Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Paraguay (Ratification: 1967)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework for the prevention and repression of trafficking in persons. In its previous comments, the Committee noted the consolidation of the institutional framework for action to combat trafficking in persons, and emphasized in particular the action undertaken by the Interinstitutional Forum for preventing and combating trafficking in persons, established in the Ministry for Women, and the Specialized Unit to combat trafficking in persons and the sexual exploitation of boys, girls and young persons (UFETESI). It requested the Government to continue strengthening the resources and capacities of the competent authorities for the identification of cases of trafficking in persons for both labour exploitation and sexual exploitation, and to provide information on the adoption of the National Plan to prevent and combat trafficking in persons.

In its report, the Government provides information on the technical approval of the National Plan for the prevention of trafficking in persons by the Interinstitutional Forum for preventing and combating trafficking in persons in the Republic of Paraguay. The Committee observes, that according to the information available on the official website of the Ministry of Foreign Affairs, in August 2020 a workshop was held for the approval of the Plan during which, with the participation of most of the members of the Interinstitutional Forum, the text was unanimously approved.

The Committee also notes the detailed information on the interventions of the Unit to combat trafficking in persons and the sexual exploitation of boys, girls and young persons of the Office of the Public Prosecutor to build the capacities of the competent authorities (investigators, magistrates, police officers, labour inspectors, officials in the migration services) and to release victims of trafficking in persons. The Committee also notes that the Office of the Public Prosecutor has a system to receive complaints, as well as a Manual of Operational Procedures which covers cases of victimization, assistance to victims, the recording of cases and the evaluation of risks. In 2018, a total of 110 complaints of trafficking in persons were dealt with, 201 complaints of pornography and 51 complaints of proxenetism, and a total of 15 convictions were obtained. Between January and June 2019, the Unit received a total of 68 complaints concerning trafficking in persons, nine for pornography and 63 for proxenetism.

The Committee hopes that the National Plan for the prevention of trafficking in persons will be adopted in the very near future and requests the Government to provide information on the measures adopted by the competent bodies for its effective implementation. In this regard, the Committee requests the Government to indicate whether the authority responsible for coordinating the application of the Plan undertakes a regular evaluation of the progress achieved and the difficulties encountered. The Committee also requests the Government to continue providing information on the awareness-raising and capacity-building activities undertaken, and on the cases of trafficking in persons reported, current prosecutions and the penalties imposed.

2. Protection of victims. The Committee notes the information on the support provided to victims of trafficking by the UFETESI and the Ministry of Women, which provide comprehensive support (protection, and psychological, social and legal support) and continued assistance to victims through its referral centre and its temporary accommodation. It notes that in 2018 the technical support department of the UFETESI provided assistance to a total of 110 victims, consisting of 95 women and 15 men. Since 2017, the UFETESI, through the seed fund for immediate assistance to victims of trafficking in persons has been implementing the Immediate Victim Support Plan, providing them with, among other forms of support, food, the payment of medical care, the payment of training, daily expenses (for foreign victims), the payment of accommodation in hotels (as a security measure and when the victims are men), and support for small micro-undertakings. With a view to the social and labour reintegration of victims of trafficking, the Government has supported the development of micro- undertakings by victims assisted by the Ministry of Women. Similarly, since 2016, the Ministry of Social Development has included coordinated assistance in its social programmes for women victims of trafficking, in the form of support for family, social and community reintegration. The Government also refers to the Guide on services for persons who are victims of trafficking, as a tool for actors in the justice system, which sets out a map of the services required by victims and an analysis of the services that exist in the country, by department.

The Committee notes the indication by the CUT-A in its observations that support measures for victims of trafficking are only focused on women and girls, and that other possible victims are not envisaged, such as men, indigenous persons of both sexes and transgender persons.

The Committee notes the action taken by the various Government institutions to provide support for victims of trafficking and encourages the Government to continue its efforts in this regard, including specific measures for men and LGBTI victims of trafficking for sexual exploitation and labour exploitation. The Committee requests the Government to provide information on this subject and to indicate the manner in which the various institutions coordinate their action. It also requests the Government to provide a copy of the Guide on services for victims of trafficking intended for actors in the justice system.

Article 2(2)(c). Prison labour. The Committee previously noted that persons sentenced to imprisonment are obliged to carry out work assigned to them. Without prejudice to this obligation, detainees are not forced to work, although an unfounded refusal to work is considered a violation of the rules and has a negative impact on the assessment of their behaviour (sections 138 and 139 of the Code of the Execution of Criminal Sentences). The work may be organized by the administration, through a decentralized entity, or by a mixed or private enterprise, or carried out on the own account of the detainee or through a cooperative system. Where the work is organized by a mixed or private enterprise, the detainee’s remuneration is equivalent to the wage paid on the free labour market. The Committee once again requests the Government to indicate whether and, if so, in what manner mixed or private enterprises are involved in the organization of the work of detainees, within or outside prison. It also requests the Government to specify how in practice the free and informed consent of prisoners is obtained for work for mixed or private enterprises.