Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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.