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

Minimum Age Convention, 1973 (No. 138) - Paraguay (Ratification: 2004)

The Committee notes the Government’s first report and the documents attached thereto.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee notes that, according to the ILO/IPEC report published in 2006, entitled “Children and Young Persons at Work in Paraguay – Developments between 2001 and 2004”, the number of children from 10 to 17 years who perform an economic activity rose from 288,717 in 2001 to 338,833 in 2004. The Committee also notes that, of this number, around 265,000 boys, girls and young persons work. Moreover, between 11.3 and 24 per cent of children and young persons carry out work that could be described as “invisible”. The Committee also notes that, according to the 2006 Household Survey, 15.2 per cent of minors from 10 to 14 years work. Children work mainly in the agricultural and informal sectors, although a high number also work as domestic servants and on the streets.

The Committee notes the information sent by the Government indicating that it has adopted a National Policy on Childhood and Adolescence (2003–13) (POLNA) and a National Action Plan for Childhood and Adolescence (2003–08) (PNA). It also notes that the National Committee for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (CONAETI) has drawn up a National Plan for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (2003–08). The Committee notes that, according to the information sent by the Government, the Government has directed its strategy for the elimination of child labour towards combating poverty and social inequality. In this respect, the Committee notes that the Government has adopted a national strategy to combat poverty, which provides for the awarding of educational grants to families with children who work, so that these children can stop working.

The Committee notes that Paraguay collaborates with the ILO/IPEC and that it has launched a number of projects aimed at eliminating child labour and protecting young workers. It notes, in particular, the measures taken within the framework of the ILO/IPEC project on the prevention and elimination of child domestic labour and the commercial sexual exploitation of children, such as the development of a school registration system which enables children at risk to be hired as domestic workers or those who work as domestic workers to register at school. The Committee also notes the measures taken within the framework of the Programme for the Progressive Reduction of Child Labour on the Streets (ABRAZO) which directly benefited 1,340 working boys and girls and 665 families in 2006. The Committee greatly appreciates the steps taken by the Government to combat child labour but remains concerned about the number of children and young persons who work. It strongly encourages the Government to continue its efforts to improve this situation progressively and requests that it provide information on the implementation of the projects referred to above and the results obtained in terms of the progressive abolition of child labour. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied, including, for example, extracts from the reports of inspection services, information on the number and nature of contraventions reported, etc.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to the information set forth in the report on the progress made within the framework of the implementation of national action plans on the prevention and elimination of child labour and the protection of young workers in Paraguay for the years 2005-06, the school drop-out rate for children and young persons is high. According to the report, around 10.3 per cent of children from 5 to 12 years (136,777) and 13.8 per cent of those aged from 13 to 18 (259,732) have dropped out of school. The Committee notes the Government’s indication that, under the General Education Act of 1998, the age of completion of compulsory schooling is 14 years. It also notes that, according to information from UNESCO, the Government has adopted a National Education Action Plan (2003–15). The Committee is deeply concerned by the elevated school drop-out rate and points out that poverty is one of the primary causes of child labour, which, when combined with a deficient education system, impedes the development of the child. Given that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to improve the working of the education system, in particular by reducing the school drop-out rate and increasing school attendance levels. It also asks the Government to take the necessary steps, notably within the framework of the implementation of the National Education Action Plan, to combat child labour by strengthening the measures which enable child workers to become integrated into the formal and informal schooling system or take up apprenticeships or vocational training. Finally, the Committee asks the Government to provide information in this regard, including statistics on school attendance levels and the school drop-out rate.

Article 3, paragraph 3. Hazardous work from the age of 16 years. Domestic work. 1. Legislative aspects. The Committee notes that, pursuant to section 2, paragraph 22, of Decree No. 4951 of 22 March 2005, which regulates Act No. 1657/2001 and approves the list of types of hazardous work, it is considered that domestic work and the “criadazgo” system constitute hazardous work for children. The Committee also notes that, pursuant to section 3 of the Decree, minors under 18 years are prohibited from carrying out such work. It notes that, pursuant to section 4 of Decree No. 4951, the competent authorities may authorize domestic work from the age of 16 years, providing that the education, health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, as required under Article 3, paragraph 3, of the Convention. Moreover, the Committee notes that sections 63–68 of the Childhood and Adolescence Code regulate the activity of adolescent domestic workers and that, under section 1 of Act No. 1702 establishing the scope of the terms child, adolescent and minor adult, the term adolescent refers to any human being from the age of 14 to 17 years. The Committee notes that sections 63–68 of the Childhood and Adolescence Code, read in conjunction with section 1 of Act No. 1702, appear to indicate that an adolescent from the age of 14 years may be employed as a domestic worker. In the light of the above, the Committee notes that there is some divergence between the provisions of Decree No. 4951 and those of the Childhood and Adolescence Code. It therefore asks the Government to state the age from which a child may be employed as a domestic worker.

Application in practice. As noted above, section 4 of Decree No. 4951 provides that the competent authorities may authorize domestic labour from the age of 16 years, providing that the education, health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, as required under Article 3, paragraph 3, of the Convention. In view of the fact that, as the Government states in its report, it is difficult, because of the “clandestine” nature of this work, to monitor the conditions of work of children employed as domestic workers, the Committee asks the Government to indicate the manner in which the conditions provided for by this Article of the Convention are monitored in practice.

Article 6. Apprenticeship and vocational training. The Committee notes that sections 105–118 of the Labour Code regulate apprenticeship work. It notes, however, that none of these provisions stipulate a minimum age for beginning an apprenticeship. The Committee reminds the Government that, pursuant to Article 6 of the Convention, the Convention does not apply to work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee asks the Government to indicate the age from which a person may begin an apprenticeship.

Article 7. Light work. The Committee reminds the Government that pursuant to Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons of 12 to 14 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. Noting that the national laws and regulations do not appear to regulate light work carried out by children and, taking into account the statistics found in the ILO/IPEC report published in 2006 and entitled “Children and Young Persons at Work in Paraguay – Developments between 2001 and 2004”, according to which a considerable number of children perform light work in the country, the Committee would be grateful if the Government would envisage the possibility of adopting provisions to regulate and determine the light work performed by children between 12 and 14 years of age.

Article 8. Artistic performances. The Committee notes the information provided by the Government in its report, according to which parents grant their children special permission to be involved in artistic performances. It reminds the Government that, pursuant to Article 8 of the Convention, it is possible, after consultation with the organizations of employers and workers concerned, to allow exceptions to the minimum age for admission to employment or work and grant children individual work permits for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore notes that parental authorization is not sufficient to apply this provision of the Convention. It therefore asks the Government to take the necessary steps to regulate this type of activity in accordance with Article 8 of the Convention, and to provide information in this regard.

Article 9, paragraph 1. Penalties. The Committee notes that section 5 of Decree No. 4951 of 22 March 2005 provides that the competent authorities shall identify and penalize the persons responsible for failing to apply the provisions prohibiting the employment of children in hazardous work. It notes, however, that none of the provisions in this Decree set forth the penalties applicable in the event of the violation of this prohibition. The Committee also notes that the Childhood and Adolescence Code, which contains provisions on young workers, does not provide for any penalty in the event of failure to apply the provisions concerning the work of young persons. It reminds the Government that pursuant to Article 9, paragraph 1, of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention. The Committee asks the Government to indicate the provisions of national laws and regulations which provide for the penalties applicable to persons found guilty of violating the provisions of Decree No. 4951 of 22 March 2005 and the Childhood and Adolescence Code, which regulate the activity of young workers.