Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 1 of the Convention. 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, the strategic elements of which included the identification and care of children engaged in the worst forms of child labour or in situations of risk. 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 articulation between the ABRAZO programme (for the progressive reduction of child labour on the streets) and the TEKOPORÃ programme (of conditional financial transfers), extending the coverage of the ABRAZO programme to all forms of child labour. The national TEKOPORÃ programme, targeting households in extreme poverty, is one of the Government’s priority programmes in the context of the implementation of its public policy for social development. The Committee also noted that 22.4 per cent of children and young persons under 18 years of age (around 417,000) are engaged in work below the minimum age for admission to employment or are in one of the worst forms of child labour (16.3 per cent of 5–13 year olds and 36.8 per cent of 14–17 year olds). Boys in rural areas are the category that is the most affected (43.4 per cent of children and young persons under 18 years of age in this category are involved in child labour). The great majority of children and young persons who undertake activities classified as child labour are engaged in hazardous types of work (around 90.3 per cent of 5–13 year olds and 91.1 per cent of 14–17 year olds). While welcoming the measures taken by the Government to ensure the effective abolition of child labour, the Committee expressed its concern at the high number of children and young persons engaged in an economic activity below the minimum age for admission to employment and in hazardous types of work.

The Committee notes from the Government’s report the many programmes of action implemented to prevent and combat child labour. The Government indicates that in the sugar sector (in the Guairá, Caaguazú, Paraguarí, Caazapá and Cordillera regions) 28 per cent of workers are children. The Committee notes that the Government has not provided further data on the extent of child labour in the country. However, it indicates that the first Survey of Child Labour in Rural Areas (ETI Rural) has been carried out and that it will provide the Committee with the findings of the survey in its next report. The Committee requests that the Government continue its efforts to improve the situation of child labour in the country. It also requests that it continue providing information on the measures taken and the results achieved in this regard. The Committee further requests that the Government provide statistics on the nature and extent of child labour in the country, and on the findings of the ETI Rural.

Article 3(1). Minimum age for admission to hazardous types of work. Domestic work. The Committee noted previously that, under the terms of Decree No. 4951 of 22 March 2005 issuing regulations under Act No. 1657/2001 and approving the list of hazardous types of work, domestic work is considered to be a hazardous type of work prohibited for persons under 18 years of age. It noted that the competent authorities may nevertheless authorize domestic work from the age of 16 years, on condition that the education, health, safety and morals of the young persons concerned are fully guaranteed and that they have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3(3) of the Convention. It noted with interest that, in the context of the ratification by Paraguay of the Domestic Workers Convention, 2011 (No. 189), a draft Bill on domestic work had been submitted to the Senate, which sets the minimum age for access to employment in domestic work at 18 years.

The Committee notes with satisfaction the adoption of Act No. 5407 of 13 October 2015, which sets the minimum age for access to any type of employment as a domestic worker at 18 years. The Committee therefore requests the Government to provide information on the application of the Act I practice, in particular on the monitoring mechanisms put in place to ensure its effective implementation, and on any cases detected, as well as any sanctions imposed.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee noted that neither the Code for Children and Young Persons nor Decree No. 4951 of 22 March 2005 establish 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 governing child labour are set out in sections 384–398 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 the provisions of the Labour Code for which no penalty has been established shall incur liability to penalties of between ten and 30 minimum wages for each worker concerned. The Committee observed that the number of labour inspectors had fallen from 34 to 31, and the number of inspections from 1,641 to around 1,204. However, it noted that reinforcing the enforcement of the national legislation relating to child labour is one of the elements envisaged in the ENPETI. The Committee requested that the Government provide information on the violations identified by the labour inspectorate and the penalties imposed in relation to child labour under sections 384–398 of the Labour Code.

The Committee notes once again that the Government’s report does not contain information on the application of sections 384–398 of the Labour Code. However, the Government indicates that 30 new labour inspectors have been recruited, who are currently being provided with the necessary training to perform their duties. The Committee also notes the Government’s indication that the General Directorate of Inspection and Compliance undertook numerous training, awareness-raising and information activities in 2015. Recalling the importance of an effective inspection system for the application of the Convention, the Committee requests that the Government continue taking the necessary measures to adapt and reinforce the capacities of the labour inspectorate with a view to improving its capacity to detect cases of child labour. It also once again requests the Government to provide information on the number and nature of the penalties imposed for violations of the provisions 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 matters in a request addressed directly to the Government.