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

Forced Labour Convention, 1930 (No. 29) - Paraguay (Ratification: 1967)

The Committee takes note of the Government’s report and the observations of the Central Confederation of Workers Authentic (CUT–A) and the International Trade Union Confederation (ITUC) received respectively on 1 July and 31 August 2016.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour of indigenous workers. The Committee previously firmly encouraged the Government to continue to take necessary measures, within the framework of coordinated and systematic action, to respond to the economic exploitation and in particular the debt bondage to which certain indigenous workers are subjected, especially in the Chaco region of Paraguay. The Committee noted the adoption of several measures which demonstrate the Government’s commitment to address this problem. It noted, in particular: the activities undertaken by the Commission on Fundamental Rights at Work and the Prevention of Forced Labour, and the creation of a subcommission in the Chaco region; the establishment of an office of the Department of Labour in the locality of Teniente Irala Fernandez (central Chaco); the activities undertaken in collaboration with the International Labour Office with a view to the development of the national strategy to prevent forced labour; and the creation within the labour inspectorate of a technical unit for the prevention and eradication of forced labour. The Committee requested the Government to ensure that these different structures were provided with the adequate means to carry out appropriate monitoring in the regions concerned, identify victims, investigate the complaints received, and ensure that the national strategy to prevent forced labour is adopted.

The Committee notes the Government’s indication in its report that the Commission on Fundamental Rights at Work and the Prevention of Forced Labour met in July and December 2015 for the development of the national strategy to prevent forced labour. The Ministry of Labour contributed to the process by leading several workshops, some of which were tripartite and others specifically targeted at representatives of indigenous communities, or workers’ or employers’ organizations. In this regard, the Government has provided a draft strategy for 2016–20 which was adopted on 15 November 2016 by Decree No. 6285. The Committee notes that this strategy adopts a results-oriented approach and constitutes the framework for the development of local and regional policies and plans. It sets out three principal objectives: educate and raise awareness of situations of forced labour; develop and implement a comprehensive system of prevention, detection and eradication of forced labour and of victim protection; and reduce people’s vulnerability to forced labour. In this respect, the ITUC indicates that workers’ organizations have not been sufficiently consulted during the process of elaboration of the strategy. The CUT–A considers that the strategy is general and does not contain specific actions, especially relating to indigenous communities in the Chaco and the eastern region. In addition, the strategic objectives do not include a component on suppression and punishment of perpetrators. The CUT–A also considers that the strategy should refer to institutional strengthening of labour inspection and to the need for coordination between the inspectorate and the Office of the Public Prosecutor.

The Committee recognizes that the participatory process that led to the adoption of the national strategy to prevent forced labour constitutes an important step against forced labour and urges the Government to intensify its efforts to effectively implement the strategy, particularly in regions with weak state presence and where forced labour indicators have been identified (Chaco and the eastern region). This goal could be achieved, for example, by adopting regional action plans. The Committee requests the Government to indicate the priority actions that have been defined and measures taken to raise awareness on forced labour; respond to the situation of vulnerability faced by indigenous workers; and protect the victims identified. The Committee also refers the Government to its comments under the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Imposition of effective penalties. The Committee previously insisted on the need to build the capacities of the law enforcement bodies and to improve the legislative framework against forced labour to ensure that victims have effective access to justice and that those imposing forced labour are punished. The Committee notes the Government’s indication that labour inspection staff increased in 2015 across the country through the recruitment of 30 labour inspectors who had received training in the fundamental rights at work, including forced labour. In April 2015, a delegation of the Ministry of Labour, Employment and Social Security visited the Chaco region in Paraguay to examine the working conditions in agricultural undertakings. In addition, in the second half of 2015 inspections were also conducted in this region, during which the inspectorate identified certain labour rights violations but no cases of forced labour. The Government adds that, since March 2015, new courts have been established in the Chaco region and judges designated to them are competent in criminal, civil, trade and labour law.

The Committee notes that, in their observations, the CUT–A and the ITUC refer to a lack of resources and to the operational problems of the office of the Department of Labour in the central Chaco region. As this office is too far from the departmental capital, it is almost impossible for indigenous workers to get there to report violations committed against them. The trade unions also mention that, in practice, the Directorate for Indigenous Labour and the technical unit for the prevention and eradication of forced labour of the labour inspectorate are not able to function. In addition, the CUT–A rejects the statement that there is no forced labour in Paraguay and expresses its concern at the fact that workers who are victims of exploitation or debt bondage do not have access, in practice, to an effective mechanism enabling them to submit complaints about their situation and preserving their anonymity with regard to their employers. In this respect, the CUT–A notes that the inspection conducted by the delegation of the Ministry of Labour in 2015 in the Chaco region was publicized and included employers. Regarding the inspection visits of agricultural undertakings and the failure to detect cases of debt bondage, the CUT–A considers that factors relating to debt processes and to discrepancies in the payment of wages were not adequately examined. Lastly, the CUT–A raises the issue of the high prices fixed by the employers in commissaries where workers have no choice but to buy their basic goods, as well as the deductions made against their salaries.

The Committee notes with deep concern the operational problems facing the bodies set up to enable indigenous workers who are victims of labour exploitation to exercise their rights, as well as the lack of information on the activities performed by those bodies. Given the geographic characteristics of the country and the severe poverty of certain communities, the Committee recalls that it is essential that the Government continues to strengthen state presence in the regions concerned, by equipping law enforcement agents with the means to identify situations of forced labour and protect the most vulnerable people. The Committee therefore requests the Government to provide specific information on the means and actions led by the technical unit for the prevention and eradication of forced labour, the subcommission of the Commission on Fundamental Rights at Work and the Prevention of Forced Labour in the Chaco region, and the office of the Department of Labour in the locality of Teniente Irala Fernandez.

Recalling that under Article 25 of the Convention, criminal penalties must be imposed and strictly enforced for persons found guilty in the exaction of forced labour, the Committee requests the Government to provide information on the judicial proceedings launched against persons exacting forced labour in the form of debt bondage or otherwise. Noting the absence of judicial decisions issued in this regard, the Committee hopes that the Government will not fail to ensure that national criminal law contains sufficiently specific provisions adapted to the national circumstances to enable the competent authorities to initiate criminal proceedings against the perpetrators of these practices and punish them.

Article 2(2)(c). Obligation to work imposed on non-convicted detainees. For many years, the Committee has been emphasizing the need to amend the Act on the prison system (Act No. 210 of 1970), under the terms of which prison labour shall be compulsory for persons subjected to security measures in a prison establishment (section 39 in conjunction with section 10 of the Act). Under the terms of Article 2(2)(c) of the Convention, only prisoners who have been convicted in a court of law may be subjected to the obligation to work. In this regard, the Government refers to the adoption of the Code on the Execution of Criminal Sentences (Act No. 5162/14). The Committee notes that this Code regulates the execution of criminal sentences handed down by the courts and does not contain provisions concerning security measures which may be imposed before a ruling. The Committee notes, however, that the new Code on the Execution of Criminal Sentences does not repeal the Act on the prison system (Act No. 210 of 1970). The Committee therefore requests the Government to take the necessary measures to formally repeal the provisions mentioned of Act No. 210 of 1970 and to ensure that persons subject to security measures in prison establishments are not subjected to the obligation to work in prison.

The Committee is raising other matters in a request addressed directly to the Government.