Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Paraguay (Ratification: 1967)

Discrimination based on national extraction. The Committee notes that the Government does not clarify in its report whether the prohibition of discrimination based on national extraction, which is not specifically provided for in section 9 of the Labour Code, is covered when that section is interpreted in conjunction with section 6 of the Code. The Committee once again requests the Government to indicate whether national extraction is considered to be a prohibited ground for discrimination and to provide information on any complaints of discrimination based on that ground.

Discrimination on the basis of race, colour, national extraction or social origin. The Committee notes the observations of the International Trade Union Confederation (ITUC), of 31 August 2010, on the imposition of forced labour, servitude and discriminatory working conditions on indigenous peoples. In this respect, the Committee refers the Government to its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Discrimination on the basis of sex. The Committee notes the adoption of the Decent Work Country Programme in February 2009, signed by the Government, the social partners and the ILO, in the context of which it is proposed to adopt measures to combat discrimination against women, particularly women in domestic service, and to address the phenomenon of migration. The Committee also notes that, within the framework of the National Tripartite Commission to examine and promote the labour force participation of women, one achievement has been the extension of social security coverage to women domestic workers between the ages of 45 and 55, and that this measure has been extended to cover the whole of the national territory. The Committee notes that the Government reiterates the information provided previously concerning the inequalities and discrimination affecting women in the labour market, particularly the poorest and indigenous women, but does not provide additional information on the implementation of the IIIrd National Plan for Equality of Opportunities between Women and Men, 2008–2017. The Committee requests the Government to provide information on the measures adopted within the framework of the Decent Work Country Programme and the IIIrd National Plan for Equality of Opportunities between Women and Men, 2008–2017, and their impact in terms of promoting equality of opportunities for women and men in education, vocational training, employment and occupation. The Committee also requests the Government to continue providing information on the progress made in regulating the work situation of the most vulnerable women workers, including rural women workers, indigenous women workers, women domestic workers and women workers in the informal economy.

Sexual harassment. The Committee once again requests the Government to consider the possibility of adopting specific legislation prohibiting sexual harassment in employment and occupation, including both quid pro quo and hostile working environment, harassment and defining the scope of the liability of employers, supervisors and co-workers and, where possible, clients or other persons related to the performance of work. The Committee also asks the Government to provide information on the educational and awareness-raising measures that are being implemented to prevent sexual harassment in the working environment.

Discrimination on the basis of HIV and AIDS. In its previous comment, the Committee noted the draft law designed to ensure respect for persons living with HIV and AIDS and to prevent discrimination against them. Noting that the Government has not provided information on this subject, the Committee once again requests it to indicate the progress made in the adoption of the law and on the development through social dialogue of a national policy on HIV and AIDS at the workplace.

Inspection, monitoring and complaints. The Committee reiterates its request to the Government to provide information on the development of mechanisms for the lodging of complaints relating to failure to comply with legislation guaranteeing the right of women to equal access to economic resources, social security, property, land and credit. The Committee also requests the Government to provide statistical information on the complaints lodged relating to discrimination and the failure to comply with the legislation protecting women workers, including cases of sexual harassment at work.

Noting that the Government has not provided relevant information in reply to the majority of its previous comments, the Committee requests the Government to make every effort to provide full particulars, in its next report, and reminds the Government that it may seek ILO technical assistance on these matters.