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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Grounds of discrimination. National extraction.The Committee notes with interest the information in the Government’s report on the adoption of the Protocol for action in cases of workplace violence with a gender perspective for the public sector, by Decision No. 387/2018, which includes national extraction as a prohibited ground for discrimination (Part I.3, Definitions and types of protected situations). While welcoming the measures adopted, the Committee requests the Government to report on the measures envisaged or planned in order to ensure that the legislation includes a provision that also prohibits discrimination on grounds of national extraction for workers in the private sector.

Discrimination on grounds of sex. Sexual harassment. Public sector. The Committee notes with interest the Government’s indication that the objective of the Protocol for action in cases of workplace violence with a gender perspective for the public sector, adopted by the aforementioned Decision No. 387/201, is to guide public institutions towards the establishment of working environments free from violence and discrimination. The Committee notes that the Protocol defines and protects against quid pro quo and hostile work environment sexual harassment.

Private sector. The Committee notes the Government’s indication that section 84 of the Labour Code provides for the possible termination by the employee of the employment relationship in the event of violence or sexual harassment by the employer or his representatives, family members or dependants. The Committee further notes with interest the Government’s reference to Ministry of Labour, Employment and Social Security (MTESS) Decision No. 388/2019 creating the Office for the Oversight and Prevention of Workplace Violence and establishing the Procedure for action in cases of workplace violence, mobbing and sexual harassment at work, within enterprises. The Committee further notes that in accordance with the aforementioned Decision, the functions of the Office for the Oversight and Prevention of Workplace Violence are to raise awareness, provide training and disseminate information on the issue of violence in the workplace; conduct research aimed at better understanding workplace violence; and propose effective responses to different scenarios of workplace violence in the private sector. The Decision also provides that any employer with more than 10 employees must have internal workplace rules, approved by the Labour Administration Authority, which shall set out, inter alia, a clear internal procedure for dealing with allegations of workplace violence. The Committee observes that the definition of workplace violence for the purposes of the Decision includes hostile environment sexual harassment but does not mention quid pro quo sexual harassment. The Committee further observes that section 6 of Law No. 5777/2016 on the comprehensive protection of women against all forms of violence identifies the different types of violence that should be addressed by public policies but does not specifically mention sexual harassment. The Committee requests the Government to clarify whether Law No. 5777/2016 protects against sexual harassment at work and to indicate whether Decision No. 388/2019 protects against quid pro quo sexual harassment. Furthermore, the Committee requests the Government to provide information on the application in practice of:

• (i)Law No. 5777/2016 on the comprehensive protection of women;
• (ii)the Protocol for action in cases of workplace violence for the public sector; and
• (iii)the Procedure for action in cases of workplace violence, mobbing and sexual harassment at work, within enterprises; and to provide information in particular on the action taken in respect of allegations of sexual harassment at work, including any penalties imposed and compensation awarded.

Discrimination on the basis of political opinion. In connection with the observations of the Authentic Central Confederation of Workers (CUT-A) concerning the dismissal and transfer of public officials on grounds of discrimination based on political opinion, the Government reports that the binational undertaking Yacyretá has rectified the decisions taken in the reported cases and, to date, no actions linked to dismissals based on discrimination on political grounds have been recorded. The Government requests the Government to continue to provide information on any cases of work-related discrimination, including discrimination on the basis of political opinion.

Article 1(1)(b). Additional grounds of discrimination. HIV and AIDS. The Committee notes the National Strategic Plan on HIV 2019–2023, approved in accordance with article 4 of Decision S.G. No. 675/2014 regulating Law No. 3940/09 establishing rights, obligations and preventive measures with respect to the effects produced by the human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS). The Committee requests the Government to provide information on the application in practice of Law No. 3940/09 and of the Strategic Plan referred to with regard to the Convention.

Articles 2 and 3. National policy. In connection with the observation of the CUT-A concerning the absence of framework legislation against discrimination, the Committee recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (see 2012 General Survey on the fundamental Conventions, paragraph 848).

Promotion of equality between women and men. The Committee notes the Government’s indication concerning the establishment of the National Human Rights Plan Dashboard, a government-managed information system that makes it possible to display and track updated information on coordinated actions at the territorial level and aims to promote linkages between the National Human Rights Plan and Agenda 2030, through the National Development Plan 2030. The Committee further notes the adoption (i) of Decree No. 3678/20 regulating Law No. 5446/2015 on public policies for rural women, and (ii) of the Fourth National Plan for Equality between Men and Women (2018–2024). The Committee notes that the Safe Enterprises Programme is being implemented in private sector enterprises in order to mainstream gender, while the Seal of Equality is being implemented in the public sector. The Committee notes that both approaches involve diagnostic and design phases and action plans. The Committee requests the Government to continue providing information on specific measures adopted with a view to promoting this principle of the Convention, in particular in the context of the National Human Rights Plan, the Fourth National Plan for Equality between Men and Women and the National Development Plan 2030.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes with interest the enactment of Law No. 6940/2022 establishing mechanisms and procedures to prevent and punish acts of racism and discrimination against persons of African descent. The Committee observes that this law entrusts the National Secretariat for Culture with responsibility for developing a National Plan for the Promotion, Development and Protection of Human Rights in the public sphere, aimed at members of the Paraguayan population of African descent and persons of African descent. The Committee further notes that the law establishes penalties for discriminatory and racist actions against persons of African descent. The Committee requests the Government to provide information on the application in practice of this law and any other measure to promote equality of opportunity and treatment irrespective of race and colour.

Article 5. Special measures. Persons with disabilities. The Committee notes the activities undertaken by the Government in order to promote this principle of the Convention and, in particular, of the implementation of the self-assessment questionnaire on labour inclusion for private sector enterprises which, on the basis of the data collected, makes it possible to plan and implement actions that facilitate compliance with Law No. 4962/13 and the corresponding Regulatory Decree No. 3379/2020. The Committee further notes that the aforementioned decree establishes the position of labour facilitator for persons with intellectual or psychosocial disabilities. The Committee requests the Government to continue providing information on the measures adopted to promote the access to and retention in employment of persons with disabilities.

Enforcement. The Committee requests the Government to provide information on cases of discrimination in employment and occupation identified by the labour inspectorate, the courts or any other competent authority, in particular with regard to the groups of workers mentioned by CUT-A in its observations (women, indigenous peoples, persons with disabilities, people living with HIV and AIDS and members of the LGBTIQ+ community), including information on any penalties imposed and compensation awarded.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Central Confederation of Workers Authentic (CUT-A), received on 1 September 2017, which refer to various issues relating to the application of the Convention, and particularly: (i) the discriminatory dismissal and transfer of public officials on grounds of political opinion and other discriminatory practices based on political opinion at the national and local levels; (ii) the absence of framework legislation to combat discrimination, and the fact that the Bill to combat all forms of discrimination, which is to give effect to article 46 of the 1992 Constitution, has still not been adopted; (iii) the existence of latent discrimination towards certain groups, including indigenous peoples, persons with disabilities, persons living with HIV and AIDS, and lesbians, gays, bisexuals and transsexuals (LGBT), by state officials and society in general; and (iv) the persistent discrimination in law and practice against women. The Committee requests the Government to send its comments in this regard.

Article 1(1)(a) of the Convention. Grounds of discrimination. National extraction. The Committee recalls that since 2006 it has been referring to the omission of the criterion of national extraction from the prohibited grounds of discrimination set out in section 9 of the Labour Code. While noting that section 6 of the Labour Code provides that, in the absence of legal provisions or clauses of the employment contract applicable to controversial cases, they shall be resolved in accordance with the provisions of the applicable Conventions of the International Labour Organization, the Committee nevertheless recalls that there is a need for comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all the grounds set out in the Convention, and in all aspects of employment and occupation, in order to ensure the full application of the Convention, enable workers to avail themselves of their right to non-discrimination on the basis, at least, of all the grounds enumerated by Article 1(1)(a) of the Convention in employment and occupation, and avoid any legal uncertainty based on the possible interpretations of legal provisions by courts.

The Committee notes that the Government refers in its report to: (i) Civil Service Act No. 1626/00, which lists Paraguayan nationality as one of the requirements for admission to the civil service; (ii) sections 229 and 283 of the Labour Code, which prohibit any distinction on grounds of nationality; and (iii) the constitutional provisions on equality and admission of foreign nationals. While noting this information, the Committee recalls that the concept of nationality is different from that of national extraction, as the latter encompasses distinctions on grounds of place of birth and foreign extraction or origin. Discrimination based on national extraction may be directed against persons who are nationals of a specific country, but who have acquired citizenship through naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State (2012 General Survey on the fundamental Conventions, paragraph 764). The Committee therefore requests the Government to:

• (i) indicate the manner in which protection is guaranteed in practice to all men and women workers against any form of discrimination in employment or occupation on the ground of national extraction, including information on any complaints made to the courts or any cases of discrimination identified by labour inspectors;
• (ii) take the necessary measures to include national extraction as one of the prohibited grounds of discrimination set out in section 9 of the Labour Code; and
• (iii) provide information on any progress in this regard.

Discrimination on grounds of sex. Sexual harassment. The Committee refers to its previous comments, in which it noted that sexual harassment is only referred to in section 133 of the Penal Code, and that the Labour Code only provides in section 84 for the possibility for workers to end the employment relationship in the case of violence by the employer. The Committee recalls that addressing sexual harassment only through criminal proceedings is not sufficient, due to difficulties related to proof and the fact that the full range of behaviour that constitutes sexual harassment in employment and occupation is not taken into account. Similarly, legislation under which the sole redress available to victims is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection, as it basically punishes victims and could dissuade them from seeking redress (see 2012 General Survey, paragraph 792). The Committee therefore requested the Government to consider the possibility of adopting specific provisions addressing sexual harassment at work and to continue providing information on the awareness-raising measures adopted in the public and private sectors. The Committee notes the Government’s reference to the adoption of Act No. 5777 on the comprehensive protection of women against all forms of violence, of 27 December 2016, the objective of which is to establish policies and strategies for the prevention of violence against women, care and protection measures, penalties, and comprehensive compensation. Among other forms of violence against women, the Act also addresses work-related violence, defined as any act of ill treatment or discrimination against women in the working environment by superiors, or colleagues of the same or a lower level. The Government also refers to the Intervention Protocol and the guide on care in cases of discrimination and labour harassment in the civil service, approved by resolution SFP No. 0516/2016. The Committee notes that the Protocol addresses sexual harassment resulting from a hostile work environment (section 5) and establishes a complaint procedure involving the adoption of final conclusions, which are not binding, including the recommendations deemed appropriate to prevent the reoccurrence of the acts covered by the complaint (sections 16 and 17). The Committee also notes the information provided by the Government on the preparation of a guide concerning cases of sexual harassment and labour harassment in the civil service, and the Safe Enterprise Label initiative, which is designed to include enterprises in actions to combat gender-related violence. While welcoming the adoption of these measures, the Committee requests the Government to specify whether the concept of work-related violence, as set out in Act No. 5777, also includes both quid pro quo and hostile work environment, sexual harassment and to provide information on the manner in which complaints of violence in the workplace are dealt with, including any penalties and compensation imposed. The Committee also requests the Government to continue providing information on any preventive and awareness-raising measures adopted, including information on the application of the Intervention Protocol in the civil service and the Safe Enterprise Label initiative.

Article 1(1)(b). Additional grounds of discrimination. HIV and AIDS. In its previous comments, the Committee noted with interest the adoption of Act No. 3940, of 14 December 2009, which contains provisions prohibiting discrimination based on HIV and AIDS and pressure or compulsion to undergo HIV tests as a requirement for access to employment, promotion or retention in employment, and it requested the Government to provide information on the application of this provision in practice. The Committee notes the Government’s indication concerning the adoption of the National Strategic Response Plan for HIV and AIDS and other sexually transmitted infections (STIs) 2014–18, which envisages, among other measures, action to promote the adoption of policies, laws and regulations on non-discrimination in relation to HIV and AIDS in all state bodies and to draw up and promote public policies on HIV and AIDS at the workplace. The Committee requests the Government to provide information on the measures adopted in the context of the National Strategic Response Plan to promote the principle of the Convention and the results achieved, and reiterates its request for information on the effect given in practice to Act No. 3940, of 14 December 2009, and particularly on any complaints made concerning discrimination on the basis of HIV and AIDS or pressure or compulsion to undergo HIV tests as a requirement for access to employment, promotion or retention in employment.

Articles 2 and 3. National policy. Promotion of equality between women and men. In its previous comments, the Committee noted, among other measures, the Paraguay 2030 National Development Plan which envisages the promotion of social inclusion through the elimination of discrimination and the promotion of gender equality, and the IIIrd National Plan for Equality of Opportunity for Women and Men (2008–17), and it requested the Government to provide specific information on the measures adopted in the context of those plans and their impact on the promotion of equality of opportunity for men and women in employment and occupation. The Committee notes the Government’s reference to the National Human Rights Plan, developed by the Human Rights Network of the Executive and the indication that it has entered the implementation phase with the adoption of Decree No. 10747, of 6 March 2013, which includes a specific component on the “transformation of structural inequalities for the enjoyment of human rights”. The Government adds that guides have been prepared on the design and implementation of equality plans in enterprises, and for the promotion of inclusive and non-discriminatory practices in the public service. The Committee also notes the Government’s information concerning the adoption of the Act on public policies for rural women, No. 5446 of 20 July 2015, which envisages action to promote and guarantee the economic, social, political and cultural rights of rural women, and particularly their right to employment with dignity, their access and use of productive, financial and educational services, and the development of programmes for the access of women to land (sections 4, 5 and 8). The Committee notes that the Act provides for the establishment of an inter-institutional commission responsible for monitoring, evaluating and recording the implementation of the public policies and plans drawn up in accordance with the Act (section 24). The Committee also notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the persistence of practices that discriminate against women with respect to working conditions, including high rates of underemployment, unfair dismissal and lower wages than men (E/C.12/PRY/CO/4, 20 March 2015, paragraph 16). The Committee once again requests the Government to provide specific information on the measures adopted in the context of the National Human Rights Plan and the Paraguay 2030 National Development Plan, and on the effect given to the Act on public policies for rural women, with a view to promoting equality of opportunity and treatment for men and women in employment and occupation, and their impact. The Government is also requested to provide information on: (i) any evaluation undertaken of the implementation of the National Plan for Equality of Opportunity for Women and Men (2008–17) in relation to the promotion of the principle of the Convention, and any action taken as a result; and (ii) the equality plans drawn up at the enterprise level and the inclusive practices adopted in the public service.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at: (i) the ongoing structural discrimination against indigenous peoples and by the discrimination against and invisibility of Afro-Paraguayans; and (ii) the multiple forms of discrimination that continue to be faced by Afro-Paraguayan women and indigenous women (CERD/C/PRY/CO/4-6, 4 October 2016, paragraphs 9 and 41). While noting and welcoming the fact that the National Human Rights Plan of 2013 envisages the formulation and implementation of a public policy for the eradication of all forms of discrimination, including all sectors that are traditionally affected, the Committee requests the Government to provide specific information on any measures adopted or envisaged in the context of the Plan or any other initiative to promote equality of opportunity and treatment in employment and occupation for Afro-descendent men and women, and the results achieved. With regard to indigenous peoples, the Committee refers to its comments on the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Article 5. Special measures. Persons with disabilities. The Committee notes the information provided by the Government on the various measures adopted to promote access to employment for persons with disabilities, including Act No. 4962, of 31 July 2013, which establishes benefits for employers as an incentive for the recruitment of persons with disabilities in the private sector, and the National Plan of Action on the Rights of Persons with Disabilities (2015–30), approved by Decree No. 5507, of 21 June 2016. The Committee requests the Government to continue providing information on the measures adopted to promote the access to and retention in employment of persons with disabilities, and to monitor and assess their impact.

Enforcement. The Committee notes the Government’s indication that the labour inspectorate has not recorded cases of complaints concerning discrimination for political reasons, and also notes the information contained in the statistical compendium of the Ministry of Labour, Employment and Social Security. The Committee requests the Government to continue providing information on any cases of work-related discrimination dealt with by the labour inspectorate, the judicial or other competent authorities and their outcomes.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee has been referring for several years to the omission of the criterion of national extraction from the prohibited grounds of discrimination set out in section 9 of the Labour Code. Although section 6 of the Labour Code provides that, in the absence of legal provisions or clauses of the employment contract applicable to controversial cases, they shall be resolved in accordance with the provisions of the applicable Conventions of the International Labour Organization, the Committee recalls that there is a need for comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in the Convention, and in all aspects of employment and occupation, in order to ensure the full application of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 854). The Committee requests the Government to provide information on any complaints of discrimination received on the grounds of national extraction. The Committee further requests the Government to take the necessary measures for the inclusion, when it is next planned to amend the Labour Code, of national extraction as one of the prohibited grounds of discrimination envisaged in section 9 of the Labour Code.

Articles 2 and 3. National policy. Promotion of equality between women and men. The Committee takes note of Act No. 5115/13 of 2013, which divides the Ministry of Justice and Labour into two Ministries, one for Justice and the other for Labour and Social Security. The Committee notes that section 3 of the Act provides that one of the objectives of the new Ministry of Labour and Social Security is to plan, direct, coordinate, implement, supervise and evaluate national and sectoral policies relating to fundamental rights from a gender perspective. The Committee also notes the adoption of the Paraguay National Development Plan 2030, which provides for the promotion of social inclusion through the elimination of discrimination and the promotion of gender equality. The Government indicates in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the Ministry for Women is responsible for gender policies, and particularly the IIIrd National Plan for Equality of Opportunity for Women and Men 2008–17. However, the Committee notes that the Government has not provided specific information on the implementation of the Plan, nor on the Decent Work Country Programme in relation to the application of the Convention. Recalling the importance of following up the implementation of plans and policies in terms of their results and effectiveness, the Committee requests the Government to provide specific information on the measures adopted in the context of the plans referred to above and on the evaluation carried out by the Ministry of Labour and Social Security and the Ministry for Women on their impact on the promotion of equality of opportunity for men and women in employment and occupation, and the difficulties encountered.

Sexual harassment. The Committee has been referring for several years to the need to adopt provisions on sexual harassment at work, as sexual harassment is only referred to in section 133 of the Penal Code, and the Labour Code only provides in section 84 for the possibility for workers to end the employment relationship in the case of violence by the employer. In this regard, the Committee notes the information provided by the Government on the preparation of the guide on sexual harassment and harassment at work in the public service, which refers to both quid pro quo and hostile working environment sexual harassment. The Committee notes that, in the context of the application of Convention No. 100, the Government has provided statistical data on the number of complaints of harassment at work made by men and women (four and ten respectively during the period 2013–14), but does not indicate the proportion of the complaints which relate specifically to sexual harassment. The Government has not provided information on the specific measures adopted in the private sector to prevent and address sexual harassment. The Committee recalls that the existing legal provisions are not sufficient to address sexual harassment at the workplace. Indeed, the Committee recalls that addressing sexual harassment only through criminal proceedings is not sufficient, due to the burden of proof and the fact that the full range of behaviour that constitutes sexual harassment in employment and occupation is not taken into account. Similarly, legislation under which the sole redress available to victims is the possibility of the termination of the employment relationship, as a form of compensation, this does not afford sufficient protection to victims, as it basically punishes victims and could dissuade them from seeking redress (see General Survey on the fundamental Conventions, 2012, paragraph 792). The Committee requests the Government to consider the possibility of adopting legislation specifically addressing sexual harassment at work (both quid pro quo and hostile working environment harassment), in the public and private sectors, containing a definition of the scope of the liability of employers, supervisors and co-workers and, where possible, clients or other persons connected with the performance of work. The Committee also requests the Government to continue providing information on the awareness-raising measures adopted in the public and private sectors.

HIV and AIDS. The Committee notes with interest the adoption of Act No. 3940 of 14 December 2009 which contains provisions prohibiting discrimination based on HIV and AIDS and pressure or compulsion to undergo HIV tests as a requirement for access to employment, promotion or retention in employment. The Committee requests the Government to provide information on the application in practice of this provision and, particularly, on the complaints lodged and prosecutions initiated for violations of these provisions.

Supervision and enforcement. The Committee requests the Government to continue providing statistical information on complaints of discrimination and the failure to give effect to the legislation respecting the application of the Convention, including complaints of discrimination on grounds of gender and sexual harassment.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination based on national extraction. The Committee notes that in its report, the Government does not clarify whether the criterion of national extraction as a prohibited ground of discrimination is covered by section 9 of the Labour Code interpreted in conjunction with section 6 of that Code. The Committee asks the Government to provide information regarding whether national extraction is considered to be a prohibited ground for discrimination and to provide information on any complaints of discrimination based on that criterion.

Discrimination on the basis of race, colour, national extraction or social origin. The Committee notes the conclusions of the report on the mission to Paraguay of the United Nations Permanent Forum on Indigenous Issues, 2009, which confirm that the Guaraní and other indigenous peoples in the Chaco region are victims of servitude and forced labour on the Mennonite colonies and estates in the region and refers the Government to its comments concerning the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Discrimination on the basis of sex. The Committee notes the Government’s indication that inequalities and discrimination persist in the labour market and affect in particular poor women including indigenous women. It notes that, according to the Household Survey, 2008, open unemployment among women stands at 2.8 percentage points higher than that of men and that women are mainly concentrated in self-employment and domestic work, both of which are, according to the Government, precarious and disadvantageous. Furthermore, the Committee notes that, according to the statistics provided, illiteracy among women continues to be more pronounced than among men and their levels of education are also lower, particularly those of indigenous women.

The Committee notes that the Women’s Secretariat of the Office of the President of the Republic defines and coordinates gender policies with the public and private sectors. It also notes that the third National Plan for Equality of Opportunity between Women and Men, 2008–17, was drawn up in the context of the incorporation of the gender approach and the promotion of women into national policies, programmes and projects. The Committee notes that one of the objectives of the National Plan is to formulate, promote and support changes and/or adaptations to regulations to eliminate gender discrimination in employment and social security. The Committee requests the Government to provide information on the measures taken under the National Plan for Equality of Opportunity between Women and Men, 2008–17, and their impact on the promotion of equality of opportunity between men and women in education, vocational training, employment and occupation. Furthermore, the Committee would like to receive information on any progress made in regulating the employment situation of the most vulnerable women workers, including women rural, indigenous and homeworkers and, in general, women working in the informal economy.

The Committee notes that the above National Plan recognizes that the gaps between men and women not only persist but in some cases are constantly becoming wider and that unemployment and underemployment are rising more rapidly among women than among men. The Committee notes that the information provided by the General Directorate of Statistics, Surveys and Censuses shows that women are on average paid 30 per cent less than men per hour worked, by occupational category and by branch of activity and refers the Government to its direct request concerning the Equal Remuneration Convention, 1951 (No. 100).

Sexual harassment. The Committee notes that section 133 of the Penal Code defines and punishes sexual harassment and section 84 of the Labour Code includes sexual harassment as a justified reason for terminating an employment relationship. The Committee notes that the Penal Code includes only quid pro quo sexual harassment and that the creation of a hostile working environment is not included within the definition of sexual harassment. The Committee requests the Government to consider adopting specific legislation regulating sexual harassment at work which includes in the definition both quid pro quo and hostile working environment and which provides for a scope of liability which includes employers, supervisors and co-workers and, where possible, clients or other persons met in connection with the performance of work duties. It would also like to receive information on the educational and awareness-raising measures being implemented to prevent sexual harassment in the working environment given that sexual harassment undermines equality at work by affecting the integrity, dignity and well-being of workers.

Discrimination on the basis of HIV/AIDS. The Committee notes the draft law which is designed to ensure respect for persons living with HIV/AIDS and prevent discrimination against those persons. The Committee would like to continue receiving information on the progress made in promulgating this law and on the progress made in the development of the National Policy on HIV/AIDS in the Workplace on the basis of social dialogue.

Article 3(a) of the Convention. The Committee notes the establishment of special subcommittees within the National Tripartite Commission to Examine and Promote the Labour Participation of Women (CTIO). The Committee asks the Government to provide information on any other activities carried out by the CTIO to contribute to reducing discrimination against women in labour matters.

Inspection, monitoring and complaints. According to the information provided by the Government, inequalities and discrimination persist in the labour market of Paraguay and particularly affect poor women, including monolingual Guaraní. The Committee requests the Government to provide information on the development of mechanisms for the lodging of complaints relating to the failure to comply with legislation which guarantees the right of women to equal access to economic resources, social security, property, land and credit, which is one of the objectives of the National Plan for Equality. Please also provide statistical information on the complaints lodged relating to discrimination and the failure to comply with the legislation protecting women workers, including those relating to sexual harassment at work.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Discrimination based on national extraction. The Committee notes that section 9 of the Labour Code enumerates the criteria for discrimination laid down in the Convention, with the exception of “national extraction”. It also notes that section 6 of the Labour Code provides that, in the event of a dispute, in the absence of applicable legal provisions or clauses of employment contracts, the dispute shall be resolved in accordance with, among other sources, the provisions of the Conventions of the International Labour Organization applicable in Paraguay, which could be interpreted as meaning that the above criterion for discrimination omitted from section 9 is covered in practice. The Committee requests the Government to confirm whether the criterion of national extraction is considered to be a prohibited ground for discrimination and to provide information on any complaints of discrimination based on that criterion.

2. Discrimination on the basis of sex. The Committee notes the “II National Plan for Equality of Opportunity between Women and Men, 2003-07”, attached to the Government’s report. It also notes that the Government indicates as follows: in 2001 women represented 38.7 per cent of the economically active population; the unemployment rate of women (17.9 per cent) is almost double that of men (9.5 per cent); there are marked differences between the income levels of men and women and there is a low percentage of women in decision-making positions in the public sector relative to men; in view of the increase in the number of women heads of households (25.3 per cent in 2001, rising to 27.6 per cent in 2003 in urban households), the precarious employment of women has resulted in these households being the most vulnerable to poverty. Illiteracy affects women more than men and, despite the fact that among women with more years of education the labour participation rate is above 80 per cent, this rising participation in the labour market does not ensure their well-being, as stereotypes, prejudices and forms of discrimination persist which are an obstacle to their development.

3. Article 2. The Committee notes that the National Plan referred to in the previous point is coordinated by the Women’s Secretariat of the Office of the President of the Republic, which has now built up a significant inter-institutional network for the mainstreaming of the gender perspective. In particular, it notes the initiative to compile statistics on employment and access to economic resources disaggregated by sex and to maintain an up to date databank on the comparative economic situation of women and men, as well as the indicators envisaged to monitor the achievement of the objectives established by the Plan. The Committee requests the Government to provide information on the results and impact in practice of the implementation of the National Plan referred to above, and to provide the statistical data obtained during the process relating to the application of the principle set out in the Convention. It also requests the Government to continue providing information on the measures adopted or envisaged to prevent the horizontal and vertical segregation of women in employment and occupation, including providing access to greater education and skills opportunities to gain access to better paid jobs.

4. Article 3(a). From the information provided by the Government in its report on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes the dissemination and awareness-raising activities undertaken by the National Tripartite Commission to Examine and Promote the Labour Participation of Women (CTIO). The Committee notes that copies of the evaluation and monitoring schedule for the CTIO Plan of Action for the years 2002-04 and the Plan of Action 2005-06 were not attached to the report. The Committee trusts that the Government will provide information in its next report on any other activities carried out by the CTIO to contribute to reducing discrimination against women in labour matters.

5. Inspection, monitoring and complaints. The Committee notes the Government’s indication that the measures of recourse available to victims of labour discrimination consist of complaints to the Labour Administration Authority and the ordinary courts, and that compliance with labour legislation is enforced by the Inspection and Monitoring Service. Moreover, from the information provided by the Government in its report on Convention No. 100, the Committee notes the existence of complaints procedures at the level of the Secretariat of Labour for discrimination and failure to comply with the labour legislation protecting women workers, and that a plan is being formulated to improve the current complaints system. The Committee requests the Government to provide information on the complaints system referred to above, its application, results and supervision, as well as the envisaged plan to improve the system.

6. Sexual harassment. The Committee requests the Government to provide information on the legislation and any other measures adopted in relation to sexual harassment, to which the Committee referred in its general observation of 2002.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Discrimination based on national extraction. The Committee notes that section 9 of the Labour Code enumerates the criteria for discrimination laid down in the Convention, with the exception of “national extraction”. It also notes that section 6 of the Labour Code provides that, in the event of a dispute, in the absence of applicable legal provisions or clauses of employment contracts, the dispute shall be resolved in accordance with, among other sources, the provisions of the Conventions of the International Labour Organization applicable in Paraguay, which could be interpreted as meaning that the above criterion for discrimination omitted from section 9 is covered in practice. The Committee requests the Government to confirm whether the criterion of national extraction is considered to be a prohibited ground for discrimination and to provide information on any complaints of discrimination based on that criterion.

2. Discrimination on the basis of sex. The Committee notes the “II National Plan for Equality of Opportunity between Women and Men, 2003-07”, attached to the Government’s report. It also notes that the Government indicates as follows: in 2001 women represented 38.7 per cent of the economically active population; the unemployment rate of women (17.9 per cent) is almost double that of men (9.5 per cent); there are marked differences between the income levels of men and women and there is a low percentage of women in decision-making positions in the public sector relative to men; in view of the increase in the number of women heads of households (25.3 per cent in 2001, rising to 27.6 per cent in 2003 in urban households), the precarious employment of women has resulted in these households being the most vulnerable to poverty. Illiteracy affects women more than men and, despite the fact that among women with more years of education the labour participation rate is above 80 per cent, this rising participation in the labour market does not ensure their well-being, as stereotypes, prejudices and forms of discrimination persist which are an obstacle to their development.

3. Article 2. The Committee notes that the National Plan referred to in the previous point is coordinated by the Women’s Secretariat of the Office of the President of the Republic, which has now built up a significant inter-institutional network for the mainstreaming of the gender perspective. In particular, it notes the initiative to compile statistics on employment and access to economic resources disaggregated by sex and to maintain an up to date databank on the comparative economic situation of women and men, as well as the indicators envisaged to monitor the achievement of the objectives established by the Plan. The Committee requests the Government to provide information on the results and impact in practice of the implementation of the National Plan referred to above, and to provide the statistical data obtained during the process relating to the application of the principle set out in the Convention. It also requests the Government to continue providing information on the measures adopted or envisaged to prevent the horizontal and vertical segregation of women in employment and occupation, including providing access to greater education and skills opportunities to gain access to better paid jobs.

4. Article 3(a). From the information provided by the Government in its report on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes the dissemination and awareness-raising activities undertaken by the National Tripartite Commission to Examine and Promote the Labour Participation of Women (CTIO). The Committee notes that copies of the evaluation and monitoring schedule for the CTIO Plan of Action for the years 2002-04 and the Plan of Action 2005-06 were not attached to the report. The Committee trusts that the Government will provide information in its next report on any other activities carried out by the CTIO to contribute to reducing discrimination against women in labour matters.

5. Inspection, monitoring and complaints. The Committee notes the Government’s indication that the measures of recourse available to victims of labour discrimination consist of complaints to the Labour Administration Authority and the ordinary courts, and that compliance with labour legislation is enforced by the Inspection and Monitoring Service. Moreover, from the information provided by the Government in its report on Convention No. 100, the Committee notes the existence of complaints procedures at the level of the Secretariat of Labour for discrimination and failure to comply with the labour legislation protecting women workers, and that a plan is being formulated to improve the current complaints system. The Committee requests the Government to provide information on the complaints system referred to above, its application, results and supervision, as well as the envisaged plan to improve the system.

6. Sexual harassment. The Committee requests the Government to provide information on the legislation and any other measures adopted in relation to sexual harassment, to which the Committee referred in its general observation of 2002.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination on the basis of political opinion. The Committee notes with satisfaction that section 145 of the Public Service Act No. 1626 of 2000 repeals Act No. 200 of 17 July 1970, which gave rise to discriminatory practices on the basis of political opinion and which the Committee had been requesting the Government to repeal explicitly for several years.

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

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Discrimination on the basis of political opinion. In its earlier observation, the Committee noted with interest that, according to the Government’s report, section 95 of the Bill on the Status of Civil Servants and Public Employees, which was before the National Parliament, would repeal Act No. 200 of 17 July 1970, which, by stating that "no public official may engage in activities contrary to public order or to the democratic system established by the Constitution", could give rise to discriminatory practices based on political opinion. The Committee notes from the Government’s report that to date no Act in respect of public servants has been approved and that three Bills are before the National Parliament, of which one has the approval of the Drafting Committee. Recalling that it has been pointing out since 1985 that section 34 of the abovementioned Act is in contravention of Article 1(1)(a) of the Convention, the Committee again urges the Government to take the measures necessary to repeal Act No. 200 and requests it to continue to provide information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Discrimination on the basis of political opinion. In its earlier observation, the Committee noted with interest that, according to the Government’s report, section 95 of the Bill on the Status of Civil Servants and Public Employees, which was before the National Parliament, would repeal Act No. 200 of 17 July 1970, which, by stating that "no public official may engage in activities contrary to public order or to the democratic system established by the Constitution", could give rise to discriminatory practices based on political opinion. The Committee notes from the Government’s report that to date no Act in respect of public servants has been approved and that three Bills are before the National Parliament, of which one has the approval of the Drafting Committee. Recalling that it has been pointing out since 1985 that the section 34 of the abovementioned Act is in contravention of Article 1(1)(a) of the Convention, the Committee again urges the Government to take the measures necessary to repeal Act No. 200 and requests it to continue to provide information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret once more that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Discrimination on the basis of political opinion. In its earlier observation, the Committee noted with interest that, according to the Government’s report, section 95 of the Bill on the Status of Civil Servants and Public Employees, which was before the National Parliament, would repeal Act No. 200 of 17 July 1970, which, by stating that "no public official may engage in activities contrary to public order or to the democratic system established by the Constitution", could give rise to discriminatory practices based on political opinion. The Committee notes from the Government’s report that to date no Act in respect of public servants has been approved and that three Bills are before the National Parliament, of which one has the approval of the Drafting Committee. Recalling that it has been pointing out since 1985 that the section 34 of the abovementioned Act is in contravention of Article 1(1)(a) of the Convention, the Committee again urges the Government to take the measures necessary to repeal Act No. 200 and requests it to continue to provide information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Discrimination on the basis of political opinion. In its earlier observation, the Committee noted with interest that, according to the Government’s report, section 95 of the Bill on the Status of Civil Servants and Public Employees, which was before the National Parliament, would repeal Act No. 200 of 17 July 1970, which, by stating that "no public official may engage in activities contrary to public order or to the democratic system established by the Constitution", could give rise to discriminatory practices based on political opinion. The Committee notes from the Government’s report that to date no Act in respect of public servants has been approved and that three Bills are before the National Parliament, of which one has the approval of the Drafting Committee. Recalling that it has been pointing out since 1985 that the section 34 of the abovementioned Act is in contravention of Article 1(1)(a) of the Convention, the Committee again urges the Government to take the measures necessary to repeal Act No. 200 and requests it to continue to provide information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

  Discrimination on the basis of political opinion. In its earlier observation, the Committee noted with interest that, according to the Government’s report, section 95 of the Bill on the Status of Civil Servants and Public Employees, which was before the National Parliament, would repeal Act No. 200 of 17 July 1970, which, by stating that "no public official may engage in activities contrary to public order or to the democratic system established by the Constitution", could give rise to discriminatory practices based on political opinion. The Committee notes from the Government’s report that to date no Act in respect of public servants has been approved and that three Bills are before the National Parliament, of which one has the approval of the Drafting Committee. Recalling that it has been pointing out since 1985 that the section 34 of the abovementioned Act is in contravention of Article 1(1)(a) of the Convention, the Committee again urges the Government to take the measures necessary to repeal Act No. 200 and requests it to continue to provide information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination on the basis of political opinion.  In its earlier observation, the Committee noted with interest that, according to the Government’s report, section 95 of the Bill on the Status of Civil Servants and Public Employees, which was before the National Parliament, would repeal Act No. 200 of 17 July 1970, which, by stating that "no public official may engage in activities contrary to public order or to the democratic system established by the Constitution", could give rise to discriminatory practices based on political opinion. The Committee notes from the Government’s report that to date no Act in respect of public servants has been approved and that three Bills are before the National Parliament, of which one has the approval of the Drafting Committee. Recalling that it has been pointing out since 1985 that the section 34 of the abovementioned Act is in contravention of Article 1(1)(a) of the Convention, the Committee again urges the Government to take the measures necessary to repeal Act No. 200 and requests it to continue to provide information in this respect.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its reports.

1. Discrimination on the ground of political opinion. The Committee notes with interest that, according to the Government's report, section 95 of the Bill on the Status of Civil Servants and Public Employees which is now before the National Parliament would repeal Act No. 200 of 17 July 1970 which states that no public official may engage in activities contrary to public order or to the democratic system established by the Constitution which might permit discrimination on the basis of political opinion, contrary to Article 1, paragraph 1(a), of the Convention. The Committee requests the Government to supply information in its next report on the adoption of the Bill relating to civil servants.

2. The Committee had asked the Government to supply information on specific measures taken or contemplated to guarantee freedom of political opinion to all categories of workers in practice, and to protect them against discrimination in employment on the ground of political opinion. The Committee notes the Government's information on this subject according to which, under constitutional and legal provisions, efforts have been made to avoid discrimination in employment and occupation. It indicates that both in the public administration and in the judicial authorities there are many people occupying senior posts without belonging to the Government party. The Committee requests the Government to supply information on the results of any labour inspections which have reported discrimination on the basis of any of the criteria of the Convention and legal decisions on the matter, if any.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that, according to the Government, it is taking the necessary measures to ensure compliance with the provisions of the Convention and in accordance to the indications given by the Committee of Experts regarding the national policy aimed at promoting equality of opportunity and treatment in employment and occupation as required under Article 2 of the Convention.

1. Discrimination on the ground of political opinion. The Committee notes from the Government's report that the provisions of the 1992 Constitution are supreme, prevail over any other legal texts, and (in article 88) ban any discrimination on, inter alia, political preferences. However, recalling that section 34 of the Public Employees' Statute (Act No. 200 of 17 July 1970) which states that no public official may engage in activities contrary to public order or to the democratic system established by the national Constitution might permit discrimination on the basis of political opinion contrary to Article 1, paragraph 1(a), of the Convention, the Committee urges the Government to take the necessary measures to repeal explicitly Act No. 200 in law as in practice, and to keep it informed of any steps taken in this regard. In this context, the Committee notes that Parliament is studying two bills, one relating to public officials and another for a new Penal Code. The Committee therefore asks the Government to provide information in the next report on the adoption of these bills, including clarification on whether the proposed new special public service law will amend the provision of the present one regarding political activity.

2. Noting the Government's reliance on legislative and constitutional provisions prohibiting discrimination on the ground of, inter alia, political opinion, in reply to its previous comments, the Committee requests the Government to provide information on specific measures taken or contemplated to guarantee effectively freedom of political opinion to all categories of workers in actual practice, and to protect them against discrimination in employment based on this ground.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government. The Committee also notes the tripartite consultations which were held in the context of the technical assistance provided by the ILO to the Government for the revision of the Labour Code, which was adopted in October 1993.

1. In previous comments, the Committee referred to section 34 of Act No. 200 of 17 July 1970 establishing the Public Employees' Statute, according to which no public employee may engage in activities contrary to the public order or to the democratic system established by the national Constitution, under penalty of serious disciplinary sanctions. The Committee notes the Government's statement that the emergence of a new democratic regime has made it possible to bring an end to decades of authoritarianism, dictatorship and denial of human rights, and that the new national Constitution of July 1992, in view of its supremacy over other legal texts, repealed Act No. 200 in practice. While noting that, for lack of time, the Congress has not been able to examine the legislative reforms needed for the democratic transition, the Committee recalls that section 34 above is contrary to the principles of the Convention, since it permits the authorities to practice discrimination in employment on the ground of political opinion (Article 1, paragraph 1(a), of the Convention). The Committee trusts that the Government will be able to report progress in this respect in its next report. It requests the Government to transmit copies of any legal text which affects the implementation of the Convention and, in particular, to report on the progress achieved in the amendment of the Penal Code, some provisions of which provide for sanctions on political grounds in the case of certain categories of workers.

2. The Committee also raised the question of the limitations established by Act No. 294 of 17 October 1955 respecting the defence of democracy, on the freedom of political opinion of persons working in the public sector or in enterprises which are assimilated to the public sector, which was specifically repealed on 4 September 1989 by Act No. 09/89. The Committee would be grateful if the Government would indicate how, under these conditions, it fully guarantees in practice the freedom of opinion of all categories of workers and how it provides them with protection against any discrimination in employment based on this criterion.

3. Furthermore, the Committee draws the Government's attention to Article 2 of the Convention, in accordance with which the member State is bound to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment, with a view to eliminating any discrimination in respect thereof. The Committee requests the Government to refer to Chapter IV of its 1988 General Survey on Equality in Employment and Occupation concerning the implementation of the principles set out in the Convention. In particular, paragraphs 158 to 169 give precise indications on the formulation of this policy. The Committee would be grateful if the Government would supply information in its next report on any progress achieved in this respect.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In previous comments, the Committee has referred to section 34 of Act No. 200 establishing the Public Employees' Statute, according to which no public employee may engage in activities contrary to public order or to the democratic system established by the national Constitution. The Committee notes the information provided by the Government in its report, concerning the practical application of section 34 of Act No. 200, to the effect that if public employees engage in activities contrary to public order they may be removed from their posts and barred from holding public office for a period of from two to five years (section 49.5 of Act No. 200). The Committee recalls that provisions restricting the political activities of public employees may have the effect of excluding from the scope of constitutional and legal protection against discrimination with regard to employment, persons who express or manifest certain opinions or political ideas which are contrary to the opinions of the established authorities. It is therefore important to ascertain whether, in practice, the above provisions lead to discrimination on the basis of political opinion for the categories of workers concerned. The Committee, in order to be able to ascertain the effect given to the Convention, hopes that the new Government will provide a copy of any sentences handed down or decisions made by virtue of sections 34 and 49.5 of Act No. 200, and will supply any further information that may enable it to ascertain the scope of the provision contained in section 34 of Act No. 200. 2. The Committee hopes that the next report will contain information on the above questions, in view of the repeal, in 1989, of Act No. 294 and the statement contained in the last report, to the effect that the national government fully guarantees freedom of opinion for all sectors of the population. 3. The Committee refers to its direct request of 1989 concerning a draft amendment to the Penal Code (members of certain organizations liable to dismissal and disqualification from public or municipal service on the police force). It requests the Government, in its next report, to indicate the present status of the above draft and to provide, if appropriate, the text of the provisions adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Further to its previous comments, the Committee notes with interest from the Government's last report that Act No. 294 (Defence of Democracy Act) which prohibited the employment of members of the Communist Party or of the other organisations referred to in the Act, in public institutions, services maintained by the State or by municipal authorities, enterprises providing public services and private education establishments, has been repealed by Act No. 09/89 of 4 September 1989. The Committee asks the Government to supply a copy of Act No. 09/89 with its next report.

2. The Committee notes that the report contains no information in reply to the point raised in its previous observation, which is reproduced hereunder:

In previous comments, the Committee has referred to section 34 of Act No. 200 establishing the Public Employees' Statute, according to which no public employee may engage in activities contrary to public order or to the democratic system established by the national Constitution.

The Committee notes the information provided by the Government in its report, concerning the practical application of section 34 of Act No. 200, to the effect that if public employees engage in activities contrary to puboic order they may be removed from their posts and barred from holding public office for a period of from two to five years (section 49.5 of Act No. 200).

The Committee recalls that provisions restricting the political activities of public employees may have the effect of excluding from the scope of constitutional and legal protection against discrimination with regard to employment, persons who express or manifest certain opinions or political ideas which are contrary to the opinions of the established authorities. It is therefore important to ascertain whether, in practice, the above provisions lead to discrimination on the basis of political opinion for the categories of workers concerned.

The Committee, in order to be able to ascertain the effect given to the Convention, hopes that the new Government will provide a copy of any sentences handed down or decisions made by virtue of sections 34 and 49.5 of Act No. 200, and will supply any further information that may enable it to ascertain the scope of the provision contained in section 34 of Act No. 200.

The Committee hopes that the next report will contain information on the above questions, in view of the repeal of Act No. 294 and the statement contained in the last report, to the effect that the national government fully guarantees freedom of opinion for all sectors of the population.

3. The Committee refers to its direct request of 1989 concerning a draft amendment to the Penal Code. It requests the Government, in its next report, to indicate the present status of the above draft and to provide, if appropriate, the text of the provisions adopted.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has become aware of a draft amendment to the Penal Code, which has been presented to Congress and which is to repeal Act No. 294 on which the Committee commented in its observation.

The Committee notes that section 153 of the draft amendment to the Penal Code refers to persons who group together as members or affiliates of an organisation which, in order to achieve its political ends, proposes the destruction, with or without the use of violence, of the republican, democratic and representative system of government established by the Constitution and the multi-party system. By virtue of the same provision, such persons receive the same treatment as those who join together to break the law and are liable, in addition to the penalties of imprisonment set forth in section 152, to dismissal and disqualification if they are employed or hold office in the public or municipal service or the police.

The Committee refers to the comments it has made in its observation concerning the protection afforded by the Convention to the expression of political opinion.

The Committee requests the Government to provide information on the present status of the draft amendment to the Penal Code and hopes that, as part of the revision, the necessary measures will be taken to ensure observance of the Convention.

The Committee takes note of the information provided by the Government concerning the confidential duties referred to in section 8 of Act No. 200.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In previous comments, the Committee has referred to section 34 of Act No. 200 establishing the Public Employees' Statute, according to which no public employee may engage in activities contrary to public order or to the democratic system established by the national Constitution.

The Committee notes the information provided by the Government in its report, concerning the practical application of section 34 of Act No. 200, to the effect that if public employees engage in activities contrary to public order they may be removed from their posts and barred from holding public office for a period of from two to five years (section 49.5 of Act No. 200).

The Committee recalls that provisions restricting the political activities of public employees may have the effect of excluding from the scope of constitutional and legal protection against discrimination with regard to employment, persons who express or manifest certain opinions or political ideas which are contrary to the opinions of the established authorities. It is therefore important to ascertain whether, in practice, the above provisions lead to discrimination on the basis of political opinion for the categories of workers concerned.

The Committee, in order to be able to ascertain the effect given to the Convention, hopes that the new Government will provide a copy of any sentences handed down or decisions made by virtue of sections 34 and 49.5 of Act No. 200, and will supply any further information that may enable it to ascertain the scope of the provision contained in section 34 of Act No. 200.

2. The Committee has also referred to sections 10, 11 and 14 of Act No. 294 (Defence of Democracy Act) under which:

No public institution or service maintained by the State or by municipal authorities, or enterprises providing public services, may employ public servants, employees or manual workers who are members, openly or secretly, of the Communist Party or of the other organisations referred to in this Act, or who have committed any of the offences set out in the Act. (section 10); The executive authority shall close any private teaching establishment that does not exclude from its managerial, teaching or administrative staff, persons who are members, openly or secretly, of the unlawful organisations referred to in this Act, or who have been sentenced for any of the offences punishable under the Act. (section 11); Public servants who are convicted of any such offences shall be dismissed, and in addition to their corresponding sentences, shall be totally disqualified for twice the length of their sentence. (section 14).

In its report, the Government states that it has taken due note of the comment made by the Committee of Experts concerning sections 10, 11 and 14 of the Defence of Democracy Act.

The Committee recalls that the Convention affords protection against any discrimination on grounds, inter alia, of political opinion. It also recalls the indications in paragraph 57 of its 1988 General Survey on Equality in Employment and Occupation, to the effect that the protection of freedom of expression is aimed not merely at the individual's intellectual satisfaction at being able to speak his mind, but rather - and especially as regards the expression of political opinions - at giving him an opportunity to seek to influence decisions in the political, economic and social life of his society. For his political views to have an impact, the individual generally acts in conjunction with others. Political organisations and parties constitute a framework within which the members seek to secure wider acceptance of their opinions. To be meaningful, the protection of political opinions must therefore extend to their collective advocacy within such entities. Measures taken against a person by reference to the aims of an organisation or party to which he belongs imply that he must not associate himself with those aims and accordingly restrict his freedom to manifest his opinions.

The Committee wishes to recall also that, under Article 3(c) of the Convention, each Member for which this Convention is in force undertakes, by methods appropriate to national conditions and practice, to repeal any statutory provisions and modify any administrative practices which are inconsistent with the principles of equality set forth in the Convention.

The Committee firmly hopes that the new Government of Paraguay will take the necessary measures for the repeal of sections 10, 11 and 14 of Act No. 294 and that the Government will report on progress made in this respect.

The Committee is also addressing a request directly to the Government on this point.