Individual Case (CAS) - Discussion: 2011, Publication: 100th ILC session (2011)

A Government representative referred to some of the issues raised in the Committee of Experts’ comments and noted that the Government had taken, and was continuing to take, the following action: approval of a national policy to combat trafficking of persons; drafting of a bill for the Inter-institutional Roundtable on the Prevention and Elimination of Human Trafficking covering all forms of crimes related to human trafficking; creation of a Specialized Unit in Human Trafficking and the Sexual Exploitation of Children and Adolescents attached to the Office of the Attorney General; creation of the Directorate for the Prevention and Treatment of Victims of Human Trafficking within the Women’s Secretariat of the President’s Office, to devise preventive strategies, deal with complaints concerning victims of trafficking and provide every form of assistance (between 2005 and 2010, the Directorate assisted 206 adult women and young people under the age of 18); creation of a Unit for the Prevention of Trafficking as part of the National Secretariat for Children and Adolescents, to provide assistance to child victims of trafficking for their social rehabilitation; national consultations for the design of a Second National Plan for the Prevention of the Commercial Sexual Exploitation of Children and Young Persons; training of officials of the Ministry of the Interior in the detection of cases of commercial sexual exploitation of children, the identification of those responsible and the provision of proper care for its victims; implementation of the second phase of the project “Ciudades gemelas” (twinned cities), under which a regional strategy was to be developed to eliminate trafficking between border cities in Argentina, Brazil, Paraguay and Uruguay; provision of support for the South–South cooperation project for the installation of the DISQUE 100 system using the FONO AYUDA telephone complaints system for tracking cases of trafficking in children, with a view to instituting a unique regional telephone number to make it easier to lodge complaints from one country to another; and the preparation of a study on the situation of human trafficking at the national level carried out by Luna Nueva, an NGO, with financing by the European Union, whose findings would shortly be available. With regard to measures adopted to prevent hazardous child labour, the National Committee on the Prevention of Child Labour and the Protection of Young Workers (CONAETI) was continuing its collaboration, notably with the Horizontal Cooperation project of the United States Department of Labor (USDOL) and the South–South project funded by the Brazilian Cooperation Agency (ABC). In addition, several public institutions were working on a pilot plan to coordinate social programmes involving conditional cash transfers, such as ABRAZO and TEKOPORÁ, with a view to extending the ABRAZO programme to all vulnerable children and adolescents. These programmes were currently functioning in the artisanal brickworks of the city of Tobatí and in the garbage dumps of the city of Encarnación, with the assistance of ILO–IPEC and government financing.

Government policies had three major achievements in 2010: the approval of the new National Strategy for the Prevention and Elimination of Child Labour and the Protection of Working Adolescents in Paraguay, adopted by Resolution No. 03/2010 of the National Council for Children and Adolescents, which was prepared on a quadripartite basis involving the consultation of representatives of the trade unions, of the employers and of the Government as well as civil society organizations, including 119 children and adolescents; the approval of two coordination manuals for dealing with cases involving people under the age of 18 years (one for the internal use of officials of the Ministry of Justice and Labour and the other for various institutions including the judiciary, the Office of the Attorney General, the Ministry of Public Defence, the Ministry of Justice and Labour, the National Secretariat for Children and Adolescents and the Municipal Councils for the Rights of Children and Adolescents); in conjunction with the National Directorate for Public Contracts, the promotion and utilization (as a pioneering initiative in the region) of a sworn statement, whereby an entity tendering for a government public works contract gave assurances that it was not involved in any activities that were in violation of the child labour provisions and tenderers could be disqualified during the bidding process and/or a contract cancelled in the event of failure to comply with the statement. As to monitoring, a training programme for labour, transport and occupational safety and health services, attached to the Office of the Vice-Minister of Labour and Social Security and due to begin in July 2011, was being developed to deal with instances of child labour. Regarding domestic child labour, following a process of participatory consultation, a Domestic Service Bill had been drafted in line with Decree No. 4951/05, which contained a list of hazardous forms of child labour. With regard to indigenous peoples, the drafting of a programme of action among the Mbyá communities of the department of Caaguazú, to tackle the problem of indigenous street children, was almost complete. In terms of coordinated activities with the social partners and with the support of ILO–IPEC, CONAETI was promoting an exchange of experience between the Single Authentic Workers’ Confederation (CUT-A) and the Multi-Ethnic Association of the Chaco Region, with a view to devising a plan of action to combat child labour. Employers’ organizations, for their part, were supporting the possible development of action plans that would involve the Industrial Union of Paraguay (UIP) and the Rural Association of Paraguay (ARP) in child labour issues and labour issues affecting indigenous peoples. Specifically, the UIP was collaborating in activities that were being carried out in the artisanal brickworks in Tolatí in order to identify any forms of dangerous work in the industry and in the brick and ceramics production chain. In order to provide the Committee of Experts with exact dates and precise answers, a special survey of child labour in Paraguay focusing specifically on hazardous types of work would be conducted in August 2011 with the support of IPEC–SIMPOC. He thanked the ILO for its assistance to the Government through ILO–IPEC and welcomed the recent signing of a Memorandum of Understanding between ILO–IPEC and the Government. Before the end of 2011 the Government would send the ILO a detailed report in answer to the questions raised by the Committee of Experts in its comments. In conclusion, he asked the Office to continue its collaboration with the Government in the deployment of child labour prevention activities, especially concerning the worst forms of child labour.

The Worker members observed that it was the first occasion on which the case had been discussed by the Committee and that it involved unacceptable situations, such as the sale and trafficking of children, child prostitution from the age of 13 years, the sexual exploitation of children and child domestic work. All of those were considered by the Convention as constituting the worst forms of child labour, against which States were under the obligation to take immediate and effective measures on an urgent basis. Child labour existed in different forms in Paraguay. As a country of origin and of destination of trafficking, children were taken to Argentina, Brazil and other countries, as well as within the country. New provisions punishing the trafficking of children for prostitution, slavery and forced labour had been introduced into the Penal Code following the organization of the Inter-institutional Roundtable on the Prevention and Suppression of Trafficking, and a bill was reported to be in the process of being adopted on action to combat trafficking, which focused on prevention, investigation, sanctions, assistance and the social rehabilitation of victims. It was nevertheless strongly to be hoped that the Government would establish a system of monitoring, surveillance and penalties for the effective implementation of the existing legislative provisions. With regard to the use, procuring or offering of children for prostitution, the Worker members emphasized that the gravity of the problem of the prostitution of young girls and boys was evident, as two-thirds of workers in the sex industry were under age. The studies undertaken by the Government on that phenomenon needed to result in tangible measures for the eradication of the scourge without delay. Furthermore, with regard to the monitoring mechanisms provided for in Article 5 of the Convention, the International Trade Union Confederation (ITUC) and the International Organisation for Migration had reported the difficulties encountered in monitoring trafficking in border areas in view of the fact that the Department of Migration and Identification and the Department of Immigration considered that they were not competent to intervene in cases of trafficking and the crime of trafficking could only be committed in the country of destination of victims. As a result, cases of trafficking were rarely reported and prosecuted. The Government had reported the establishment of a special police unit to combat trafficking, as well as the creation of other specialized units. Such measures, if they were to have a positive effect, needed to ensure that the authorities responsible for enforcing the law, and particularly the police, the judiciary and the customs services, were allocated adequate human and material resources. With regard to the supervision of the effect given to the Convention, including penalties for violations, it should be noted that the number of the cases taken to court, and the penalties imposed in cases of child trafficking, was very low. That was a matter of concern, particularly taking into account the information provided by the United Nations High Commissioner for Refugees reporting corrupt elected officers and public employees, particularly in the police and the frontier guard units, who were accomplices in the trafficking of children. A neutral, objective and credible mechanism for monitoring and sanctions with sufficient resources was therefore necessary to supplement the legislation against the worst forms of child labour. It was accordingly urgent for the Government to renew its efforts by strengthening the capacities of enforcement agencies so as to ensure that those who engaged in the trafficking of children were effectively prosecuted and liable to sufficiently effective and dissuasive sanctions. The prevention of the worst forms of child labour also required the establishment of programmes for the rehabilitation and social integration of child victims of trafficking and commercial sexual exploitation. The Government needed to provide more information on the number of children who had been removed from situations of trafficking and commercial sexual exploitation and who had benefited from social rehabilitation and reintegration measures, as requested by the Committee of Experts. Special emphasis needed to be given to the phenomenon of children engaged in domestic work in the context of the criadazgo system, which concerned thousands of children between the ages of 5 and 17 who lived and worked at the home of a third person in exchange for accommodation, food and basic education, but who were not reflected in any statistics. The Government had recognized that it was hazardous work without, however, providing data on the numbers of children concerned or on the measures taken for their protection. In conclusion, the Worker members emphasized that the application of the Convention was still not ensured, despite the fact that it had been ratified in 2001, and they urged the Government to bring its law and practice into conformity with all the provisions of the Convention.

The Employer members thanked the Government representative for the detailed information he had provided. According to the Committee of Experts, while the national legislation was in compliance with the Convention, the use, procuring and offering of children under the age of 18 for prostitution occurred in practice. According to a study completed by ILO–IPEC in June 2002, two of three sex workers were minors. In this respect, the Government had explained that it had reactivated the Inter-institutional Roundtable for the Elimination of the Commercial Sexual Exploitation of Children and had indicated that it was engaged in the Niño Sur initiative to defend the rights of children in the region and exchange best practices to deal with issues of victim protection and assistance. While considering that these were clearly positive measures, the Employer members shared the Worker members’ concern regarding use of children for prostitution and sexual exploitation. They urged the Government to continue its efforts to eradicate such practices and requested it to supply further information on the initiatives undertaken to eradicate the use of children for prostitution and sexual exploitation in practice, including detailed information regarding the results and impact achieved. While welcoming the national policies that the Government was putting in place to address the problem of trafficking of children for the purpose of sexual exploitation, the Employer members observed that the Committee of Experts had noted reports that the trafficking of children had increased and, in this respect, had concluded that there appeared to be shortcomings in the applicable legislation. Noting that the Legislative Committee of the Inter-institutional Roundtable on Trafficking was reviewing a bill to combat all facets of human trafficking, the Employer members encouraged the Government to ensure that the trafficking of children in all of its forms was prohibited in law and eradicated in practice. Noting with concern the Committee of Experts’ observation that some government officials had reportedly facilitated the trafficking of children, without prosecution or penalty by the Government, they encouraged the Government to ensure that all persons who trafficked children for sexual or labour exploitation were prosecuted. They further encouraged the Government to strengthen the capacity of law enforcement officials to combat the trafficking and commercial sexual exploitation of children, to raise the awareness of law enforcement agencies regarding these issues, and to provide information on all measures taken to the ILO. The Employer members welcomed the Government’s involvement in various regional projects aimed at combating the trafficking of children for sexual exploitation, such as “Ciudades gemelas” in MERCOSUR and the South–South cooperation project, and encouraged it to continue providing information regarding these efforts in the region. They recalled that, according to an ILO–IPEC study conducted in 2005, almost 11 per cent of children between 10 and 17 years of age worked as domestic workers in exchange for accommodation, food and basic education and they encouraged the Government to take measures to protect children working as domestic workers from the worst forms of child labour. They urged the Government to provide information on the enforcement of Decree No. 4951 of March 2005, which prohibited children under 18 years of age from performing domestic work, and its implementation in practice, as well as on the draft new legislation discussed by the Government and the work of the national Committee for the Protection of Children. The Employer members encouraged the Government to take the necessary measures to enforce the national legislation which prohibited children from being forcefully recruited into the armed forces. Furthermore, noting a recent judgment regarding the constitutionality of the recruitment of minors into the armed forces, which appeared to create some uncertainty regarding the national legislation, they encouraged the Government to comply with the Committee of Experts’ request for information on the current measures taken to enforce the national legislation prohibiting the forced recruitment of young persons into the armed forces. They encouraged the Government to sustain the current measures in order to achieve full compliance with the Convention.

The Employer member of Paraguay emphasized that the social problems afflicting the country which were the result of 50 years of dictatorship. There had been a succession of democratic governments since 1989 and, since the previous Government, measures had been taken to solve the problems of the most vulnerable sections of the population in the country and to start up economic growth. While recognizing the shortcomings of the present Government, particularly the way it related to the employers, he recognized the efforts made to solve the social problems, especially the lack of employment. The 14 per cent growth rate the previous year had resulted in the creation of jobs. Employers, workers and the Government were currently working in a coordinated manner on training and compliance with standards by enterprises, placing the emphasis on vigilance and prevention of the use of minors in any form of work. Thus, the Federation of Production, Industry and Commerce (FEPRINCO) and five trade unions had formed a multi-sectoral board for the purpose of conducting a tripartite dialogue enabling measures aimed at job creation to be proposed to the Government. However, he recognized that, although progress had been made, much remained to be done.

The Worker member of Paraguay, endorsing the statement by the Worker members, expressed concern at the violation of the Convention. Paraguayan children of mestizo or indigenous origin were often exploited in lime factories (caleras) in the north of the country. The problem of criaditas affected girls taken from the country’s interior to the capital, Asunción, and other cities, in many cases sent by their parents because of the poverty they lived in and the promise of going to school. However, the families who took charge of the girls did not always keep their promise, and the girls suffered exploitation and every kind of abuse. Many children were exploited as a result of the poverty in which their families lived, and were excluded and without opportunities. The situation of indigenous peoples in Paraguay was also regrettable. Forced migration was still a serious problem: mothers seeking work migrated, abandoning their children. Many indigenous children found themselves in the country’s main cities, forced into prostitution and falling victim to drug addiction. Dropping out of school, corruption, drug trafficking, child prostitution and human trafficking forced children to look for ways to survive and were causes of their exploitation. Many children were taken to other countries, taken in by stories of being able to study or work, but fell into the hands of unscrupulous people who subjected them to the worst forms of human exploitation. For example, in the area around Ciudad del Este in the region of Alto Paraná, some girls had been deceived and taken to the city of La Plata in Argentina, where they were made to take part in prostitution. Such cases also occurred in Brazil and Chile. Paraguay’s executive authorities were making great efforts to apply the Convention in practice. However, although the CONAETI was supported by the Government, the ILO and other institutions, it had little opportunity for action because its resources were limited, and in many cases there was no collaboration from other state authorities. He reaffirmed his commitment to continue fighting for ILO Conventions to be respected, expressed support for all efforts to combat child labour, and called for policies and resources be strengthened towards that end. He requested an ILO direct contacts mission and stressed that the fight against child labour should be reinforced at national and international level, including through ILO–IPEC.

The Government member of Argentina, speaking on behalf of the Government members of the Committee who are members of the Group of Latin American and Caribbean countries (GRULAC), highlighted the achievements of the Government and the social partners to date and encouraged them to continue pursuing their current activities. Lastly, he requested the ILO to support the efforts made by the Government.

The Worker member of Argentina indicated that, in Paraguay, more than half of the children aged between 5 and 17 years worked. Seven out of every ten working children were engaged in domestic work, either in their own houses, in paid domestic work in the houses of others, or in unpaid domestic work in the houses of others. Some 6.1 per cent of those children carried out paid work for the entire week and practically for the entire day, which caused their total exclusion from the educational system and rendered them extremely vulnerable. Such an exclusion from education was felt more acutely in rural areas than in cities, and increased with the age of the children. With respect to unpaid domestic work in the houses of others, the criadazgo system caused abuse and harm to children, both moral and physical. In view of the isolation of children, who were defenceless, that type of work was considered hazardous. Some 60,298 children were found to be in that situation, which represented 9.3 per cent of the total number of children aged between 5 and 17 years old.

The Worker member of Brazil noted the efforts made by the Government to give effect to the Convention and observed that the reasons for discussing the case should be considered. Since 2000, children under 15 accounted for 39.5 per cent of the population, and 42 per cent of those under 14 lived in poverty. The figures must not have changed significantly in recent years. According to UNICEF data, one third of children in the country aged between 7 and 17 were engaged in work, totalling more than 500,000 children; 42 per cent of them began work at the age of 8, often in the informal sector and in hazardous and unhealthy working conditions. That worrying situation was aggravated by the information available on the trafficking in children, sexual exploitation of children, and instances of forced labour. Although the Government had taken some measures, the Committee of Experts had indicated that much remained to be done to raise public awareness of the gravity of the situation and to combat trafficking, forced labour and prostitution of children and young persons. To that end, the Government should strengthen the legislative and judicial authorities so that those responsible could be punished effectively. According to ILO–IPEC, two-thirds of sex workers were minors, and the majority of child victims of trafficking were destined for neighbouring countries, such as Brazil. Referring to Article 8 of the Convention, he emphasized the role of cooperation between States, especially Brazil, Argentina and Chile, in eradicating trafficking in children. The Committee of Experts had referred to intergovernmental cooperation within MERCOSUR, but there was nothing to stop it from urging the countries in question to broaden their cooperation to include judicial bodies and ministries of labour in action to combat odious practice.

The Worker member of Colombia expressed concern at the failure of the Government of Paraguay to comply with the Convention, and said that a civilized society should condemn all forms of child labour, because better and worse forms of child labour could not be distinguished. The Government seemed to be aware of the importance of combating child labour, but that was not enough; a broader commitment was needed from society as a whole. The scale of the problem should not be overlooked: boys worked in lime mines and girls were subject to unacceptable exploitation from an early age in the criadazgo system. Children in the informal economy were also exposed to the dangers of the street. The situation affected the whole of Latin America. A society that did not guarantee absolute respect for childhood was not viable.

The Worker member of Spain expressed dismay at the phenomena of child labour and sexual exploitation, which were not confined to Paraguay but extended across borders. Coordination was therefore needed between the national policies of different countries. However, that did not mean that the Government could avoid its responsibilities, particularly in terms of public servants complicit in such exploitation and the impunity of those who facilitated it. Although round tables had been established, they had not produced results. No measure was sufficient without the political will to put it into practice. He emphasized that the issue of trade and the exploitation of people were intimately linked to situations of poverty. An internal movement must be created to fight exploitation, with the full participation of the Government. The various forms of child labour were in violation of the Convention and went hand-in-hand with exploitation. He called on the Government to take the necessary steps to bring an end to the situation.

The Government representative shared the concern expressed by the members of the Committee at the situation of child labour in the country and indicated that information would be sent this year on progress in the application of the Convention in practice. The statistical data requested by the Worker and Employer members would be provided with the next report, especially when the results were available of the first National Child Labour Survey, which were expected in 2012. He indicated that various measures would be taken in 2011, including: training for the correct use of the two guides prepared on dealing with cases of child labour; carrying out inspections (by inspectors trained with the support of ILO–IPEC) in places where workers under 18 years of age would be expected to be found; implementing action for the eradication of child labour in collaboration with the principal organizations of employers and workers (in that respect, a high-level meeting was being organized with representatives of the Paraguayan Chamber of Construction with a view to drawing up an agenda for joint work that took into account the proposals of the actors involved); adopting practical measures in the CONAETI, a quadripartite body chaired by the Ministry of Justice and Labour, with a view to reducing the numbers of boys and girls working and protecting young persons engaged in work for others; continuing collaboration with IPEC, with the ABC and the USDOL in programmes for the exchange of experience in dealing with cases of child labour and in the implementation of social programmes for conditional cash transfers, such as ABRAZO and TEKOPORÁ; maintaining close relations with the other State authorities with a view to harmonizing the criteria for the application of the law and providing precise replies to the questions of the Committee of Experts; continuing collaboration with the State bodies of the executive and municipal authorities with a view to training public officials directly involved in dealing with boys, girls and young persons; pursuing the provision of replies to children in their educational institutions through continued collaboration with the ILO Supporting Children’s Rights through Education, the Arts and the Media (SCREAM) programme, which had been introduced in Paraguay in 2005 and had gradually been extended to various departments; giving effect to tangible policy measures, such as the sworn declaration drawn up by the National Directorate of Public Contracts to ensure that state enterprises did not use child labour; implementing, in collaboration with Argentina, Brazil and Uruguay, the Regional Plan for the Eradication of Child Labour in MERCOSUR countries, the objectives of which included carrying out an awareness-raising campaign on agricultural and domestic work and sexual exploitation in border areas, the inclusion of the subject of the trafficking and smuggling of boys, girls and young persons for their sexual and labour exploitation, and the formulation of draft reforms of national legislation and strategies for addressing domestic child labour.

The Employer members noted that the Government shared their serious concerns about the existence of the worst forms of child labour in Paraguay. They hoped that those concerns would be reflected in the measures envisaged by the Government in its efforts to eradicate the worst forms of child labour in both law and practice. They encouraged the Government’s efforts to eradicate the worst forms of child labour and to come into full compliance with the Convention. However, more work was needed to eradicate the use and trafficking of children for commercial sexual exploitation. The Government should take measures that were efficient, effective and targeted, and it should also ensure their effective monitoring and evaluation. Moreover, the Government should protect children working as domestic workers from the worst forms of child labour. They emphasized that Convention No. 182 was a fundamental Convention that required immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. They therefore looked forward to receiving information on any progress made in this respect.

The Worker members emphasized that it emerged from the discussion that the Government recognized the seriousness of certain situations which affected children, but minimized other situations. They reaffirmed that there was a link between poverty and the worst forms of child labour, and consequently, the description of the socio-economic situation of the country was relevant. The Government needed to make every effort to bring national law and practice into conformity with the Convention and for that purpose needed to: adopt the bill to combat trafficking, which encompassed the aspects of the prevention, repression and assistance to victims and their reintegration; strengthen action to combat the use, procuring or offering of children for prostitution; reinforce the capacities of the law enforcement agencies, such as the police and the judicial system, so as to ensure they could function correctly and efficiently with a view to prosecuting and penalizing persons responsible for child trafficking for sexual exploitation and the exploitation of their labour; prevent children from being engaged in the worst forms of child labour, ensure their removal from such types of labour and their social reintegration; give special attention to children employed as domestic workers, especially under the criadazgo system, and gather data on that system, which involved hazardous work so as to provide a solid basis for combating it; and continue the existing collaboration within MERCOSUR to combat child trafficking. In conclusion, they considered that, in view of the diversity of the problems of application of the Convention, the Government needed to have recourse to ILO technical assistance so as to bring its law and practice into conformity with the Convention and establish special training for law enforcement officials.

Conclusions

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

The Committee noted that the report of the Committee of Experts referred to allegations from the International Trade Union Confederation (ITUC) relating to the sale and trafficking of children, children in commercial sexual exploitation and children working in domestic service (“criadazgo” system).

The Committee duly noted the information provided by the Government representative outlining laws and policies put in place to combat the sale, trafficking and commercial sexual exploitation of children, as well as the comprehensive action programmes that were being undertaken in collaboration with ILO–IPEC to remove children from such situations. The Committee observed that the Government had expressed its willingness to continue its efforts to eradicate such situations with the technical assistance and cooperation of the ILO. The Committee further noted the Government’s indication that it was carrying out initiatives to raise awareness and to combat the trafficking and commercial sexual exploitation of children in Paraguay jointly with the States members and associate member States of MERCOSUR, and within the framework of the regional South–South cooperation.

Moreover, the Committee noted the Government representative’s statement that the Inter-institutional Roundtable for the Prevention and Combating of Trafficking in Persons, coordinated by the Ministry of External Affairs and created in 2005, was reviewing a bill on combating trafficking of persons, which would cover all aspects of trafficking, including prevention, investigation, sanctions, assistance and social rehabilitation of victims. Furthermore, the Committee noted the Government representative’s statement that a national plan against trafficking of persons was in the process of being approved. The Committee encouraged the Government to take immediate measures to ensure that the bill on combating trafficking of persons, as well as the national plan against trafficking of persons, were adopted in the very near future.

The Committee shared the concern expressed by several speakers that, although the national legislation on the use, procuring or offering of children for prostitution was in conformity with the Convention, a large number of children under 18 years of age were the victims of commercial sexual exploitation and trafficking for that purpose. The Committee therefore requested the Government to redouble its efforts to combat the commercial sexual exploitation of children, and to provide information on the results achieved.

While noting that a special unit on trafficking in persons had been created within the Office of the Attorney General, the Committee expressed its deep concern at the weak enforcement of the national legislation on trafficking and commercial sexual exploitation, as well as at allegations of complicity of government officials with human traffickers. The Committee accordingly urged the Government to take immediate and effective measures to strengthen the capacity of law enforcement agencies, particularly the police, the judiciary and customs officers, in order to ensure that the perpetrators, including government accomplices, were, in practice, prosecuted, and that sufficiently effective and dissuasive penalties were imposed. The Committee also requested the Government to provide statistical information in its forthcoming report to the Committee of Experts on infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

While domestic work by children was considered to be a hazardous type of work under the national legislation of Paraguay, the Committee noted with serious concern the persistence of the engagement of children aged 5 to 17 years in the “criadazgo” system. The Committee observed that in so far as these children did not control their conditions of employment, the majority of them worked under conditions of forced labour. The Committee emphasized the seriousness of such violations of the Convention, and urged the Government to redouble its efforts, as a matter of urgency, to eradicate the use of children in forced domestic labour and hazardous domestic work. The Committee requested the Government to provide information on the manner in which the prohibition to engage children in hazardous domestic work, such as in the “criadazgo” system, was enforced in practice, and on the results achieved. It further requested the Government to provide statistical data on the number of children under 18 who were engaged in these worst forms of child labour.

The Committee requested the Government to take effective and time-bound measures to prevent children from being engaged in the worst forms of child labour as mentioned above, as well as to remove them from these worst forms and to provide for their rehabilitation and social integration, and to communicate information on the results achieved. Noting that a national survey on child labour would be conducted as of August 2011 in the entirety of the territory of Paraguay, the Committee requested the Government to provide the results of this survey as soon as they became available.

Finally, noting the information highlighted by several speakers that the worst forms of child labour were the result of poverty and underdevelopment in Paraguay, the Committee strongly encouraged the Government to continue availing itself of ILO technical assistance and cooperation with a view to bringing its law and practice into conformity with the Convention as a matter of urgency. This technical assistance and cooperation should include training to be provided to strengthen the capacity of officials of the law enforcement agencies who were responsible for ensuring the effective application of national legislation.

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. The Committee previously noted the International Trade Union Confederation’s (ITUC) indication that, while military service was compulsory for men over 18 years of age, in practice, children between the ages of 12 and 17 years were recruited through various means, including the use of force and the persuasion of parents to authorize their recruitment. The ITUC also indicated that, although in recent years the recruitment of children in the armed forces had decreased, the practice still existed. A study carried out by the Inter-Institutional Human Rights Commission in military barracks in March 2005 showed that, out of 1,458 conscripts, 168 were under 18 years of age. The Committee noted the Government’s information that, although the national legislation prohibits the recruitment of young persons under 18 years of age into the armed forces, cases of forced recruitment into military service occurred in practice. Moreover, according to the Government, the Inter‑Institutional Human Rights Commission identified irregularities in recruitment procedures, consisting of falsifying identity documents for persons under 18 years of age so as to raise their age. The Committee requested the Government to take the necessary measures to enforce the legislation prohibiting the forced recruitment of young persons under 18 years of age into the armed forces and to adopt appropriate penalties for violations of this prohibition.

The Committee notes that the Government has supplied a copy of a judgement which rejects the appeal under the grounds of unconstitutionality against the decision of not recruiting into the armed forces a child of 17 years of age (voluntary recruitment). Noting the absence of information requested under this Article, the Committee once again requests the Government to provide information on the measures taken to enforce the legislation prohibiting the forced recruitment of young persons under 18 years of age into the armed forces and penalties applied in practice. To the extent possible, all information provided should be disaggregated by sex and age.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted the adoption of Act No. 2861/06, which punishes the trading and commercial and non-commercial dissemination of pornography using the image or other representations of minors or persons with disabilities. In particular, it noted that sections 1 and 3 of this Act criminalize the use of boys, girls and young persons for the production of pornography or pornographic performances. Under sections 2 and 6 of the Act, the dissemination and possession of such materials are also penalized.

The Committee notes that section 140 of the Penal Code, as amended by Act No. 3440/2008, establishes penalties of up to five years’ imprisonment or fines for anyone who produces pornographic publications representing children under 18 years, disseminates such materials, or organizes spectacles in which a child under 18 years performs pornographic performances. It further notes that section 2 of Act No. 3440/2008 repeals Act No. 2861/06. It notes with concern that the penalties provided for by section 140 of the Penal Code, as amended by Act No. 3440/2008, are lower than those which were established by Act No. 2861/06. Noting that the new Penal Code reduces the punishment for child pornography compared to the penalties established in Act No. 2861/06, the Committee hopes that the Government will consider legislative amendments that include penalties proportional to the harm inflicted on the victim. Furthermore, it requests the Government to provide information on the effect given in practice to section 140 of the Penal Code by providing, inter alia, statistics on the number and nature of the infringements reported, investigations conducted, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that the national legislation does not contain provisions giving effect to this provision of the Convention.

The Committee notes the information contained in the Government’s report that various activities have been carried out to prevent and combat the recruitment of children for the purpose of trafficking in drugs, including through training special units dealing with children, adolescents and women within the police. The Committee notes, however, that the Government provides no information on any legislation adopted to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. It reminds the Government that, under the terms of Article 3(c) of the Convention, the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is considered as one of the worst forms of child labour and that, under Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Accordingly, it urges the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention as well as to establish penalties for this purpose, and to provide information on any developments in this regard.

Articles 3(d) and 4. Hazardous types of work. The Committee previously noted that Decree No. 4951 of 22 March 2005, issued under Act No. 1657/2001 approving the list of hazardous types of work, contains a detailed list of hazardous types of work prohibited for young persons under 18 years of age, including work in mines. However, it noted that section 87 of Act No. 93/14 on mines provides that children under 10 years of age shall not be employed in mines and children under 14 years of age on work inside mines. Noting the absence of information on this point in the Government’s report and recalling that the Convention prohibits the employment of young persons under 18 years of age in hazardous types of work, and that Decree No. 4951 of 22 March 2005 prohibits work by young persons under 18 years of age in mines, the Committee once again requests the Government to indicate whether Act No. 93/14 on mines is still in force.

Article 4(2). Identification of where hazardous types of work exist. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged with a view to identifying where the hazardous types of work determined exist, in consultation with the organizations of employers and workers concerned. The Committee notes the Government’s information that, in the framework of the Programme to Strengthen Public Policies on Childhood and Adolescence funded by the Inter-American Bank of Development (BID), the National Committee for Childhood and Adolescence (SNNA) and the National Committee for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (CONAETI) planned two exploratory studies to locate and evaluate the situation of children and adolescents who work in the limestone quarries and the brick factories in the north of Paraguay (Concepción) and in the Department of Cordillera (Tobatí). The prioritization of these types of hazardous work and the location of the respective areas responds to the situations of exploitation reported to the municipal Advisory Centres for the Rights of Childhood and Adolescence (CODENIS), as well as to the CONAETI, UNICEF and OIT–Paraguay. The implementation of the studies started in October 2009. The Committee requests the Government to provide information on the results of these studies.

Article 6. Programmes of action. The Committee notes the information contained in the Government’s report that in 2009 the CONAETI has started drafting the National Strategy for Prevention and Elimination of Child Labour and Improvement of the Work of Young Persons in Paraguay (National Strategy), which is the extension of the National Plan for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (2003–08). It also notes that the ILO–IPEC projects on Combating the worst forms of child labour through horizontal cooperation in South America 2009–13 and on Development, awareness raising and support for the implementation of the Global Action Plan on the elimination of the worst forms of child labour by 2016, are being carried out in Paraguay. It requests the Government to provide information on the programmes of action for the elimination of the worst forms of child labour undertaken in the context of the implementation of the National Strategy and results achieved, as well as on the implementation of the ILO–IPEC projects referred to above.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Indigenous children. The Committee previously noted that, in his report of 9 December 2004 (E/CN.4/2005/78/Add.1), the Special Rapporteur on the sale of children, child prostitution and child pornography indicated that the children of indigenous peoples, who are in constant growth in Paraguay, are subject to discrimination, suffer from malnutrition and do not attend school frequently. Many leave their families to go and live in towns and are exposed to very dangerous situations in view of their vulnerability. Having noted that indigenous children are often victims of exploitation, which may take on very different forms, and are at risk of being engaged in the worst forms of child labour, the Committee requested the Government to take the necessary measures to protect these children.

The Committee notes the Government’s information that the Indigenous Unit within the SNNA, inter alia, assists indigenous children and adolescents and their families. It also notes that one of the groups targeted by the ILO–IPEC project Combating the worst forms of child labour through horizontal cooperation in South America 2009–13 are indigenous people. It requests the Government to provide information on the activities of the SNNA and on the implementation of the ILO–IPEC project on Combating the worst forms of child labour through horizontal cooperation in South America 2009–13 in terms of preventing the engagement of indigenous children in the worst forms of child labour, removing them from such labour, and providing the necessary and appropriate direct assistance to ensure their rehabilitation and social integration.

2. Street children. The Committee previously noted the Government’s information that 50 per cent of the 265,000 children who work in the country did not have skills and worked in services or as street traders. It further noted the Government’s indication that in 2006 the Programme for the Progressive Reduction of Child Labour in the Streets (ABRAZO) – which is aimed at helping families in situations of extreme poverty by providing them with financial allowances, including the solidarity allowance subject, inter alia, on condition that the children stop working in the streets and attend school – benefited a total of 1,340 boys and girls engaged in work. Moreover, their families, numbering 665, received a financial allowance, with 391 families receiving a solidarity allowance. The Committee notes with interest the Government’s information that in 2009 the ABRAZO Programme directly benefited 1,780 working boys and girls and 853 families. Moreover, 540 families received monthly allowances to avoid their children working or begging in the streets. It further notes the information provided by the Government that the Plan for the Social Inclusion of Childhood, run by the SNNA, also targets children working in the streets and, inter alia, is aimed at strengthening the ABRAZO Programme. Among the various activities carried out in the framework of this Plan to protect and prevent the risk of children being in the streets, of the 1,780 children reached by the Programme ABRAZO, 1,520 were removed from the streets in July 2009. The Committee however, also notes that the CRC, in its concluding observations of 29 January 2010, while welcoming the strategy to address the situation of children in the street, expressed its concern at the high number of children living or working in the street, constantly exposed to violence, sexual exploitation, discrimination and police brutality (CRC/C/PRY/CO/3, paragraph 68). The Committee accordingly requests the Government to redouble its efforts to remove children from the streets and provide for their rehabilitation and social integration, and to continue to provide information on the number of children removed from the streets and given education pursuant to the implementation of programmes and projects such as the abovementioned ones.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted that, according to a 2005 study on the trafficking of persons in Paraguay by the NGO Grupo Luna Nueva referred to by the International Trade Union Confederation (ITUC) in its comments, the trafficking of persons, including boys and girls, at both the international and domestic levels, was on the increase in the country. The number of cases of trafficking reported increased from eight in 2002, involving 12 girls under 18 years of age, to 118 in 2005, involving 145 girls under 18 years of age. According to the same study, Paraguay is a country of origin and of destination. Of the 145 girls involved in the cases of trafficking of persons reported in 2005, around 62 per cent were taken to Argentina, approximately 28 per cent were displaced within the country and 10 per cent were removed to other countries, including Brazil. The Committee observed that, although section 129 of the Penal Code prohibits the international trafficking of persons for prostitution, it does not prohibit the international trafficking of persons for economic exploitation or domestic trafficking. Noting the convergent information demonstrating the existence of the international and domestic trafficking of young persons under 18 years of age for both economic and sexual exploitation, the Committee observed that the national legislation applicable to this worst form of child labour displayed shortcomings.

The Committee notes the Government’s information that the Inter‑institutional Roundtable for Trafficking for the Prevention and Combatting of Trafficking in Persons (Roundtable for Trafficking), which is coordinated by the Ministry of External Affairs, was created in 2005 with the objective of elaborating policies, programmes and projects to prevent, punish and combat trafficking in persons. It notes with satisfaction that, as indicated by the Report for 2004–08 of the Roundtable for Trafficking supplied by the Government (Roundtable for Trafficking Report) new sections 129b and 129c of the Penal Code, as inserted by Act No. 3440/08, punish trafficking for the purposes of prostitution, slavery and forced labour through means of force, threats, deception, or trickery, prescribing penalties of up to 12 years’ imprisonment. The same penalty applies to anyone who acts for commercial purposes or as a part of an organized group. Moreover, the consent of the victim does not constitute anymore a mitigating circumstance. The Committee notes the Government’s indication that the Legislative Committee of the Roundtable for Trafficking at present is reviewing a bill on combating trafficking of persons, which would cover all aspects of trafficking, including prevention, investigation, sanctions, assistance and social rehabilitation of victims. The Committee requests the Government to provide information on any developments in adopting the Bill on combating trafficking in persons and to supply a copy of it once adopted.

Clause (b). Use, procuring or offering of children for prostitution. The Committee previously noted the ITUC’s comments that the majority of child victims of prostitution were girls; however, also transsexual boys began to work in prostitution from the age of 13 years and were often the victims of trafficking to Italy. It further noted that, according to a study carried out by ILO–IPEC in June 2002 on the commercial sexual exploitation of girls and boys and to the Report of the Special Rapporteur on the sale of children, child prostitution and child pornography of 9 December 2004 (E/CN.4/2005/78/Add.1), two out of three sex workers were minors. It also noted that, since 2004, as a result of the awareness-raising campaigns undertaken in the various cities of the country on this subject and the adoption of regulations on the closure of bars and brothels, the problem became more clandestine and children engaged in prostitution were more likely to be found in flats and on the outskirts of towns. Finally, the Committee observed that, although the national legislation is in conformity with the Convention, the use, procuring or offering of children under 18 years of age for prostitution still occurred in practice.

The Committee notes the Government’s information that in 2009 the National Committee for Childhood and Adolescence (SNNA) reactivated the Inter-institutional Roundtable for the Elimination of the Commercial Sexual Exploitation of Children, one of the objectives of which is to be recognized at the national level. It further notes the Government’s indication that a study on transsexual child victims of sexual exploitation was carried out in collaboration with the ILO. The Committee notes that, according to the Roundtable for Trafficking Report, the Government of Paraguay jointly with the government members and associates of MERCOSUR, are carrying out the Niño Sur initiative to defend the rights of children and adolescents in the region. The initiative aims to raise awareness of commercial sexual exploitation, improve country legal frameworks, and exchange best practices to tackle issues related to victim protection and assistance. The Paraguayan Ministry of Tourism is part of the Joint Group for the Elimination of Commercial Sexual Exploitation of Children in Tourism, which conducts prevention and awareness-raising campaigns to combat the commercial exploitation of children in Latin America. The Committee requests the Government to provide information on any activities carried out by the Inter-institutional Roundtable for the Elimination of the Commercial Sexual Exploitation of Children, in the framework of the Niño Sur initiative and by the Joint Group for the Elimination of Commercial Sexual Exploitation of Children in Tourism, and the results achieved. It also requests the Government to provide information on the results of the study on transsexual child victims of sexual exploitation, and on any action taken following this study. It finally requests the Government to provide information on the application of sanctions in practice, including, for instance, reports on the number of convictions.

Article 5. Monitoring mechanisms. Trafficking and commercial sexual exploitation. The Committee previously noted the ITUC’s comments that very few controls were carried out at borders, which made it very easy to transport children from Ciudad del Este or from Pedro Juan Caballero to Foz de Iguazú in Brazil, and from Encarnación and Puerto Falcón to Posadas and Clorinda in Argentina. It noted the ITUC’s indication that Argentinian customs officers regularly apprehend minors who have crossed the Paraguayan border without being intercepted and either do not have identity documents or have documents belonging to other persons. By way of example, according to a study carried out by the International Organization for Migration (IOM), up to November 2004 Argentinian customs officers on the borders of Puerto and Falcón–Clorinda refused entry to around 9,000 persons, of whom 40 per cent were minors without proper documentation. The ITUC added that several Paraguayan officials in the Department of Migration and Identification and the Department of Immigration believed that they did not have the authority to intervene in cases of trafficking and supposed that the offence of the trafficking of persons could only be committed in the country of destination of the victims. Accordingly, victims of trafficking were unlikely to lodge complaints as they lacked confidence in the judicial system and feared reprisals from the traffickers. The Committee further noted the ITUC’s information that few cases of trafficking of persons were reported and there were few prosecutions also due to the lack of awareness of the phenomenon in society, particularly among the police. It finally noted the ITUC’s statement that the police did not have personnel specialized in investigations into the commercial sexual exploitation of children and that law enforcement agencies did not clearly understand that children engaged in prostitution may be victims of crime and that, in practice, they were often treated as prostitutes and criminals.

The Committee notes the information contained in the Roundtable for Trafficking Report that a special Unit for Trafficking of Persons has been created within the police. It further notes the information contained in the Government’s report that, in the framework of an inter-institutional five-year project to address situations of abuses against children, adolescents and women (2008–13), special units dealing with children, adolescents and women have been created and trained. These units will also intervene in cases of the commercial sexual exploitation of children. It finally notes that one of the objectives of the
ILO–IPEC project “Combating the worst forms of child labour through horizontal cooperation in South America 2009–13”, is strengthening the labour inspection and other law enforcement agencies, such as labour courts, judges and prosecutors. The Committee requests the Government to redouble its efforts to strengthen the capacity of the law enforcement agencies, particularly the police, the judiciary and custom officers in combating the trafficking and commercial sexual exploitation of children, and to provide information on any further measures taken in this regard. It also requests the Government to provide information on the results of the ILO–IPEC project “Combating the worst forms of child labour through horizontal cooperation in South America” in terms of strengthening law enforcement agencies.

Article 7(1). Penalties. Trafficking. The Committee previously noted the ITUC’s indication that, between 2002 and 2004, penal sanctions were only imposed in 21 cases of trafficking. It notes the information contained in the Roundtable for Trafficking Report that, according to data of the SNNA, the Women Unit, and the Attorney-General’s Office, 84 cases of trafficking persons for sexual and labour exploitation, which involved 103 women and 43 children and adolescents (42 girls and one boy under 18 years of age), were reported between 2004 and 2008. According to the same source, in February 2009, 15 persons were condemned for trafficking of persons, whilst another 50 were being prosecuted by the Attorney-General. However, the Attorney-General’s Office indicate that only 50 per cent of the cases of trafficking occurring between 2004 and 2008 had been brought before the judicial authorities. The Roundtable for Trafficking Report also indicates that, whilst actions taken in 2008 to address trafficking led to an increase in the number of cases reported in the same year compared with previous years, the number of non-reported cases of trafficking is still very relevant. The Committee notes information contained the Government’s report that, according to data provided by the Anti-Trafficking Prosecutorial Unit established by the Paraguayan Attorney-General’s Office in 2008, between 2008 and 2009, 22 trials regarding cases of trafficking were concluded with the punishment of the offenders.

The Committee, however, notes that, according to the 2009 report on trafficking of persons in Paraguay, available on the Office of the High Commissioner for Refugees website (www.unhcr.org) (Trafficking Report 2009), during 2008 some government officials, including police, border guards and elected officials reportedly facilitated trafficking crimes by accepting payments from traffickers; other officials reportedly undermined investigations or alerted suspected traffickers of impending arrests. Despite the serious nature of such allegations, Paraguayan authorities took only some limited steps to investigate acts of trafficking-related corruption and there were no prosecutions related to official complicity in trafficking offences. It also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 29 January 2010, while welcoming the measures adopted by Paraguay to combat trafficking, was concerned that Paraguay continued to be a source and destination country for women and children victims of trafficking for sexual exploitation and forced labour and urged the state party, amongst others, to investigate and prosecute all cases of trafficking of children to avoid impunity (CRC/C/PRY/CO/3, paragraphs 72 and 73). The Committee expresses its deep concern at the weakness of the national institutions responsible for enforcing the legislation on trafficking, as well as at allegations of complicity of government officials with human traffickers. The Committee therefore urges the Government to redouble its efforts to strengthen the capacity of law enforcement agencies in order to ensure that persons who traffic in children for the purposes of labour or sexual exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. In finally requests the Government to continue to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from becoming engaged in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee previously noted that one of the objectives of the ILO–IPEC project on the prevention and elimination of domestic work by children and the commercial sexual exploitation of children was to prevent the engagement of children in commercial sexual exploitation and to remove children who are already engaged in this activity. It noted that, during the course of 2006, around 150 children were removed from this worst form of child labour and received psychological help and assistance in their schooling. At the beginning of 2007, around 50 children were detected in situations of commercial sexual exploitation. The Committee also noted that shelters for child victims of commercial sexual exploitation were established.

The Committee notes the Government’s information that a trafficking unit has been created within the SNNA, aimed at assisting child victims of trafficking until their social integration. The operational plan of the SNNA for 2009 is also aimed at strengthening this unit with appropriate human resources. Moreover, in order to prevent trafficking of children and assist child victims of trafficking, regional offices of the SNNA were created in the border departments of Alto Paraná, Ciudad del Este and Encarnación. The Committee notes the Government’s information that, according to the data of the trafficking unit of the SNNA, between 2007 and 2008, 20 cases of children or adolescents victims of trafficking were reported and addressed, while 24 cases were reported between January and August 2009.

The Committee notes the Government’s indication that two programmes were launched with the support of the EU and in collaboration with ILO–IPEC. The first – Alas Abiertas – is aimed at eliminating the trafficking and commercial sexual exploitation of children in Encarnación and is carried out by the NGOs BECA and CECTEC. The second is aimed at eliminating the internal trafficking of children through the rehabilitation of child victims of trafficking and is implemented by the NGOs Luna Nueva and INECIP. As a result of the second project: (a) the number of child victims of trafficking and commercial sexual exploitation decreased; (b) assistance to child victims of trafficking and commercial sexual exploitation improved; and (c) enforcement mechanisms were improved. The Committee notes the Government’s information that the SNNA funds NGOs in charge of preventing the trafficking and commercial sexual exploitation of children and protecting and assisting child victims of these worst forms of child labour. In this framework, the Foundation Arco Iris is carrying out a one-year project (May 2009–May 2010) for assisting, through medical, psychological and legal assistance, children and adolescents victims of trafficking, and ensuring their rehabilitation and social integration, while Luna Nueva is in charge of providing a shelter for child victims of commercial sexual exploitation. The Committee requests the Government to provide information on the number of child victims of trafficking and commercial sexual exploitation who have been effectively removed, rehabilitated and socially integrated as a result of the measures implemented.

Clause (d). Children at special risk. Children working in domestic service – the “criadazgo” system. In its previous comments, the Committee noted the ITUC’s indication that, according to a study carried out between 2000 and 2001, over 38,000 children between the ages of 5 and 17 years worked in domestic service in the houses of others. Moreover, children engaged under the “criadazgo” system, lived and worked in the houses of others in exchange for accommodation, food and basic education. The numbers involved were not known since, as these children were normally considered not to be working, they were not taken into account in statistics. However, the ITUC indicated that a study undertaken in 2002 by the Documentation and Studies Centre showed that nearly 60 per cent of children working in domestic service and those engaged under the “criadazgo” system were aged 13 years and under. According to the ITUC, in so far as these children do not control their conditions of employment, a majority of them work under conditions of forced labour. The Committee noted that section 2(22) of Decree No. 4951 of 22 March 2005, issued under Act No. 1657/2001 and approving the list of hazardous types of work, provides that domestic work by children and work under the “criadazgo” system are considered to be hazardous types of work. It also noted that, according to ILO–IPEC information relating to the implementation of the project on the prevention and elimination of domestic work by children and the commercial sexual exploitation of children, children at risk of being engaged in domestic service and children who worked as domestics were enrolled in school.

The Committee notes the Government’s information that a study on child domestic work in urban and rural areas of Paraguay was carried out in collaboration with ILO–IPEC in 2005. It notes that this study indicates that, according to data of 2002, almost 11 per cent of children between 10 and 17 years work as remunerated domestic workers. Moreover, approximately one third of the child domestic workers are employed as remunerated domestic workers, whilst two-thirds work under the “criadazgo” system. The Committee further notes that the CRC, in its concluding observations of 29 January 2010, expressed its deep concern on the persistence of the practice of “criadazgo” and recommended the state party to continue to eliminate this practice (CRC/C/PRY/CO/3, paragraphs 66 and 67). Noting the absence of information on this point, the Committee urges the Government to take effective and time-bound measures to protect children working as domestic workers or under the “criadazgo” system from the worst forms of child labour. It also requests the Government to provide information on the manner in which the enforcement of section 2(22) of Decree No. 4951 of 22 March 2005, which prohibits children under 18 years from performing domestic work and work under the “criadazgo” system as types of hazardous work, is ensured in practice, including information on the number and nature of penalties applied.

Clause (e). Special situation of girls. The Committee previously noted that, according to the ITUC’s comments, activities relating to commercial sexual exploitation are linked to international trafficking networks and particularly affect girls. Noting that no information was provided on this point, the Committee requests the Government to provide information on the manner in which it intends to pay particular attention to such girls and thereby prevent them from being engaged in commercial sexual exploitation and remove them from this worst form of child labour.

Article 8. Enhanced international cooperation. Following its previous comments, the Committee notes with interest that the Government is carrying out various projects of regional cooperation to combat the trafficking of children for sexual exploitation. It notes the Government’s information that the project “Ciudades gemelas”, which is aimed at establishing a regional strategy for combating trafficking of children and adolescents for sexual exploitation in MERCOSUR and is funded by the Inter-American development Bank (BID), is at its initial stage. It involves 14 border cities of MERCOSUR (Argentina, Brazil, Uruguay and Paraguay), including Ciudad des Este (Paraguay), Foz de Iguazu (Brazil) and Puerto Iguazú (Argentina). The project is aimed at preventing and addressing trafficking through the mobilization, organization, strengthening and integration of local networks and services. The Committee notes the Government’s information that the project called “Exchange of experiences and legal Argentinian framework on combating trafficking, with special emphasis on children and adolescents” between Paraguay (through the SNNA) and Argentina, is awaiting approval. This is aimed, among others, at: training Paraguayan officials at the National Committee for Childhood, Adolescence and Family in Argentina; elaborating a bill on trafficking in persons for Paraguay; developing protocols for assistance to victims of trafficking; and a procedural manual for assisting victims. The Committee requests the Government to continue to supply information on the measures taken to eliminate the cross-border trafficking of children, and on results achieved.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistics supplied by the Government on children involved in trafficking between 2008 and 2009. It requests the Government to continue to provide information on the nature, extent and trends of the worst forms of child labour, including updated statistics on the number of children under 18 years involved in domestic work, working under the “criadazgo” system, and involved in commercial sexual exploitation.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. In its comments, the International Trade Union Confederation (ITUC) indicates that military service is compulsory for men over 18 years of age. However, in practice, children between the ages of 12 and 17 years are recruited through various means, including the use of force and the persuasion of parents to authorize their recruitment. The ITUC indicates that, although in recent years the recruitment of children in the armed forces has decreased, the practice still exists. A study carried out by the Inter‑Institutional Human Rights Commission in military barracks in March 2005 showed that, out of 1,458 conscripts, 168 were under 18 years of age. According to the ITUC, children enrolled in the armed forces are obliged to perform work for the benefit of their superiors, for which they are not paid.

In its reports, the Government indicates that section 3 of Act No. 569/75 on compulsory military service provides that military service is compulsory for persons aged between 18 and 50 years. Moreover, the Government adds that, although the national legislation prohibits the recruitment of young persons under 18 years of age into the armed forces, cases of forced recruitment into military service occur in practice. The Government adds that the Inter-Institutional Human Rights Commission has identified irregularities in recruitment procedures, consisting of falsifying identity documents for persons under 18 years of age so as to raise their age. The Committee observes that section 250 of the Penal Code prohibits and penalizes the falsification of public documents. The Committee requests the Government to take the necessary measures to enforce the legislation prohibiting the forced recruitment of young persons under 18 years of age into the armed forces. It also requests the Government to adopt appropriate penalties for violations of this prohibition.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes with interest the adoption of Act No. 2861/06 punishing the trading and commercial and non-commercial dissemination of pornography using the image or other representations of minors or persons with disabilities. In particular, it notes that sections 1 and 3 of this Act criminalize the use of boys, girls and young persons for the production of pornography or pornographic performances. Furthermore, under sections 2 and 6 of the Act, the dissemination and possession of such materials are also penalized. The Committee requests the Government to provide information on the effect given in practice to Act No. 2861/06 by providing, inter alia, statistics on the number and nature of the infringements reported, investigations conducted, prosecutions, convictions and penal sanctions applied.

Clause (c). Use, procuring or offering of a child for illicit activities. While noting the information contained in the Government’s report, the Committee notes that the national legislation does not contain provisions giving effect to this provision of the Convention. It therefore requests the Government to indicate the measures adopted or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee also requests the Government to establish penalties for this purpose.

Article 3(d) and Article 4. Hazardous types of work. The Committee notes that Decree No. 4951 of 22 March 2005, issued under Act No. 1657/2001 approving the list of hazardous types of work, contains a detailed list of hazardous types of work prohibited for young persons under 18 years of age, including work in mines. However, it notes that section 87 of Act No. 93/14 on mines provides that children under 10 years of age shall not be employed in mines and children under 14 years of age on internal work. Recalling that the Convention prohibits the employment of young persons under 18 years of age in hazardous types of work, and that Decree No. 4951 of 22 March 2005 prohibits work by young persons under 18 years of age in mines, the Committee requests the Government to indicate whether Act No. 93/14 on mines is still in force.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information in relation to the identification of where hazardous types of work exist. It therefore requests the Government to indicate the measures adopted or envisaged with a view to identifying where the hazardous types of work determined exist, in consultation with the organizations of employers and workers concerned.

Article 6. Programmes of action. National Plan for the Prevention and Elimination of Child Labour and the Protection of Work by Young Persons. The Committee notes that the National Commission for the Prevention and Elimination of Child Labour and the Protection of Work by Young Persons (CONAETI) has prepared a National Plan for the Prevention and Elimination of Child Labour and the Protection of Work by Young Persons (2003–08). It requests the Government to provide information on the programmes of action for the elimination of the worst forms of child labour undertaken in the context of the implementation of the National Plan and the results achieved.

Article 7, paragraph 1. Sanctions. The Committee notes that section 5 of Decree No. 4951 of 22 March 2005 provides that the competent authorities shall identify and penalize persons responsible for failure to give effect to provisions prohibiting work by children in hazardous types of work. However, it notes that no provision of this Decree establishes the sanctions applicable in the event of the violation of this prohibition. The Committee requests the Government to indicate the provisions of the national legislation establishing the sanctions applicable to persons found guilty of violations of Decree No. 4951 of 22 March 2005.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. 1. Indigenous children. The Committee notes that, in his report of 9 December 2004 (E/CN.4/2005/78/Add.1), the Special Rapporteur on the sale of children, child prostitution and child pornography indicates that the children of indigenous peoples, who are in constant growth in Paraguay, are subject to discrimination, suffer from malnutrition and do not attend school frequently. Many leave their families to go and live in towns and are exposed to very dangerous situations in view of their vulnerability. Noting that indigenous children are often victims of exploitation, which make take on very different forms, and are at risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children.

2. Street children. The Committee notes that, according to the information provided by the Government in its report, 50 per cent of the 265,000 children who work in the country do not have skills and work in services or as street traders. It notes the Government’s indication that it has established the Programme for the Progressive Reduction of Child Labour in the Streets (ABRAZO), the objective of which is to help families in situations of extreme poverty by providing them with financial allowances, one of which, the solidarity allowance, is subject to certain conditions, and particularly that the children stop working in the streets and attend school. The Committee notes with interest that in 2006 a total of 1,340 boys and girls engaged in work benefited directly from this programme and that their families, numbering 665, received a financial allowance, with 391 families receiving a solidarity allowance. Furthermore, day centres provided over 21,000 lunches and 22,400 afternoon snacks. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to redouble its efforts to protect them from the worst forms of child labour.

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

The Committee notes the Government’s first and second reports and the attached documentation. It also notes the observations made by the International Trade Union Confederation (ITUC) dated 30 August 2006.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, in his report of 9 December 2004 (E/CN.4/2005/78/Add.1), the Special Rapporteur on the Sale of children, child prostitution and child pornography indicates that, according to evidence gathered in the various cities during his visit to Paraguay, the trafficking of children is a widespread problem in the country. One of the reasons for this phenomenon is that the country’s borders are permeable and checks by immigration officials are rare.

The Committee notes that, in its comments, the ITUC refers to a 2005 study on the trafficking of persons in Paraguay undertaken by the NGO Grupo Luna Nueva on behalf of the International Organization for Migration (IOM). According to this study, trafficking of persons, including boys and girls, at both the international and domestic levels, is on the increase in the country. The number of cases of trafficking reported increased from eight in 2002, involving 42 women, of whom 12 were minors, to 118 in 2005, involving 495 women, of whom 145 were under 18 years of age. Furthermore, according to the same study, Paraguay is a country of origin and of destination. Of the 145 girls involved in the cases of trafficking of persons reported in 2005, around 62 per cent were taken to Argentina, approximately 28 per cent were displaced within the country and 10 per cent were removed to other countries, including Brazil. Furthermore, even though in order to leave the country children under 18 years of age require parental authorization, signed by the judicial authority, and their identity documents, this requirement is not applied in practice. The ITUC also emphasizes that the penal legislation does not prohibit the international trafficking of persons for economic exploitation or internal trafficking, and does not penalize accomplices involved in the process of trafficking. In the view of the ITUC, the reasons for which few cases of the trafficking of persons are reported and that there are few prosecutions are the absence of adequate legislation and the lack of awareness of the phenomenon in society, and particularly among the police. By way of illustration, the ITUC indicates that between 2002 and 2004, penal sanctions were only imposed in 21 cases of trafficking.

The Committee notes that section 129 of the Penal Code prohibits the use of force or threats with a view to causing a person to leave or to enter the national territory for the purposes of prostitution. It also notes that section 2(15) of Decree No. 4951 of 22 March 2005, issued under Act No. 1657/2001 approving the list of hazardous types of work, provides that activities involving the displacement of a child to other countries and the periodic movement of a child within national frontiers, are considered to be hazardous types of work. The Committee observes that, although section 129 of the Penal Code prohibits the international trafficking of persons for prostitution, it does not prohibit the international trafficking of persons for economic exploitation or domestic trafficking.

The Committee notes that convergent information demonstrates the existence of the international and domestic trafficking of young persons under 18 years of age for both economic and sexual exploitation. In this respect, it reminds the Government that Article 3(a) of the Convention requires the Government to prohibit the international and domestic sale and trafficking of young persons under 18 years for economic and sexual exploitation. The Committee observes that the national legislation applicable to this worst form of child labour displays shortcomings, which may give rise to problems in its implementation, particularly with regard to the manner in which these offences are addressed. The Committee notes that bills on tourism and sexual exploitation, including the trafficking of persons, has been prepared and is under discussion in the various government bodies. The Committee hopes that in the bills the Government will take into consideration the Committee’s comments and will prohibit the sale and trafficking of young persons under 18 years for economic and sexual exploitation. Furthermore, it also encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years against sale and trafficking for both economic and sexual exploitation and requests it to provide information on the application of sanctions in practice and, among other information, to provide reports on the number of convictions.

Clause (b). Use, procuring or offering of children for prostitution. The Committee notes that, in his report of 9 December 2004 (E/CN.4/2005/78/Add.1), the Special Rapporteur on the Sale of children, child prostitution and child pornography indicates that two out of three sex workers are minors. Most of the young persons who are victims of sexual exploitation are aged between 16 and 18 years and began working in the sex trade between the ages of 12 and 13. Children as young as 8 years of age are also involved.

The Committee notes the ITUC’S indication in its communication that, although the number of children engaged in prostitution varies, around half of those engaged in prostitution in Paraguay are minors. According to a study carried out by ILO/IPEC in June 2002 on the commercial sexual exploitation of girls and boys, out of every three persons who work in the sex industry, two are minors. Since 2004, as a result of the awareness-raising campaigns undertaken in the various cities of the country on this subject and the adoption of regulations on the closure of bars and brothels, the problem has become more clandestine. Children engaged in prostitution are now more likely to be found in flats and on the outskirts of towns. According to the ITUC, the majority of children who are victims of prostitution are girls, but the available information indicates that transsexual boys begin to work in prostitution from the age of 13 years and are often the victims of trafficking to Italy. The ITUC adds that the consequences of the sexual exploitation of children are very clear. In addition to physical and psychological ill-treatment, the majority of those engaged in this worst form of child labour drink, smoke and take drugs. Moreover, the ITUC indicates that the police do not have personnel specialized in investigations into the commercial sexual exploitation of children and the law enforcement agencies do not clearly understand that children engaged in prostitution may be victims of crime and that, in practice, they are often treated as prostitutes and criminals.

The Committee notes that sections 139 and 140 of the Penal Code prohibit the procuring and exploitation of persons engaged in prostitution. It notes that, although the national legislation is in conformity with the Convention, the use, procuring or offering of children under 18 years of age for prostitution still occurs in practice. The Committee expresses serious concern at the situation of children who are the victims of sexual exploitation in Paraguay, particularly for commercial purposes. It requests the Government to redouble its efforts to improve the situation and to take the necessary measures to ensure that effect is given to the legislation in practice and to protect children under 18 years of age from being used, procured or offered for prostitution. The Committee also requests the Government to provide information on the application of sanctions in practice including, for instance, reports on the number of convictions. Furthermore, it requests the Government to indicate whether the national legislation contains provisions criminalizing the client in the event of prostitution.

Article 5. Monitoring mechanisms. Commercial sexual exploitation. In its comments, the ITUC indicates that very few controls are carried out at borders. It is therefore very easy to transport children from Ciudad del Este or from Pedro Juan Caballero to Foz de Iguazú in Brazil, and from Encarnación and Puerto Falcón to Posadas and Clorinda in Argentina. Moreover, the Argentinian customs officers regularly apprehend minors who have crossed the Paraguayan border without being intercepted and either do not have identity documents or have documents belonging to other persons. By way of example, the ITUC indicates that, according to the IOM study, up to November 2004, Argentinian customs officers on the borders of Puerto and Falcón–Clorinda refused entry to around 9,000 persons, of whom 40 per cent were minors without proper documentation. The ITUC adds that several Paraguayan officials in the Department of Migration and Identification and the Department of Immigration believe that they do not have the authority to intervene in cases of trafficking and suppose that the offence of the trafficking of persons can only be committed in the country of destination of the victims. Accordingly, victims of trafficking are unlikely to lodge complaints as they lack confidence in the judicial system and fear reprisals from the traffickers. The Committee expresses concern at the weakness of the national institutions responsible for enforcing the legislation on the commercial sexual exploitation of children. It requests the Government to take the necessary measures to reinforce these institutions, and particularly the police, the judiciary and customs officers, and to provide information on this subject.

Article 6. Programmes of action. National Plan for the Prevention and Elimination of the Sexual Exploitation of Girls, Boys and Young Persons. The Committee takes due note of the National Plan for the Prevention and Elimination of the Sexual Exploitation of Girls, Boys and Young Persons, and the information provided on the progress achieved as a result of its implementation. It requests the Government to continue providing information on the National Plan, on programmes of action for the elimination of the commercial sexual exploitation of children undertaken in the context of the National Plan and on the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that Paraguay participated in the ILO/IPEC project on the Prevention and elimination of the commercial sexual exploitation of children on the borders between Argentina, Brazil and Paraguay. It takes due note of the fact that this project contributed to the removal of several children from this worst form of child labour on the borders between these countries and to the provision of psychological assistance to the beneficiaries of the programme.

Clauses (a) and (b). Preventing children from becoming engaged in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. 1. Commercial sexual exploitation. The Committee notes that one of the objectives of the ILO/IPEC project on the Prevention and elimination of domestic work by children and the commercial sexual exploitation of children is to prevent the engagement of children in commercial sexual exploitation and to remove children who are already engaged in this activity. The Committee notes that, during the course of 2006, around 150 children were removed from this worst form of child labour and received assistance, particularly psychological help and assistance in their schooling. At the beginning of 2007, around 50 children were detected in situations of commercial sexual exploitation. The Committee also notes that shelters for child victims of commercial sexual exploitation have been established. However, it observes that little information is available on this subject. The Committee requests the Government to continue providing information on the results achieved in the context of the implementation of this project in terms of: (a) preventing children from becoming victims of commercial sexual exploitation; and (b) providing the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. It also requests the Government to provide information on the shelters for child victims of commercial sexual exploitation, with an indication, for instance, of the number of children admitted to the shelters whether specific medical and social follow-up programmes have been prepared and implemented for these children and whether the latter receive basic education or have access to vocational training.

2. Tourism. As the country benefits from a certain level of tourism, the Committee requests the Government to indicate whether measures have been taken to raise the awareness of the actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, associations of taxi drivers, as well as owners of bars and restaurants and their employees, on the subject of sexual exploitation.

3. Teaching materials, training and awareness raising. The Committee duly notes the many preventive measures adopted with a view to preventing children from becoming victims of commercial sexual exploitation. In particular, it notes the following measures: (i) the formulation and publication of educational materials on the sexual exploitation of children; (ii) training activities on the commercial sexual exploitation of children organized for police officers in certain departments of the country and for the national police; and (iii) awareness-raising campaigns for the population. The Committee requests the Government to intensify its training and awareness-raising activities for the population and civil society.

Clause (d). Children at special risk. Children working in domestic service – the “criadazgo” system. The Committee notes the ITUC’s indication in its communication that, according to a study carried out between 2000 and 2001, over 38,000 children between the ages of 5 and 17 years worked in domestic service in the houses of others. Moreover, another group of children who are very vulnerable to exploitation, namely those engaged under the “criadazgo” system, live and work in the houses of others in exchange for accommodation, food and basic education. The numbers involved are not known since, as these children are normally considered not to be working, they are not taken into account in statistics. However, the ITUC indicates that a study undertaken in 2002 by the Documentation and Studies Centre shows that nearly 60 per cent of children working in domestic service and those engaged under the “criadazgo” system are aged 13 years and under. According to the ITUC, in so far as these children do not control their conditions of employment, a majority of them work under conditions of forced labour. The Committee notes that section 2(22) of Decree No. 4951 of 22 March 2005, issued under Act No. 1657/2001 and approving the list of hazardous types of work, provides that domestic work by children and work under the “criadazgo” system are considered to be hazardous types of work. The Committee also notes that, according to ILO/IPEC information relating to the implementation of the project on the prevention and elimination of domestic work by children and the commercial sexual exploitation of children, a system for the school enrolment of children has been developed and approved by the National Commission on the Elimination of Child Labour and the Ministry of Labour. Under this system, children at risk of being engaged in domestic service and children who worked as domestics have been enrolled in school.

The Committee takes due note of the measures adopted by the Government to protect children working as domestics against the worst forms of child labour. However, observing that children engaged in domestic work are often the victims of exploitation, which takes on widely varying forms, it requests the Government to redouble its efforts to protect these children from the worst forms of child labour. The Committee also requests the Government to provide information on the measures adopted in the context of the implementation of the project on the prevention and elimination of domestic work by children and the commercial sexual exploitation of children with a view to: (a) preventing children from being engaged as domestics; and (b) providing the necessary and appropriate direct assistance to remove child domestic workers who are victims of the worst forms of child labour and to ensure their rehabilitation and social integration.

Clause (e). Special situation of girls. The Committee notes that, according to the ITUC’s comments, activities relating to commercial sexual exploitation are linked to international trafficking networks and particularly affect girls. It requests the Government to provide information on the manner in which it intends to pay particular attention to such girls and thereby prevent them from being engaged in commercial sexual exploitation and remove them from this worst form of child labour.

Article 8. Enhanced international cooperation. The Committee notes that Paraguay is a member of Interpol, an organization which contributes to the cooperation between countries of different regions, particularly to combat the trafficking of children. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and the agencies responsible for the implementation of the law, is indispensable to prevent and combat commercial sexual exploitation, including the sale and trafficking of children for that purpose, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee therefore hopes that the Government will take the necessary measures to cooperate with countries sharing borders with Paraguay, thereby reinforcing security measures with a view to bringing an end to this worst form of child labour. It requests the Government to provide information on this subject.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to ILO/IPEC information relating to the project for the prevention and elimination of child domestic labour and the commercial sexual exploitation of children, studies have been carried out on the extent and characteristics of these two forms of child labour. The Committee requests the Government to provide copies of these studies. Furthermore, it requests it to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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