Caso individual (CAS) - Discusión: 2024, Publicación: 112ª reunión CIT (2024)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Paraguay (Ratificación : 1967)

Written information provided by the Government

It should be noted that since the current Administration took office in August 2023, it has worked to make comprehensive improvements to the services provided by the Ministry of Labour, Employment and Social Security (MTESS), including labour inspection and monitoring, which the Government deems a priority in reaching its objectives.

In this regard, we have noted the concerns expressed by the Ibero-American Confederation of Labour Inspectors (CIIT) regarding the implementation of the Convention. It is important to highlight, however, that the Government’s aim from the beginning has been to improve the process implemented by the MTESS, which involves undertaking reviews and relevant investigations so as to resolve any irregularities, thereby ensuring that it can effectively carry out its functions. With this point in mind, specifically in relation to the request of the Committee of Experts, the Government provides the following information.

Articles 6 and 7 of the Convention. Status, conditions of service and recruitment oflabour inspectors

With regard to the recruitment and current status of labour inspectors under the Ministry, the Government wishes to outline the process applicable to them since their recruitment to the MTESS in 2015. A total of 29 officials were recruited to the post of labour inspectors under MTESS Resolution No. 984/2015. They received training from the ILO from February to April 2016, and in October 2017 a 100-hour labour inspector training programme, led by ILO specialists and national and international consultants, was introduced for all officials with inspection duties within the General Labour Inspectorate, including directors, heads of department and labour inspectors.

It should be noted that, although the labour inspectors recruited under MTESS Resolution No. 984/2015 were engaged under annual service contracts with the MTESS, they enjoy the same rights and responsibilities as permanent MTESS officials, including paid annual holiday, statutory leave and breaks, an annual bonus, health insurance, childcare, education grants for each school-age child and grants paid upon the birth or death of a first-degree relative.

With regard to contract staff, under Act No. 5554/16 and Decree No. 4774/16, the Public Service Secretariat introduced a policy to reduce precarious work by recruiting such staff as permanent officials through selection processes and internal institutional competitions, in line with the criteria set out in the regulations in force. In December 2021, the MTESS launched an ad referendum process to reduce precarious work through which contract staff joined the payroll of appointed (permanent) MTESS staff.

The MTESS labour inspectors recruited in 2015 were included in that process to reduce precarious work, and their wages have increased since they joined the Ministry. It should also be mentioned that the same process for MTESS contract staff was formalized through Presidential Decree No. 8773 of 26 January 2023. The inspectors selected and recruited as permanent MTESS staff are listed below:

No.	Full name	Identity card number
1	Luisana Patricia Duarte	3.700.257
2	Ana Karen Casco	4.016.608
3	Jorge Adalberto Aguayo Nacimiento	2.291.422
4	Ronald Rodrigo Quintana Coronel	3.439.754
5	Eligio Gómez Candia	3.425.006
6	Félix Vidal Melgarejo Mosqueira	3.189.738
7	Irene Montserrat Pereira Giménez	4.178.516
8	Santiago Luis Rótela Roa	2.022.490

The current Government, since it took up office on 15 August 2023, has taken very seriously the number of active labour inspectors and their situation within the institution, as it is aware of the importance of inspectors for the performance of the competencies of the MTESS in the area of inspection. For that reason, as soon as it took office, it proceeded to promote two inspectors who had been recruited through the above-mentioned Resolution No. 984/2015 and who were trained by the ILO in 2016 and 2017, and included in the process to reduce precarious work in 2023. These two inspectors currently hold the posts of Director of Labour and Occupational Safety Inspection and Head of the Labour Inspection Department.

In line with the seriousness with which the current Government is taking the situation, as mentioned above, the Minister of Labour, Employment and Social Security, Ms Mónica Recalde, through a ministerial resolution, decided to reassign civil servants to the General Labour Inspectorate. It should be highlighted that, as set out in article 216 of the National Constitution, the Bill on the national general expenditure budget should be presented annually by the executive branch by 1 September at the latest. Hence, we are currently implementing a budget established by the previous Government which did not provide for new recruits to increase the number of the inspectors. However, the current Government has requested that the budget be increased in order to recruit 25 new inspectors as permanent officials of the MTESS, approval of which is to be authorized by the National Congress.

With regard to the pay scale and benefits applicable to labour inspectors compared with other public servants performing similar functions, on average a labour inspector of the Ministry of Labour currently receives 5,500,000 Paraguayan guaranies per month as pay and 1,650,000 guaranies per month in bonuses, amounting to a monthly average of 7,150,000 guaranies. This is in line with a comparison with data published by the Ministry of Industry and Trade of Paraguay, in accordance with Act No. 5.189, which establishes the obligation to provide information on the utilization of public resources for pay and other remuneration assigned to public servants of the Republic of Paraguay. An inspector of the Ministry of Industry and Trade receives an average of 3,518,750 guaranies, detailed as follows:

No.	Full name	Identity card number	Previous salary(guaranies)	Current salary
1	Fernando Báez	2.545.748	3,950,000	Contracted
2	Jorge Cabrera	662.627	3,600,000	Permanent
3	Ezequiel Domínguez	751.261	3,600,000	Permanent
4	Aníbal Mendieta	992.818	3,000,000	Permanent
5	Jorge Chaparro	1.998.892	4,900,000	Permanent
6	Wilson Villalba	3.176.299	3,400,000	Permanent
7	Elida Chamorro	3.215.276	2,700,000	Permanent
8	José María Ríos	3.489.553	3,000,000	Permanent
Average	3,518,750

Articles 10 and 11. Number of labour inspectors. Material conditions of work

The total number of inspectors assigned to the General Labour Inspectorate of the MTESS is currently 15, as established by Ministerial Resolution.

Although 10 of the 15 inspectors are assigned to the country's capital, these inspectors carry out inspection orders throughout the country, as the legislation is not federal and nor are restrictions imposed on it at department level. Considering that geographical distances in Paraguay are relatively short and that a labour inspector can travel from the capital to any part of the country within hours by land transport, it is therefore not strictly necessary to assign inspectors to all of the country’s departments, as they can travel easily to carry out the work that falls within their competence.

Regarding the allocation of vehicles exclusively for inspectors to carry out their inspection duties, it should be mentioned that the MTESS currently has a digital system for requesting the provision of work vehicles, which improves organizational efficiency. Through this system, requests for vehicles are made for the work required and are processed immediately for the effective transport of officials.

There are also regional labour offices in the country, under the MTESS, in the following departments: Alto Paraná, Amambay, Mariscal Estigarribia, Caaguazú, Canindeyú, Central, Concepción, Guairá, Itapúa, Cordillera, Ñeembucú, Paraguarí, Presidente Hayes, San Pedro and Boquerón, data on which are available on the MTESS website. Five of these departments have labour inspectors specifically assigned to the territory.

It should be mentioned that the current administration is developing the policy of public expenditure rationalization initiated in previous years, with clear restrictions on non-priority expenditures, such as travel allowances, tickets, overtime, fuel, and staff appointments and recruitment.

It should also be noted that the Civil Service Bill is currently before the national Parliament, in view of the need for institutional strengthening of the civil service. The main objective of the Bill is to establish the general provisions governing the civil service, to regulate specifically civil service careers, and to determine the regulatory competence in this area for public institutions within the executive branch.

This initiative is in line with the many other efforts being undertaken by this Government as a whole to initiate the systematic and specific process of restructuring the State, the goal of which is to make the administration more agile, predictable, transparent and open to citizens.

Articles 12(1)(a) and (c)(ii), 16 and 18. Restrictions on the power of labour inspectors to enter freely workplaces liable to inspection. Limitations on carrying out labour inspections.

Regarding the draft amendments to Resolutions Nos 47/2016, 56/2017, 217/2021 and 29/2023, it should be noted that Resolution No. 90/2023 of 6 September 2023 is currently in force, authorizing the formation of a technical team to review and amend the ministerial regulations governing inspection procedures and the establishment of a protocol for receiving complaints, in order to refer them to the General Labour Inspectorate, which has resulted in a new ministerial resolution approving a new inspection procedure

Lastly, according to the information provided by the General Labour Inspectorate, all inspections are confidential and are carried out without prior notice to the employer, in compliance with the labour standards and administrative procedures in force.

Inspection period	Number of inspections carried out
January – August 2023	187
August 2023 – May 2024	66

Approximately 80 per cent of the inspections carried out on the basis of complaints and accidents at work are in the capital and metropolitan area.

Discussion by the Committee

Chairperson – I invite the Government representative of Paraguay, Deputy Minister of Labour, to take the floor.

Government representative – It is an honour for me to address you today on behalf of the Government to discuss and defend our position in relation to the implementation of Convention No. 81. Since taking office as the new Government in August 2023, we have been working indefatigably to improve and strengthen the services of the MTESS, with a particular focus on labour inspection and compliance, which we consider to be fundamental pillars for the achievement of our national objectives.

We, as a Government, value the comments made by the Committee of Experts and the concerns expressed by the CIIT. I will discuss in detail below our action and responses to the matters raised.

Contractual terms and conditions of service of labour inspectors. Since 2015, we have recruited 29 labour inspectors in accordance with MTESS Resolution No. 984/2015, who have received specialized training from the ILO through programmes undertaken by specialists, national and international consultants, for the benefit of all officials involved in inspection activities, including department directors and chiefs and labour inspectors.

Despite the fact that these officials were originally recruited under annual contracts for the provision of services between the MTESS and the labour inspectors, it should be emphasized that they benefit from rights equivalent to those of permanent officials, including paid holiday, medical insurance and various allowances.

With reference to the personnel who were recruited, the Secretariat of the Public Service, through Act No. 5554/16 and Decree No. 4774/16, have initiated a policy to overcome precarious work. This policy consists of the inclusion of contract personnel as permanent officials through a selection or an internal competition procedure, in accordance with the criteria set out in the regulations in force. In December 2021, the MTESS commenced a process of eliminating precarious work ad referendum, thereby permitting contract staff to join the permanent staff of the MTESS.

It is pertinent to note that, in August 2023, when the new Government took office, there were 19 MTESS inspectors who had been recruited in 2015, who were among the staff of the Ministry, and who were included in the process of combating precarious work under Presidential Decree No. 8773, of 26 January 2023, and half of them have been included in the permanent personnel.

Since the present Government took office on 15 August 2023, we have noted with great interest and concern the actual number of labour inspectors and their situation within the institution, in our awareness of the importance of these professionals in giving effect to the mandate of the MTESS. For that reason, immediately after taking office, we promoted two inspectors recruited under Resolution No. 984/2015, who had been trained by the ILO in 2016 and 2017, who were removed from their precarious status in 2023. These inspection personnel currently occupy the positions of Director of Labour and Occupational Safety Inspection and Head of the Department of Labour Inspection.

In line with the above, the Minister, Ms Mónica Recalde, through MTESS Resolution No. 331/2024, has updated the list of officials of the General Directorate of Labour Inspection, in which 15 officials exercise the functions of inspectors and the rest are support staff.

On the wage structure. We have worked hard to ensure that labour inspectors receive just and competitive remuneration. Inspectors currently receive a monthly average of 7,150,000 guaranies, which is significantly higher than the average of 3,518,750 guaranies received by inspectors in other public institutions, such as the Ministry of Trade and Industry. This adjustment reflects our recognition of the vital work performed by our inspectors and our will to adopt appropriate salary levels.

On the number of inspectors and their material conditions of work. We recognize the need to increase the number of inspectors to ensure adequate and effective coverage. There are currently 15 inspectors appointed under MTESS Resolution No. 331/2024. An application has also been made to the National Congress for an increase in the budget to recruit 25 new permanent inspectors. The file is currently with the Ministry of Finance under SIME No. 42.569/2024

It is important to note that, in accordance with the national Constitution, the Bill on the general expenditure of the nation has to be submitted annually by the executive authorities to the National Congress by 1 September each year. Taking into account that the current Government recently took office on 15 August 2023, that is 15 days before the Constitutional delay for the submission of the budgetary law, the present Government is implementing the budget prepared by the previous Government.

The 15 inspectors who are currently carrying out their duties are assigned to the capital and the interior of the country. It is important to note that our country is a unitary Republic, in which the legislation governs the whole of the country, despite our division into departments, which does not involve the adoption of special legislation. The geography of Paraguay makes it possible for inspectors to travel from the capital to any point in the country in a few hours using land transport, which facilitates their work, without the need to assign inspectors to all departments.

We have also introduced a digital system to request institutional vehicles, thereby facilitating the mobility and the work of inspectors throughout the national territory.

It is also the case that certain departments of significant economic importance, such as Alto Paraná, have three inspectors who cover this frontier area with Brazil and the department of Canindeyú.

In parallel, the Parliament is examining the Civil Service Act. This Act seeks to strengthen the institutional nature of the public service through the establishment of general provisions governing civil service careers and determining regulatory competence in respect of public institutions under the executive authorities. This Bill is undergoing broad discussion with the various trade unions.

On the free access of inspectors to workplaces, the situation regarding the amendment of resolutions and the suspension of inspections. In accordance with our national legislation, in cases where inspectors cannot have free access to private establishments, the MTESS has the power to request precautionary measures through the appropriate jurisdiction to allow entry, in accordance with section 18 of Act No. 5115/2013.

It is also important to note that, under the terms of Resolution No. 90/2023, of 6 September, a technical team was set up for the amendment of the ministerial rules, which resulted in Resolution No. 356 of 21 May 2024, setting aside Resolution No. 47/2016 and MTESS Resolution No. 56/2017, and repealing sections 3 and 4 of MTESS Resolution No. 29/2023, and the adoption of the Manual of Labour Inspection and Monitoring Procedures. On this point, I wish to point out in particular that Resolution No. 29 does not in any way establish a moratorium or the suspension of labour inspections, but rather calls for procedures to be governed by an inspection order issued by the highest institutional authority. As this provision has been repealed, the responsibility lies once again with the General Directorate of Labour Inspection.

In light of the above, it is clear that at no time did the Government suspend inspections. Moreover, with reference to labour inspection and monitoring between August 2023 and May 2024, a total of 66 inspection procedures were carried out on compliance with decent work and occupational safety and health provisions.

It is also important to indicate that the MTESS carries out inspections together with the Paraguay Social Welfare Institute (IPS) and the Deputy Minister of Transport within their respective areas, making a total of 175 enterprise monitoring procedures by labour inspectors during that period. During the inspection activities, over 1,000 workers were interviewed on a random basis and over 6,500 workers were detected in those enterprises through administrative monitoring.

Failure to comply with labour provisions resulted in penalties and fines amounting to a total of 9,101,112,804 guaranies over the period.

I would add that, taking into account the observation of the Committee of Experts, as indicated previously, Resolution MTESS No. 346 was issued establishing more flexible procedures which will result in much more efficient and rapid inspection.

Focusing on the flowchart of the labour inspection circuit, it includes various units in the Ministry of Labour, culminating with the legal office of the Ministry.

On inspections and penalties. Since taking office, we have intensified inspections without previous warning in order to ensure compliance with labour provisions. In accordance with the Convention, inspectors are authorized to enter premises freely without previous notice, upon presentation of the respective inspection order, and may be accompanied by other public officials and, where appropriate, a member of the union or workers’ committee.

It is important to refer to and to express gratitude for the support provided by the ILO throughout the existence of the MTESS in Paraguay, which was created only ten years ago. In this regard, we request ILO technical cooperation to continue strengthening inspection and other areas covered by the Ministry.

We emphasize the valuable contribution of the Tripartite Advisory Board, a body created by executive decree with representatives of the trade union confederations, employers’ organizations and the national Government, which is carrying out action to contribute to the defence of labour rights.

It is important to refer to the opening of various dialogue roundtables, such as the social security roundtable, which resulted in the Act creating the Pensions Superintendence of Paraguay, which was submitted in a consensual manner to this tripartite body (worker, employer and Government representatives), the draft text of which has been approved by the national Parliament.

Roundtables have also been established for housing and freedom of association, of which the latter is very important and in which we have been working with our trade union colleagues to endeavour to improve this fundamental workers’ right. We wish to emphasize that these bodies are strengthening the role of tripartism as a component of social cohesion, in accordance with the ILO’s mandate.

In conclusion, the Government is firmly committed to the continued improvement of labour inspection services, thereby ensuring just and decent conditions of work for all our workers. We thank this prestigious Committee for its attention and we reiterate our readiness to continue working with the ILO and other international organizations

Employer members – We thank the Government for the oral and written information provided, of which we have taken full note.

The Employers’ Group emphasizes the importance of compliance with the Convention, which is one of the ILO’s four priority governance Conventions and was ratified by Paraguay in 1967.

By way of background, this case is not new, as the Committee discussed comments on compliance with the Convention at the 1993 session of the International Labour Conference. Moreover, since 2013, the Committee of Experts has made observations on the application of this Convention on three occasions, namely in 2013, 2020 and 2023.

In its report, the Committee of Experts identifies the following issues that should be reviewed by the Conference in this case:

• (1) the persistence of issues relating to the insufficient number of labour inspectors and material resources allocated to the labour inspectorate. In this regard, the Committee noted in particular the indications by the CIIT that inspectors are assigned to only four departments and to the capital district, while the remaining 12 departments have no assigned inspectors;
• (2) the failure of the Government to lift the restrictions established by MTESS Resolutions Nos 47 of 2016 and 56 of 2017 on the powers of inspectors to enter freely and without prior notice any workplace liable to inspection, and the frequency and thoroughness of labour inspections;
• (3) that, with the adoption of MTESS Resolution No. 29 of 2023, inspection activities have been further restricted by the need to obtain an inspection order issued by the highest MTESS authority.

With regard to the relevant data, the Employer members observe that the Committee of Experts noted the report submitted by the Government, which essentially stated that through MTESS Resolution No. 984/2015:

• (1) a total of 29 officials were recruited as labour inspectors and were trained by the ILO between February and April 2016 and, subsequently, in October 2017 a labour inspector training programme was established;
• (2) the labour inspectors were recruited under annual service contracts and that, under Act No. 5554/2016 and Decree No. 4774/16, the MTESS provided for contract staff to join the permanent staff.

It also noted that most inspectors are centralized in the capital, and it can be considered that, in the absence of departmental restrictions, and as the distances between regions are not great, labour inspectors have the logistical resources to travel from one place to another, according to the information provided by the Government. In short, the assignation of inspectors to all the country’s departments would not be necessary.

Lastly, in relation to the limitations on the powers of inspectors to undertake their inspection activities freely, Paraguayan legislation does not in effect allow inspectors to enter private establishments freely without the authorization of management and, in the event of obstruction, the MTESS can ask the courts to impose precautionary measures to allow them to enter, in accordance with section 18 of Act No. 5115/13.

With regard to the analysis and consideration of this case, the Employer members consider it important to recall that, during the drafting of the Plan of action (2010-2016) to achieve widespread ratification and effective implementation of the governance Conventions, which was adopted by the Governing Body at its 306th Session in November 2009, it was considered that ensuring compliance with labour standards is vital to the ongoing promotion of decent work, and that one of the most important mechanisms to that end is the establishment of effective labour inspection services to enhance social protection.

On the basis of the guidance set out in the Convention, the importance can be seen of labour inspection services that are well structured, not only administratively but also in terms of sufficient institutional strength, with an appropriate number of inspectors so that they can play an effective role in verifying and ensuring the full implementation of labour regulations in complete compliance with Articles 9 and 10 of the Convention.

We are sure, indeed convinced, that the best way to improve the inspection system is through the provision of resources that ensure that, through its structure and organization, the system:

• (1) fulfils its role in an impartial, comprehensive and specialized manner with a view to achieving greater formalization in the country;
• (2) provides the necessary operational and logistical resources to inspectors;
• (3) comprises sufficient numbers of inspectors to provide adequate coverage for the effective supervision of labour regulations; and, finally,
• (4) grants inspectors appropriate wage levels that recognize the professionalization and specialization required of them.

In light of the above, the Employer members believe that it is important for the national authorities to intensify their efforts to explore options that allow the continuous improvement of the labour inspection system, appropriately regulating its scope and ensuring that there are no unjustified or bureaucratic limitations on the discharge by inspectors of their role of labour supervision, with the possibility of requesting the technical assistance of the ILO in all cases

Worker members – This individual case relates to the application by Paraguay of Convention No. 81. By way of context, we would like to recall that our Committee has examined compliance with international labour Conventions by Paraguay on several occasions, and most recently in 2017 for violations of the Forced Labour Convention, 1930 (No. 29).

Since then, we have been hoping that Paraguay would finally take the necessary steps to improve its situation in relation to trade union rights. Regrettably, that is not the case. The situation of workers has not improved and, in some respects, has even got worse. The measures adopted in recent years show that there has been practically no impact.

It is clear that, in a country in which over 60 per cent of the active population is working in the informal economy, the action of the labour inspection services concerns, in a certain manner, a small visible part of a much greater universe of precarious workers.

The report of the Committee of Experts leaves no room for doubt that Convention No. 81 is essential in guaranteeing the effectiveness of labour inspection, which is being flagrantly ignored by the Government, thereby endangering labour rights and social stability.

In the first place, the legal status and conditions of work of labour inspectors are a matter of concern. According to the information provided in the report of the Committee of Experts, the labour inspectors recruited in 2015 were engaged through a merit-based competition and not a competitive selection process for permanent positions. Moreover, those who were successful in the merit-based competition in 2015 were engaged under annual service contracts, and their status is therefore that of self-employed workers providing civil or commercial services for the MTESS.

This recruitment system makes inspectors precarious in the absence of employment stability. According to the information provided to the Committee of Experts, of the 19 inspectors who are still engaged, only eight enjoy employment stability, and the other 11 still have annual contracts. This not only affects their employment stability, but also their capacity to discharge their duties independently and effectively.

The report of the Committee of Experts also notes another very significant issue: the salaries of inspectors have not been increased since 2015. This not only considerably reduces the purchasing power of inspectors, affecting their quality of life and well-being, but also has an impact on the operation and efficiency of the system.

Another critical issue, in relation to compliance with the Convention, is the inadequate numbers of labour inspectors. The report of the Committee of Experts indicates that, of the 30 recruited in 2015, only 19 are still in their posts. These inspectors are distributed unequally: 13 are in Asunción, three in Alto Paraná and one each in the departments of Cordillera, Paraguarí and Ñeembucú. The most serious aspect of this is that the other 12 departments of Paraguay, which I will not name, only have one inspector assigned. This means that there is a complete absence of labour inspection in a large part of the national territory of Paraguay.

Moreover, inspectors lack the appropriate material conditions to carry out their work. For example, they do not have vehicles for transport, which is a basic tool for the discharge of their duties in different places and in travelling from one place to another. This lack of logistical resources is a severe obstacle to the capacity of inspectors to carry out their functions efficiently, and particularly, in a timely manner in response to complaints or the detection of the need for inspection.

The Committee of Experts noted with concern that the Government has not adopted any measures to remove the restrictions on the freedom of inspectors to enter workplaces liable to inspection. As indicated in the report of the Committee of Experts, it is a matter of great concern that the Government has not lifted the restrictions established by MTESS Resolutions Nos 47 of 2016 and 56 of 2017 on the power of labour inspectors to enter freely and without previous notice any workplace liable to inspection and that workplaces are inspected as often and as thoroughly as is necessary, as provided in the Convention. It is also a cause for concern that, through the adoption of resolution No. 29 of 2023 of the Ministry, inspection activities have been further restricted by the need to obtain an inspection order issued by the highest authority of the Ministry.

We share the deep concern expressed by the Committee of Experts at the persistence of the problems relating to the insufficient number of labour inspectors and, we repeat, the material resources allocated to the labour inspection services.

Since August 2023, we have seen a systematic dismantling of the labour inspection system in Paraguay, with the suspension of inspections under the pretext or the claim of preventing corruption and reviewing internal procedures. This retrogression, which is delivering the country to damaging practices, is compromising the safety and well-being of millions of women and men workers in Paraguay.

It is vital to recall that Paraguay had a set of highly trained inspectors due to the efforts made, including with ILO support, who played a vital role in the protection of labour rights.

This Committee must not allow this progress that had been made in Paraguay with the technical assistance provided by the ILO to become a shadow of past achievements.

The lack of compliance with the Convention is not only a violation of labour rights, but also, as we all know, a threat to social justice and progress in the country. The country is in deficit in relation to its workers and its international commitment to give effect to the provisions of the Convention in law and practice.

We demand the Government to take urgent measures to remedy the situation by guaranteeing the stability and dignity of labour inspectors and ensuring respect for the rights of all workers in Paraguay.

Employer member, Paraguay – We are pleased that we can meet again at this session of the Committee, where the observance of Convention No. 81 by Paraguay is being examined in the context of this Conference. In this context, the Employers have fully analysed and evaluated the report of the Committee of Experts, and on the basis of this analysis I would like to make a number of points.

Employers in Paraguay support the initiatives taken by the Government since it came into office in August 2023, aimed at improving labour inspection conditions and efficiency. These actions show a commitment to strengthening the labour inspection system and complying with the provisions of Convention No. 81, ensuring fair and decent working conditions for all workers.

We commend the efforts to increase the number of inspectors, improve their training and ensure fair remuneration for them, which will contribute to a safer and more equitable working environment in our country.

Furthermore, it is vitally important to recognize that improvements to the employment status of inspectors have a direct impact on the effectiveness of inspections and, consequently, on compliance with labour standards. A well-trained corps of inspectors, adequately paid and with stable conditions of employment, is essential to ensure that workers’ rights are respected and that enterprises operate within the framework of the law.

The professionalization and strengthening of the inspectorate not only benefits workers, but also promotes an environment of fair competition and enterprise sustainability, which is essential for the economic development of the country.

Lastly, I would like to reiterate that employers in Paraguay see firm determination and political will on the part of the Government authorities to take the necessary remedial measures to improve the labour inspection system, despite the difficulties which are a feature of a developing country.

Worker member, Paraguay – Our presence here relates to the report of the Committee of Experts, which has issued an observation to the Government of my country for non-compliance and serious and repeated violations of the Convention.

In its observation, the Committee of Experts has taken special account of the information and complaints of the CIIT received on 31 August and 5 September 2023.

The men and women workers that I represent have indicated that they support and endorse the report of the Committee of Experts on the current situation of labour inspection in Paraguay.

Despite this agreement with the comments of the Committee of Experts, I would like to make a few additional points. Firstly, with regard to Articles 10 and 11 of the Convention, the Committee of Experts noted the Government’s indication in its report that the possibility of increasing the number of labour inspectors depended on the budget allocated to the Ministry of Labour under the overall national budget, and that this entailed not only an increase in the cost of salaries but also in the costs of training, equipment and means of transport needed for the performance of their duties.

At the same time, the Committee of Experts took account of the fact that the international representatives of the labour inspectors had indicated that of the 30 inspectors recruited in 2015, only 19 remained in post. Of these, 13 were assigned to the capital Asunción, three to the department of Alto Paraná, and one each to the departments of Cordillera, Paraguarí and Ñeembucú, with none assigned to the remaining 12 departments. It was also reported that the labour inspection services still have no vehicles for the performance of their duties.

The extreme institutional precariousness of labour inspection in Paraguay should be noted. This involves:

• non-existent monitoring of compliance with conditions of work;
• no verification of legal standards, terms of collective agreements or regulations; and
• in practice, abandoning any measures to ensure accident prevention or occupational safety and health.

If we look at coverage of the territory, we quickly conclude that it is minimal. 90 per cent of the country does not have inspection services, which increases the possibility of the widespread and ongoing lack of compliance with standards designed to protect working people.

In locations such as the department of Alto Paraná, an industrialized area with a large number of maquila factories – and we know how maquilas operate – it is impossible to carry out any kind of monitoring given the lack of inspectors.

Nor are there any inspectors in other places such as the Central department, where a major industrial park is located.

As a result of this vacuum in the supervision of working conditions in Paraguay, a tragic incident occurred this year which was a direct result of the lack of inspection in relation to occupational safety standards. The accident involved the explosion of an ammonia cylinder in a sausage factory, resulting in the death of four workers.

Workers are putting their very lives at risk in order to work. It is an essential function of the State to monitor compliance with safety standards in order to protect the life and health of those who need to secure a livelihood, and at times it is this very need which obliges them to perform their work in utterly precarious conditions.

At the 2022 session of the Conference, the ILO recognized a safe and healthy working environment as being a fundamental principle and right at work, incorporating it into the ILO Declaration on Fundamental Principles and Rights at Work (1998) as amended in 2022, together with freedom of association, non-discrimination in employment and occupation, the elimination of forced labour and the abolition of child labour.

With regard to Article 12(1)(a) and (c) of the Convention, the Committee of Experts notes with concern that the necessary measures have not been taken to amend Ministerial Resolutions Nos 47 of 2016 and 56 of 2017 on the inspection procedure for ensuring compliance with labour, social security and occupational safety and health standards, which restrict the powers of labour inspectors and the conduct of inspections.

In particular, I would like to mention the restrictions on free access to workplaces.

This fact is a given in many enterprises, essentially in the refrigeration sector, private ports and other workplaces, whose owners prohibit the entry of inspectors to their premises for in situ verification of the hazardous nature of the work.

Here, it must be said, in many cases the workers make a complaint and accompany the inspectors during the inspection, but they are denied access to carry out the inspection unless there is a requirement to grant entry.

The limitations described not only result in non-compliance with occupational safety and health standards, but also violations of the right to work through the loss of jobs and violations of freedom of association, which is enshrined in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Lastly, with regard to the legal status of labour inspectors, the majority are recruited through a merit-based competition, but even so they are subject to national legislation in the public sector and to the general budget. This results in precarious employment and restrictive policies, ultimately obstructing fresh recruitment. The conditions of work of inspectors are also precarious, because the tools needed for the effective performance of their work are not provided.

Although it is true that the new administration is making efforts to increase the number of inspectors, so far it has not been possible to achieve this objective. Everything has remained at the level of intentions, without anything being done in practice.

We consider that there is an urgent need to take the relevant steps to make improvements and, in short, to ensure the effective observance of Convention No. 81 by means of:

• a significant increase in the number of labour inspectors so that they cover all of the national territory and all sectoral activities and enterprises for the better protection of workers in terms of their working conditions, freedom of association and occupational safety and health;
• the implementation of enforcement mechanisms which enable access to enterprise premises without bureaucratic obstacles that complicate and hold up action that is urgently needed in many cases;
• the provision of work equipment, especially vehicles, to enable the geographical range of inspection services to be increased; and
• lastly, ensuring the employment stability and technical independence of labour inspectors.

We have positive expectations that the Committee will support the strengthening of the labour inspection system in our country.

Government member, Belgium – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Montenegro, North Macedonia, the Republic of Moldova and Ukraine, and the European Free Trade Association countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

Labour inspection, as provided for in Convention No. 81, is key in ensuring the effective implementation in practice of ratified ILO Conventions and, more broadly, in promoting and safeguarding decent working conditions.

We note the latest information provided by the Government of Paraguay which confirms the information from the Committee of Experts report that only eight labour inspectors have so far been appointed as permanent officials. We call on the Government to ensure that all labour inspectors are appointed on a permanent basis as public officials. We also note the latest information provided by the Government of Paraguay about the salary and benefits structure applicable to labour inspectors in relation to the salary and benefits structure of public servants who perform similar functions.

We note with concern the persistently low and insufficient number of labour inspectors, whose number has further decreased from 19 to 15, based on the latest information provided by the Government, as well as the limited operational resources assigned to the labour inspectorate. We note that ten inspectors assigned to the capital deliver services across the whole territory, including 12 departments where no local inspectors are assigned.

In line with the Committee of Experts’ recommendation, we urge the Paraguayan Government to take the necessary measures to increase the number of serving labour inspectors so as to ensure the efficient functioning of labour inspection services and effective coverage across the Paraguayan territory. This is crucial to ensure full respect of labour rights in practice. We recall the discussion in the Committee in 2017 and the subsequent observation of the Committee of Experts in 2019 regarding forced labour, requesting the Government to ensure the presence of labour inspectors in the most remote areas of the Chaco region. We note with concern that insufficient progress has been made to address this.

Based on the latest information submitted by the Government, we note a relatively sharp decrease in the number of inspections, namely 66, between August 2023 and May 2024, compared to the previous period of January to August 2023, when 187 inspections were realized. We would like to ask the Government to share information on the reasons for this decrease. We underline the importance of the Labour Inspectorate in upholding labour standards

The EU and its Member States note with interest that the Paraguayan Parliament is considering a budget increase that would provide for 25 additional labour inspectors. We express our hope for a swift approval of this budget and for adequate resources to be provided in future national budgets. We also urge the Government to provide labour inspectors with the necessary equipment, offices and means of transport necessary for the performance of their duties.

We are concerned that the powers of labour inspectors in Paraguay and the conduct of their inspections remain restricted under the different Ministry of Labour, Employment and Social Security Resolutions as referred to by the Committee of Experts. In this regard, we note the Resolution of the Ministry of Labour, Employment and Social Security No. 90 of 2023 that establishes a task force to modify the existing Ministerial resolutions and hope to see progress in the near future.

We appeal to the Government to remove the restrictions and limitations for labour inspectors in order to ensure that they are empowered to enter freely and without previous notice any workplace liable to inspection and to undertake inspections as often and as thoroughly as necessary without requiring prior authorization. We therefore urge the Government of Paraguay to bring its national legislation into full conformity with the Convention. We encourage the Government of Paraguay to follow-up on the request by the Committee of Experts to provide information and statistics in this regard.

The EU and its Member States remain committed to a constructive engagement with Paraguay to address the issues raised.

Government member, Mexico, speaking on behalf of the group of Latin American and Caribbean countries (GRULAC) – A group of GRULAC countries would like to draw attention to the initiatives taken by the Government of Paraguay since its inauguration in August 2023 to improve the conditions and efficiency of the labour inspection system. The group notes the Government’s commitment to aligning its action with the provisions of the Convention in order to ensure fair and decent working conditions for all workers.

The measures taken by Paraguay to increase the number of labour inspectors, improve their continuous training, and ensure fair and competitive remuneration can contribute to strengthening the capacity of the labour inspection system and promoting a safe and equitable working environment.

Another important step is the Government’s decision to recruit new permanent inspectors and the new regulations adopted to bring inspection procedures into conformity with Convention No. 81

Finally, a group of GRULAC countries urges Paraguay to continue the action taken to professionalize and strengthen labour inspectors with a view to promoting an environment of fair competition and sustainable enterprise.

Government member, Switzerland – Switzerland supports the statement made by the European Union and wishes to make the following point. Convention No. 81 establishes the fundamental principles that must be respected in order to ensure the proper functioning of any labour inspection system, and therefore contributes to the effective application, in practice, of international labour standards and national labour law. While underscoring this vital role of labour inspection, Switzerland expresses its concern regarding the numerous practical and legislative shortcomings reported by the Committee of Experts with respect to the labour inspection system in Paraguay.

The lack of employment stability resulting from the temporary nature of contracts, the extremely limited number of labour inspectors throughout the country, the lack of material resources available to carry out labour inspections effectively, and restrictions on unannounced inspections, are all factors which severely hamper the proper functioning of the labour inspectorate in Paraguay, and which are contrary to the Convention.

Switzerland recalls that inspectors must have sufficient material resources to be able to carry out their work, and that their independence and impartiality must be fully guaranteed. In this regard, the Swiss Government calls on the Government of Paraguay to urgently take all the necessary measures to: firstly, significantly increase the number of labour inspectors and the material means available to them; and, secondly, adapt its legislation, in particular on inspection authorization procedures, in order to bring it into full conformity with the Convention. Switzerland also encourages the Paraguayan Government to provide information on the measures taken in this regard and, in future, to systematically provide statistics on the number of inspections conducted and the penalties imposed.

Worker member, Brazil – I note with deep regret that the case of Paraguay is serious, persistent and endangers workers’ fundamental rights to health, safety and well-being, which justifies the urgency of analysing the case.

Convention No. 81 is of unique importance, as labour inspection performs duties not only related to supervision and penalties, but also, and perhaps more importantly, to prevention.

Compensation for any harm or violations is important. Ideally, however, there should be no harm or violations, especially where the fundamental rights to the health, safety and welfare of workers are concerned.

Non-compliance with the Convention cannot be overlooked or minimized. Otherwise, all fundamental rights protected by this Organization would potentially be at constant risk of violation.

The absence of labour inspection, in the terms established by Convention No. 81, ultimately results in the loss of lives.

I would like to once again express my great regret that the Government, in presenting its considerations after learning of its inclusion in the long list, did not provide any information on the worrying situation in the Chaco region, even though it is covered by the latest direct request of the Committee of Experts.

In 2008, 2013 and 2017, Paraguay came before this Committee for violations of Convention No. 29, especially in the Chaco region, related to the working conditions of indigenous workers.

Since 1997, the Committee of Experts has commented on these situations of debt bondage in the country, which were extensively documented in a 2005 ILO report.

In this, we can objectively and concretely see the results of non-compliance with the Convention. For almost 20 years, the worrying situation in the Chaco region has been recorded, analysed and commented on by the supervisory bodies.

Despite this, the Government has repeatedly failed to give effect to the Convention and, consequently, to carry out the corresponding inspections, which is the only way of ensuring the preventive effect we so desire.

We urge the country to increase urgently and significantly the number of inspectors, guaranteeing them the mandate and material conditions for the performance of their duties, and to ensure that the Chaco region is the subject of a more assertive, immediate and targeted policy.

Government member, El Salvador – El Salvador has noted the information provided by the Government representative, in relation to this case. We understand the challenges involved in taking office as a new administration in relation to such structural matters. We appreciate the commitment of the new Government to improve the conditions and efficiency of the labour inspection system.

The Convention aims precisely to ensure the appropriate conditions for those who seek and promote compliance with workers’ labour rights. We therefore recognize the measures taken in the short time that this new administration has been in place, and we encourage the Government of Paraguay to continue to promote the improvement of its labour inspectorate with measures such as increasing the number of labour inspectors, providing them with continuous training, and ensuring fair remuneration.

Our region has positive experiences of labour inspection that can be shared through various means, including South-South cooperation, which could offer an opportunity to promote not only progress in this respect, but also unity among our peoples.

Finally, our delegation encourages the Government to continue its efforts to implement the Convention.

Worker member, Spain – The report of the Committee of Experts, in relation to compliance with Convention No. 81 in Paraguay, describes a situation of extreme precarity in the country’s labour inspection system, thereby showing that it was appropriate to choose this case for examination by the Committee as a double footnoted case.

The low number of inspectors, the lack of resources for the performance of their duties, the precarity of their working conditions and the limited coverage of labour inspection in vast areas of the country reveal the incapacity of the Paraguayan labour inspection system to comply with the provisions of the Convention.

The Committee of Experts’ report reflects this precarious situation of labour inspection in Paraguay, and also includes the Government’s arguments. The Government indicates in its report that the possibility of increasing the number of labour inspectors depends on the budget allocated to the Ministry of Labour from the overall national budget.

Thus, the Government claims that the failure to comply with the Convention is due to a lack of budget, which the Government itself has failed to allocate. Furthermore, the Committee of Experts notes the Government’s indication in its report that increasing the number of inspectors entails not only the cost of their salaries, but also the associated costs of training, equipment and means of transport necessary for the performance of their duties. The Government thus describes precisely the content of the Convention to justify its failure to comply with it.

It is important to recall that the Convention ratified by Paraguay almost 60 years ago provides in Article 6 that “inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment”.

Article 7(3) provides that “Labour inspectors shall be adequately trained for the performance of their duties”. Article 10 adds that the “number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate”, while Article 11 requires the competent authority to “make the necessary arrangements to furnish labour inspectors with” material means and transport facilities for the performance of their duties.

Thus, all these Articles of the Convention are clear with respect to the obligation to ensure the provision of resources for the inspection system.

Therefore, non-compliance with the Convention on the grounds that there is no budget available for its funding is not an option, just as it is not an option in any Convention, and since budget allocation is a political function, compliance with the law is not a political choice.

In the case of Paraguay, the political decision not to allocate sufficient resources serves to guarantee the failure to comply with the Convention, with the serious consequences that ensue for compliance with labour rights in the country, as emphasized by the Worker representatives.

Finally, I would like to reiterate that the seriousness of this case requires the commitment by the Government, as a signatory to the Convention, through the allocation of sufficient budgetary resources to comply with all the provisions included in this Convention.

Observer, Confederation of University Workers in the Americas (CONTUA) – We said that, without doubt, the selection of this case will enable us to broaden the discussions that we had only yesterday on the General Survey of the Committee of Experts and, in this regard, to examine the system for the protection of labour relations in the wider context of the framework of national and international standards, ensuring compliance and effective supervision as three seamless and indivisible steps.

Unless there is a willingness to set out social and labour relations in a social contract, there is no possibility of social peace, which is the basis for the adoption of standards. Anomie favours the strongest, and the recognition that work is not a commodity involves the protection of the weakest, which is the basis of our standard-setting system.

However, a standard-setting system that does not require mandatory compliance through the responsibility of the State for enforcement can be nothing more than anecdotal and declamatory. It becomes a literary text, and once again favours the maintenance of the status quo by the strongest due to their strength or political or economic power.

Therefore, supervision of compliance with standards is an essential part of the system, and also constitutes a fundamental obligation of States, exercised within the framework of tripartite social dialogue.

There may be perfect standards, there may be a majority will to comply, but if there is no effective supervision and penalties for failure to comply, there will be those who abuse, fail to comply with and violate agreements, and those worst affected will of course be the workers.

We are speaking about this with regard to Paraguay, we are speaking about a State that has abandoned its obligation to ensure compliance with the standards in force, where labour inspection is practically non-existent, and therefore, violations of workers’ rights are generalized, as well as attacks on trade unions which, alone and with great courage, not only defend the interests of their members, but also denounce enterprise practices that destroy the environment, collusion with corrupt officials who turn a blind eye, tax fraud and failure to comply with health standards.

There is little or no inspection in the capital city and absolutely no inspection in the remotest areas of Paraguay. There is a total lack of employment stability for public employees in the labour inspectorate, which makes them vulnerable to political pressure and pressure from unscrupulous employers. There is a lack of independent and transparent procedures for the selection of enterprises to be inspected, so that the system favours arbitrary action and political intervention. There are no resources to conduct inspections, no vehicles, no basic technology and even less a policy of human resources training. And, of course, poor wages.

As indicated by the Worker representative of Paraguay, the lack of inspection has claimed the lives of workers. In order to ensure decent working conditions, strong action is required by States to curb the impunity of exploitative profit-making, which has existed since the first industrial revolution until the present day, and which is fuelled by the lack of scruples of certain employers, who take advantage of needy workers.

Inspection is at the heart of the system of protection. Without inspection, Conventions risk becoming a catalogue of illusions. The workers of Paraguay hope that this discussion will result in clear commitments to reverse the current situation of non-compliance.

Government representative – St. Thomas Aquinas is a saint of the Catholic church and a philosopher. Many of us undoubtedly know and follow St. Thomas, because seeing is believing is something of a custom for us. For this reason, I raised with the Officers at the beginning the possibility of innovating in relation to the ILO, because a large part of the observations made in relation to Paraguay have been resolved.

We, as a new Government – and this is the democratic rule, one Government leaves, and a new Government takes power, and makes its mark in its own way. This Government of President Santiago Peña is keeping its commitment to comply with international Conventions.

We are told that resolutions Nos 47 of 2016, 56 of 2017 and 29 of 2023 restrict the work of inspectors, but these Resolutions have been withdrawn. If anyone looks on the webpage of the MTESS, they will see that Resolution No. 346/2024 repeals those that have been criticized, namely Resolutions Nos 47, 56 and 29.

The criticism is made that inspectors earn less, but this Government has increased the salaries of inspectors by 30 per cent. I said this in my statement, but perhaps as this is my first time I was not sufficiently vehement in saying that, from the 5,500,000 guarani that inspectors earned, they now earn 7,150,000 guarani.

No reference was made to Chaco. We should look at the webpage of the MTESS, where there is a very interesting project in the Paraguayan Chaco with the financing of the Department of Labor of the United States, executed by the ILO, which was launched in September last year. We will therefore, and we are already addressing the situation of the Paraguayan Chaco, which is such a sensitive area.

We are criticized because there have been no inspections. I would like to invite you, I know that this is not usual, but today technology, spurred on by the pandemic, has enabled us to use the tool of the intelligent telephone on which, if you type MTESS, you will find that the Resolution, that was referred to by both Worker and Employer representatives, has been repealed. Inspectors can now enter workplaces freely, in accordance with the law.

If you go on the MTESS website, you will see a series of inspections that have been carried out by the MTESS. I will take some, at random. On Twitter, it can be seen that on 20 March there was an inspection in a building company. It can also be seen that inspections were carried out in the Capiatá area, where there was an ammonia leak, which has indeed been mentioned. It will also be seen that the MTESS closed this food company until compliance was achieved with the law, following joint work with the Ministry of the Environment and the regional municipal authorities. The suspension has now been lifted.

We were criticized for not carrying out inspections in the interior of the country. It is indicated on the Twitter account of the MTESS that an inspection was carried out in the city of Concepción, a beautiful city in the North of my country, where inspections were being carried out on 2 May.

We were criticized for not carrying out inspections in the interior of the country. It is indicated on the Twitter account of the MTESS that an inspection was carried out in the city of Concepción, a beautiful city in the North of my country, where inspections were being carried out on 2 May.

There is a silo in the department of Misiones, and there are many in my country, where inspections were undertaken on 29 May.

You will also see that in the Alto Paraná, where it was also said that there were no inspectors present, ten inspections have been carried out in recent months.

You can also access the Interinstitutional Transport Commission, which is a tripartite body.

You can also see that my trade union colleagues are present on the roundtable working with us, because this is how we work in Paraguay. I ask your indulgence, as perhaps the approach that I am taking is not very usual, but I believe that we are here to seek the truth.

We are taking note. We are told that inspectors are contract workers. We agree, but 50 per cent of them have been removed from their precarious status. We are increasing the budget, and I even gave you the file number. In view of the lack of trust, and that is normal, I have given you the file number, which is real, and the file indicates that there will be appointments, that there will be a competition, and Paraguay will increase the number of inspectors.

We are also criticized about salary levels. As I indicated, this has been increased by 30 per cent.

I assume responsibility for the Government, despite the fact that it was another Government that provided the original information. But I am here today before you and, I have to say, we have taken note and I believe that almost all the comments of the Committee of Experts are being given effect. And I insist that the ILO and the present Committee should envisage the possibly, because this is automatic information, and the Committee of Experts often does very good work, but I have heard of times when it has been three, four or six months behind. In today’s world, this is not up to date, and you don’t need to believe me, because we all have the necessary knowledge. And for this purpose, we have a small tool that allows us, when we use it, to add transparency. In relation to the salary level, in Paraguay we have the law on transparency, which requires us to publish the salaries of public officials. So if you don’t believe me, go and see what inspectors earn, and you will see that they earn 30 per cent more under the present Government.

A small detail, and my apologies for referring to the spokesperson of the European Union. Our legislation is very special, and the process of inspection starts with the General Directorate of Labour Inspection, but the fines that are applied are determined by the legal office in the case of contraventions. Officials are assigned, and this explains the difference that emerged between 15 and 19 inspectors. As you can see, I was careful in my statement. They are in the area of inspection, and I am therefore grateful for this opportunity to clarify this point.

So, as a country, we call for continued support, because ILO support is very important. We believe that the group of inspectors who are to be appointed will require training, and ILO cooperation will be necessary for this purpose.

We welcome the offers from many countries which have more experience, which have a body of inspectors, and we accept it very willingly, and perhaps we can make some bilateral agreements.

The Government is 100 per cent willing, but I would like to suggest to the Officers of the Committee that we make use of technological means to keep our information more up to date, more accurate, more rapid, because otherwise we sometimes engage in unnecessary argument. And so, as I am a follower of St. Thomas Aquinas, I sometimes need to see to be able to believe, and I once again invite my colleagues, Chair, with due respect, to change to a certain extent the traditional presentation, and I would like to present the webpage, and I would like it to be seen. Because there is another characteristic of Paraguay, which is that inspections are not only carried out by the Ministry of Labour, but also by the IPS for social security. We carry out joint and very numerous inspections with them. And once again, on the same webpage, you will find publications on joint action with the IPS and you will see what we have been doing.

We also have labour inspectors in the field of transport, which once again you will find on the webpage of the Ministry, dated September, August and November last year. And you will find a series of inspections which show, not because the Deputy Minister came here and said so, and not because the Government says so, but because technological tools allow us to show what is happening.

We appreciate your comments, but we believe that it would be a little unjust to continue beating us over the head for the deficiencies of the previous Government. The present Government is committed to doing things well, and we want you to keep on watching us and providing advice, because we believe that will benefit not only the country, but also the most vulnerable sectors.

We have a tripartite body, and I can contradict my friends from the trade unions, in which we have the freedom of association roundtable, in which we are working together. We also have the social security roundtable, in which, following ten years of efforts to adopt the Pension Superintendence Act, it was possible to achieve results, based on agreement between employers, trade unionists and the Government, following much discussion. This is the result of the new approach by the Government.

Chairperson – Thank you very much, Minister, for your in-depth explanation and the information you provided. Now I give the floor to the Worker and Employer spokespersons, to make their final remarks.

Worker members – The situation of labour inspection in Paraguay requires real firm commitment from the Government to adopt all the necessary measures to ensure compliance with the provisions of the Convention.

It is crucial for the Government to commit to the establishment of this framework of policies and laws so as to be able to guarantee labour inspectors stability of employment so that they are all engaged on a permanent basis as public officials in accordance with Article 6 of the Convention.

The Government must adopt, and also make use of, an adequate budget to make a significant increase in the number, or in other words, the quantity of active labour inspectors with a physical presence in all the departments of the country to ensure the effective discharge of the work of the inspection services.

There can be no doubt that the Government must provide labour inspectors with duly equipped offices, safety and health equipment and appropriate vocational training, and the necessary means of transport to carry out their functions.

On this point, we would like to emphasize two considerations. The first is that failure to comply with Convention No. 81 has an impact on forced labour in general, on Convention No. 29 and the Protocols, and on child labour, with a view to its eradication, as well as on the labour situation, or exploitation of indigenous groups. The presence of the State through labour inspection throughout the national territory is therefore of great importance.

And the second consideration relates to the national territory. I recall that when I indicated that there are 12 departments, which I did not name, where there are no inspectors assigned, I believe that this Committee should be aware, to have an idea of the scope, that the 12 departments make up 90 per cent of the national territory of Paraguay. So, 90 per cent of Paraguay does not have inspectors and, to have an idea of the size of Paraguay, these 12 departments are nine times bigger than a country such as Switzerland. There are therefore no inspectors in 90 per cent of Paraguay, while there are inspectors in the cities that I mentioned in the remaining 10 per cent of the country. Our conclusion is therefore that, in terms of resources to facilitate transport and all other action, we are speaking of significant journeys in a large country.

We therefore urge the Government to bring the national legislation into full conformity with the Convention and the recommendations of the Committee of Experts, and to adopt, without delay, the necessary measures to ensure that labour inspectors with proper credentials are able to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, without having to obtain previous authorization from a higher authority. Second, workplaces need to be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Third, all restrictions need to be lifted on the power of inspectors to enter freely and without previous notice any workplace liable to inspection, which have to be inspected, I repeat, as often and as thoroughly as is necessary. In particular, it is of great importance to repeal all the measures that prevent the General Directorate of Labour Inspection from discharging its duties in an independent manner, including those that subject its action to previous authorization by the MTESS.

We remind the Government that the ILO has recently adopted the Guidelines on general principles of labour inspection, which offer detailed technical guidance on the fundamental principles set out in the Convention.

The Worker members invite the Government to accept technical assistance from the Office with a view to carrying forward the legislative reforms and their effective and immediate implementation. And, in light of what the Government representative has said, I think that we are really on the way to this being accepted.

Employer members – We are grateful for the further information and clarifications provided by the Government of Paraguay, as well as for the contributions of all those who took part in the discussion.

As Employer members, as well as focusing specifically on Convention No. 81, which is the basis of this case, rather than the effect that it may or may not have on other Conventions, it falls to us to point out that to achieve decent work and the formalization of employment it is undoubtedly essential to have the policies and institutions for an adequate labour inspection system, both in terms of a sufficient number of inspectors and the provision of operational and logistical resources to them. All of this should be geared towards effective compliance with labour regulations, which also requires an additional mechanism for reducing informality in the economy, which has such a significant effect on the progressive development of all countries.

The effective realization of the objectives described depends both on the availability of budgetary resources allocated by the Government and on the political will and interaction of all the partners involved. We cannot overlook, however, the vital need to review the legislation in force in the country to ensure that its regulations allow for full compliance with the provisions of the Convention.

In conclusion, having taken note of the explanations provided by the Government today, and emphasizing the need for such information to be disseminated to provide a detailed picture of the country’s progress, or not, in relation to the Convention, we recommend the Government to intensify its efforts to improve the labour inspection system, ensuring that it has sufficient inspectors to undertake effective monitoring of labour regulations and that those inspectors have the necessary operational, administrative and logistical resources to fulfil their roles, all within the scope of the Convention. The Government should also promote the effective functioning of the inspectorate system without creating bureaucratic limitations that prevent the system from operating efficiently in monitoring compliance with, and observance of, the concept of decent work and the reduction of informality in employment.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee noted with concern various issues relating to the effective functioning of the labour inspection system in the country, including a lack of human and material resources, the instability of employment of labour inspectors, and the absence of means to function effectively and independently through the unrestricted access of labour inspectors to workplaces without prior authorization.

Taking into account the discussion, the Committee requested the Government, in consultation with the social partners, to take effective and time-bound measures to:

intensify efforts to ensure that: (i) the number of serving labour inspectors is sufficient to enable the efficient and effective functioning of the inspection services, including in areas which are underserved at present; and (ii) labour inspectors are provided with material, operational, financial, administrative and logistical resources necessary for the performance of their duties;

ensure that all labour inspectors are appointed as public officials on a permanent basis in order to secure their stability of employment and continue to ensure that their salaries and benefits are at least commensurate with the remuneration arrangements in place for other public officials;

promote the effective functioning of the inspection system by removing the legal and practical constraints that hinder the effective work of labour inspectors, in order to, among other things, ensure that labour inspectors are empowered to make visits without previous notice and without requiring prior authorization from a higher authority, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in line with the Convention; and

provide all outstanding information requested by the Committee of Experts.

The Committee requested the Government to submit a detailed report, including the above-mentioned information as well as the measures taken and progress achieved on the implementation of the Convention by 1 September 2024.

The Committee further requested the Government to avail itself of ILO technical assistance to implement the Committee’s recommendations and to ensure full compliance with its obligations under the Convention in law and in practice.

Government representative – Allow me to express our thanks for the conclusions issued by the Committee relating to the individual case of Paraguay on the Convention, ratified by our country in 1967.

We recognize the exhaustive work and the dedication of this Committee in examining our situation and providing guidance for improvement.

We pay special attention to the Committee’s conclusions that we have received. We reaffirm our commitment as the Government to pursue the actions already undertaken by the current administration, with a view to the implementation of the Convention.

Taking into consideration the conclusions issued today by the Committee, along with the observations of the Committee of Experts, we are firmly committed to strengthening the inspection staff under the MTESS, improving inspection procedures in line with the standards set out in the Convention, and ensuring that labour inspection is increased effectively at the national level. We are aware of the importance of this work for the protection of labour rights and the promotion of fair and decent working conditions for all.

As the Government, we assume the responsibility and challenge of implementing the ILO recommendations and of continuing to make progress to fulfil our international obligations regarding labour matters.

We consider it supremely important to have the ongoing technical cooperation of the ILO, as well as to share experiences with the Member States of this august house to enable us to improve on the issues raised in the conclusions and recommendations received today. These experiences and support are essential in order to build our capacities and ensure the effective implementation of the proposed measures. To this end, we are committed to promoting decent work and workers’ rights in Paraguay.

I note lastly that the Government of Paraguay has once again taken on the role of a deputy member of the ILO Governing Body, and we thereby reaffirm our commitment.

We sincerely thank everyone here for your support and collaboration in this important work.