigners were liable to fall victim to forced labour. He requested the business sector’s support in drawing up a tripartite roadmap to prevent and eradicate forced labour in Paraguay, and emphasized the importance of the cooperation of the social partners and the ILO. Forced labour affected not only the indigenous peoples of the Chaco but also the populations of Caaguazú, Alto Paraná and Canindeyú.

The Government representative stated that establishing a Ministry of Labour and Social Security was one of its top 100 priorities. The Ministry should transcend the temporary nature of a government, particularly as the Committee of Experts and the trade union federations had both recommended that it be established. A department of indigenous labour and a special team of inspectors to identify forced labour should also be set up within the Ministry of Justice and Labour, with free, prior and informed consultation of indigenous peoples. Several developments had taken place in the fight against forced labour, in collaboration with the local ILO Office in Paraguay: (i) a study of the existing legislation on forced labour, linking it to the legislation on child labour; (ii) regional workshops to gather information, in preparation for the national strategy on the prevention of forced labour, focusing on prior consultation with indigenous peoples, so that they could set out the most appropriate and coherent roadmap with which to tackle that issue and consultations would be carried out in central Chaco, in the Department of Itapúa, in the locality of Juan Caballero and in the capital. Specific workshops would also be organized with representatives from indigenous organizations, entrepreneurs, trade unions and civil society; and (iii) meetings with the Director of the ILO International Labour Standards Department and the Office specialists on forced labour and indigenous and tribal peoples. The speaker highlighted some of her Government’s achievements, such as the adoption by the Executive of the National Human Rights Plan, with the involvement of civil society and the cooperation of the United Nations High Commissioner for Human Rights. Several training and professional education courses had been organized to enable participation, especially young people of working age and members of the native communities of the Chaco and the eastern region to acquire abilities and skills that would give them access to decent work. Furthermore, restructuring had taken place within the Committee responsible for giving effect to the judgments of the Inter-American Court of Human Rights and the recommendations of the Executive Inter-Institutional Commission for Compliance with International Judgements (CICSI). It would be in charge of adapting domestic legislation in an effort to find an effective solution to the devolution of ancestral lands to indigenous communities. Existing domestic legislation did not provide for any procedural remedies that enabled those lands to be devolved. In addition to those plans, the Government had a long history of defending workers’ rights and preventing forced labour, such as Act No. 4788 (Comprehensive Act against Trafficking in Persons) of 2012 against trafficking in persons, and the ratification of the Domestic Workers Convention, 2011 (No. 189). Reaffirming her Government’s commitment to fighting forced labour, in close collaboration with the social partners and the ILO, she urged the ILO to set up a permanent office in Paraguay, with the aim of making solid progress in the struggle to improve working conditions.

The Employer members took note of the Government’s goodwill to overcome the present difficulties, in particular the recent adoption of measures to prevent trafficking in persons, the continuation of the tripartite programme to prevent forced labour, awareness-raising workshops for civil servants and indigenous people and training for workers in the fishing and domestic service sectors. They also took note of the strengthening of labour inspection in the Chaco region, especially in the locality of Teniente Irala Fernández, and of the legislation that would shortly be adopted to create a Ministry of Labour and Social Security, which would have a special division for indigenous peoples. The Employer members also took note of the Paraguayan workers’ request that further measures be taken to prevent forced labour and that support be given to indigenous communities, particularly in the sugar industry, domestic work and cattle rearing. The Government should implement a regional action plan to strengthen institutions and should work with the social partners to provide opportunities to indigenous peoples with a view to preventing forced labour and child labour. The Employer members considered that the recently elected Government should continue receiving ILO technical assistance in order to bring national legislation and practice fully into line with the Convention and expressed the hope that, in its next report, the Government would be able to comment on its progress. They also asked the Office to include information on Paraguay in its general report on technical cooperation worldwide.

The Worker members underlined that, for them, there were two major issues: the question of debt bondage and more general problems relating to the rights of the indigenous peoples of Chaco; and the question of prison labour and the conformity of Act No. 210 with the Convention. With regard to those two issues, they deplored the repeated failure to comply with the provisions of the Convention and the continuing inertia of the Government. The Worker members asked for technical assistance to be strengthened and expanded to encompass all interested parties, including the indigenous peoples, who formed an alliance with the trade unions. The technical assistance might usefully focus on the following four components: drawing up a tripartite regional action plan to reinforce actions that had already been taken, but were still insufficient in terms of the prevention and elimination of forced labour and the protection of victims of forced labour and debt bondage; increasing labour inspection resources, especially in relation to work on ranches; allocating sufficient material and human resources to the competent authorities for receiving workers’ complaints and reports of forced labour; and ensuring, in connection with the application of Convention No. 169, consultations with indigenous peoples on administrative and legislative measures affecting them, particularly with respect to territorial and social security issues. The Worker members expressed their agreement with the Employer members to request the Government to prepare a report on the application of the Convention and send it as soon as possible.

Conclusions

The Committee took note of the statement by the Government representative and the discussion that followed. The Committee recalled that it had discussed this case in 2008 and in particular the situation of the Paraguayan Chaco indigenous workers who were trapped in debt bondage. The Committee noted that the outstanding issues concerned the need to take measures to strengthen the action of the different entities involved in the fight against debt bondage in the Chaco region.

The Committee noted the comprehensive information provided by the Government representative outlining the various measures taken to combat debt bondage in the Chaco region, in particular the formulation of a national strategy for the prevention of forced labour as well as the carrying out of awareness raising and training activities. Concerning the situation of vulnerability faced by indigenous workers, the Committee noted the information provided by the Government representative in relation to the measures taken to combat poverty, including training and professional education courses and the civil registration programme. Finally, the Committee noted that the Government would make an effort to find an effective solution to the devolution of ancestral land to indigenous communities.

The Committee also noted the deep concern expressed by several speakers regarding the persistence of the economic exploitation faced by indigenous workers in certain sectors, particularly the agricultural sector. The Committee therefore expressed the firm hope that the Government would take immediate and effective measures in the framework of a coordinated and systematic action to protect indigenous communities in the Chaco from the imposition of forced labour. The Committee stressed the importance of adopting a tripartite regional action plan, which would define priorities and specific goals, with regard to the prevention and protection of victims, and would identify the entities responsible for the implementation of such measures.

    While it considered that the measures adopted to combat poverty were important, the Committee hoped that the Government would take into account the fact that the programmes implemented needed to have the objective of ensuring the economic independence of those who were victims of debt bondage and to include support and reintegration measures for victims. The Committee requested the Government to take measures to improve the economic situation of the most vulnerable categories of the population so that they could escape from the vicious circle of dependence.

With regard to the issue of the prosecution of those who exact forced labour, the Committee expressed its serious concern at the lack of information on cases brought to justice. The Committee urged the Government to take appropriate measures to ensure that in practice victims were in a position to turn to the competent judicial authorities. In this regard, the Committee recalled the importance of having sufficiently specific provisions in national legislation to allow competent authorities to prosecute and punish the perpetrators of such practices. Furthermore, the Committee urged the Government to take measures to strengthen the capacity of the relevant public authorities, in particular the labour inspection, so as to enable them to deal effectively with the complaints received, to identify victims and restore their rights in order to prevent them from being trapped again in situations of forced labour. In this regard, the Committee underlined the importance, given the geographical particularities of the Chaco region, to ensure that the labour inspectorate had adequate resources to access workers in remote areas.

Regarding the need to bring the Act on the prison system (Act No. 210 of 1970) into conformity with the Convention, by ensuring that prisoners awaiting judgment and persons detained without being convicted were not subject to the obligation to perform prison work, the Committee expressed the firm hope that the Government would take the necessary measures in order to ensure that, in the framework of the adoption of the new Penal Code of Procedure, national legislation would be brought into conformity with the Convention.

Noting that the Government had reaffirmed its commitment to put an end to bonded labour in the indigenous communities of the Paraguayan Chaco as well as in other parts of the country that may be affected, the Committee hoped that the Committee of Experts would be able to note tangible progress in its next examination of the case in 2013. It also requested the Office to provide strengthened and expanded technical assistance to encompass all interested parties, including the indigenous peoples.

Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

A Government representative said that his Government accorded particular importance to the Conventions of the ILO, and therefore took the matter very seriously and was addressing it through tripartite dialogue, with interesting joint efforts being made. In that regard, he said that, with the technical cooperation of the ILO and of the Declaration Programme, in September 2007 a tripartite seminar on fundamental rights at work and forced labour had been held, at which it had been decided to establish a commission to address the issue, to be known as the Commission on Fundamental Rights at Work and the Prevention of Forced Labour, and to ask every institution and trade union to designate representatives to serve on the Commission by formal letter. It had also been agreed that a suitable number of representatives would be six titular members and their substitutes for each sector (employers, workers, State), while still allowing for the possibility of asking experts to work alongside the Commission and that, once the respective nominations had been received, the formal establishment of the Commission by decree of the executive authorities would be requested to give it legal force with a view to eradicating forced labour. Last, it was agreed that, once established, the Commission would be given 60 days from the date of its creation to draw up a plan of action on the issue. Information would be provided in that regard in September 2008.

In October 2007, letters had been sent to all public institutions and to the main employers' and workers' federations, requesting them to nominate their respective representatives to the Commission, and nominations had been received from various public institutions and organizations. However, some of them had not yet nominated their representatives. It was the Government's intention that this Commission, with its tripartite structure, should be established as soon as possible so that progress could be made on the seminar's other conclusions, and to that end it had undertaken to send letters reiterating its requests regarding the creation of the Commission.

He recalled that his country had ratified Convention No. 29 on 28 August 1967 and had been bringing its national law and practice into line with the Convention, as could be seen from the reports of the Committee of Experts. He also reported that, in April 2008, a training day had been held with representatives of the Office of the Public Prosecutor (judges for children and adolescents, labour and criminal matters) and among its conclusions had emerged the proposal that other training activities and seminars should be held, and that progress should be made on joint and coordinated activities between the Ministry of Justice and Labour and the Office of the Public Prosecutor, in which respect he requested ILO cooperation.

He added that he had recently travelled to the Chaco region to verify the situation of the regional office there. On that occasion, he had contacted the highest municipal authorities, with whom he had agreed to nominate local people to head and staff the labour department in the area, so as to avoid uprooting people from elsewhere. The Government had promised to nominate persons covered by the budget of the Ministry of Justice and Labour and to collaborate in their training. To that end, he requested technical assistance from the ILO to ensure proper training for those who would fill posts in the regional office. He referred to the characteristics of the indigenous population and the repercussions of forced labour on that population category.

Last, he emphasized that his country was making efforts to address the situation that it faced today. He recognized that a problem of application of the Convention existed and said that the Government wished to promote tripartite initiatives in order to resolve the issues that had arisen, and in that regard he hoped for collaboration from employers and workers, as well as with international technical cooperation.

The Employer members thanked the Government representative for his presentation. In overall terms, they considered that the case was being treated too lightly by both the Government and the Committee of Experts. The situation involved debt bondage and was based on poverty. As the Government representative had indicated, the problem was wider than just affecting the indigenous peoples. When recalling the discussion on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), it might appear that the problem affected a small percentage of the population. But it should be recalled that the informal economy accounted for around 60 per cent of the total economy. The problems identified by the Committee of Experts, including the payment of wages below the legal minimum, the charging of excessive prices for food products, the total or partial payment of wages in kind, were not just problems affecting indigenous communities in the Chaco, but were more widespread. The Government representative had referred to the meeting involving the United Nations and the ILO's Special Action Programme to combat forced labour and to training measures and tripartite consultation. However, the Employer members emphasized the need for greater urgency. The Government representative had mentioned ILO technical cooperation. Once again, much more was needed. An urgent ILO mission should be carried out to identify an overall strategy. They welcomed the Government's commitment to encourage tripartite involvement in the action to be taken. However, there was a political problem in this respect as a new government would be taking office in August. Rapid measures needed to be taken to ensure that the problems under examination were given priority by the new Government. Rather than tactics, what was required was a fully-fledged strategy with the full support of the new Government and the social partners.

The Worker members indicated that the Committee was examining the case of Paraguay in relation to Convention No. 29, but it could also have examined the application of Conventions Nos 87, 111, 169 or 182.

forced to leave their lands, which were requisitioned by large landowners or multinational enterprises, for example for intensive soy bean production. Small farmers therefore faced unemployment and lived in poverty or were confronted by problems such as crime, violence and lack of schooling. On the other hand, they were maintained in situations of servitude and debt bondage, which were common among the indigenous communities of large farms in the Chaco region.

Since 1997, the Committee of Experts had been commenting on these situations of debt bondage in the country, which were amply documented in an ILO report in 2005, undertaken in the context of technical cooperation, and the reports of the NGO Anti-Slavery International in 2006.

Bonded labour took different forms in Paraguay. Workers received wages lower than the legal minimum, that is a symbolic wage. Sometimes they did not receive any wages. Women received even less than men. Moreover, wages were often paid three or four months after the work. The workers therefore found themselves under the obligation to make purchases at the shops in the plantations for which they worked, where the prices were excessively high. Wages were also often paid in kind or in the form of other basic goods, such as soap or candles. These products were very expensive and of low quality. The combination of very low wages, excessive prices and the payment of wages in kind resulted in the workers becoming indebted, forcing them to stay and work in plantations, just like their families, whose children received no education. The long working hours, infrequent holidays, restrictions on leaving the plantation and high illiteracy rates greatly reduced the alternatives available to them.

According to the ILO's 2005 report, the number of persons in situations of bonded labour was estimated at 8,000. The Government was responsible for these situations. The Labour Code provided that agreements were void if they set wages lower than the legal minimum rate and resulted in the direct or indirect obligation to purchase consumer goods in stores or places designated by the employer. The Labour Code also provided that up to 30 per cent of wages could be paid in kind and that the prices of the articles sold had to correspond to those in the village closest to the establishment.

In March 2005, the Ministry of Justice and Labour had organized three separate seminars with employers, unions and the labour inspection services. Following these seminars, the Government had undertaken to publish the ILO's report in Guarani and to establish a labour inspection office in the Chaco region. However, the translation and publication of the report had not yet been carried out, and two labour inspectors had resigned six months after their appointment in view of the lack of support from the capital.

In September 2007, following a tripartite seminar, it had been decided to create a tripartite committee on fundamental principles of work and on the prevention of forced labour. Once established, the committee was to have had 60 days to develop an action plan. The committee had never been created, nor had the inter-agency and multi-sectoral committee responsible for following up the matter. More recently, the situation had deteriorated. On 24 May, Eloy Villalba, a leader of the farmers' trade union movement, had been killed at his house, in front of his children, for having dared to promote agrarian reform and denounce the corruption of certain politicians. These incidents of violence against trade unionists were illustrative of the situation in Paraguay.

A Worker member of Paraguay thanked the Committee for examining the case, which was of great importance for the entire trade union movement in his country. The scourge of forced labour needed to be eradicated not only in his country, but throughout the world. In Paraguay, many indigenous communities lived in the countryside without owning land and were forced to survive on small tracts of arid land, near highways and roads. Many of the members of such communities lacked the essentials for survival. When they worked on neighbouring farms they were exploited, and were frequently not paid wages and subjected to inhumane treatment. Those who migrated to the cities were forced to resort to begging and prostitution. He reiterated that forced labour existed in his country, and its main victims were indigenous persons and children living in various areas of the country, working in the manufacture of bricks, tiles and other products. There were flagrant violations, not only of Convention No. 29, but also in particular of Conventions Nos 138 and 182, as well as the Labour Code. He expressed the hope that progress could be made with the technical cooperation of the ILO and the combined actions of the government authorities, parliament and a justice system that needed to regain its credibility through the due application of the law, without giving priority to the interests of the powerful.

It was fundamental to reinforce ILO technical assistance. He proposed that a stable tripartite commission be established, composed of representatives of the Government, employers and workers, to submit viable work programmes including information and awareness-raising campaigns on the ILO's fundamental Conventions.

Another Worker member of Paraguay, referring to the application of Convention No. 29 in Paraguay, said that the abuse to which aboriginal and indigenous communities, rural workers, transport workers, traders and others were subjected were violations of fundamental ILO Conventions Nos 182, 138, 87 and 98, as the children of indigenous and rural workers were forced to work from an early age, for example in lime quarries and brickworks in the Chaco region, and were not allowed to organize, in violation of Convention No. 98. Nor were there any collective agreements. They lived under extremely abusive conditions, as described in the song "Vale moroti", which meant "worthless credit", as the workers never received wages and were permanently in debt for their food. The writer Roa Bastos described what had been happening since the last century, referring to the life of the workers called "mensu", who were deceived into being hired to work on ranches of the Alto Paraná, never to return; anyone who succeeded in escaping alive was extremely fortunate.

Indigenous people were being forced to abandon their natural habitat and rural workers their settlements, threatened by pseudo-investors who were invading the land to grow soy beans, which produced great profit that did not remain in the country for development. They used toxic agro-chemicals in an indiscriminate manner, harming the environment. Even worse, however, they jeopardized the lives of fellow rural and indigenous workers. Several had already died and others were suffering from serious irreversible health problems. These toxic agro-chemicals were being distributed by the multinational Monsanto in an uncontrolled manner. He indicated that the Sexta Mon enterprise had purchased thousands of hectares of land in the Chaco community of Puerto Casado, including its inhabitants, who continued to be subjected to all manner of abuse with the complicity of the authorities that were currently in office. Indigenous and rural families who left their lands arrived lost and ill-treated in large cities and ended up in alcoholism, drug addiction and prostitution, abandoned by the State.

In a country such as Paraguay, with a surface area of 406,752 square kilometres, it was difficult to understand or explain why over 300,000 indigenous and rural families had no access to a small piece of land on which they could live and work in peace with their families. There were currently over 2,000 women and men who were being prosecuted for their involvement in efforts to demand a comprehensive agrarian reform, and over 100 had died in the present transition period, which had already lasted 19 years since the fall of the bloody dictatorship of General Alfredo Stroessner. On 24 May last, Eloy Villalba, of the National Rural Workers' Organization (ONAC), an affiliate of the CNT, who supported the struggle of the rural workers and indigenous persons in their settlements, had been assassinated in his own home and in the presence of his family.

In the elections of 20 April, the Paraguayan people had expressed their rejection of corruption, impunity and human rights violations, when electing Mr Fernando Lugo as President, who would take office on 15 August. On 1 May, Mr Lugo, after having listened to the workers demands, had indicated that during his Government he would give priority to comprehensive agrarian reform, education, health and the reactivation of production, so as to bring an end to exclusion, extreme poverty and forced migration. Mr Lugo had also said that the country was rich in natural resources and would be open to the international community for healthy and transparent investments so as to build a new Paraguay for everyone.

On behalf of the Coordination of Trade Unions of Paraguay, the member organizations of the Workers' Council of the Southern Cone region and the Coordination of Trade Unions of the Southern Cone region, together with the Trade Union Confederation for the Americas (CTUCA) and ITUC, he reaffirmed his country's commitment to the struggle to build a better world of peace and social justice. In conclusion, he requested the ILO to provide effective cooperation, support and technical advice in this new phase of his country's history beginning on 15 August.

The Worker member of Brazil, on behalf of MERCOSUR workers, said that over the last 18 years the Committee of Experts had made 12 comments on forced labour in Paraguay, particularly with reference to the indigenous population of the Chaco region. Regrettably, no progress had been made. On the contrary, forced labour had been spreading throughout the country and affected other sectors of the economy. The most common form of forced labour in Paraguay was debt bondage.

He indicated that the ILO was already providing technical assistance to the country, but that it was necessary to raise awareness of these problems among the population, and in particular among employers. As an example he referred to the statement broadcast by the director of the Rural Association of Paraguay, in which he had stated that, if money was given to indigenous peoples, the first thing they did was to get drunk, and that any woman of easy virtue could easily deprive them of their last cent, which was why they were normally paid in food and clothing. He called this comment racist, macho and prehistoric. He therefore emphasized that, in order to be able to combat forced labour, it was crucial to recognize its existence and to secure the commitment of the Government and civil society, and particularly of employers. He considered the maintenance and renewal of ILO technical assistance to be essential.

He indicated that the President-elect appeared to be more committed to combating forced labour and that in this context it was important to follow up the recommendations of the Committee of Experts through social dialogue and agreements with the social partners. If given the opportunity, civil society could support this struggle against forced labour. The results of these activities, however, depended on the State, which was responsible for investigating, prosecuting and punishing the perpetrators of forced labour. To this end it was imperative to allocate resources to combat forced labour, providing the relevant departments with human, material and technical resources. In conclusion, he emphasized the need for social policies which focused on literacy campaigns and employment creation, since the root cause of slave labour was the immense poverty of a large portion of the Paraguayan population.

The Government representative of Paraguay said that he had taken note of all the interventions - some of them very critical - and that they would be taken into account in continuing work to eradicate forced labour. As he understood it, there was a consensus to continue working together with the social partners to help the new Government confront these problems. Last, he said he would transmit the observations and concerns expressed during the discussion to the authorities and expressed the hope that his country would continue to receive assistance from the ILO.

The Employer members thanked the Government representative, although they observed that his intervention made the problem seem very distant. Even the observation by the Committee of Experts appeared to take too narrow a view of the problem. In the view of the Employer members, the intervention by the Worker member of Paraguay gave an indication of the true extent of the problem, which affected the economy as a whole. The Employer members agreed that it was essential for the Government to submit a report to the Committee of Experts containing replies to the questions raised in its observations relating to the exaction of forced labour and section 39 of Act No. 210 of 1970 providing for compulsory work by detainees. They noted that the Government was willing to accept technical assistance from the ILO. However, in view of the question of timing with the arrival in office of the new Government, they believed that the Committee's conclusions should allow the Office sufficient discretion so that it could initiate technical assistance when it would be most effective and efficient.

The Worker members recalled the Government's share of responsibility for the persistence of situations of debt bondage. However, the ongoing important political transition in the country needed to be taken into account. Indeed, a democratic and progressive Government had been elected and the new President, Mr Fernando Lugo, would take office on 15 August 2008. Henceforth, the new Government would need to come to terms with the past and undertake to: adopt public policies with a view to eliminating existing illegalities; establishing supervisory mechanisms for the application of national legislation; establish an effective and useful partnership between the social partners; implement agrarian reform; create a Ministry of Labour and Social Security - rather than a Ministry of Justice and Labour - and, finally, accept ILO technical assistance.

Conclusions

The Committee took note of the information provided orally by the Government representative and of the discussion that followed.

The Committee took note that in its comments the Committee of Experts referred to the existence of bonded labour practices in the indigenous communities of the Chaco and in other parts of the country which constituted a serious violation of the Convention.

With regard to the setting up of the Inspection Unit and the creation of the National Tripartite Committee on Fundamental Principles and Prevention of Forced Labour, the Committee observed that these were not functioning and no progress had been made by the action of these bodies.

The Committee took note of the Government's representative's statement that joint action between workers, employers and the Government was indispensable in finding a solution to the problem and that a new Government would be installed next August. The Committee also took note that, regarding the National Tripartite Committee on Fundamental Principles and Prevention of Forced Labour, the latter would be established shortly. Regarding the functioning of the regional office, the Committee took note that the Government had requested ILO cooperation for training of those persons who would be in charge of the office under the Ministry of Justice and Labour. The Committee welcomed the decision by the Government to include, among its priorities, the issue of forced labour in indigenous communities.

The Committee took note with concern of the conditions of forced labour to which the abovementioned communities were subjected and also of the non-compliance with the provisions of national legislation, with regard to the level of wages and the methods of payment which would help prevent forced labour. The Committee also noted the large informal economy where conditions conducive to bonded labour also existed.

The Committee also noted the consequences for the situation of these workers that their condition as landless peasants implied as well as the vulnerable situation that they were placed in by having to move to cities where they were obliged to beg and sometimes to enter into prostitution. Such displacements were the result of the intensive cultivation of soya in the settlements of indigenous communities.

The Committee took note with concern that this situation also affected children, who were forced into dangerous work such as in brickworks, in quicklime factories and quarries and certain sectors of the informal economy. The Committee also took note of the violence carried out against the National Peasants' Organization (ONAC).

The Committee expected that action would be given urgent priority in order to put an end to bonded labour in the indigenous communities of the Paraguayan Chaco as well as in other parts of the country that may be affected, thereby ensuring compliance with the Convention. The Committee took note that the Government had requested ILO technical assistance.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1, paragraph 1, and 2, paragraph 1, and 25 of the Convention. Trafficking in persons. The Committee notes that in its report the Government refers to section 129 of the Penal Code which provides for a penalty of deprivation of freedom to persons who, “by means of force, threat of serious harm or deception, take another person outside national territory, or entice them into the country, and uses their defenceless situation to force them into prostitution”. The Government indicates that the penal procedure is carried out by the Public Ministry (Department of the Public Prosecutor).

The Committee requests the Government to provide information about the application of section 129 of the Penal Code, indicating the number of cases which have been reported to the prosecutor’s office, the number which have been brought to trial, and where appropriate, copies of the relevant judgements.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Debt bondage of indigenous communities in the Chaco. In its previous observation the Committee once again expressed its concern about the existence of cases of debt bondage in the indigenous communities of the Chaco. It noted the report Debt bondage and marginalization in the Chaco of Paraguay, carried out under the technical cooperation project called “Forced labour, discrimination and poverty reduction among indigenous peoples”, which is part of the Special Action Programme to combat Forced Labour (SAP-FL) of the ILO. The investigation summarized in the report confirms the existence of forced labour practices, specifying a number of factors that lead to situations of forced labour encountered by many indigenous workers on the estates of Chaco: the payment of wages to workers that are below the legal minimum; providing them with insufficient quantities of food; charging excessive prices for those provisions available for purchase, there being no access on the estates to other markets or means of subsistence (hunting and fishing); and the payment of partial or total wages in kind. All of these lead to the indebtedness of workers which obliges them, and in many cases their families as well, to work permanently on the estates. The report was confirmed during workshops conducted separately with organizations of employers and workers as well as for the inspection services.

The Committee also noted the comments of the International Trade Union Confederation (ITUC) concerning violations of section 47 of the Labour Code, which provides that a contract will be void when it fixes a salary under the minimum wage or if it involves direct or indirect obligations to buy goods or food from shops, businesses or a place determined by the employer. Articles 231 and 176 of the Labour Code provide that only 30 per cent of wages can be paid in kind, and the value of these goods must be the same as those at the nearest urban settlement. The ITUC asserts that such provisions are not being enforced in practice, thus creating conditions of indebtedness leading the indigenous workers of the Chaco into situations of forced labour.

The Committee observed that debt bondage constituted forced labour within the meaning of the Convention and a serious violation of the same, and it hoped that in its next report the Government would communicate information on the various measures taken or envisaged to combat practices by which forced labour is imposed on the indigenous workers of Chaco.

The Committee notes the discussion which took place in the Committee on the Application of Standards of the Conference in 2008 and its conclusions, in which it manifested its concern about the consequences for the indigenous workers of their situation as landless peasants, as well as the vulnerability of these workers. The Conference Committee considered that measures of an urgent nature needed to be taken.

Measures taken by the Government

Decent Work Country Programme. The Committee notes that the Government, through a tripartite initiative, has concluded a Decent Work Country Programme with the ILO, of which the objectives include better compliance with labour standards, through programmes to eradicate forced labour and the worst forms of child labour as well as strengthening labour inspection and the adaptation of Paraguayan laws to the ILO Conventions ratified by the country.

Commission on Fundamental Rights at Work and the Prevention of Forced Labour. Action plan concerning forced labour. The Committee notes that by Resolution of the Minister of Labour and Justice No. 230 of March 2009 a Commission on Fundamental Rights at Work and the Prevention of Forced Labour was established. The action plan developed by the Commission includes, besides actions of awareness raising among sectors of workers and employers, a radio campaign of one month to raise awareness among the society at large and a training activity for labour inspectors followed by a visit to rural establishments. An investigation concerning indigenous women and discrimination is also planned. In addition, an Office of Labour Administration in the locality Teniente Irala Fernández (Chaco) has been established.

The Committee takes due note of the actions undertaken by the Government with a view to the eradication of forced labour of the indigenous communities of Chaco; however, the measures taken so far, although they are a first step, must be reinforced and lead to systematic action which is commensurate with the dimensions and gravity of the problem, if the latter is to be solved.

The Committee hopes that the Government will provide information about the mandate and functioning of the Office of Teniente Irala Fernández (Chaco), and the mechanisms foreseen for reporting cases of forced labour (procedures, competent authorities, judicial assistance). Given the principal role in the fight against forced labour played by the inspection services, the Committee hopes that the Government will provide information about the activities of these services and the measures taken to reinforce them.

The Committee further hopes that the Government will provide information about the number of cases in which the inspection services have detected infringements of sections 47, 176, and 231 of the Labour Code and refers it to the comments made on the application of the Protection of Wages Convention, 1949 (No. 95), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Article 25. Penalties for the exaction of forced labour. The Committee recalls that by virtue of Article 25 of the Convention, criminal sanctions shall be imposed, and strictly enforced, upon those found guilty of having imposed forced labour. The Committee requests the Government to communicate information about the measures taken or envisaged to ensure the application of Article 25 of the Convention, including information about provisions of national legislation which prescribe penalties to those responsible for the exaction of forced labour and copies of relevant judgements.

Article 2, paragraph 2(c). Obligation to work imposed on non-convicted detainees. The Committee notes that the Government has not provided the information requested with regard to the amendment of 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 persons who have been detained but not convicted shall not be obliged to carry out any type of work.

The Committee had noted the Draft Code on the Execution of Sentences, communicated by the Government in its report of 2006. Sections 127, 68 and 69 of the Draft Code, read together, provide for the obligation to work of convicted persons, those sentenced to a term of imprisonment pursuant to a final judgement rendered by a competent court. If these provisions are adopted they would be in compliance with Article 2(2)(c) of the Convention under which work or service can only be imposed on an individual by virtue of a conviction in a court of law. The Committee noted, however, that section 34 of the Draft Code states: “Provided they are compatible with the status of persons as detainees, do not contradict the principle of presumption of innocence, and are more favourable and useful for protecting said persons, the provisions relating to the living conditions and standards of conduct of Title III shall apply”. The Committee observed in this respect that Title III, Chapter 7, of the Draft Code contains provisions relating to compulsory work by convicted persons which, by virtue of section 34, could be applied to detainees. It would therefore be necessary, in order to eliminate the possibility of imposing work upon those who are in preventive detention, that this be explicitly prohibited, with the clarification that the detainee could work if he so requested.

The Committee hopes that in its next report the Government will be able to indicate that the national legislation has been brought into conformity with the Convention, and that it will communicate a copy of the Code on the Execution of Sentences once it has been adopted.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1) and 2(1) of the Convention. Debt bondage of indigenous communities in the Chaco. In comments made since 1997, the Committee has expressed its concern about the existence of cases of debt bondage in the indigenous communities of the Chaco. The Committee observed that debt bondage constituted a serious violation of the Convention.

The Committee notes the comments made in August 2006 by the International Confederation of Free Trade Unions (ICFTU) – now the International Trade Union Confederation (ITUC). The ITUC refers to the practice of forced labour in Chaco, the existence of which has been confirmed in the report: Debt bondage and marginalization in the Chaco of Paraguay. The research contained in the report was carried out under the technical cooperation project called Forced Labour, Discrimination and Poverty Reduction among Indigenous Peoples, which is part of the Special Action Programme to combat Forced Labour (SAP-FL) of the ILO.

The report confirms the existence of forced labour practices, specifying “a number of factors” that lead to situations of forced labour encountered by many indigenous workers on the estates of Chaco: the payment of wages to workers that are below the legal minimum; providing them with insufficient quantities of food; charging excessive prices for those provisions available for purchase, there being no access on the estates to other markets or means of subsistence (hunting and fishing); and the payment of partial or total wages in kind. All of these lead to the indebtedness of the worker which obliges him, and in many cases his family as well, to work permanently on the estates.

The ITUC also refers to violations of section 47 of the Labour Code, which provides that a contract will be void when it fixes a salary under the minimum wage or if it involves direct or indirect obligations to buy goods or food from shops, businesses or a place determined by the employer. Articles 231 and 176 of the Labour Code provide that only 30 per cent of wages can be paid in kind, and the value of these goods must be the same as those at the nearest urban settlement. The ITUC asserts that such provisions are not being enforced in practice, thus creating conditions of indebtedness leading the indigenous workers of the Chaco into situations of forced labour.

The report was confirmed during workshops conducted separately with organizations of employers and workers as well as for the Inspection Services. Subsequently the Ministries of Labour and Justice created an Office of Inspection in Mariscal Estigarriba, in the Chaco region in March of 2006. The Committee has learned, however, from information available from the SAP-FL of the ILO that the work was difficult for the two inspectors appointed to this office, who apparently resigned recently because of the limited support they received from Asunción.

The Committee also notes the conclusions of the Tripartite Seminar of September 2007 relating to the need for the Government to establish, by means of decree, a Tripartite Committee on Fundamental Principles at Work and the Prevention of Forced Labour, consisting of six representatives of each group, Employers, Workers and Government. The Committee, once established, would have 60 days to develop an action plan.

In its report of 2006, the Government referred to the report mentioned above and to the three workshops carried out with various social actors, and it also indicated that it planned to create an inter-institutional and cross-sector National Commission responsible for overseeing this issue. The Committee notes that the Government’s report communicated in September 2007 does not contain any information in this regard.

The Committee notes the convergence of the allegations it has been examining since 1997 on the debt bondage to which the indigenous workers of the Chaco region of Paraguay are being subjected. It notes existing provisions of labour law which, if applied, would contribute to the prevention of indebtedness that requires workers to continue working to pay off their debt, and it notes that measures taken to combat the phenomenon seem stalled at present.

The Committee hopes that in its next report the Government will communicate information on the various measures taken or envisaged to combat practices by which forced labour is imposed on the indigenous workers of Chaco, in particular information on:

–           the operation of the Office of Inspection in Marsical Estigarriba, providing copies of inspection reports that have been prepared by that Office; and

–           the creation of the National Tripartite Committee on Fundamental Principles and the Prevention of Forced Labour and its operation, and the communication of a copy of the action plan once it has been adopted.

Article 25. Penalties for the exaction of forced labour. The Committee recalls that by virtue of Article 25 of the Convention, criminal sanctions shall be imposed, and strictly enforced, upon those found guilty of having imposed forced labour. The Committee requests the Government to communicate information about the measures taken or planned to ensure the application of Article 25 of the Convention, including copies of relevant judgements.

Article 2(2)(c). Obligation to work imposed on non-convicted detainees. 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 persons who have been detained but not convicted shall not be obliged to carry out any type of work.

The Committee notes the Draft Code on the Execution of Sentences, communicated by the Government in its report of 2006. Sections 127, 68 and 69 of the Draft Code, read together, provide for the obligation to work of convicted persons, those sentenced to a term of imprisonment pursuant to a final judgement rendered by a competent court. If these provisions are adopted they would be in compliance with Article 2(2)(c) of the Convention under which work or service can only be imposed on an individual by virtue of a conviction in a court of law. The Committee notes, however, that section 34 of the Draft Code states: “Provided they are compatible with the status of persons as detainees, do not contradict the principle of presumption of innocence, and are more favourable and useful for protecting said persons, the provisions relating to the living conditions and standards of conduct of Title III shall apply.” The Committee observes in this respect that Title III, Chapter 7, of the Draft Code contains provisions relating to compulsory work by convicted persons which, by virtue of section 34, could be applied to detainees. It would be necessary, in order to eliminate the possibility of imposing work upon those who are in preventive detention, that this be explicitly prohibited, with the clarification that the detainee could work if he so requested.

The Committee hopes that in its next report the Government will be able to indicate that the national legislation has been brought into conformity with the Convention, and that it will communicate a copy of the Code on the Execution of Sentences once it has been adopted.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

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 noted that the Government forwarded 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 noted 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 indicated 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. Article 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 reiterated that a new Prison Code, which was under examination, would replace Act No. 210 of 1970. The Committee requests the Government to provide a copy of the Prison Code, once it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

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 noted that the Government forwarded 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 noted 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 indicated 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. Article 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 reiterated that a new Prison Code, which was under examination, would replace Act No. 210 of 1970. The Committee requests the Government to provide a copy of the Prison Code, once it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action.

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.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and its annexes.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. In its previous observations, the Committee referred to section 39 of Act No. 210 of 1970, which makes work compulsory for detainees. Section 10 of the same Act defines as detainees not only convicted persons, but also persons subject to security measures in a prison establishment. The Committee notes the information provided by the Government in its report to the effect that, under section 40 of the Penal Code with respect to labour by convicts, only persons who are convicted are obliged to work and that a new Bill regarding the prison system, amending Act No. 210 of 1970, is currently under examination.

The Committee recalls once again that under Article 2, paragraph 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 are detained but have not been convicted must not be compelled to perform any type of work.

The Committee once again expresses the hope that the necessary measures will finally be taken to resolve the incompatibility which has existed for a long time between the legislation and Article 2, paragraph 2(c), of the Convention and that the Government will provide information on measures adopted in this respect.

2. In its previous observation, the Committee noted the comments made by the World Confederation of Labour (WCL) in October 1997.

In those comments, the trade union organization alleged, on the basis of the information contained in the publication by Anti-Slavery International Enslaved peoples in the 1990s, the existence of situations of debt bondage in indigenous communities in Chaco. In many cases, the wages of indigenous workers in some of the estates in Chaco are less than half the statutory minimum wage. Consequently, the workers need to obtain basic food supplies and products of primary necessity from ranch stores on credit or at excessively high prices. At the end of the month, their debt is higher than the amount of their wages. According to these allegations, even in estates in which the highest wages are paid, the workers in practice receive no pay due to the debts they have contracted.

The WCL's comments were transmitted to the Government in November 1997 so that it could make the observations thereon which it considered appropriate. The Committee notes that in its report, provided in November 1999, the Government states that it lacks information on the matters raised in the WCL's communication.

The Committee notes that the information referred to in the WCL's comments relate to alleged situations of debt bondage and that such practices are in widespread and serious violation of the prohibition of forced labour and the protection provided by the Convention for the freedom of workers.

The Committee requests the Government to investigate these serious allegations and to provide information on any measures which may have been taken or be envisaged to eliminate such practices and ensure compliance with the Convention.

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.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request:

With reference to section 68 of Act No. 847 of 19 December 1980 (Conditions of Service of Military Personnel) under which an application to leave the service is not receivable "(a) where an applicant has not completed his service engagement" and "(d) during a state of siege, in which case the Commander-in-Chief decides whether the application is acceptable", the Committee has been asking the Government since 1987 to supply copies of the provisions establishing the length of the period for which military personnel may undertake a service engagement and to supply information on the criteria and any deadlines to be observed in deciding upon an application to resign from the service, in the event of a state of siege, including copies of any regulations or instructions which are applicable.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observations which read as follows:

Article 2, paragraph 2(c), of the Convention. The Committee has been referring for 20 years to section 39 of Act No. 210 of 1970 respecting the prison system, which is contrary to this provision of the Convention since it states that "work shall be compulsory for detainees", although the same Act (section 10) defines as detainees not only convicted persons but also persons subjected to security measures in a prison establishment. Since 1977 the Government has been referring to a bill to amend section 39 of Act No. 210. In its previous observation the Committee expressed the hope that the necessary measures would be taken without delay to ensure observance of the Convention on this point on which it has been commenting for so many years, and asked the Government to provide a detailed report on the matter. In its report received in 1995 the Government states that "there have been no changes in the situation". The Committee hopes that the Government will not further postpone taking the necessary measures to ensure observance of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to section 68 of Act No. 847 of 19 December 1980 (Conditions of Service of Military Personnel) under which an application to leave the service is not receivable "(a) where an applicant has not completed his service engagement" and "(d) during a state of siege, in which case the Commander-in-Chief decides whether the application is acceptable", the Committee has been asking the Government since 1987 to supply copies of the provisions establishing the length of the period for which military personnel may undertake a service engagement and to supply information on the criteria and any deadlines to be observed in deciding upon an application to resign from the service, in the event of a state of siege, including copies of any regulations or instructions which are applicable.

The Committee notes that yet again the Government's report does not contain the information requested and hopes that it will be provided in the Government's next report so that the Committee may satisfy itself that the Convention is being observed in this respect.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2, paragraph 2(c), of the Convention. The Committee has been referring for 20 years to section 39 of Act No. 210 of 1970 respecting the prison system, which is contrary to this provision of the Convention since it states that "work shall be compulsory for detainees", although the same Act (section 10) defines as detainees not only convicted persons but also persons subjected to security measures in a prison establishment.

Since 1977 the Government has been referring to a bill to amend section 39 of Act No. 210.

In its previous observation the Committee expressed the hope that the necessary measures would be taken without delay to ensure observance of the Convention on this point on which it has been commenting for so many years, and asked the Government to provide a detailed report on the matter.

In its report the Government states that "there have been no changes in the situation".

The Committee hopes that the Government will not further postpone taking the necessary measures to ensure observance of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to section 68 of Act No. 847 of 19 December 1980 (Conditions of Service of Military Personnel), an application to leave the service is not receivable "(a) where an applicant has not completed his service engagement" and "(d) during a state of seige, in which case the Commander-in-Chief decides whether the application is acceptable"; the Committee has been requesting the Government since 1987 to supply copies of the provisions establishing the length of the period for which military personnel may undertake a service engagement and to supply information on the criteria and any deadlines to be observed in deciding upon an application to resign from the service, in the event of a state of seige, including copies of any regulations or instructions which are applicable.

The Committee notes that once again the Government's report does not contain the requested information and hopes that the Government will supply it in its next report with a view to ensuring that the Convention is being observed in this respect.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 2, paragraph 2(c), of the Convention. The Committee has been referring for 20 years to section 39 of Act No. 210 of 1970 respecting the prison system, which is contrary to this provision of the Convention since it states that "work shall be compulsory for detainees", and section 10 of the Act, which defines as detainees not only convicted persons but also those subjected to security measures in a prison establishment.

Since 1977, the Government has been referring to a Bill to amend section 39 of Act No. 210 and in its last report states that the Bill has still not been adopted.

The Committee once again recalls that the Convention lays down that work can only be exacted from prisoners as a consequence of a conviction in a court of law; persons who are in detention and are awaiting trial or persons detained without trial may work at their own request, on a purely voluntary basis (paragraph 90 of the General Survey on the Abolition of Forced Labour).

The Committee hopes that the Government will take the necessary measures without delay to ensure that the Convention is respected on this point, on which it has been commenting for many years.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous direct request, the Committee noted that under section 68 of Act No. 847 of 19 December 1980 (Conditions of Service of Military Personnel) an application to leave the service is receivable except in the following cases: (a) where an applicant has not completed his service engagement; (b) during a state of war; (c) during a state of national emergency; (d) during a state of siege, in which case the Commander-in-Chief decides whether the application is acceptable; (e) where the applicant is serving a sentence or disciplinary sanction; and (f) where he is under prosecution.

The Committee requested the Government to supply copies of the provisions establishing the length of the period for which military personnel may sign a service engagement. With regard to the case covered by section 68(d), the Committee asked the Government to supply information on the criteria and any deadlines to be observed in deciding upon an application to resign from service, including copies of any regulations or instructions in this matter.

Since once again the Government's report does not contain the requested information, the Committee hopes that it will be included in the next report.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 2, paragraph 2(c), of the Convention. The Committee has been referring in its comments for many years to section 39 of Act No. 210 of 1970 respecting the prison system, which is contrary to this provision of the Convention since it states that "work shall be compulsory for detainees", and section 10 of the Act, which defines as detainees not only convicted persons but also those subjected to security measures in a prison establishment.

The Committee noted the Bill which was drafted in 1977 to amend section 39 of Act No. 210, under which detainees who have not been sentenced and those convicted of political offences who were not guilty of acts of violence will be exempted from the obligation to work.

The Committee notes that, according to the Government's report, the above Bill has not yet been adopted.

The Committee hopes that the Government will take the necessary measures without delay to ensure that the Convention is observed in this respect and that it will supply information in its next report on the progress achieved in this connection.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

In its previous direct request, the Committee noted that under section 68 of Act No. 847 of 19 December 1980 (Conditions of Service of Military Personnel) an application to leave the service is receivable except in the following cases: (a) where an applicant has not completed his service engagement; (b) during a state of war; (c) during a state of national emergency; (d) during a state of siege, in which case the Commander-in-Chief decides whether the application is acceptable; (e) where the applicant is serving a sentence or disciplinary sanction; and (f) where he is under prosecution.

The Committee requested the Government to supply copies of the provisions establishing the length of the period for which military personnel may sign a service engagement. With regard to the case covered by section 68(d), the Committee asked the Government to supply information on the criteria and any deadlines to be observed in deciding upon an application to resign from service, including copies of any regulations or instructions in this matter.

Since once again the Government's report does not contain the requested information, the Committee hopes that it will be included in the next report.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2, paragraph 2(c), of the Convention. The Committee has been referring in its comments for many years to section 39 of Act No. 210 of 1970 respecting the prison system, which is contrary to this provision of the Convention since it states that "work shall be compulsory for detainees", and section 10 of the Act, which defines as detainees not only convicted persons but also those subjected to security measures in a prison establishment.

The Committee noted the Bill which was drafted in 1977 to amend section 39 of Act No. 210, under which detainees who have not been sentenced and those convicted of political offences who were not guilty of acts of violence will be exempted from the obligation to work.

The Committee notes that, according to the Government's report, the above Bill has not yet been adopted.

The Committee hopes that the Government will take the necessary measures without delay to ensure that the Convention is observed in this respect and that it will supply information in its next report on the progress achieved in this connection.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous direct request, the Committee noted that under section 68 of Act No. 847 of 19 December 1980 (Conditions of Service of Military Personnel) an application to leave the service is receivable except in the following cases: (a) where the applicant has not completed his service engagement; (b) during a state of war; (c) during a state of national emergency; (d) during a state of siege, in which case the Commander-in-Chief decides whether the application is acceptable; (e) where the applicant is serving a sentence or disciplinary sanction; (f) where he is under prosecution.

The Committee requested the Government to supply copies of the provisions establishing the length of the period for which military personnel may sign a service engagement. With regard to case (d) of the above-mentioned section 68, the Committee asked the Government to supply information on the criteria and any deadlines to be observed in deciding on an application to resign from service, including copies of any regulations or instructions in this matter.

The Government's report does not contain the information requested and the Committee therefore hopes that it will be included in the next report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 2, paragraph 2(c), of the Convention. In earlier comments, the Committee has pointed out that section 39 of Act No. 210 of 1970 respecting the prison system is contrary to this provision of the Convention, since it states that "work shall be compulsory for detainees", and section 10 of the same Act defines as detainees not only convicted persons but also those subjected to security measures in a prison establishment.

The Committee noted the Bill to amend section 39 of Act No. 210, under which detainees who have not been sentenced and those convicted of political offences who were not guilty of acts of violence will be exempted from the obligation to work.

The Committee notes that, in its report, the Government states that the above Bill has not yet been adopted. The Committee hopes that the Bill to amend section 39 of Act No. 210 will be adopted as soon as possible in order to bring the national legislation into conformity with the Convention in this respect.