Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Guarding of Machinery Convention, 1963 (No. 119) - Paraguay (Ratification: 1967)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts are without appropriate guards. For several years, the Committee has been requesting the Government to adopt the necessary measures so that provisions expressly prohibiting the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts are without appropriate guards are incorporated into the national legislation, so that the obligation to ensure compliance with this prohibition rests on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and that penalties are provided for in order to implement the provisions of the Convention. The Committee notes the Government’s indication that the legislative alignment is still pending to bring these sections into conformity with the Convention. The Committee also notes that during the ILO technical assistance mission which visited the country in September 2014, the Government and the social partners signed a Memorandum of Understanding on international labour standards under which the Tripartite Advisory Council of the Ministry of Labour, Employment and Social Security is assigned to carry out a study into the legislative alignments considered necessary, and their follow-up, in accordance with all ratified international labour Conventions. The Memorandum also provides that, following the agreement regarding the assignment, the corresponding proposals can be drawn up for consideration by the sovereign power of the National Congress of the Republic and that the ILO will cooperate with the Tripartite Advisory Council by providing assistance and support to the assignment. The Committee welcomes the signing of the Memorandum of Understanding in question and trusts that, as a follow-up to the task carried out by the Tripartite Advisory Council, the necessary measures will be taken in order to give effect to these provisions of the Convention. The Committee requests the Government to send information on any developments in this regard.

Application of the Convention in practice. The Committee notes the information provided by the Government and requests it to continue providing information on inspections carried out and offences recorded, including in relation to agricultural machinery.