Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the Central Confederation of Workers (Authentic) (CUT-A), received on 30 August 2019.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 22.4 per cent of children and young persons under 18 years of age (around 417,000) were engaged in work below the minimum age for admission to employment or were 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 were the category most affected (43.4 per cent of children and young persons under 18 years of age in this category were involved in child labour). The Committee expressed 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. It noted that the Government had not provided any new statistics on the extent of child labour in the country and asked it to send statistics on the nature and extent of child labour in the country.

The Committee notes the observations of the CUT-A on the findings of the first “Survey of child labour in rural areas” (ETI Rural), which, it claims, has recorded important data on the situation of child labour in the sectors where it is most widespread but that these data have not yet been the subject of specific measures or actions taken by the Government.

The Committee notes the indication in the Government’s report that the Secretariat for Children and Young Persons (SNNA) has been elevated to the rank of Ministry (Act No. 6174/18) with the title of Ministry of Children and Young Persons.

The Committee notes the adoption of the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2019–24 (ENPETI) by the National Council for Children and Young Persons (Decision CNNA No. 1719). The strategic elements of the strategy are to: (i) coordinate public policies for the care of children engaged in the worst forms of child labour or in situations of risk; (ii) generate income for families; (iii) conduct awareness-raising and training for families and key players in society with regard to the rights of girls, boys and young persons, and with regard to the worst forms of child labour; and (iv) ensure that education is of high quality and provided free of charge.

The Committee notes the ongoing nature of the Tekopora programme (for conditional financial transfers) implemented by the Ministry of Social Development and aimed at households in situations of extreme poverty. The programme gives priority to girls and boys under 14 years of age and to young persons between 15 and 18 years of age. It comprises different modules for inclusion, conditional money transfers and social, family and community support. A total of 163,053 families including 27,830 families from indigenous communities have benefited from the programme.

The Committee duly notes the detailed statistics on the results of the various programmes under way between August 2018 and August 2019 in the appendix to the Government’s report (DGPNA No. 13/19), originating from the Department for Children and Young Persons: (i) 1,200 young persons have benefited from the “Protected vocational training” programme, which replaces the “Young apprentices in the national service for vocational promotion” programme, via Decision No. 1600/2019; (ii) the “Education” section of the Okakua project has benefited 964 children between 5 and 10 years of age in the department of Guairà, 120 children in the department of Boquerón, and 356 children considered to be at risk have received tutorial support at home; and (iii) in the context of the Sapea project, 537 young persons have received instruction in some 20 different types of training and 73 per cent of the beneficiaries are girls. While noting the Government’s efforts in the various programmes aimed at the elimination of child labour, the Committee requests the Government to continue its efforts to improve the situation of children in the country. It also requests the Government to send the results of the ETI Rural.

Article 3(1). Minimum age for admission to hazardous types of work. Domestic work. The Committee previously noted the adoption of Act No. 5407/15 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 asked the Government to provide information on the application of the Act in practice, including on monitoring mechanisms put in place to ensure its effective application, on infringements detected and on penalties imposed.

The Committee notes the observations of the CUT-A indicating that the employment of girls under 18 years of age, as home care companion or childcarer, remains widespread throughout the country, especially in remote regions such as Chaco and the north. The CUT-A emphasizes that the Government has so far not adopted any measures or taken any action to improve their conditions.

The Committee notes the indications in the Government’s report that the Ministry of Labour, Employment and Social Security collaborates with the Department for the Promotion of Women at Work. Since 2014, the domestic employees assistance centre, an offshoot of the Labour Affairs Service, has been in existence with the mission of providing comprehensive advice to workers, employers, enterprises and the general public on the application of the labour regulations in force and other legislation which affect domestic workers. In 2015, with the adoption of Act No. 5407/15 on domestic work and its subsequent implementing regulations, a procedure for action was established, which is currently in force and enables comprehensive and confidential advice to be given to domestic workers, and also provides them with the necessary administrative channels to file complaints in the event of violations of their rights at work. The Committee once again requests the Government to provide information on the application of the Act in practice, especially on monitoring mechanisms established to ensure the effective application of the Act, on infringements detected and the penalties imposed.

Article 8. Artistic performances. In its previous comments, the Committee asked the Government take the necessary measures to ensure that children under 14 years of age who participate in artistic performances only do so on the basis of individual authorizations granted by the competent authorities, which limit the number of hours of work and the conditions in which it is permitted, in accordance with Article 8 of the Convention. It also asked the Government to provide detailed information on the content of the declaration approved by the Executive Unit of the Regional Plan for the Elimination of Child Labour in Common Market of the Southern Cone (MERCOSUR) countries.

The Committee notes the observations of the CUT-A indicating that labour inspection controls are not effective with regard to young persons whose work involves performance, including football, music and acting.

The Committee notes the MERCOSUR recommendations to States parties, in the Government’s report, relating to the prevention and elimination of child labour in artistic settings (MERCOSUR CMC/REC.N/02/15). These recommendations contain a series of measures aimed at establishing uniform criteria for granting permits for artistic work, as follows: (i) the work permit must be issued by the competent authority; (ii) the parents(s) or guardian(s) must also give their permission; (iii) a certificate of physical fitness for any artistic activity must be issued by the competent authority and taken into account; (iv) school-age children must have a certificate of good school attendance and the artistic activity must on no account be detrimental to school attendance; (v) any artistic activities that are likely to harm the physical, moral or psychological development of children are prohibited; (vi) hours of work must occur during the daytime, must be appropriate to the age of the children concerned, and must include any breaks, tests or auditions; (vii) allowance must also be made for leisure and relaxation time; and (viii) the presence of the parents(s)/guardian(s) must be guaranteed during performances by children in order to preserve their rights. The MERCOSUR recommendations also encourage the establishment of a national register for artistic work by children in order to monitor that the rights, health and education of children who work in this field are ensured; MERCOSUR also recommends that no images of children be used in government publicity. The Committee requests the Government to take steps, in the context of the MERCOSUR recommendations, to guarantee that children under 14 years of age who participate in artistic performances only do so on the basis of individual authorizations issued by the competent authorities, which limit the number of hours of work and the conditions in which it is permitted, in accordance with Article 8 of the Convention.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee asked the Government to reinforce the capacities of the labour inspectorate with a view to improving its capacity to detect cases of child labour. It once again asked 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 notes that 26 labour inspectors have been trained in occupational safety and health. It also notes, in the appendices to the Government’s report, decisions of the Department of Labour Inspection concerning penalties imposed for violations reported at work. The Committee also notes that 75 labour inspections were carried out following reports of infringements. Further to these 75 inspections, 20 workers received compensation from the employer. However, the Committee notes the absence of information on inspections carried out in relation to child labour.

The Committee notes that ENPETI 2019–24, adopted by Decision No. 01/2019, uses follow-up indicators decided on a consensual, tripartite basis. Recalling once again the importance of an effective labour inspection system for the application of the Convention, the Committee requests the Government to provide information on the number and nature of 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.