Texts of pending comments

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

The Committee notes the discussion held in June 2017 in the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee). The Committee notes the Government’s report received in 2019, and the observations of the International Organisation of Employers (IOE), received on 1 September 2017, the International Trade Union Confederation (ITUC), received on 1 September 2017 and 9 September 2019, the Central Confederation of Workers Authentic (CUT-A), received on 2 September 2017 and 30 August 2019, and the National Confederation of Workers (CNT), received on 26 August 2019.

Articles 1(1), 2(1) and 25 of the Convention. 1. Institutional framework for action to combat forced labour. In its previous comments, the Committee considered that the adoption of the National Strategy for the Prevention of Forced Labour 2016-20 (Decree No. 6285 of 15 November 2016) constituted an important step in action to combat forced labour. It urged the Government to take the necessary measures for the effective implementation of the Strategy, particularly in regions and sectors where indicators of the existence of forced labour have been detected and to raise awareness of the issue. The Committee notes that, in its conclusions, the Conference Committee urged the Government to: continue including the social partners in the process of the implementation of the Strategy; develop regional action plans; and develop priority action to raise awareness of forced labour and protect victims.

The Committee notes the Government’s indication in its report that Decree No. 7865 of 12 October 2017 provided for the establishment of the National Commission on Fundamental Labour Rights and the Prevention of Forced Labour (CONTRAFOR), under the responsibility of the Ministry of Labour, Employment and Social Security (MTESS), replacing the Commission on Fundamental Labour Rights and the Prevention of Forced Labour. The participants in the Commission include the representatives of 14 ministries, the Paraguay Indigenous Institute (INDI) and the Council of Indigenous Peoples of Chaco, as well as representatives of employers’ and workers’ organizations. The general function of the CONTRAFOR is to coordinate public policies for the prevention and eradication of forced labour at the national level, and specifically to determine the processes for the implementation of the National Strategy for the Prevention of Forced Labour 2016-20 and to propose relevant adjustments. The Committee also welcomes the adoption, through the CONTRAFOR, of the Plan of Action for the prevention and eradication of forced labour in Paraguay 2017-19. The Plan covers three areas: (i) the preparation of a diagnostic study on the situation with regard to forced labour; (ii) interinstitutional and tripartite coordination (including the coordination of action for the implementation of the Strategy and the strengthening of labour inspection so as to be able to deal effectively with complaints and denunciations); and (iii) awareness and visibility of the issue of forced labour. The Plan also calls for the Monitoring and Evaluation Commission, which includes representatives of social partners, to prepare an annual report on progress and the achievement of the planned objectives as a basis for making adjustments and coordinating the development of the next plan of action.

The Committee notes that, in her 2018 report on her mission to Paraguay, the United Nations Special Rapporteur on contemporary forms of slavery commended the Government on the positive steps taken in the development of a legal and institutional framework in the country to combat modern forms of slavery and also emphasized as a positive development the greater awareness in society of the various forms of exploitation (A/HRC/39/52/Add.1, paragraph 18).

The Committee welcomes the efforts made by the Government to strengthen the institutional framework to combat forced labour and firmly encourages the Government to continue taking measures for the full implementation of the National Strategy for the prevention of forced labour and the Plan of Action for the prevention and eradication of forced labour in Paraguay 2017-19. The Committee requests the Government to provide information on the results achieved, including specific information on the roles assigned to the institutions responsible for its implementation, interinstitutional coordination mechanisms, the adoption of regional plans, the annual reports prepared by the Monitoring and Evaluation Commission and the diagnostic study on forced labour, including information on the factors that are identified as potential facilitators of forced labour. The Committee further requests the Government to provide information on the process of the development and adoption of the second National Strategy for the prevention of forced labour and encourages the Government to promote tripartite dialogue in its action to combat forced labour.

2. Exploitation of the labour of indigenous workers in the Chaco. For several years, the Committee has been urging the Government to take measures to bring an end to the economic exploitation, and particularly the debt bondage of indigenous workers in the Chaco region. The Committee has drawn attention to the need to reinforce the presence of the State in that region so as to be able to identify victims and carry out investigations of the complaints received. In this regard, the Committee previously noted the establishment of a Labour Office in the locality of Teniente Irala Fernández (central Chaco) and the recruitment of 30 labour inspectors at the national level, the establishment of new courts in the Chaco region (including labour tribunals) and of the subcommission of the Commission on Fundamental Labour Rights and the Prevention of Forced Labour in the Chaco region. The Committee observes that the Conference Committee also urged the Government to allocate sufficient material and human resources to the Ministry of Labour offices in the Chaco region to receive workers’ complaints and reports of forced labour and take appropriate measures to ensure that in practice victims are in a position to turn to the competent authorities.

In its report, the Government refers to the conclusion, in July 2017, of a Framework Interinstitutional Cooperation Agreement between the MTESS and the government of the Department of Boquerón with a view to the strengthening of the activities of the MTESS in the Chaco region in order to, inter alia, facilitate the access to information and complaint procedures for all members of indigenous peoples. Within this framework, the Office of the Labour Department for Indigenous Peoples was established in March 2018 in the city of Filadelfia, Department of Boquerón (Chaco). The Office has since been strengthened and offers an accessible complaints procedure for workers and is raising the awareness of indigenous peoples concerning their rights and providing them with advice. The Government also provides information on awareness-raising campaigns (“The Paraguayan Chaco with decent work”) and capacity-building workshops for the population of the Paraguayan Chaco on their labour rights in various languages (Spanish, Guaraní, Enxet, Sanapaná, Nivaclé, Ayoreo, Toba Qom, German and the Menonnite dialect), as well as for the private sector and public officials. The Government indicates that since 2018 it has been taking action to strengthen the Regional Office of the MTESS in the Chaco, including: the preparation of a list of public institutions in the three districts of the Boquerón (Filadelfia, Mariscal Estigarribia and Loma Plata) with which the Regional Office has constant relations, the development of a list of indigenous communities in each district; and the organization of the Office to receive, provide advice to and mediate between employers and workers. In the month of January 2019, a total of 117 persons received advice from the MTESS in the city of Filadelfia.

The Committee notes that, in its observations, the ITUC indicates that the Filadelfia Office does not have the minimum level of administrative resources necessary for its operation nor the independence to ascertain possible irregularities on site. The ITUC indicates that the Government has not provided information to workers’ organizations on the activities of the Office, the number of complaints received and the action taken on forced labour and other violations of labour rights. The CUT-A indicates that the Filadelfia Office does not have staff trained in “building a case” and gathering evidence, or in interviewing potential victims. The CUT-A adds that it does not have information on the outcome of any interventions that have been made, hence the ongoing lack of exemplary penalties.

The Committee notes that, in her report, the United Nations Special Rapporteur observes that, according to information received, cooperatives and ranches generally comply with the national legislation and there have been recent improvements in the level of compliance in the Chaco region. Nevertheless, she remains concerned at cases of forced and slave labour in smaller workplaces and more remote and less accessible ranches, and at labour practices that she views as exploitative (para. 50).

The Committee encourages the Government to intensify its efforts to facilitate the access of indigenous workers to administrative and judicial procedures to report situations of forced labour, taking into account their geographical location, linguistic and cultural situation and educational level. In this regard, the Committee requests the Government to continue taking measures to ensure the presence of inspectors in the most remote areas of the Chaco where indigenous workers are present, and to indicate the current number of inspectors covering the region and their geographical distribution, the number of inspections undertaken, complaints received and administrative and criminal penalties imposed, and the manner in which the Ministry of Labour cooperates with the Office of the Public Prosecutor and the police for the investigation of cases of forced labour. The Committee also requests the Government to indicate the measures taken to protect workers who have reported being the victims of forced labour and in providing them with support and assistance. It also requests it indicate the manner in which the MTESS collaborates with the Paraguay Indigenous Institute for the identification and action to address problems affecting the indigenous peoples of the Chaco which make them vulnerable to situations of forced labour.

3. Article 25. Application of penal sanctions. The Committee previously noted that persons who exact forced labour (debt bondage and other practices involving forced labour) have not been prosecuted or penalized. In the same way as the Conference Committee, the present Committee requested the Government to ensure that the criminal law contains sufficiently specific provisions adapted to national circumstances to enable the competent authorities to initiate criminal proceedings against the perpetrators of these practices. The Government indicates that a preliminary draft Bill has been prepared to criminalize forced labour and that it establishes a sentence of imprisonment of up to five years or a fine for any person “who through force or threats compels another person to perform work or provide a service, irrespective of whether or not it is paid”. The preliminary draft text contains a list of aggravating circumstances which carry a sentence of imprisonment of up to ten years. These circumstances include the fact of submitting the victim to a situation of slavery, servitude or degrading conditions that undermine their humanity or the victim being in a seriously defenceless or vulnerable situation. The Committee also notes the adoption of the Tripartite and Interinstitutional Guide on Intervention in Cases of Forced Labour, which contains indicators of forced labour and proposes intervention maps in cases of complaints of forced labour, from both a criminal and a labour perspective. The Guide makes it clear that in cases where there has been no complaint, but it is known that there is a situation of forced labour, the Office of the Public Prosecutor must take action at its own initiative.

The Committee observes that the penalty envisaged when there are no aggravating circumstances, that is a sentence of imprisonment of up to five years or a fine, is not sufficiently dissuasive. Indeed, the Committee has already indicated that “when the envisaged sanction consists of a fine or a very short prison sentence, […] it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive” (2012 General Survey on the fundamental Conventions, paragraph 319). While welcoming the preparation of draft legislation criminalizing and penalizing forced labour, the Committee trusts that the Government will take the necessary measures to review the draft legislation to ensure that the exaction of forced labour is punishable by criminal penalties that are really effective and sufficiently dissuasive. The Committee trusts that the draft legislation will be adopted in the very near future and requests the Government to provide information on the awareness-raising and capacity-building activities undertaken to promote knowledge of the legislation and its use by the competent authorities. The Committee also once again requests the Government to provide information on the prosecutions initiated against persons who exact forced labour and their outcome.

Article 2(2)(c). Obligation to work imposed on non-convicted detainees. For several 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 subject to security measures in a prison (section 10 in conjunction with section 39). The Committee previously requested the Government to take measures to formally repeal these provisions of the Act. The Committee notes the Government’s indication that in 2017 a formal proposal was submitted for the repeal of section 39 of the Prison Act No. 210/70 in order to harmonize it with the provisions of the Convention. This proposal was submitted to the Office of the President of the Republic for referral to the National Congress. The proposal was sent back to the MTESS by the Office of the President accompanied by legal opinion No. AJ/2017/No. 1073 of 16 July 2018, with the recommendation to obtain the legal opinion of the Ministry of Justice concerning the draft text. The Committee urges the Government to continue taking the necessary measures for the prompt approval of the draft legislation repealing section 39 of Act No. 210/70 on the prison system and to provide information in this regard.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework for the prevention and repression of trafficking in persons. In its previous comments, the Committee noted the consolidation of the institutional framework for action to combat trafficking in persons, and emphasized in particular the action undertaken by the Interinstitutional Forum for preventing and combating trafficking in persons, established in the Ministry for Women, and the Specialized Unit to combat trafficking in persons and the sexual exploitation of boys, girls and young persons (UFETESI). It requested the Government to continue strengthening the resources and capacities of the competent authorities for the identification of cases of trafficking in persons for both labour exploitation and sexual exploitation, and to provide information on the adoption of the National Plan to prevent and combat trafficking in persons.

In its report, the Government provides information on the technical approval of the National Plan for the prevention of trafficking in persons by the Interinstitutional Forum for preventing and combating trafficking in persons in the Republic of Paraguay. The Committee observes, that according to the information available on the official website of the Ministry of Foreign Affairs, in August 2020 a workshop was held for the approval of the Plan during which, with the participation of most of the members of the Interinstitutional Forum, the text was unanimously approved.

The Committee also notes the detailed information on the interventions of the Unit to combat trafficking in persons and the sexual exploitation of boys, girls and young persons of the Office of the Public Prosecutor to build the capacities of the competent authorities (investigators, magistrates, police officers, labour inspectors, officials in the migration services) and to release victims of trafficking in persons. The Committee also notes that the Office of the Public Prosecutor has a system to receive complaints, as well as a Manual of Operational Procedures which covers cases of victimization, assistance to victims, the recording of cases and the evaluation of risks. In 2018, a total of 110 complaints of trafficking in persons were dealt with, 201 complaints of pornography and 51 complaints of proxenetism, and a total of 15 convictions were obtained. Between January and June 2019, the Unit received a total of 68 complaints concerning trafficking in persons, nine for pornography and 63 for proxenetism.

The Committee hopes that the National Plan for the prevention of trafficking in persons will be adopted in the very near future and requests the Government to provide information on the measures adopted by the competent bodies for its effective implementation. In this regard, the Committee requests the Government to indicate whether the authority responsible for coordinating the application of the Plan undertakes a regular evaluation of the progress achieved and the difficulties encountered. The Committee also requests the Government to continue providing information on the awareness-raising and capacity-building activities undertaken, and on the cases of trafficking in persons reported, current prosecutions and the penalties imposed.

2. Protection of victims. The Committee notes the information on the support provided to victims of trafficking by the UFETESI and the Ministry of Women, which provide comprehensive support (protection, and psychological, social and legal support) and continued assistance to victims through its referral centre and its temporary accommodation. It notes that in 2018 the technical support department of the UFETESI provided assistance to a total of 110 victims, consisting of 95 women and 15 men. Since 2017, the UFETESI, through the seed fund for immediate assistance to victims of trafficking in persons has been implementing the Immediate Victim Support Plan, providing them with, among other forms of support, food, the payment of medical care, the payment of training, daily expenses (for foreign victims), the payment of accommodation in hotels (as a security measure and when the victims are men), and support for small micro-undertakings. With a view to the social and labour reintegration of victims of trafficking, the Government has supported the development of micro- undertakings by victims assisted by the Ministry of Women. Similarly, since 2016, the Ministry of Social Development has included coordinated assistance in its social programmes for women victims of trafficking, in the form of support for family, social and community reintegration. The Government also refers to the Guide on services for persons who are victims of trafficking, as a tool for actors in the justice system, which sets out a map of the services required by victims and an analysis of the services that exist in the country, by department.

The Committee notes the indication by the CUT-A in its observations that support measures for victims of trafficking are only focused on women and girls, and that other possible victims are not envisaged, such as men, indigenous persons of both sexes and transgender persons.

The Committee notes the action taken by the various Government institutions to provide support for victims of trafficking and encourages the Government to continue its efforts in this regard, including specific measures for men and LGBTI victims of trafficking for sexual exploitation and labour exploitation. The Committee requests the Government to provide information on this subject and to indicate the manner in which the various institutions coordinate their action. It also requests the Government to provide a copy of the Guide on services for victims of trafficking intended for actors in the justice system.

Article 2(2)(c). Prison labour. The Committee previously noted that persons sentenced to imprisonment are obliged to carry out work assigned to them. Without prejudice to this obligation, detainees are not forced to work, although an unfounded refusal to work is considered a violation of the rules and has a negative impact on the assessment of their behaviour (sections 138 and 139 of the Code of the Execution of Criminal Sentences). The work may be organized by the administration, through a decentralized entity, or by a mixed or private enterprise, or carried out on the own account of the detainee or through a cooperative system. Where the work is organized by a mixed or private enterprise, the detainee’s remuneration is equivalent to the wage paid on the free labour market. The Committee once again requests the Government to indicate whether and, if so, in what manner mixed or private enterprises are involved in the organization of the work of detainees, within or outside prison. It also requests the Government to specify how in practice the free and informed consent of prisoners is obtained for work for mixed or private enterprises.

The Committee takes note of the observations of the National Confederation of Workers (CNT) and the Confederation of Workers Authentic (CUT-A), received in 2019.

Articles 6, 7, 10 and 11 of the Convention. Labour inspectors. Status and conditions of service, recruitment, training, number and material conditions of work. In relation to its earlier comments, the Committee notes from the Government’s report that the establishment of the Ministry of Labour, Employment and Social Security (MTESS) by Act No. 5115 of 2013 has improved labour inspectors’ working conditions. The Committee notes in particular the information provided by the Government to the effect that: (i) their remuneration is higher than that under the former Ministry of Justice and Labour; (ii) open competitions have been held for the recruitment of new inspectors to the public service: the MTESS employed 31 inspectors in 2015 and 25 inspectors in 2019; (iii) the new inspectors have received training through the training plan put in place by the ILO Country Office for the Southern Cone of Latin America, and continuous training was given to inspectors from 2015 to 2019 in areas including forced labour, child labour, and occupational safety and health; and (iv) new office space has been allocated to the Directorate for Labour Inspection and Monitoring (DGIF), and the inspectors are provided with all office supplies.

The Committee notes in its observations that the CUT-A remains concerned that: (i) the number of inspectors (fewer than 30 in all), is insufficient to cover the entire national territory; (ii) there is a lack of initial and continuous training for inspectors and no profile whereby to determine the requirements for their posts; (iii) there is a lack of inspectors holding public servant status. Instead, inspectors are contracted employees, which prevents them from performing their functions fully; and (v) inspectors are poorly remunerated. The Committee also notes from the CNT’s observations with regard to public sector workers that the contracted employees do not enjoy the same employment conditions as appointed public servants, for example, the right to a retirement pension, healthcare or cover against occupational risks, occupational accidents and diseases.

The Committee notes from the information provided by the Government that all inspectors who entered the service in 2015 did so through a merit-based competition and enjoyed the status of temporary public servants, while 22 of the 25 inspectors employed in 2019 held the status of temporary public servants, while three inspectors held the status of permanent public servants. In that connection, the Committee notes the Government’s indication that inspectors obtain their posts through open competition in conformity with sections 15 and 35 of Act No. 1626 of 2000 on the Public Service, and Decree No 3857 of 2015, which approves the general regulations governing selection for entry and promotion in the public service for permanent and temporary posts. Section 8 of the Decree cited establishes merit-based competition as the technical mechanism of selection for the recruitment of persons to the public administration, applicable, inter alia, to technical, daily wage or professional posts.

The Committee recalls in respect of the temporary recruitment of labour inspectors, apparently the case for the large majority of inspectors, that that form of recruitment is not in conformity with Article 6 of the Convention, which provides that the status and conditions of service of the inspection staff must be such that they are assured of stability of employment and are independent of changes of government and of improper influences. The Committee urges the Government to take the necessary measures to ensure that the status and conditions of service of labour inspectors comply with the requirements of Article 6 of the Convention. In that respect, it also requests the Government to provide additional information of the salary structure and benefits applicable to labour inspectors and to public servants who perform similar functions in other government services (such as tax inspectors or the police). The Committee also requests the Government to indicate the measures taken or envisaged to increase the number of labour inspectors. The Committee further requests the Government to continue providing information on the number of inspectors and their distribution by region, their status and conditions of service, giving details of the method employed for their recruitment and of their remuneration. The Committee also requests the Government to provide information on the number of suitably equipped local offices, as well as on availability of transport facilities necessary for the performance of labour inspectors’ duties, in accordance with Article 11 of the Convention.

Articles 11, 12, 16 and 18. Application in the Chaco region. Further to its earlier comments on the creation of labour law enforcement units in the Chaco region, the Committee notes that CUT-A indicates deep concerns in its observations at the shortcomings in labour inspection in that region, and that although the Government has opened an MTESS office there, the office has neither the means nor the independence to monitor possible irregularities in situ, and that the inspectors are only able to enter rural properties under court order. Moreover, CUT-A points out that not only do workers have to go to the MTESS office to register their complaint, but they must also deliver the official notice to their employer summoning the employer to clarify the situation. The Committee requests the Government to communicate its comments in respect of the CUT-A’s observations. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), the Committee requests the Government to provide information on the functioning of the MTESS office established in the Chaco region and its impact on the application of the legislation on the working conditions and protection of workers in that region, including information on the number of inspection visits undertaken, the violations detected and the penalties imposed. The Committee also requests the Government to provide information on the number of labour inspectors at work in the region.

Article 12(1)(a). Restrictions on labour inspectors freely to enter workplaces liable to inspection. In its previous comments the Committee once again requested the Government to take the necessary measures, including through the amendment of Resolution No. 1278 of 2011 (which provides technical and legal guidance on aspects of the inspection and monitoring services and summary inspection procedures), to ensure that labour inspectors are empowered to enter freely any place liable to inspection. In that connection, the Committee notes the information provided by the Government to the effect that Resolution No. 47 of 2016 approved the general inspection procedure for monitoring labour, social security and occupational safety and health legislation, and repealed sections 1.1 and 1.19, on inspection processes, of Resolution No. 1278.

The Committee notes that article 3 of Resolution No. 47 provides that: (i) the general inspection procedure may be initiated ex officio, or by inspection order signed by the Minister or Vice-Minister of Labour, or at the request of a party. Once initiated, the DGIF will submit the complaints and/or requests for inspection to the legal counsel of the Vice-Minister of Labour, for a ruling on whether or not to proceed with an inspection (section 1.1.); (ii) in order to carry out inspections in response to complaints or requests, the respective inspection orders must be issued. Where the legal counsel of the Vice-Minister of Labour deems the orders inappropriate, they will be dismissed and filed (section 1.1.); (iii) in the case of an ex officio inspection or inspection at the request of a party (following acceptance of the request or complaint), the Director-General of Labour Inspection and Monitoring will submit a draft inspection order to the Minister or Vice-Minister of Labour for consideration (section 1.2.); (iv) the inspection orders must, among other requirements, be signed by the Minister or Vice-Minister; they are otherwise void (section 1.2.); (v) inspectors holding an inspection order are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and to remain there for the time required; and, (vi) to broaden the scope of the inspection (to monitor aspects not included under the inspection order), the inspectors must inform the Director-General of Labour Inspection and Monitoring, so that the Director-General may propose the consequent broadening of the inspection order to the Minister or Vice-Minister, including in the event of detection of imminent danger to the lives, physical integrity, safety and health of the workers (section 1.2.).

The Committee notes that Resolution No. 56 of 2017 amplifies Resolution No. 47 and approves the regulations governing the procedures for ensuring compliance with labour, social security, and occupational safety and health standards, and those for addressing non-compliance. Those regulations provide that: (i) the inspector dealing with the complaint alleging non-compliance and/or request for inspection shall submit the complaint to the Director-General of the DGIF for consideration (section 1); (ii) on receipt of the complaint and/or the request for inspection, the Director shall forward it to the Chief Legal Counsel of the Vice-Ministry of Labour, who shall decide whether or not an inspection is appropriate; if so, the DGIF shall submit the draft inspection order to the Minister or Vice-Minister of Labour (section 2); (iii) where the action is ex officio, the DGIF shall submit the draft inspection order for signature by the Minister or Vice-Minister (section 3); and (iv) Following endorsement by the Minister or Vice-Minister, the order shall be forwarded to the DGIF (section 4).

The Committee notes that by virtue of Resolutions Nos 47 and 56, only inspectors in possession of an inspection order signed by a higher competent authority (the Minister or Vice-Minister of Labour) may enter freely, at any hour of the day or night any workplace liable to inspection. The Committee recalls that Article 12 of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee also recalls that the requirement to obtain prior authorization before an inspection constitutes a restriction on the freedom of inspectors to conduct inspections, especially if they have reason to believe that an enterprise is violating compulsory legal provisions. The Committee therefore urges the Government to adopt without delay the necessary measures to amend MTESS Resolutions No. 47 of 2016 and 56 of 2017, on inspection procedure, to ensure compliance with labour, social security and safety and health standards, so as to guarantee that inspectors provided with proper credentials are able to enter freely any workplace liable to inspection, in accordance with Article 12(1)(a) of the Convention, without the need to obtain previous higher authorization.

Article 16. Frequency and thoroughness of labour inspections. The Committee notes that section 3(2.1) of Resolution No. 47 provides that: (i) more than one inspection visit may be made under one inspection order wherever the first visit has not made possible collection of all relevant data; and (ii) in no case may more than two visits be made under one inspection order.

In addition, the Committee notes from the observations of the CNT that for the period between 16 August and 1 November 2019 (slightly over two months) 98 enterprises where allegations of non-compliance with labour standards had been registered received inspection visits. The CNT points out, however, that while that figure represents a twofold increase in the number of monthly visits (about 40 visits) compared to the monthly average in 2017 and part of 2018, it is not even equivalent to one per cent of all enterprises listed, as at June 2019, by the Directorate for the Registration of Employers and Workers (59,567 enterprises nationwide). Consequently, the CNT indicates that the labour inspection is not fulfilling its fundamental role of ensuring compliance with the labour laws. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that workplaces are inspected as frequently and as thoroughly as is necessary to guarantee the effective application of the relevant legal provisions, in conformity with Article 16 of the Convention.

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

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. Further to its previous comments on participation by labour inspectors in monitoring migrants, the Committee notes from the Government’s report that in 2016 the General Directorate of Migration concluded an inter-institutional agreement with the Ministry of Labour, Employment and Social Security (MTESS), the Social Insurance Institute (IPS) and the Industrial Union of Paraguay, with a view to establishing a strategic alliance to monitor and regulate the situation of migrants undertaking work in the various regions of the country. The Government indicates that the aim of the agreement is to allow the parties to coordinate their work in order to monitor enterprises and workplaces housing documented or undocumented foreigners, so as to determine their migratory status and, when appropriate, regularize them as immigrants, complying with the Migrants Act and to giving effect to the labour law in force. The Committee requests the Governing to indicate the measures adopted or envisaged to ensure that the duties entrusted to labour inspectors under the inter-institutional agreement concluded by the DGM with other parties, do not interfere with the effective discharge of their primary duties, established in Article 3(1) of the Convention, or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, as provided in Article 3(2) of the Convention. Equally, the Committee requests the Government to provide information on the number of inspections in which labour inspectors participate under the inter-institutional agreement, the results obtained and the measures subsequently adopted, providing details of the number of cases which resulted in the regularization of the migrant workers.

Article 5(a). Cooperation between the inspection services and other government services and institutions. With regard to its previous comments concerning the Employer Worker Register, the Committee notes the adoption of Decree No. 8304 of 2017, regulating the registration of workers and employers, presentation of payrolls, communication and submission of electronic data and documents to the Administrative Labour Authority. The Committee also notes the adoption of Decree No. 9368 of 2018, which modifies certain provisions of Decree No. 8304. The latter Decree makes it obligatory for employers to register at the Department for the Registration of Employers and Workers of the MTESS within a fixed time-limit (section 3), it also provides for penalties in case of non-compliance with that obligation (section 6) and allows registration through the MTESS website and by means of the Unified System for Opening and Closing Businesses (SUACE), under the Ministry of Industry and Trade (section 4), specifying that the institutions that make up the SUACE will share data on the opening and closing of enterprises (section 14). In that regard, the Committee takes note of the information contained in the MTESS management reports from 2015 to 2019 on the operation of the Worker Employer Register, which includes the number of new employer registrations each year and, in some cases, the number of workers that they employ. The Committee also notes that the SUACE web site operates as a one-stop shop for information concerning the opening and/or formalization of enterprises, and is composed of the MTESS, the IPS and the DGM, and other institutions.

Still in relation to its previous comments, the Committee notes the Government’s indication that a framework agreement was concluded between the MTESS and the IPS in 2015, to share information on registration of enterprises in order to monitor social security contributions and registration of workers more closely against the payrolls recorded in the Employer Worker Register. In that regard, the Committee notes the adoption of the Resolution No. 593 of 2018, which provides for automatic migration of enterprises registered with the IPS when they are absent from the MTESS registry and that, according to the MTESS management report, 2018–2019, joint monitoring with the IPS is planned, under the coordination of the MTESS General Directorate of Labour Inspection and Monitoring (DGIF) and the IPS General Directorate of Workers’ and Employers’ Contributions, with the aim of detecting violations of labour standards and of uniting elements for social security monitoring, among other matters. The Committee requests the Government to provide further information on the way in which information received by the MTESS under the agreement concluded with IPS is used for the effective planning of inspection visits. The Committee also requests the Government to provide information on the number of inspections carried out jointly with the IPS and their results.

Article 18. Adequate and effectively enforced penalties for obstructing labour inspectors in the performance of their duties. Further to its earlier comments on the penalties for obstructing labour inspectors, the Committee notes that Title I of Book V of the Labour Code, which the Government references, provides for penalties for non-compliance with its provisions, but not for penalties for obstructing labour inspectors in the performance of their duties. In that regard, the Committee also notes that section 18 of Act No. 5115 of 2013, creating the MTESS, establishes that, for the proper and efficient performance of its functions and attributions, when circumstances so require and where there has been opposition to inspection, the Director-General of Inspection and Monitoring may request the competent labour court to issue a search order for public and private institutions, enforceable by public force. Section 3 of Resolution No. 47 of 2016, which approves the general inspection procedure for monitoring labour, social security and occupational safety and health legislation, establishes that: (i) during inspection visits inspectors may be accompanied, among other persons, by police officers (section 2.1.1.); (ii) where access to an enterprise, or a specific part of it, is refused, the inspector may submit a report on the situation to the Director-General of Inspection and Monitoring, in accordance with section 18(2) of Act No. 5115 (section 2.1.1.); and (iii) cases of obstruction of labour inspection include: preventing the inspector from questioning persons working in the workplace; removing, or allowing those persons to withdraw before being identified by the inspector; refusal by the employer, or by another person in charge, to provide information on workers that have not been adequately identified (section 2.1.2.). The Committee notes that neither Act No. 5115, nor Resolution No. 47 provide penalties for obstructing labour inspectors in the performance of their duties. The Committee requests the Government to provide information on the application of sections 3, 2.1.1. and 2.1.2. of Resolution No. 47, and of section 18 of Act No. 5115, which refer to cases of obstruction of labour inspectors in the performance of their duties, specifying the number of cases of obstruction observed and giving details of cases where a labour court has issued a search order in respect of workplaces liable to inspection and where the inspectors have been accompanied by the police. Likewise, the Committee requests the Government to adopt the measures necessary in order for the national legislation to provide adequate penalties for persons who obstruct inspectors in the performance of their duty, in accordance with Article 18 of the Convention.

Articles 20 and 21. Annual report on the work of the labour inspection services. Further to its previous comments, the Committee notes that section 26 of Act No. 5115 establishes that the Director-General of Inspection and Monitoring shall publish an annual report, of a general nature, on the work of the inspection service under his control. In that regard, the Government indicates that the DGIF is responsible for drawing up the report and for its transmission to the ILO. The Committee notes that the MTESS management reports for 2015 to 2019 (available on the MTESS website) contain a section on the activities of the DGIF and provide information on legislation relevant to the functioning of the labour inspection service and on the number of inspection visits.

Nevertheless, the Committee notes that the MTESS management reports do not consistently present complete information on: (i) the staff of the labour inspection service; (ii) statistics on the workplaces liable to inspection and the number of workers therein; (iii) statistics on violations committed and penalties imposed; of (iv) statistics on occupational accidents and occupational diseases. The Committee encourages the Government to continue its efforts in preparing and publishing annual reports on the activities of the labour inspection services. The Committee trusts that future reports will cover all the issues listed in Article 21 of the Convention. In that connection, the Committee reminds the Government that it may request ILO technical assistance.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) in a single comment.

Minimum wage

Articles 1 and 3(1) and (2)(1) and (2), of Convention No. 26, and Articles 1 and 3(1), (2) and (3) of Convention No. 99. Scope of application. Minimum wage-fixing machinery. In its previous comments, the Committee requested the Government to provide additional information on the reform process of the minimum wage policy and any results achieved. The Committee notes the Government’s indication in its report that, following consultations with the social partners, the minimum wage-fixing machinery was reformed through the adoption of Act No. 5764 of 29 November 2016, which amended section 255 and repealed section 256 of the Labour Code. The Committee notes that: (i) section 255 of the Labour Code provides that the examination of the adjustment of the minimum wage shall be undertaken by the executive authorities upon the proposal of the National Minimum Wage Council (CONASAM) based on the interannual fluctuations in the consumer price index and their impact on the national economy, in June each year; (ii) the CNASAM is a tripartite body in which representatives of employers and workers participate in equal numbers (section 252 of the Labour Code); and (iii) following the reform, adjustments were adopted to the minimum wage for workers in the private sector and workers in agricultural undertakings in 2016, 2017 and 2018.

Article 4 of Conventions Nos 26 and 99. Supervision and sanctions. With reference to its previous comments, the Committee notes the information provided by the Government on labour inspections and judicial proceedings relating to the minimum wage between 2015 and 2017. It also notes the Government’s indications that the General Directorate of Labour is planning to launch awareness-raising campaigns for employers on compliance with the payment of the minimum wage and that it is making available to the workers concerned individual and collective dispute settlement channels for complaints by those who are paid wages below the statutory minimum level. The Committee requests the Government to provide information on the awareness-raising campaigns on payment of the minimum wage that have been launched or planned, and on the cases dealt with by the individual and collective dispute settlement services relating to the minimum wage, including the number of cases, the problems reported and the results achieved. The Committee also refers to its comments on the application of the Labour Inspection Convention, 1947 (No. 81).

Protection of wages

Article 2 of Convention No. 95. Scope of application. With reference to its previous comments, the Committee notes the Government’s indication that the provisions of the Convention are applied to all persons in a dependent employment relationship at the national level and that they are implemented in the Labour Code.

Article 4(1). Partial payment of wages in kind. Prohibition of the payment of wages in the form of liquor of high alcoholic content or noxious drugs. With reference to its previous comments, the Committee notes the Government’s indication that: (i) the payment of wages in the form of liquor of high alcoholic content or noxious drugs is prohibited, as such forms of payment do not comply with the requirement that they be appropriate for the personal use and benefit of the worker and her or his family, as set out in section 231 of the Labour Code in respect of the partial payment of wages in kind; (ii) no complaints have been lodged by workers, including agricultural workers, concerning payments in the form of liquor of high alcoholic content or noxious drugs; and (iii) section 392 of the Labour Code provides that any employer who sets up at the workplace stores selling intoxicating drinks or drugs, or gambling facilities, shall be liable to a fine of a minimum of 30 days’ wages, which shall be doubled in the event of a repeat offence.

Articles 3, 6, 7(1) and 12(1). Payment of wages in legal tender and prohibition of payment in a form alleged to represent legal tender. Prohibition on limiting the freedom of workers to dispose of their wages. Prohibition of any coercion on workers to make use of works stores. Regular payment of wages. With reference to its previous comments, the Committee notes the information provided by the Government on the measures adopted in relation to the issue of forced labour, including inspections and visits in the Paraguayan Chaco region with a view to ascertaining working conditions. Recalling that this subject is being examined in the framework of the Forced Labour Convention, 1930 (No. 29), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee refers to its comments on the application of these Conventions.

Article 2(2) of the Convention. Minimum age for admission to employment in industrial undertakings. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that, in accordance with Article 2(2) of the Convention, the employment of children under 15 years of age may be authorized only in undertakings in which “only” members of the employer’s family are employed.

The Committee notes the Government’s indications in its report that the Code on Children and Young Persons authorizes young persons (from 14 to 17 years of age) to work only in safe circumstances that are not dangerous and that the established minimum age for dangerous work is 18 years.

The Committee also notes that under Chapter II, Part I, section 119, of the Labour Code (Act No. 213/93 establishing the Labour Code), “minors under 15 years of age may not work in any public or private industrial enterprise or any office thereof, other than those in which only members of the employer’s family are employed and provided that by its nature or the circumstances in which it is performed the work does not endanger the life, health or morals of minors.” Similarly, section 125 of the Labour Code lists the types of work in which it is prohibited to employ children under the age of 18 years, such as: (i) work related to alcoholic beverages; (ii) tasks or services likely to affect their morals or moral practices; (iii) itinerant work, without special authorization; (iv) dangerous or unhealthy work; (v) work for longer hours than their physical strength allows or that may hinder or delay normal physical development; and (vi) night work, during the periods provided for under section 122 and other periods determined by law.

In order to provide an overview of the issues relating to the application of the main Conventions on the medical examination of children, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Article 4(1) and (2) of Conventions Nos 77 and 78. Medical re-examination for fitness for employment until the age of 21 years. In its previous comments, the Committee requested the Government to take the necessary measures to supplement its legislation in order to establish, for occupations involving high health risks, the compulsory nature of the examination for fitness for employment and of re-examinations until at least the age of 21 years, in accordance with Article 4 of Conventions Nos 77 and 78. It also requested the Government to define the occupations or categories of occupations for which such an examination is required.

The Committee notes in the Government’s report that the Ministry of Health and Social Welfare, in the first half of 2019, supervised the various stages of the proposed amendment to sections 259–270 of Part IV of Decree No. 14390/1.992 on compulsory regular medical examinations for admission to employment. On 15 July 2019, the proposed amendment, formulated by an inter-institutional round table, was communicated to trade union confederations such as the Single Confederation of Workers, the National Confederation of Workers and the Industrial Union of Paraguay, and the Social Insurance Institute.

The Committee also notes that the report of the Directorate of Comprehensive Healthcare for Children and Young Persons (DIRSINA) indicates that the National Health Plan for Young Persons (2016–21) is in force, as well as other protocols and instruments for the protection of the health of working children or young people under 18 years of age. The Directorate also reports that physical and mental health certificates for work are valid for everyone, including young people from 15 to 18 years of age. The Committee requests the Government to indicate whether the proposed amendment to Decree No. 14390/1.992 takes into account the compulsory nature of the examination for fitness for employment and of re examinations until at least the age of 21 years, in occupations which involve high health risks, in accordance with Article 4 of Conventions Nos 77 and 78. It once again requests the Government to determine the occupations or categories of occupations for which such an examination is required.

Article 6. Application of the Conventions in practice. The Committee noted previously that the National Secretariat for the Rights of Persons with Disabilities (SENADIS) had carried out numerous activities, including the collection of statistical data, but that the Government had not provided any details on the statistics to which it referred. The Committee requested the Government to provide information on the infringements reported by the labour inspectorate and the penalties applied, as well as any other information concerning the application of the Conventions in practice.

The Committee notes that the Government refers to Act No. 6292 of 16 April 2019, which declares a state of emergency for persons with disabilities and envisages taking specific action on their behalf, with reference to Act No. 4720/012 establishing SENADIS with a mandate to coordinate action for people with disabilities. Section 20 of Act No. 4720/012 provides that persons with disabilities must register with the national register of persons with disabilities once they have received certification, and obtain a card from SENADIS in accordance with the applicable regulations. Organizations, persons and institutions that fail to comply with or that abuse the provisions of this Act are liable to penalties.

The Committee duly notes that according to the Government, SENADIS issued decision No. 648/19 to establish the internal procedures for the issuance of a disability certificate and that it also issued several other decisions in 2019 (No. 649/2019, No. 659/2019, No. 650/2019 and No. 734/2019) to decentralize the issuance of work certificates for persons with disabilities. During the first half of 2019, SENADIS issued 2,673 work certificates for persons with disabilities. In June 2019, a total of 2,071 persons with disabilities were working in the public sector, of whom 1,376 were men and 695 women.

The Committee also notes the programme implemented by the Ministry of Labour, Employment and Social Security (MTESS), SENADIS and the non-governmental organization Plan International, the objective of which is to improve the socio-economic conditions of 8,000 young people of between 15 and 29 years of age living in rural areas. The programme focuses mainly on the right to education and decent work, in the departments of Caaguazú, Paraguarí, Guairá y San Pedro. The programme includes SAPE’A 2.0 (“open your eyes” in Guaraní), a project implemented by the Children and Young Persons Protection Directorate in cooperation with non-governmental organization Saraki, which provides training courses to young people with disabilities, in addition to the courses provided by the National Vocational Education and Training System (SINAFOCAL).

In order to provide an overview of matters arising in relation to the application of the ratified Conventions on the night work of young persons, the Committee considers it appropriate to examine Conventions Nos 79 and 90 in a single comment.

Article 3 of Convention No. 79 and Article 2 of Convention No. 90. Period during which it is forbidden to work at night. In its previous comments, the Committee noted with interest that draft legislation amending section 58 of the Children and Young Persons Code had been formulated and submitted to the executive authorities in 2016 with a view to bringing the Code into conformity with the Conventions and with section 2 of Decree No. 4951 of 22 March 2005, which considers night work carried out between 7 p.m. and 7 a.m., a period of 12 hours, as hazardous work prohibited for young persons under 18 years of age. The Committee requested the Government to take the necessary measures to adopt the draft legislation amending section 58 of the Children and Young Persons Code.

The Committee takes note of the Government’s indication in its report that the draft legislation amending section 58 of Act No. 1680/01 (the Children and Young Persons Code) was presented to the National Congress on 2 September 2016 by the executive authority (file No. D-1641282). The Committee also notes that the opinion of several committees was sought, such as the Committee on Constitutional Affairs, the Committee on Legislation and Codification and the Committee on Justice. The Labour and Social Security Committee issued its opinion on the draft on 22 March 2017 and the Committee on Equity and Gender Equality issued its opinion on 31 May 2017. The Committee requests the Government to continue to take the necessary measures to ensure that the draft legislation amending section 58 of the Children and Young Persons Code, so as to prohibit night work for children for a period of 12 consecutive hours, is adopted as soon as possible.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government on the measures implemented with a view to improving the living standards of the population. The Government refers to the adoption in 2014 of the Paraguay National Development Plan 2030 (PND), which guides Government action in the short and medium term around three objectives: poverty reduction and social development; inclusive economic growth; and the integration of Paraguay into the world. In particular, the PND envisages the implementation of a series of measures to achieve equitable social development and increase the well-being of the population by improving the efficiency and transparency of public services (such as education and health), as well as access to housing and housing conditions. The PND identifies as priority population groups for the implementation of these measures those that are vulnerable, such as women, young persons, indigenous peoples, persons with disabilities and older persons. The Government reports the continued implementation of the Public Policy for Social Development 2010–20, the objectives of which include ensuring the access of the whole population to universal social goods and services which consolidate sustainable development, as well as reducing poverty and social exclusion. The Public Policy for Social Development provides that all citizens shall benefit from improved well-being, a high level of human development and greater equity in the distribution of income. The Committee refers to its observation on the application of the Employment Policy Convention, 1964 (No. 122), in which it notes the various social programmes implemented to improve the living conditions of poor and extremely poor families, such as the cash transfer programmes with co-responsibility Tekopora and Abrazo, the inclusive socio-economic support programme Tenodera, and the pilot project “Incubating Opportunities Family by Family”. The Government also reports the implementation of the assistance programme for fishers within the national territory, which provides subsidies for poor and vulnerable fishers’ families during the closed season for fishing. Moreover, on 19 September 2018, the social protection system known as Vamos was launched with the technical support of the European Union (EU) within the framework of the EUROsocial+ programme. The Government indicates that the social protection system coordinates and articulates the strategies of the various institutions with a view to guaranteeing access to social benefits for all citizens. The social protection system is based on three pillars: social assistance (non-contributory), socio-labour inclusion (labour inclusion and regulation policies) and social security (contributory). The Committee notes that, according to the report of 27 January 2017 of the United Nations Special Rapporteur on the right to food, over the past decade, the Paraguayan economy has grown by 5 per cent a year on average, which represents a higher level of growth than the majority of the neighbouring countries. During this period, there has also been an impressive reduction in poverty levels, which fell from 44 per cent in 2006 to 22 per cent in 2016. Nevertheless, the population living in extreme poverty, whose monthly per capita income does not cover the cost of a minimum food basket, amounts to approximately 687,000. Exclusion is greatest in rural areas, where extreme poverty rates are three times higher than in urban areas (A/HRC/34/48/Add.2, paragraphs 5 and 7). With reference to indigenous communities, the Committee notes that, in its concluding observations of 20 August 2019, the Human Rights Committee expressed concern at the high levels of poverty within these communities and the difficulties they face in access to education and health care, the slow progress made in registering and returning land and the consequent lack of comprehensive access to their lands and national resources (CCPR/C/PRY/CO/4, paragraph 44). The Committee requests the Government to provide detailed information, including statistics disaggregated by sex and age, on the results achieved by the Paraguay National Development Plan 2030, (PND), the Public Policy for Social Development 2010–20 and the social protection system, and on any programmes and measures intended to ensure the improvement of the standards of living of the population of Paraguay (Article 2), especially for groups in vulnerable situations, such as women, young people, persons with disabilities, older persons, small-scale producers engaged in subsistence agriculture and indigenous communities. While noting the high percentage of the population living in extreme poverty, especially in rural areas and among indigenous communities, the Committee requests the Government to take the necessary steps to ensure that such measures take into account the essential needs of workers’ families, such as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)). It also requests the Government to provide information on any measures adopted in this respect and their outcome.

Part III. Migrant workers. The Government reports the implementation of the project to strengthen the system for the administration of migration in Paraguay, with the technical support of the International Organization for Migration (IOM). Within the framework of this project, the National Migration Policy for the Republic of Paraguay was approved through Decree No. 4483/15 of 27 November 2015. Paragraph 62 of the National Migration Policy indicates that “immigrants and their family members who enter the country to stay temporarily or permanently shall be granted the same rights and constitutional and legal guarantees as nationals, including the right to decent work, social insurance, education and health, family reunion, the transmission and receipt of cash remittances in support of their families and access to justice and due process, within the framework of the corresponding laws.” In August 2016, a preliminary draft of the Migration Bill was submitted to the National Congress with the objective of restructuring, modernizing and adapting the administration of migration in Paraguay based on the approach of promoting the human rights of migrants. The Government also refers to the implementation, in collaboration with the IOM, of the project to strengthen Government capacities to combat trafficking in persons, which envisages the adoption of a series of measures with a view to combating trafficking in persons in the country, including the training of public officials, the preparation of a manual of procedures and the development of a system for the certification of victims of trafficking in persons, as well as a diagnostic analysis of trafficking of women and girls in Paraguay. The Committee requests the Government to provide updated information on the situation with regard to the consideration of the preliminary draft of the Migration Bill and to provide a copy once it has been adopted. The Committee also requests the Government to provide detailed and updated information on the impact of the National Migration Policy of the Republic of Paraguay, and any measures adopted to ensure that the terms and conditions of employment of migrant workers, both nationals and non-nationals, living away from their homes, take account of their family needs. The Committee also requests the Government to provide statistical data, disaggregated by sex and age, on the number of national and non-national migrant workers living away from their homes.

Part IV. Remuneration of workers. The Committee notes that the Government refers to various provisions of the Labour Code, which regulate the arrangements and procedures to be followed for the payment of wages to workers, in accordance with Articles 10 and 11 of the Convention. With regard to deductions from wages, the Government refers to section 240 of the Labour Code, which sets out the grounds on which a portion of the worker’s wage can be deducted, withheld or repaid, such as advances on wages made by the employer and contributions to compulsory social insurance. The Government adds that it is planned to adopt a Bill to establish a limit on deductions from wages authorized for workers in the public and private sectors, which is currently before the Senate for approval. Finally, the Government refers to section 242 of the Labour Code, which establishes the maximum amount (30 per cent of the monthly remuneration of the worker) and the manner in which advances on wages are reimbursed, in accordance with Article 12(1) of the Convention. The Committee requests the Government to provide information on the measures adopted with a view to facilitating the necessary supervision to ensure the proper payment of all wages earned and that employers keep registers of wage payments with a view to specifying the situation with regard to the payment of the wages of workers. The Committee also requests the Government to provide updated information on the situation with regard to the Bill to establish a limit on deductions from wages authorized for workers in the public and private sectors, and to provide a copy once it has been adopted.

Article 13. Voluntary forms of thrift. The Committee requests the Government to provide detailed and updated information on the measures adopted to encourage wage earners and independent producers to engage in the forms of voluntary forms of thrift envisaged by the Convention. It also requests the Government to indicate the measures adopted to protect them from usury, and particularly to specify the measures adopted with a view to reducing rates of interest on loans by controlling the operations of money lenders and by increasing facilities for borrowing money for appropriate purposes through cooperative credit organizations or through institutions under the control of the competent authority.

Part V. Non-discrimination. The Government refers to Article 88 of the National Constitution and section 9 of the Labour Code, which prohibit discrimination between workers. Section 47 of the Labour Code provides that contract clauses shall be null and void which establish on grounds of age, sex or nationality a wage lower than the pay of other workers in the same enterprise for work of equal efficiency, the same type of work and the same hours … . The Government reports the implementation of various measures to combat discrimination in all its forms. In this regard, the Government indicates that the PND envisages equality of opportunity for men and women as the transversal objective of all public policies implemented by the Government. The Government also refers to the implementation of the National Human Rights Plan, which includes a specific component on the “Transformation of structural inequalities for the enjoyment of human rights”. However, the Committee notes that, in the concluding observations of the Human Rights Committee, it expressed concern at reports about the limited implementation of the National Human Rights Plan and insufficient resources for its implementation, and at the fact that the Plan was not revised to reflect the agreements and consensus reached with State institutions and civil society prior to its adoption. The Human Rights Committee also expressed concern at the lack of a comprehensive anti-discrimination legal framework and the persistent discrimination suffered by women, persons of African descent, indigenous peoples, persons with disabilities, sex workers, lesbian, gay, bisexual, transsexual, transgender and intersex persons, and persons with HIV, especially in the areas of education, health care and employment (CCPR/C/PRY/CO/4, paragraphs 8 and 14). With reference to indigenous peoples, the Government provides a copy of the report of 29 June 2018 of the Ministry of Justice on the measures adopted in the country under the Indigenous and Tribal Peoples Convention, 1989 (No. 169). However, the Committee observes that, in its concluding observations of 4 October 2016, the Committee on the Elimination of Racial Discrimination (CERD) expressed concern that Afro-Paraguayan women and indigenous women continue to face multiple forms of discrimination with regard to … access to an adequate standard of living, education and work … (CERD/C/PRY/CO/4-6, paragraph 41). The Committee requests the Government to provide detailed and updated information on the impact of the Paraguayan National Development Plan 2030 (PND) and the National Human Rights Plan on the elimination of discrimination in practice between workers in relation to the various matters enumerated in Article 14(1) of the Convention. The Committee also requests the Government to provide updated information on any other measures adopted or envisaged in this regard.

Part VI. Education and training. The Committee refers to its direct request on the application of Convention No. 122, in which it notes the various vocational training and skills development courses provided by the National Vocational Training and Skills System (SINAFOCAL), in collaboration with workers` organizations. The Committee refers to its comments on Convention No. 122, in which it requests the Government to provide updated statistical data, disaggregated by age and sex, on the number of persons, including indigenous women and girls and those in rural areas, who are participating in education and training programmes, and the impact of the programmes on their access to decent, productive and lasting employment.

Articles 1 and 3 of the Convention. Active employment measures. Informal economy. The Committee notes that, according to the ILO technical report of 2018 on critical segments of labour informality in Paraguay, it is one of the countries in the region with the highest incidence of informal employment. The technical report indicates that, in 2016, seven out of every ten active persons were informal, which has led to a growing prioritization in national public policies on the formalization of workers. The Committee also observes that, according to the technical report, most informal workers receive income for the tasks performed that are far from the minimum levels set for formal employed persons. In particular, the report indicates that 68.7 per cent of informal employed persons in 2016 received wages below the statutory minimum wage which covers formal employed persons in a dependent employment relationship. In the case of own-account informal workers, income levels are substantially lower than those received by employed persons (83.8 per cent receive wages below the statutory minimum wage). Moreover, four in ten informal own-account workers are not able to rise above the poverty line with the income that they earn. In this context, the Committee notes the approval in February 2018 of the Integrated Strategy for the Formalization of Employment and Social Security by the Tripartite Advisory Economic Council, the objective of which is to achieve growth of approximately 25 per cent in the formalization of employment by 2030. This Strategy is included in the priority objectives and actions of the Paraguay National Development Plan 2030, which includes as a target the formalization of the economy with the objective of achieving 90 per cent formalization of economic activity in the principal economic sectors in the country by 2030. The Government adds that the Strategy includes social information and awareness-raising (such as decent-work fairs, visits to schools and free advisory services), as well as coordination and articulation between the institutions producing data on formality levels of enterprises, employment and social security. The Government reports the preparation of a proposal for the reinforcement of social security inspection with a view to promoting effective social security inspection and strengthening inter-institutional collaboration and coordination mechanisms between the Ministry of Labour and Social Security (MTESS) and the Social Insurance Institute (IPS). A protocol has also been prepared for application by various institutions, such as the General Directorate of Social Security and the General Directorate of Workers’ and Employers’ Contributions of the IPS, in the event that unregistered employment is identified through complaints, mediation, controls and inspection. However, the Committee notes that, according to the ILO technical report, the major challenges to formalization relate to those on the margins separating the informal economy from the formal economy, such as workers in rural areas. The technical report indicates that almost all own-account workers in agricultural, stock-raising and fishing are informal and that nine out of ten employed persons in those sectors are also informal. The formalization initiatives that have been carried out in the country do not cover work in rural areas, as they are focused on employed persons in urban areas. The report emphasizes that in certain cases the difficulty lies in the invisibility of the activity or in the low incomes associated with low-productivity activities which are insufficient to cover the costs of formalization. In other cases, the difficulty is particularly related to the lack of a public policy or the weaknesses of design and implementation that undermine its effectiveness. Finally, the Committee notes that, according to the report of 20 July 2018 of the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, “[w]orkers in the informal economy – who are more likely to be women – are often subject to a high degree of precariousness, have no access to social or workplace protection (a fundamental feature of decent work) and work in sectors not fully covered by labour laws, making them highly vulnerable to exploitation, including contemporary forms of slavery” (A/HRC/39/52/Add.1, paragraph 33). The Committee draws the Government’s attention to the guidance provided in the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). It requests the Government to continue providing detailed and updated information on the scope of the informal economy and the measures adopted in accordance with its national employment policy to facilitate the transition to the formal economy, particularly in rural areas of the country, including the measures adopted within the framework of the Integrated Strategy for the Formalization of Employment and Social Security, and their impact.

Coordination of employment policy with economic and social policies. The Committee notes, based on the report of the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, that “[a]lthough it has witnessed sustained growth in GDP over the past five years, it continues to be affected by significant levels of both poverty and inequality, and is one of the poorest countries in the Latin American region.” The report adds that “while the macroeconomic policy of attracting foreign investment to promote agribusiness (such as soya production and cattle farming) and establishing maquiladoras (manufacturing plants that import and assemble duty-free components for export) bolsters the economy, poverty and inequality continue. The fiscal benefits received by private businesses are not passed on in the form of job creation or social development for poorer communities. The policy aimed at transforming the country into a low-tax haven, with low minimum wages and labour market and administrative flexibility creates a situation whereby forced labour, child labour and hazardous child labour thrive, as many families send their children to work in order to survive. The policy also facilitates labour exploitation and obscures the State’s lack of investment in public policies” (A/HRC/39/52/Add.1, paragraphs 4 and 30). With regard to the implementation of social programmes, the Committee notes the Government’s reference, among other measures, to the implementation of cash transfer programmes with co-responsibility “Tekopora” and “Abrazo”, and the pilot project “Incubating Opportunities Family by Family”, intended for people in extreme poverty. The Committee notes, based on the information available in the ILO technical report of 2018, that in 2016 the “Tekopora” programme covered 700,000 people in poverty. Around half of those covered were children, while responsibility under the programme was assumed in 76 per cent of cases by women and 88 per cent of the participants were in rural areas. Finally, the Committee notes the implementation of the socio-economic programme to support inclusion known as “Tenodera”, which has the objective of providing families with productive, financial and social resources to generate their own incomes. The ILO technical report indicates that in 2016 some 11,540 families participated, in 75 per cent of which responsibility was assumed by women. However, the Committee notes that, according to the report of the United Nations Special Rapporteur, “[s]ocial investment has dropped while structural problems perpetuate discrimination and the marginalization of vulnerable and indigenous peoples, compounding their vulnerability and leading to their entrapment in contemporary forms of slavery” (paragraph 30). The Committee therefore requests the Government to provide information on the measures adopted or envisaged with a view to giving priority to full, productive and freely chosen employment in all growth and development strategies. The Committee also requests the Government to provide detailed information, disaggregated by age, sex and region of the country, on the results achieved in terms of the generation of employment as a result of the implementation of government programmes.

Articles 1 to 3 of the Convention. Implementation of an active employment policy. Participation of the social partners. The Committee notes that, according to information available on the Government’s website, in November 2018 the National Employment Plan was in the process of being prepared with ILO support. The objectives of the Plan include the creation of decent jobs and the improvement of the functioning of the labour market, so that they are aligned with the objectives of the National Development Plan (PND) and in compliance with the Sustainable Development Goals (SDGs). The principal elements of the programme include programmes to promote employment and entrepreneurship skills, the strengthening of employment services and their articulation with skills training. The Government indicates that the Plan will give special consideration to the situation of young people, due to the high rate of youth unemployment in the country. With regard to labour market trends, the Government indicates that, according to the Continuous Employment Survey of the Directorate General of Statistics, Surveys and Census (DGEEC), the activity rate in the third quarter of 2017 was around 65.7 per cent, which was lower than the figure for the same quarter in 2016. Over the same period, the activity rate fell from 93.1 per cent to 92.4 per cent, while the unemployment rate rose from 6.9 per cent to 7.6 per cent. The Committee also notes that the number of employed persons earning less than the minimum wage rose from 25.8 per cent to 27.6 per cent. Moreover, in 2017, approximately 4.1 per cent of the economically active population was underemployed. The Committee requests the Government to provide detailed and updated information on the formulation, adoption and implementation of the National Employment Plan and to indicate the manner in which the experience and views of the social partners were taken into account in this regard. The Committee also requests the Government to continue providing updated statistical data, disaggregated by age and sex, on the situation, level and trends of employment, underemployment and unemployment in both urban and rural areas of the country.

Contribution of the employment service to employment promotion. The Government indicates that the General Directorate of Employment has undertaken a series of measures with a view to improving labour intermediation, guidance and placement services for jobseekers who are unemployed or inactive. The objectives of the General Directorate of Employment include: promoting the access of the unemployed and underemployed to full employment, and the formalization of those engaged in informal productive work; promoting action to increase and improve employment, with emphasis on vulnerable groups; and developing relations with employment placement enterprises and organizations. The Government indicates that a total of 42,255 people were assisted by the public employment services between 2016 and May 2018. The Committee also notes the Government’s information concerning the implementation of the employment portal, entitled “Paraguay Can Do More” (Paraguay Puede Más), where those interested can register to have access to job vacancies. Moreover, in 2017, a total of 40 employment fairs were held focusing on the most vulnerable population groups, including persons with disabilities, single mothers and workers in the rural sector and maquila enterprises. Finally, the Government reiterates that the National Employment Office has concluded various cooperation agreements with local governments and that an increase in the number of local employment offices was planned for 2015 to reach a total of 29 offices throughout the national territory. The Committee requests the Government to provide detailed and updated information on the impact of the measures adopted to improve the quality of employment placement and guidance services and to increase the coverage of the network of employment offices throughout the country.

Youth employment. The Committee notes the information provided by the Government in its report on the measures adopted to promote youth employment. In particular, the Government refers, among other actions, to the holding of youth employment fairs, the development of skills training in educational institutions and the preparation of the document “Youth Employment Strategies 2016” with a view to promoting the integration of young people into employment and improving their situation on the labour market. The Government also reports on the implementation of the Employment Integration Support Programme (PAIL), co-financed by the Inter-American Development Bank (IADB), with the objective of improving the conditions of the employability of young people in Asunción and the Central Department through innovative training and skills development methods, financial support for skills development for vulnerable young people and the social commitment of enterprises, taking into account the gender perspective. Furthermore, in 2015, an Inter-institutional Round Table on Rural Youth Entrepreneurship was established with a view to developing the skills and generating sources of employment for youth in rural areas. The Government indicates that the Youth Employment Integration Act is undergoing a process of amendment due to the problems raised by its application in practice. However, the Committee notes that the Government has not provided information on the impact on the beneficiaries of the various programmes in terms of the lasting integration of young people into the labour market. The Committee reiterates its request to the Government to provide detailed information, disaggregated by sex and age, on the impact on the beneficiaries of government projects in terms of the lasting labour market integration of young people, including young people in rural areas. The Committee also requests the Government to provide a copy of the Youth Employment Integration Act once it has been amended and to indicate the extent to which the new contractual arrangements envisaged in the Act have contributed to the creation of productive employment for beneficiaries.

Promotion of small and medium-sized enterprises and employment promotion. In its previous comments, the Committee once again requested the Government to provide detailed information on the impact on productive and lasting employment creation of Act No. 4457 of 16 May 2012, establishing the regulatory framework to promote and encourage the creation, development and competitiveness of micro, small and medium-sized enterprises (MSMEs), and for their integration into the formal productive system for goods and services. It also requested the Government to indicate the manner in which the legislation in force ensures adequate labour protection for workers in MSMEs and enables the gradual integration of workers in the informal economy into the formal employment market. The Committee notes, based on the ILO technical report of 2017 “Paraguay: Current situation of MSMEs and formalization policies”, that MSMEs account for the majority of economic units in the country and most employment. The technical report emphasizes in particular that the economy in Paraguay is dominated by very small, low productivity, labour-intensive production units in which a high proportion of employment is concentrated. This structural situation gives rise to important gaps in decent work and working conditions in relation to large enterprises in terms of the quality of employment, income, productivity, education, social security coverage, unionization rate and informality. The report emphasizes that the informal employment that is a characteristic of the Paraguayan labour market is concentrated in MSMEs and own-account occupations (the data shows that in 2015 in microenterprises with between two and five employed persons, 84 per cent of employment was informal, and that the figure was 72 per cent in microenterprises with between six and ten employed persons, while the level of informality at the national level was around 71 per cent). The Committee also notes the information provided by the Government on the measures adopted with a view to promoting the formalization of MSMEs. The Government refers to the conclusion of formalization agreements with various institutions, such as Ciudad Mujer and the University of the Pacific, with a view to establishing a formalization unit for entrepreneurs and owners of MSMEs and providing training, business plans and technical assistance to entrepreneurs. Within the framework of measures for the formalization of MSMEs, over 500 enterprises were provided with assistance and over 20,000 persons were informed of the benefits of formalization. Between December 2014 and June 2018, the number of MSME units in the National MSME Register increased from 17 to 2,590. The Government indicates that the benefits available to formalized MSMEs include access to soft loans, training and technical assistance. However, the Committee notes that the Government includes among the benefits to which it refers the so-called simplified labour regime for MSMEs, which allows fixed-term employment contracts for three years without the requirement to give notice and authorizes the payment of wages below the statutory minimum level with the prior authorization of the MTESS, which are practices that are not in conformity with ILO instruments. Finally, the Government reports the implementation in 2016 and 2017 of the Micro-Entrepreneur Strengthening and Development Project, which provides non-reimbursable financing and entrepreneurship education to micro-entrepreneurs with a view to guaranteeing the sustainability of their enterprises, as well as granting micro-credits called “Ñepyryra” to trainees of the National Vocational Promotion Service (SNPP) for the development of microenterprises. The Committee requests the Government to continue providing detailed information on the impact of Act No. 4457 on the creation of productive and lasting employment. It also requests the Government to continue providing detailed information on the manner in which the legislation in force ensures adequate labour protection for workers in MSMEs and promotes the progressive integration of workers in the informal economy into the formal employment market.

Coordination of training policy with employment opportunities. The Committee notes the information provided by the Government on the various training and labour skills courses provided between 2016 and 2018 by the National Training and Labour Skills System (SINAFOCAL), in collaboration with workers’ organizations, and the number of participants. The Government also refers to the implementation of various programmes, such as the dual training model (MoPaDual) through which the beneficiaries received, in combination with theoretical training, practical training in a private enterprise or public institution. Between January 2014 and May 2018, a total of 729,464 certificates were delivered in the context of the training courses provided by the SNPP for men and women at different levels and in the various sectors of the economy. With reference to the measures adopted to improve the provision of training and skills development, the Government reports the preparation of studies and investigations to identify qualitative and quantitative vocational training needs. In this context, the Prioritization Index for Vocational Training Courses (IPCL) was developed to establish indicators to be taken into consideration for the prioritization of the labour skills demanded. Moreover, in 2017, a Register of Vocational Training and Skills Development Institutions (REIFOCAl) was developed, through which certificates are issued regularly for training and skills development institutions with a view to formalizing enterprises which provide training and skills development services. The Committee also notes the adoption of Act No. 5749 of 24 January 2017 issuing the organizational chart of the Ministry of Education and Sciences (MEC), creating the National Education and Labour Council (CNET) as a bi-ministerial operational body (the MEC and the Ministry of Labour, Employment and Social Security – MTESS), composed of representatives of employers’ and workers’ organizations. The Government indicates that the responsibilities of the CNET include: approval of a Strategic Education and Labour Plan; guaranteeing coordination with the various sectors involved in the implementation of public policies in the fields of education and labour; and cooperating in the implementation of the National Catalogue of Occupational Classifications. However, the Government indicates that the CNET is not yet operational, as its members are still to be appointed. Finally, the Committee notes that, in its concluding observations of 22 November 2017, the Committee on the Elimination of Discrimination against Women (CEDAW) welcomed “the introduction of non-formal literacy programmes for indigenous communities and non-formal vocational programmes allowing young people and adults to develop practical skills for specific occupations”. However, the CEDAW expressed concern at the “persistence of structural barriers to access to high-quality education for girls, in particular at the secondary and tertiary levels, owing to, among other things, inadequate budget allocations to the sector … especially in rural areas” and the “[p]ersistent disparities in literacy rates for women and men and the significant level of illiteracy among indigenous women and rural women” (CEDAW/C/PRY/CO/7, paragraph 32(a) and (b)). The Committee requests the Government to provide updated statistical data, disaggregated by age and sex, on the number of persons, including women and indigenous girls in rural areas, who participate in education and training programmes and the impact of these programmes on their access to decent, productive and lasting employment. The Committee also requests the Government to continue providing detailed and updated information on the coordination of education and vocational training policies with employment policies and, particularly, on how the provision of training is coordinated with the demand for knowledge and skills, and on current and anticipated labour market requirements.

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.

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s efforts to increase the school attendance rate and reduce the school drop-out rate, and encouraged the Government to intensify its efforts to ensure that at least all children under 14 years of age have access to basic compulsory education. The Committee also asked the Government to provide recent statistics on the school attendance rate.

The Committee notes the indication in the Government’s report that according to the 2018 household survey carried out by the Department of Statistics, Surveys and Censuses, the school attendance rate in public schools is 98 per cent for children between 6 and 11 years of age and 94 per cent for children between 12 and 14 years of age.

The Committee also notes the “Open basic education initiative” established by the Ministry of Science and Education. This initiative is for pupils between 12 and 15 years of age, who for reasons of work or long distances between home and school are unable to follow the third cycle of conventional basic education. Courses comprise on-the-spot instruction, together with tutoring and self-instruction modules based on the core competencies that correspond to the level required for completion of basic school education. This initiative benefits 750 pupils in 38 private, subsidized or public schools, in the capital and the departments of Concepción, San Pedro, Guairá, Caaguazú, Itapúa, Alto Paraná, Presidente Hayes, Boquerón and Alto Paraguay.

The Committee also notes the “Occupational initiation in agriculture” programme, which provides theoretical and practical instruction in agriculture to enhance learning for young people, and contributing towards improving family production practices. It is based on cultural, social and economic roots, with the aim of meeting the goals of a school open to the local reality. A total number of 700 institutions and 28,000 students in the third cycle (12–15 years of age) have benefited from this programme.

Furthermore, the Committee notes the Yo leo y escribo National Reading Plan, linked to the Education Action Plan 2018–23. It also notes the actions taken by the Government to extend the programmes under way, such as for school meals and the basket of basic school supplies, scholarship extensions for students, the transfer of financial resources to schools in the context of free school education, and school kits distributed in all subsidized public and private schools. In 2018 a total of 283,263 students enrolled in the central student register were recipients of these programmes. The Committee duly notes the measures taken by the Government to increase the school attendance rate and reduce the school drop-out rate. It requests the Government to pursue its efforts towards this end in primary and secondary education, especially for all children under 14 years of age.

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

Articles 3(a) and (b), and 7(1) of the Convention. Sale and trafficking of children, and the use, procuring or offering of a child for prostitution, and penalties. In its previous comments, the Committee requested the Government to intensify its efforts to take immediate and effective action to ensure the elimination in practice of the sale, trafficking and sexual exploitation of children and young persons under 18 years of age. The Committee requested the Government to provide information on the number of offences reported, investigations conducted, prosecutions, convictions and penal sanctions imposed.

The Committee notes the observations of the CUT-A indicating that, although the National Programme for the Prevention and Combating of Trafficking and Care for its Victims has had its own funding since 2018, the budget was reduced in 2019 and it does not provide adequate care to the victims. The CUT-A indicates that the secure online complaint system is not operational and the Public Prosecutor’s Office does not contribute to raising awareness of the system among the population.

The Committee notes the Government’s indication that, according to the Ministry for Women (MINMUR), the investment fund for the national programme for the prevention and combating of trafficking and care for its victims was included in the national budget for the first time in 2018 and the next programme is being formulated.

The Committee also notes the various awareness-raising campaigns established under the National Policy for Children and Young Persons 2014–24, as one of the means of protection and reporting the trafficking of children and the sexual exploitation of girls, boys and young persons. These measures include campaigns against sexual exploitation in tourism such as “I live in Encarnación, I protect the rights of children and adolescents”, “Together we protect children and young people # to the rhythm of the carnival” and “I experienced the carnival, I protect 147”.

The Committee notes the legal procedures dealt with by the Ministry of Public Defence with regard to minors. In the first half of 2018, some 17,401 cases were examined by the juvenile court, and 12,765 in the second half of the year. However, the Committee notes that the Government has not provided information concerning the penalties imposed on the perpetrators of the crimes of sale, trafficking and sexual exploitation of children in relation to the information provided on the number of legal procedures dealt with by the Ministry of Public Defence. While noting the measures taken by the Government, the Committee urges the Government to intensify its efforts to take immediate and effective action to ensure the elimination in practice of the sale, trafficking and sexual exploitation of children under 18 years of age. It urges the Government to ensure that in-depth investigations and robust prosecutions are conducted against persons engaged in such acts and that sufficiently effective and dissuasive sanctions are imposed. The Committee once again requests the Government to provide information on the number of offences reported, investigations conducted, prosecutions, convictions and penal sanctions imposed.

Article 5. Monitoring mechanisms. Trafficking and sexual exploitation. In its previous comments, the Committee noted that the Government had carried out inspections in the border zones with Brazil and Argentina, within the framework of the Regional Plan for the Elimination of Child Labour in MERCOSUR countries. The Committee requested the Government to continue its efforts to strengthen the capacities of law enforcement agencies, with a view to improving their ability to detect cases of trafficking and sexual exploitation of children.

The Committee notes that the CUT-A expressed concerns that government controls are still very weak in the face of the trafficking in children phenomenon.

The Committee notes the Government’s indication in its report that, regarding complaint mechanisms and other services, the Specialized Unit to Combat Trafficking in Persons and the Sexual Exploitation of Children and Young Persons has implemented a system to receive complaints from children and young persons, in coordination with the Ministry of Foreign Affairs, the MINMUR, the Ministry for Children and Young Persons (MINNA) and the national police. Since 2013, 458 complaints have been lodged with the Unit. The MINNA has a toll-free hotline, “Fono Ayuda 147”, that provides care and guidance over the telephone in situations involving children and adolescents. This hotline specializes in psychological, social and legal support in cases of vulnerability and/or the violation of children’s rights.

The Committee also notes the cooperation between Paraguay and Colombia and the collaboration with Argentina in the context of bilateral cooperation agreements for the prevention, investigation and detection of cases of trafficking in persons, with a view to strengthening coordination and action against cross-border trafficking in persons. The Committee once again requests the Government to continue its efforts to strengthen the capacities of law enforcement agencies, with a view to improving their ability to detect cases of trafficking and sexual exploitation of children. The Committee requests the Government to provide information on the results achieved through the ongoing bilateral cooperation programmes.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from becoming engaged in and removing them from the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted a lack of programmes for the reintegration of child victims of sale, prostitution and pornography and an absence of information on the results of the National Plan for the Prevention and Elimination of the Sexual Exploitation of Children and Young Persons (2012–17). The Committee requested the Government to provide information on the results achieved through the implementation of the National Plan.

The Committee notes the information in the Government’s report on the results of the programme for the comprehensive care of children and young persons who are victims of trafficking and sexual exploitation between 2017 and 2018. Some 664 children and young people received care. The interventions and actions were carried out in coordination with the institutions of the National System for Comprehensive Care, the Public Prosecutor’s Office, the judiciary, shelters, educational institutions and health centres. The Rosa Virginia shelter has a specialized programme for girls and young persons who are victims of trafficking and sexual exploitation. At the shelter, they receive psychological and medical assistance, food and other support. To date, 79 girls have been returned to their families.

The Committee notes that, in 2016, the Specialized Unit to Combat Trafficking in Persons and the Sexual Exploitation of Children and Young Persons of the Public Prosecutor’s Office provided assistance to 82 victims, (of which 74 are women and 40 are minors) on the basis of 61 requests for intervention. The main types of offences against minors are procuring for sexual activities and pornography. In 2017, the Public Prosecutor provided assistance to 60 child victims of offences punishable by law. In 2018, a total of 110 victims received assistance, including 67 girls and seven boys.

In 2019, the MINNA opened a second protection centre for children and young persons who are victims of trafficking and sexual exploitation in collaboration with the governorate of the Central Department. The Committee requests the Government to continue to provide information on the results achieved through the implementation of the national programme and the results of the National Plan 2012–17, indicating the number of children removed from the worst forms of child labour who have benefited from these measures.

Article 7(2)(d). Children at special risk and labour inspection. Children engaged in domestic work – the “criadazgo” system. The Committee previously noted the high number of children who are still working under the criadazgo system, and requested the Government to intensify its efforts to combat the exploitation of child labour within its context.

The Committee notes the observations of the CUT-A regarding a lack of legal proceedings related to the criadazgo system, specifically in the region of Chaco. The CUT-A indicates that this concern has been repeatedly raised with the Government.

The Committee notes that the MINNA conducted a campaign to combat the practice of children living and performing domestic work in the homes of others in exchange for housing, food and education. This campaign is called “No to criadazgo, respect my rights” and aims to raise the awareness of the population of the importance of eliminating the domestic work of children. The Committee notes that, since 2015, domestic work by children has been prohibited under Act No. 5407/2015 and administrative penalties (provided for under section 389 of the Labour Code) may be applied. However, the Committee notes with concern the Government’s failure to provide information on action taken by the labour inspectorate and the specific penalties imposed in the context of the criadazgo system. The Committee urges the Government to intensify its efforts to combat the exploitation of child labour within this context. The Committee requests the Government to provide information on the action envisaged to protect and remove these children from the worst forms of child labour, and to ensure their rehabilitation and social integration, and on the results achieved. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide training to the labour inspectors to detect cases of child victims of the criadazgo system. Please provide information on the violations detected and the penalties imposed.

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee noted that many children work in the streets in order to meet the needs of their families and the results of the programmes implemented by the Government were still weak. The Committee requested the Government to intensify its efforts and to take immediate and effective measures for the protection of street children against the worst forms of child labour. It requested the Government to provide information on the results achieved.

The Committee notes the indication in the Government’s report that the Comprehensive Care Programme for Children and Young Persons in the Streets (PAINAC) of the Secretariat for Children and Young Persons (SNNA) reached 849 children and young persons between August 2018 and August 2019. The PAINAC has five protection centres throughout the country that provide comprehensive care services and seek to reintegrate the children in their care by reuniting them with their families so that they can leave the streets permanently. The Committee also notes that the SNNA has continued to develop the ABRAZO programme (for the progressive reduction of child labour on the streets) in collaboration with the ILO International Programme on the Elimination of Child Labour and the United Nations Children’s Fund. The program is responsible for monitoring 217 urban households and its street educators build rapport with children with a view to their inclusion in the programme.

The Committee notes the rapid response mechanism (DRI) of the Ministry for Children and Young Persons (MINNA), operating in direct collaboration with the “Fono Ayuda 147” hotline service and other institutions. The DRI is a set of strategies for continuous care made up of three mechanisms. DRI RED intervenes in complex situations for the restitution of children’s rights, DRI ADDICCIONES works with children and young persons in substance abuse situations and DRI CALLE works specifically with girls, boys and young persons in street situations. While noting the efforts made by the Government to identify and assist street children, the Committee requests the Government to continue providing information on the number of street children, as well as on the results achieved through the programmes implemented to protect street children from the worst forms of child labour.

2. Indigenous children. The Committee previously noted that a large number of children of indigenous peoples are not registered or lack identity documents and do not benefit from basic services in the areas of healthcare, nutrition, education and cultural activities. The Committee also noted that, according to the concluding observations of 4 October 2016 of the United Nations Committee on the Elimination of Racial Discrimination, significant differences persist in access to education among the children of indigenous and Afro-Paraguayan communities (CERD/C/PRY/CO/4-6, paragraph 37). The Committee requested the Government to continue its efforts to protect these children from the worst forms of child labour and to provide information on new programmes of action implemented by the Directorate of Original Peoples, and the results achieved.

The Committee notes the indication in the Government’s report that the MINNA and the Directorate for the Protection and Promotion of the Rights of Indigenous Children and Young Persons follow on a programme implementation methodology that respects indigenous cultures and also seeks to improve the quality of life of families and the community through the community centres in Tarumandymi and Cerro Poty and the protection centre in Kuarahy Rese. In August 2019, a new protection and rehabilitation centre was opened in the indigenous Punta Porã community. The aim of this centre is to reintegrate the children of indigenous peoples who are in substance abuse and street situations through the development of community roots.

The Committee notes that, between August 2018 and August 2019, some 1,310 girls, boys and young persons of indigenous peoples in the streets were provided assistance by the Directorate for the Protection and Promotion of the Rights of Indigenous Children and Young Persons. The Committee requests the Government to continue its efforts to protect these children from the worst forms of child labour and to continue to provide information on the results achieved through the various programmes implemented.

Article 8. Enhanced international cooperation. In its previous comments, the Committee noted that the Government had provided details on some of the international cooperation measures established, but had not provided information on the results achieved through those measures. The Committee requested the Government to provide information on the measures taken to reinforce cooperation and assistance with MERCOSUR countries with regard to the trafficking and sexual exploitation of children and young persons, and the results achieved.

The Committee notes the Government’s indication in its report that the Ministry for Women has joined the coordination mechanism for the care of women in situations of international trafficking in the MERCOSUR network. The Ministry of Labour, Employment and Social Security has also joined a MERCOSUR working group that recently developed a regional plan on the prevention and elimination of forced labour and trafficking in persons for labour exploitation, which was adopted on 5 June 2019 (MERCOSUR/GMC/RES.Nº27-19). The Committee further notes the approval of a protocol of the MERCOSUR network, with a view to the formulation of a work plan in which the monitoring and follow-up mechanism for the care of women in situations of international trafficking will be approved.

The Committee notes the discovery by INTERPOL Spain of paedophile networks (sharing photographic and video material of child pornography content). An investigation was initiated and the findings were shared with the Government of Paraguay. The Committee requests the Government to continue to provide information on the measures taken and the results achieved through cooperation with and the assistance of the MERCOSUR countries with regard to the trafficking and sexual exploitation of children and young persons.

Article 1 of the Convention. Definition. Sporadic or occasional domestic workers. In its previous comments, the Committee noted that section 2 of Act No. 5407/15 on domestic work (Act No. 5407) defines domestic work as any “subordinate, regular, remunerated service in employment, whether or not resident in the household, consisting of cooking, cleaning and other tasks inherent to a household, residence or private dwelling”. The Committee requested the Government to indicate the manner in which it ensures that sporadic or occasional workers who perform domestic work on an occupational basis are protected by the safeguards provided for in the Convention. In this regard, the Government indicates in its report that such workers are also covered by Act No. 5407, provided that the work they perform its covered by the provisions of section 3 of the Act. By way of example, the Government refers to domestic workers who are employed for short periods. The Committee observes, however, that the inclusion of the term “regular” in the definition of a domestic worker could give rise to interpretations under which workers who perform domestic work occasionally or sporadically are not considered to be domestic workers. In this regard, the Committee recalls that the definition of a domestic worker established in Article 1 of the Convention only excludes sporadic workers when they do not perform domestic work on an occupational basis. The Committee draws the Government’s attention to the preparatory work for the Convention, which indicates that this specification was included in this provision to ensure that day labourers and similar precarious workers remain included in the definition of domestic worker (see Report IV(1), International Labour Conference, 100th Session, 2011, page 5). Consequently, the Committee requests the Government to adopt the necessary measures with a view to amending section 2 of Act No. 5407 so that domestic workers who do not work regularly, but for whom domestic work is an occupation, are expressly included in the definition of domestic work.

Article 2. Exclusions. Domestic workers who perform paramedical work. The Committee notes that section 3(2)(h) of Act No. 5407 provides that “carers of the sick, elderly or disabled” are considered to be domestic workers. However, section 4(b) excludes from the scope of application of this Act those workers who “perform both domestic work and specialized paramedical work of grooming, cleaning or caring for older adults and persons with disabilities and/or health problems”. The Committee requests the Government to provide detailed information on the exclusion referred to in section 4(b) of Act No. 5407. It also requests the Government to indicate the criteria that distinguish this paramedical work from the work of “carers of the sick, elderly or disabled” referred to in section 3(2)(h) of Act No. 5407, and to provide information on the application of both sections. The Committee also requests the Government to provide information on the consultations held previously with the most representative employers’ and workers’ organizations in this respect.

Workers who perform their services independently and using their own supplies. In its previous comments, the Committee noted that section 4(c) of Act No. 5407 excludes from its scope of application domestic workers who perform their services “independently and using their own supplies”. The Committee requested the Government to indicate the reason for this exclusion and to specify the manner in which it ensures that the protection afforded to these workers is at least equivalent to that provided for in the Convention. The Committee also requested the Government to provide information on the consultations held previously with the most representative employers’ and workers’ organizations in this respect. In its reply, the Government indicates that the general provisions of the Labour Code apply to such workers. The Government adds that this would be the case for drivers who use their own vehicles, who work for more than one employer and manage their working time. The Government also indicates that the proposal to exclude this category of workers was presented to and approved by the Tripartite Commission for Equal Opportunities of Paraguay (CTIO), in which the representatives of the social partners participate. The Committee notes, however, that the Government does not indicate the reasons why independent domestic workers are excluded or the criteria used to define a domestic worker as independent. In this respect, the Committee recalls that Article 2 of the Convention establishes that it applies to all domestic workers. The Convention therefore applies to all workers performing domestic work, irrespective of who provides the equipment, materials or other items used for that purpose. The Committee requests the Government to provide a detailed indication of the criteria by which a domestic worker is considered to “perform his or her services independently”. The Committee also requests the Government to provide information on the specific Labour Code regulations that govern such workers and their application in practice.

Article 5. Protection against abuse, harassment and violence. The Committee notes the enactment of Act No. 5777/16 on the comprehensive protection of women against all forms of violence (Act No. 5777) and Decree No. 6973 of 27 March 2017 regulating the Act. Act No. 5777 aims to establish policies and strategies to prevent violence against women, assistance mechanisms and comprehensive measures of protection, penalties and remedies, in both the public and private sectors. In this context, the Committee notes the statistics provided by the Government indicating that, during the period from 2014–17, the vast majority of domestic workers in the country – 94.4 per cent – were women. Furthermore, the Government indicates that domestic employment accounts for 7 per cent of the labour force in the country, and 17 per cent of women in employment. Section 5(g) of Act No. 5777 defines workplace violence as any mistreatment of or discrimination against women in the workplace by superiors or colleagues of equal or lower rank through, inter alia, humiliating and disparaging comments, threats of dismissal or unjustified dismissal, dismissal during pregnancy, and the imposition of duties outside of their functions or work services outside of agreed hours. The Committee also notes the detailed information provided by the Government in relation to the support and promotion measures for women’s rights, including domestic workers, carried out by the General Directorate for the Promotion of Working Women. Among other measures, the Government refers to the establishment of the Labour Affairs Service (SAAL), an administrative body that replaces the former Attention Centre for Domestic Workers (CTAD), with which employers and workers from various sectors, including the domestic work sector, can lodge complaints. The Committee also notes the statistical information provided by the Government on the number of complaints lodged with the SAAL in relation to domestic work. Nevertheless, the Government does not indicate which of those complaints involved cases of abuse, harassment and violence. Furthermore, the Government indicates that it does not have a record of cases brought before a court of law or relocation and rehabilitation programmes for men and women domestic workers who are victims of workplace violence. Lastly, the Government reports the establishment of national telephone line called 137 “SOS MUJER” (SOS WOMAN), which is an operational security system for women victims of domestic and intra-family violence, available 24 hours a day, seven days a week. The Committee requests the Government to provide information on the specific measures adopted to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment and violence. The Committee also requests the Government to provide statistical information on the number of complaints of harassment, abuse and violence in the context of domestic work lodged with the competent bodies – including those lodged with the Labour Affairs Service (SAAL) and the courts – the outcomes and the penalties imposed on those responsible and the compensation granted.

Articles 6 and 9. Freedom to reach an agreement with the employer or potential employer on whether to reside in the household. Travel and identity documents. In reply to the Committee’s previous comments, the Government indicates that, in accordance with section 6 of Act No. 5407/15, work may be arranged with or without residence in the household, as agreed by the parties, and the domestic worker is therefore free to agree with the employer whether or not they wish to reside in the household for which they work. With regard to the right of domestic workers to keep their travel and identity documents, section 8(c) of Act No. 5407 establishes that any clause obliging a domestic worker to permanently surrender his or her identity documents to the employer shall be null and void. The Committee requests the Government to provide detailed information on the measures adopted or envisaged to ensure in practice that domestic workers: (a) are free to reach agreement with their employer on whether to reside in the household where they work; and (b) are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave. The Committee also requests the Government to provide information on the measures envisaged or adopted to guarantee in practice that domestic workers who reside in the household for which they work enjoy decent living conditions that respect their privacy, as provided for in paragraph 17 of the Domestic Workers Recommendation, 2011 (No. 201).

Article 7. Information on terms and conditions of employment. In its previous comments, the Committee requested the Government to indicate how it ensures that domestic workers are informed in an appropriate, verifiable and easily understandable manner of paid annual leave, daily and weekly rest periods and, where applicable, the terms of repatriation. The Government refers to the model contract for the domestic work sector available on the web page of the Ministry of Labour, Employment and Social Security (MTESS), which contains all the elements provided for in Article 7 of the Convention, except the conditions of repatriation. The Government indicates that this contract contains the basic clauses, but the contracting parties may, if they so wish, incorporate further clauses according to their needs. The Government adds that repatriation of workers is carried out with the support of the Secretariat for Paraguayan Returnees and Refugees (SEDEREC). However, the Committee observes that the Government does not specify how it ensures that domestic workers are informed of the conditions of repatriation, where applicable. In addition, through the SAAL, MTESS officials inform workers, including domestic workers, of their rights and obligations. However, the Committee observes that, according to the Permanent Household Survey, in 2017, only 5.3 per cent of domestic workers had a written employment contract, while 94.6 per cent had a verbal contract. The Committee requests the Government to continue providing information on the measures adopted or envisaged to ensure that domestic workers are informed in practice of their terms and conditions of employment – particularly those set out in the Convention, including the conditions of repatriation, where applicable – in an appropriate, verifiable and easily understandable manner, especially those domestic workers from underprivileged communities, including those belonging to indigenous and tribal communities. The Committee also requests the Government to continue providing statistical information on the number of employment contracts registered in the domestic work sector.

Article 12. Payment in kind. In its previous comments, the Committee requested the Government to provide information on the applicability to domestic workers of section 231 of the Labour Code, which provides for a limit on payments in kind of 30 per cent of the wages. The Committee also requested the Government to specify the cases in which it is possible to revoke the presumption established in section 12 of Act No. 5407, under which the remuneration of domestic workers includes, in addition to cash wages, the provision of food, and for those who are resident in the household, the provision of accommodation. The Committee notes the Government’s indication that the wages of domestic workers must be paid in cash and the limit on payments in kind established in section 231 of the Labour Code therefore does not apply to the domestic work sector. The Government adds that the SAAL follows this interpretation in the legal advice it gives to employers and workers in the domestic work sector. With regard to the presumption established in section 12 for domestic workers resident in the household, the Committee recalls that paragraph 14(d) of Recommendation No. 201 provides that “When provision is made for the payment in kind of a limited proportion of remuneration, Members should consider … ensuring that, when a domestic worker is required to live in accommodation provided by the household, no deduction may be made from the remuneration with respect to that accommodation, unless otherwise agreed to by the worker”. Consequently, the Committee requests the Government to adopt the necessary measures with a view to amending section 12 of Act No. 5407 in order to expressly prohibit the deduction of the food and accommodation provided from the wages of domestic workers.

Article 13. The right to a safe and healthy working environment. The Committee notes the formulation in 2017 of the “Guide to Occupational Safety and Health for Domestic Workers in Paraguay” with the technical assistance of the ILO and the participation of representatives of the relevant institutions in the field, as well as the most representative employers’ and workers’ organizations, including organizations from the domestic work sector. The objective of the Guide is to equip employers and domestic workers with an information and awareness-raising tool on their respective rights and obligations in the field of occupational safety and health, with a view to improving working conditions, reducing accidents at work and occupational diseases, and promoting the existing social protection mechanisms for these cases. The Committee notes the detailed information contained in the Guide on the specific risks faced by domestic workers when performing their various regular duties, the preventive measures against such risks, as well as the benefits and situations covered under the social security scheme for occupational risks (occupational risks, accidents at work, commuting accidents and occupational diseases). The Committee requests the Government to continue providing information on the measures adopted or envisaged to give effect to Article 13 of the Convention. The Committee also requests the Government to provide statistical information, disaggregated by sex and department, on the number of domestic workers registered with the social security scheme for occupational risks.

Article 14. Conditions not less favourable than those applicable to workers generally in respect of social security protection, including maternity. In reply to its previous comments, the Committee notes that, according to statistical information from the General Directorate of Social Security of the MTESS, the number of domestic workers covered by the insurance of the Social Welfare Institute fell from 27,105 in 2015 to 17,044 in 2018. The Committee notes the various measures adopted with a view to facilitating and incentivizing the registration of domestic workers with social security. In October 2017, the General Directorate of Social Security, with the technical assistance of the ILO, published the “Social Security Guide for Domestic Workers”. Various stakeholders, including workers’ and employers’ organizations from the domestic work sector, participated in its drafting. The Guide contains information on, inter alia, the requirements and processes for registration and coverage by the compulsory social security scheme for domestic work, the risks and contingencies it covers, social security contributions, short-term benefits, as well as retirement benefits and pensions. The Committee notes that, according to the Guide, domestic workers can find out about their social security payment compliance through the web services provided by the Social Welfare Institute. Furthermore, in the event that the employer does not register or affiliate the domestic worker, the workers can apply for ex officio registration from the Social Welfare Institute or the MTESS by means of a complaint. In 2018, the Social Welfare Institute and the MTESS launched an information and awareness-raising campaign on domestic work with the aim of informing and raising public awareness of the benefits of formalizing domestic work for both employers and workers. In addition, the Committee notes the adoption of MTESS Resolution No. 2660/2019 regulating the registration of social security for part-time employment and establishing its entry into force for the domestic work sector as an emergency measure. Section 2 of the Resolution establishes that the Social Welfare Institute shall register domestic workers as part-time workers provided that the written contract of employment states that the employment relationship is established on this contractual basis and the weekly working hours are adjusted to between 16 and 32 hours. In relation to protection of maternity, the Government reports the adoption of Act No. 5508/15 on the promotion and protection of maternity and support for breastfeeding, which also applies to domestic workers. The Government indicates that domestic workers have access to the benefits provided for by that legislation, such as maternity leave of 126 days, the payment of the social security maternity allowance and the right to security of tenure at work. According to statistical information from the Social Welfare Institute, in 2017, some 4 per cent of domestic workers registered with social security received the maternity allowance. The Committee requests the Government to continue providing detailed and updated information on the measures adopted or envisaged with a view to promoting the registration of domestic workers with social security. The Committee also requests the Government to provide statistical information disaggregated by sex and form of employment – full- or part-time – on the number of domestic workers registered with social security, as well as on the number of domestic workers who contribute to the maternity allowance and those who have benefited from it.

Article 15. Private employment agencies. In its previous comments, the Committee requested the Government to provide information on the measures adopted or envisaged to give full effect to this Article of the Convention. Furthermore, the Committee urged the Government to contemplate adhering to the obligations of the Employment Service Convention, 1948 (No. 88), and the Private Employment Agencies Convention, 1997 (No. 181). In its reply, the Government indicates that it does not have a register of private employment agencies. The Committee requests the Government to provide detailed information on the conditions governing the operation of private employment agencies that employ or place domestic workers. Furthermore, the Committee requests the Government to indicate the measures adopted to ensure that adequate mechanisms and procedures are in place for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers. The Committee also requests the Government to indicate the measures adopted or envisaged to ensure fees charged by private employment agencies are not deducted directly or indirectly from the remuneration of domestic workers.

Article 16. Access to justice. In reply to the Committee’s previous comments, the Government indicates that, in the event that domestic workers wish to take legal action and do not have sufficient resources, they may refer the matter to the Ministry of Public Defence (MDP), which is an independent and autonomous institution that defends its users, monitoring the effective application of due process within its sphere of competence. The Committee notes that several actions have been carried out to disseminate and raise awareness of the labour rights and obligations of domestic workers, with the participation of domestic workers, aimed at both employers and workers. By way of example, the Government refers to the preparation and subsequent dissemination of information leaflets on Act No. 5407. In addition, forums, seminars and high-level meetings have been held to promote the rights of domestic workers in the context of the Tripartite Commission on Equal Opportunities (CTIO). The Committee requests the Government to continue providing information on the measures taken or envisaged with a view to ensuring that domestic workers are aware of their labour rights so that they can make informed decisions and are aware of the administrative and judicial remedies available to them. The Committee also requests the Government to continue providing information on the number of complaints lodged by domestic workers with the various competent bodies, the penalties imposed on those responsible and the compensation granted.

Article 17(1). Complaint mechanisms. In reply to the Committee’s previous comments, the Government indicates that, through the SAAL, free advice is given to workers and employers in the domestic work sector. The SAAL also provides, inter alia, mediation services and complaints mechanisms. With regard to the complaints procedure, the Government indicates that the SAAL sends an initial notification to the employer inviting the employer to attend mediation. If the employer does not appear, a second and final invitation to mediation is sent. The Government reports that, between 2016 and June 2018, the SAAL provided advice to 5,451 persons in the domestic work sector, 1,664 complaints were received and 1,738 mediations were held. The Government adds that some of these cases have been broadcast weekly on social networks with a view to raising awareness of the rights of domestic workers. The Committee requests the Government to continue providing updated information on the different services provided by the Labour Affairs Service (SAAL) in the domestic work sector.

Article 17(2) and (3). Labour inspection and penalties. Access to the premises of the household. The Committee notes that the Government refers to, among other provisions, section 16 of Act No. 5115/13, establishing that the General Directorate of Labour Inspection and Supervision is the competent body for the inspection, surveillance and supervision of labour laws. The Government indicates that, in the area of domestic work, labour inspections are carried out by court order. In this regard, article 34 of the National Constitution provides that “any private space is inviolable. It may only be entered or sealed by judicial order and in accordance with the law. On an exceptional basis, such measures may also be taken in the case of flagrante delicto or to prevent an imminent offence, or to prevent damage to persons or property”. The Government also reports that, in 2018, the General Directorate of Labour Inspection and Supervision, along with the General Directorate of Social Security, appointed six inspectors to deliver information materials in various neighbourhoods of Asunción, as part of the campaign to formalize domestic employment. The Committee notes, however, that the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, noted in the report mentioned in the Committee’s observation the lack of capacity in the labour inspectorate (only 25 labour inspectors for the whole country) to monitor and enforce relevant provisions of the Labour Code (according to the information received, the labour inspectorate is small and its capacity is centralized in Asunción). The Special Rapporteur indicated that such a situation could create a culture of impunity in certain regions and sectors, leaving workers highly vulnerable to exploitation, including contemporary forms of slavery (see A/HRC/39/52/Add.1, paragraph 35). In this respect, the Committee reminds the Government of the need to strengthen labour inspection controls and to impose dissuasive administrative and criminal penalties. While noting the Government’s indications regarding the complexity of carrying out labour inspections in the domestic work sector due to the inviolability of the home, the Committee reminds the Government of the possibility of having recourse to ILO technical assistance. The Committee requests the Government to provide information on the number of inspections in the sector, the number of violations detected and the penalties imposed.

Part VI. Observations by the social partners. The Committee notes that the Government has not provided information on the comments made by and the discussions held with the social partners regarding the implementation of the Convention. The Committee reiterates its request in this respect.

Part IV on court decisions. The Committee notes that the Government has not included copies of court decisions in its report. The Committee requests the Government to provide court decisions relating to the application of the Convention.

Articles 3(2)(b) and (c), and 4. Forced labour. Abolition of child labour. The Committee recalls that, for more than ten years in its comments regarding the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), it has been requesting the Government to intensify its efforts to combat the exploitation of domestic child labour within the context of the criadazgo system. In addition, several United Nations human rights bodies have repeatedly drawn the attention of the Government to the need to eradicate and criminalize the practice of criadazgo. The Committee notes that, according to the report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, of 20 July 2018, child labour was prohibited under Act No. 5407 of 2015. However, despite its inclusion in the worst forms of child labour set out in Decree No. 4951, alongside child domestic work, criadazgo is not defined in Paraguayan law, nor is it criminalized under the national regulatory framework. Also in relation to criadazgo, the Committee recalls that, in 2012, the Comprehensive Act against Trafficking in Persons was approved (Act No. 4788/12). Under this Act, a number of cases of criadazgo have been tried as internal trafficking. The report of the Special Rapporteur indicates that, broadly speaking, criadazgo refers to the practice whereby a child (usually a girl) from a poor rural household is sent to live with another family in an urban area, ostensibly to secure access to food and education. Once in the new household, the child undertakes domestic work for the receiving families, which is normally not remunerated. According to information received by the Special Rapporteur, there were 46,933 cases of criadazgo in Paraguay, accounting for approximately 2.5 per cent of the total number of children under 18 years of age in the country. The Special Rapporteur notes that although there has reportedly been a significant reduction in the number of the children engaged in criadazgo, the number of children living away from their parents and engaged in a form of domestic labour is still too high. The report also highlights that children in such cases are often particularly vulnerable to violence and abuse, and there are cases of extreme physical abuse of children by the families for whom they were working, including murder and sexual violence (see A/HRC/39/52/Add.1, paragraphs 37 and 38). The Committee notes the information provided by the Government in relation to the efforts made with a view to eliminating criadazgo. In this regard, the Government reports that a bill criminalizing criadazgo and the worst forms of child labour is pending discussion in the Senate plenary. The Committee observes that section 1 of the bill defines “criadazgo” as “exposing a child or adolescent to residence in a house or other place of residence or dwelling that is not that of the father, mother, guardian or custodian, whether or not he or she performs duties, without a court order authorizing such cohabitation”. Section 2 establishes prison sentences of up to two years or fines for those who submit or expose boys or girls to the practice of criadazgo, and of up to five years and fines for cases in which the perpetrator puts the victim’s life or physical wellbeing in danger. In addition, the National Committee for the Eradication of Child Labour approved the “Criadazgo Protocol”, in the context of updating the “Interagency Intervention Guide for Workers Under the Age of 18”. The Government indicates that the Ministry of Labour, Employment and Social Security (MTESS), through the General Directorate for the Protection of Children and Young People, has provided training on this protocol for more than 1,200 people in the departments of Alto Paraná, Itapuá, Concepción, Guaira, Boquerón and San Pedro.

The Committee notes, however, that the Special Rapporteur on contemporary forms of slavery noted in the above-mentioned report that, besides closing the legal protection gap relating to criadazgo, the Government should address its socioeconomic root causes. According to the report, extreme poverty and a lack of economic alternatives for parents reportedly often influence their decision to allow their children to face potential exploitation in the context of criadazgo. The Government reports that it has undertaken awareness-raising campaigns on the worst forms of child labour, including criadazgo and unpaid domestic work by children in the household of a third party, with small-scale family agriculture producers, taking into consideration the characteristics of each district and the needs of the population. The Committee refers to its comments on Convention No. 182, in which it requests the Government to intensify its efforts to combat the exploitation of child labour, particularly domestic work by children, within the context of the criadazgo system. The Committee also requests the Government to provide information on the status of the bill criminalizing criadazgo and the worst forms of child labour, and to provide a copy once it has been adopted. The Committee further requests the Government to provide detailed and updated information on the measures adopted with a view to ending child labour in domestic work in practice, including training activities for judges, magistrates and labour inspectors, as well as awareness-raising campaigns for the population.

Article 10. Equal treatment between domestic workers and workers generally in relation to normal hours of work. In its previous comments, the Committee requested the Government to provide information on the manner in which it ensures the effective application of the protections related to normal hours of work to domestic workers. The Committee also requested the Government indicate the manner in which it guarantees the right of domestic workers to annual leave, as provided for in section 218 of the Labour Code, and that periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household are regarded as hours of work. The Government reiterates that section 13 of Act No. 5407 establishes for domestic workers who do not reside in the household “an ordinary working day of eight hours per day or 48 hours per week when the work is performed during the day, and of seven hours per day or 48 hours per week when the work is performed at night”. The Committee observes, however, that the above-mentioned section does not establish limits on the working day for domestic workers who reside in the household. Regarding the right to annual leave, the Government refers to section 154(b) of the Labour Code, which establishes the right of domestic workers to “paid annual leave like other workers, in terms of duration and cash remuneration”. However, the Committee notes that the Government does not provide information on the manner in which it ensures the effective application of the protections related to normal working hours. The Government also fails to indicate the manner in which it ensures that periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the employer are regarded as hours of work. In this respect, the Committee notes that section 193 of the Labour Code defines the effective working day as “the period during which the worker remains at the disposal of the employer”. The Committee requests the Government to adopt the necessary measures with a view to amending section 13 of Act No. 5407 to ensure equal conditions in terms of normal working hours for domestic workers who do not reside in the household and those who do. The Committee reiterates its request to the Government to provide information on the manner in which it ensures the effective application of the protections related to normal hours of work. Lastly, the Committee requests the Government to indicate whether section 193 of the Labour Code applies to domestic workers and, if not, to adopt the necessary measures to ensure that the periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household in order to respond to possible calls for their services are regarded as hours of work.

Article 11. Minimum wage. In its direct request of 2017, the Committee noted that section 10 of Act No. 5407 increased the minimum wage for domestic workers from 40 per cent to 60 per cent of the statutory minimum wage established for other workers. The Committee drew the Government’s attention to the fact that that this provision does not ensure the equality of domestic workers with other workers in relation to the statutory minimum wage, and requested the Government to adopt measures in that respect. The Committee also requested the Government to provide copies of court decisions concerning the failure of the employer to pay a domestic worker the minimum wage. The Committee notes that, according to information from the Permanent Household Survey (EPH), as a consequence of this increase in the minimum wage, the percentage of domestic workers who receive remuneration under the minimum wage established for the domestic work sector increased from 16.6 per cent in 2013 to 31.4 per cent in 2017. The Committee notes with interest the adoption of Act No. 6338 amending section 10 of Act No. 5407/15 on domestic work, on 2 July 2019. Act No. 6338 directly increases the wages of domestic workers from 60 per cent to 100 per cent of the minimum wage established for other workers. It also provides that persons who perform domestic work in split shifts or working days shorter than the maximum working day cannot receive remuneration proportionally lower than the statutory minimum wage established for domestic work. Lastly, the Committee observes that the Government has not provided information on court decisions concerning the failure of the employer to pay the minimum wage to a domestic worker. The Committee requests the Government to provide information on the impact in practice of the amendment to section 10 of Act No. 5407/2015, including statistical information on wage trends for domestic workers, disaggregated by sex and age. The Committee reiterates its request to the Government to provide copies of court decisions concerning the failure of the employer to pay a domestic worker the minimum wage.

Comments adopted by the CEACR: Paraguay

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wage

Protection of wages

C059 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C077 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C090 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Paraguay

Display the list by:

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wage

Protection of wages

C059 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C077 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C090 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)