Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Paraguay (Ratification: 2001)

The Committee notes the Government’s report and the in-depth discussion held in the Conference Committee on the Application of Standards at the 100th Session of the International Labour Conference in June 2011.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Further to its previous comments, the Committee notes that section 140 of the Penal Code, as amended by Act No. 4439/2011, provides for penalties of up to five years’ imprisonment or for fines for the production of pornographic publications representing children under 18 years of age, the distribution, importation, exportation, sale, exchange, exhibition, dissemination, promotion or reproduction of such publications; and the organization, financing or promotion of pornographic performances involving persons under 18 years of age. Furthermore, the term of imprisonment is increased to ten years where the abovementioned offences involve minors under 14 years of age, or where the offender uses force, violence or threat or promises remuneration in exchange for the performance of such acts.

Articles 3(d) and 4(1). Types of hazardous work. The Committee noted previously that Decree No. 4951 of 22 March 2005, implemented under Act No. 1657/2001 approving the list of types of hazardous work, contains a detailed list of types of hazardous work prohibited for young persons under 18 years of age, including mine work. It noted, however, that section 87 of Act No. 93/14 on mines provides that children under 10 years of age shall not be employed in mines and that children under 14 years of age shall not be assigned to work in mines.

In its report, the Government indicates that Act No. 93/14 on mines was automatically repealed upon ratification of the Convention, in accordance with the principle that international standards rank above domestic laws. The Committee nonetheless notes that Act No. 93/14 does not appear to have been formally repealed at national level. It points out in this connection that in order to ensure effective application of the Convention, the prohibition of the worst forms of child labour, as defined in Article 3, must be guaranteed under national laws and regulations. However, the Committee notes that Act No. 93/14, which allows work in mines as from age 14, appears to be at odds with Decree No. 4951, which prohibits work in mines for children and adolescents under 18 years of age. The Committee accordingly requests the Government to take the necessary measures to harmonize the national legislation so as to bring it into conformity with the requirements of Articles 3(d) and 4(1) of the Convention. It requests the Government to provide information on the measures taken in this regard in its next report.

Article 6. Programmes of action. Further to its previous comments, the Committee takes due note of the adoption of a national strategy to prevent and eliminate child labour and to protect adolescent workers (2010–15). It also notes the information supplied by the Government to the effect that the Secretariat for Childhood and Youth (SNNA) embarked in June 2011, with support from ILO–IPEC, on implementing an action plan to extend the coverage of the ABRAZO programme to all forms of hazardous work, namely child labour in the brickworks of Tobatí (Department of Cordillera) and the garbage dumps of Encarnación (Department of Itapúa). It notes with interest that 240 children from Tobatí were covered by this programme and that a community centre was set up near the Encarnación garbage dump providing support to 51 families and 145 children. The support includes opportunities for education and vocational training. Furthermore, the Government indicates that a study on child labour in quarries and brickworks in Tobatí, Concepción and Vallemí, financed by the Inter American Development Bank, is being produced. The results of the study will be published in the first quarter of 2012 and will enable the programme to be extended to other types of hazardous work. Lastly, the Committee notes that in September 2011, a pilot project was launched, with support from ILO–IPEC, for the protection of young persons at risk of being engaged in hazardous work. It notes that the project aims to respond to the situation of 700 adolescents over 14 years of age who are no longer covered by the ABRAZO programme, by providing training to facilitate their entry into the labour market. The Committee requests the Government to continue to provide information on the measures taken in the course of the expansion of the ABRAZO programme and on the results obtained.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Indigenous children. In its previous comments, the Committee noted that in his report of 9 December 2004 (E/CN.4/2005/78/Add.1), the Special Rapporteur on the sale of children, child prostitution and child pornography indicated that the children of indigenous peoples are subject to discrimination, suffer from malnutrition and are not attending school frequently. Many leave their families to go and live in town and are exposed to very dangerous situations in view of their vulnerability.

The Committee takes notes of the information in the Government’s report concerning the activities conducted by the Directorate of Original Peoples, which has operated under the SNNA since 2010. It observes that this body is responsible for monitoring the situation of 294 children and young people and their families, and has enabled 150 children to be returned to their families and has offered protection to 26 children and adolescents. Furthermore, a community development plan has been implemented to provide indigenous peoples with autonomous means of production with a view to generating income within the community. An action programme is also being implemented for the Guaraní peoples in the Department of Caaguazú, the aim of which is to reintroduce community and educational practices among these people. Lastly, the Directorate of Original Peoples provides support to the Industrial Union of Paraguay and the Paraguayan Rural Association so that measures can be taken to raise awareness about child labour among indigenous communities. The Committee nonetheless observes that in its concluding remarks of 12 September 2011, the Committee on the Elimination of Racial Discrimination noted with concern that many children belonging to indigenous peoples are not registered or lack identity documents and do not receive basic services in respect of health care, nutrition, education or cultural activities (CERD/C/PRY/CO/1-3, paragraph 13). The Committee strongly encourages the Government to pursue its efforts and requests it to continue to take measures to protect the children of indigenous peoples from the worst forms of child labour, focusing in particular on access to education for these children. It requests the Government to continue to provide information on the measures taken in this regard.

Article 8. Enhanced international cooperation. In its previous comments, the Committee noted that the Government is participating in a city twinning project called “Ciudades gemelas”, aimed at setting up a regional strategy to combat the trafficking of children and young persons for the purpose of sexual exploitation in MERCOSUR, which is funded by the Inter-American Development Bank (IDB). The project involves 14 major border cities in the MERCOSUR countries (Argentina, Brazil, Paraguay and Uruguay), including Ciudad del Este (Paraguay), Foz de Iguazu (Brazil) and Puerto Iguazu (Argentina).

The Committee takes due note of the information submitted by the Government representative to the Conference Committee on the Application of Standards to the effect that the second phase of the “Ciudades gemelas” project has been launched. It also notes that the Government is committed to implementing a regional plan, in collaboration with Argentina, Brazil and Uruguay, for the elimination of child labour in the MERCOSUR countries, the objectives of which are to conduct awareness-raising campaigns on agricultural work, domestic work and sexual exploitation in border areas, and the trafficking of children and young people. Furthermore, the Government’s report indicates that a project entitled “Exchange of experience and the Argentine legal framework for the punishment of trafficking, particularly in respect of children and young persons” involving Paraguay and Argentina, enabled a seminar to be organized in 2011 for the training of 211 Paraguayan officials and programme officers who work in protecting children under the Argentine National Committee for Childhood, Adolescence and the Family. Lastly, the Committee notes that the programme for care and assistance for victims of trafficking has been launched at the Paraguay–Brazil–Argentine border, with financial support from the International Organization for Migration (IOM). It notes in particular that due to support from this programme 18 girl children and adolescents have been returned to the education system. The Committee welcomes the measures taken by the Government to enhance international cooperation and assistance in order to eliminate the trafficking and commercial sexual exploitation of children. It encourages the Government to pursue its efforts and requests it to continue to provide information on the results obtained in this regard.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the statement made by the Government representative to the Conference Committee on the Application of Standards that the results of a first national survey on child labour, conducted with support from the IPEC–SIMPOC programme, will be available in 2012. It further notes that the results of the study on the situation of human trafficking nationwide, conducted by the NGO Luna Nueva, with funding from the European Union, will likewise be available soon. Lastly, the Committee notes that a study on the sexual exploitation of transsexual children, conducted in collaboration with ILO–IPEC, should be published shortly. The Committee requests the Government to provide a copy of the national survey on child labour and copies of the studies on the situation regarding human trafficking and the sexual exploitation of transsexual children, as soon as they are published.