Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 138) sur l'âge minimum, 1973 - Paraguay (Ratification: 2004)

Autre commentaire sur C138

Observation

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2013

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted the adoption of the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2010–15) (ENPETI) by the National Council for Children and Young Persons. It also noted with interest that, in the context of an ILO–IPEC project, the Government of Paraguay had participated in an exchange of experience with Brazil, which led to the launching of coordinated action between the ABRAZO programme (for the progressive reduction of child labour on the streets) and the TEKOPORÃ programme (for the conditional transfer of financial resources) with a view to extending the scope of action of the ABRAZO programme to all forms of child labour. It noted that the extension of this programme would begin with the implementation of two pilot programmes: the first in garbage dumps in the city of Encarnación, and the second in brickworks in the Tobatí district.

The Committee notes that the strategic actions contemplated in the context of implementation of the ENPETI are particularly concerned with the identification and care of children engaged in the worst forms of child labour or in situations of risk. The Committee also notes the information supplied by the Government in relation to the implementation of the ABRAZO programme. It notes that this programme now covers ten out of 17 departments of the country. According to information from ILO–IPEC, it has assisted a total of 6,061 children and 3,304 families. Moreover, further to the implementation of the pilot programme in Encarnación, the city garbage dump has been declared “free of child labour” thanks to the joint efforts of civil society, the private sector and local government. The Government also indicates that the national TEKOPORÃ programme designed for households living in extreme poverty is one of the Government’s priority programmes in the context of implementation of its public social development policy. The Committee further notes the study on the scope and features of the work of children and young persons in Paraguay, published in 2013 by ILO–IPEC and the Directorate-General for Statistics of Paraguay, which reproduces the results of the first national survey of child labour conducted in 2011. This study shows that 22.4 per cent of children and young persons under 18 years of age (approximately 417,000) are working below the minimum age for admission to employment or are engaged in one of the worst forms of child labour (16.3 per cent of children in the 5–13 age group and 36.8 per cent in the 14–17 age group). Almost half work in agriculture, stockbreeding, hunting and fishing. Boys working in rural areas are the category most affected by this phenomenon (43.4 per cent of children and young persons under 18 years of age in this category are affected by child labour). The vast majority of children and young persons who are engaged in activity that comes under the heading of child labour perform hazardous work (approximately 90.3 per cent of the 5–13 age group and 91.1 per cent of the 14–17 age group). Furthermore, it appears from the information provided by the Government in its report submitted under the Employment Policy Convention, 1964 (No. 122), that children aged 10 to 14 enter the labour market.

While welcoming the measures adopted by the Government to ensure the effective abolition of child labour, the Committee is bound to express its concern at the large number of children and young persons who are engaged in an economic activity below the minimum age for admission to employment or in hazardous work. The Committee requests the Government to intensify its efforts to improve the situation regarding child labour in the country. It requests the Government to continue providing information on the measures taken and the results achieved in this respect, particularly in the context of implementation of the ENPETI. It also requests the Government to continue to send statistics on the nature and scope of child labour in the country.

Article 9(1) and Part III of the report form. Penalties and labour inspection. In its previous comments, the Committee noted that neither the Children and Young Persons’ Code nor Decree No. 4951 of 22 March 2005 establish any penalties for violations of their provisions. According to the draft guide on inter-institutional intervention in cases of child labour, the penalties that may be imposed for violations of the legislation regulating child labour are laid down in sections 384 to 398 of the Labour Code. Section 389 of the Labour Code provides that employers who oblige young persons under 18 years of age to perform work in unhealthy or hazardous workplaces, or night work in the industrial sector, shall be liable to a penalty of at least 50 daily wage equivalents for each worker concerned. Section 385 provides that failure to comply with provisions of the Labour Code for which no penalty has been established shall be liable to penalties of between ten and 30 minimum wage equivalents for each worker concerned. The Committee asked the Government to provide information on the violations reported by the labour inspectorate and the penalties imposed in relation to child labour, in accordance with sections 384–398 of the Labour Code.

The Committee observes that the Government’s report does not contain any information on this matter. It observes that, according to the information provided in the Government’s last report relating to the Labour Inspection Convention, 1947 (No. 81), the number of labour inspectors decreased from 34 to 31 between 2009 and 2011 and the number of inspections dropped from 1,641 to 1,204 during 2009–10. However, it notes that stepping up the enforcement of the national legislation relating to child labour is one of the planned areas of action in the ENPETI. In this regard, with reference to the 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 408), the Committee reminds the Government of the importance of an effective labour inspectorate in applying the Convention. The Committee requests the Government to take the necessary steps to adapt and strengthen the capacities of the labour inspectorate in order to improve its capability for detecting cases of child labour as part of the implementation of the ENPETI. It also requests the Government to supply information on the number of penalties imposed for violations of the Labour Code relating to child labour and of Decree No. 4951 approving the list of hazardous types of work.

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