Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Paraguay (Ratificación : 1967)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework. With regard to awareness-raising and anti-trafficking activities, the Government indicates in its report that by Decree No. 4473 of 2020, it approved the National Plan to prevent and combat trafficking in persons 2020–24. The Committee welcomes the adoption of this initial Plan, the strategic axes of which are: (i) institutional strengthening and inter-institutional coordination, (ii) prevention, (iii) comprehensive support and protection for victims and (iv) investigation and punishment. The Committee also notes the adoption of the Migration Act (Act No. 6984 of 2022), which establishes that one of the functions of the National Department of Migration is to cooperate with the Inter-Institutional Forum for preventing and combating trafficking in persons (Inter-Institutional Forum) and other institutions involved in the fight against this crime. Furthermore, the Government indicates that the Ministry for Women also coordinates with the institutions forming the Inter-Institutional Forum on an ongoing basis and is part of the Subcommittee for the dissemination and prevention of trafficking, with which it coordinates prevention activities. In this regard, the Committee notes the report on the activities carried out by the Inter-Institutional Forum between 2019 and 2022, which contains information on workshops, training days and regional meetings for government officials and the general public. According to the report, a “Guide for addressing information on trafficking”, which aims to raise awareness of the definitions and concepts of trafficking in persons, has been published. The Committee also notes that the Inter-Institutional Forum has worked on the adoption process of the National Programme to prevent and combat trafficking and support victims, which is pending effective implementation.

The Committeeencourages the Government to continue adopting the necessary measures to combat trafficking in persons under the strategic axes of the National Plan to prevent and combat trafficking in persons 2020–24, and requests the Government to provide information in this regard, as well as on the evaluation of these measures, the difficulties encountered and the measures envisaged to overcome them.Moreover, the Committee hopes that the National Programme to prevent and combat trafficking and support victims will be adopted and requests the Government to provide information on the activities carried out in this area.

2. Protection of victims. With regard to the measures taken to coordinate assistance for victims, the Government indicates that comprehensive support for women affected by trafficking is provided through the support services of the referral centre and the temporary shelters for victims of trafficking and that women are provided with information through the “SOS Woman” 137 hotline, as well as psychological support, legal advice, life risk assessment, and intake and referral of cases. From 2020 to February 2023, a total of 363 women were assisted and received 1,266 support services from both the referral centre and the temporary shelters.

The Committee notes that the Ministry for Women has promoted social reintegration processes for women victims of trafficking in persons, financed by an institutional budget or in cooperation with other organizations, such as productive projects (microenterprises). The Ministry for Women works together with the Secretariat of Development for Repatriates and Refugees with the aim of assisting repatriated women through an economic assistance subsidy, which consists of four payments, which can be extended for an additional two months. Moreover, the General Department of Employment of the MTESS has designed an employment service that seeks to identify victims of trafficking in order to provide them with training and job opportunities. The Committee also notes that, according to an official communiqué from the Specialized Unit to combat trafficking in persons of the Office of the Public Prosecutor, the number of victims who received assistance was 234 in 2019, 361 in 2020, 245 in 2021, 214 in 2022 and 185 in 2023, 949 of whom were women.

The Committee duly notes this information and requests the Government to indicate the specific measures taken to assist men victims of trafficking for sexual exploitation and labour exploitation. The Committee also reiterates its request for a copy of the Guide on services for victims of trafficking intended for actors in the justice system. Lastly, the Committee requests the Government to continue providing support and protection for victims of trafficking in persons and to provide information in this regard, specifying the type of assistance provided by each institution and the number of victims assisted.

3. Prosecution and application of criminal penalties. With regard to the cases of trafficking in persons brought to justice, the Government reports that, in relation to trafficking and related offences: in 2019, 252 cases were filed and 20 people were convicted; in 2020, 224 cases were filed, 219 were ongoing and 44 were concluded; in 2021, 169 cases were filed and 38 were concluded; and in 2022, 368 cases were filed and 9 people were convicted. Furthermore, the Committee notes that in its concluding observations, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families expressed its concern about the small number of convictions for trafficking in persons, particularly for purposes of sexual exploitation (CMW/C/PRY/CO/2).

The Committee encourages the Government to continue taking measures to strengthen the capacities of the competent authorities to adequately identify and investigate situations of trafficking in persons for sexual exploitation and labour exploitation. The Committee requests the Government to provide information on the actions taken by the Specialized Unit to combat trafficking in persons and the sexual exploitation of boys, girls and young people (UFETESI) in this regard, as well as on any difficulties encountered. The Committee requests the Government to continue providing information on the number of cases brought to court and the criminal penalties imposed.

Article 2(2)(c). Prison labour. With regard to the involvement of mixed or private enterprises in the organization of the work of detainees, the Government states that prisons depend on the Ministry of Justice, not on private enterprises, and that prison labour is voluntary.

The Committee recalls that, according to the Code of the Execution of Criminal Sentences, persons sentenced to imprisonment must carry out the work assigned to them; and that, although they are not forced to work, 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). Furthermore, 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 (section 149).

The Committee notes that according to information available on the website of the Ministry of Justice, under rehabilitation and social reintegration policies, partnerships have been established with private enterprises to install production units in prisons, allowing persons deprived of their liberty to work for these private entities. The Committee therefore requests the Government to specify how, in practice, the free and informed consent of persons deprived of their liberty to work for private enterprises is formally obtained under partnerships between the prison administration and these private enterprises.