Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 138) sur l'âge minimum, 1973 - Paraguay (Ratification: 2004)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the measures taken within the framework of the Programme for the Progressive Reduction of Child Labour on the Streets (ABRAZO) which directly benefited 1,340 working boys and girls and 665 families in 2006.

The Committee notes the Government’s information that Paraguay has gone through a transition which, after 61 years of a state-run administration, led to the transformation of the national policy framework. The new system of administration, which involves stakeholders different from the traditional political parties, aims at gradually and sustainably introducing a Social Protection and Promotion Network through programmes which include ABRAZO, the National Plan “Paraguay Solidario” “Saso Pyahu”, and the Programme for Conditional Cash Transfer (“Tekopora”). The Committee notes the Government’s indication that in 2009 the National Committee for Childhood and Adolescence (SNNA) has started consulting the key actors for drafting the new National Plan of Action for Child and Adolescence (PNA) (2009–13). The SNNA has also started the implementation of its first five-year Strategic Plan (2009–13) which aims, amongst others, at encouraging the implementation of public policies for addressing the situation of vulnerable children and adolescents, as well as at strengthening the national system of promotion and protection of the rights of boys, girls and adolescents. The Committee notes the Government’s information that the implementation of the SNNA’s Strategic Plan through its specific programmes (which include, inter alia, ABRAZO and the Programme of care for children and adolescents living on the streets without family links (PAINAC)) will contribute in the mid-long term to the elimination of child labour. It also notes the information contained in the Government’s report that in 2009 the National Committee for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (CONAETI) has started drafting the National Strategy for Prevention and Elimination of Child Labour and Improvement of the Work of Young Persons in Paraguay, which is the extension of the National Plan for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (2003–08). The Committee further notes the Government’s information that the ABRAZO programme, which from November 2008 is run by the SNNA, directly benefited 1,780 working boys and girls and 853 families in 2009. Moreover, 540 families received monthly allowances to avoid that their children work or beg in the streets. In this regard, it notes the information provided by the Government that the Plan for the Social Inclusion of Childhood, run by the SNNA, also targets children working on the streets and, inter alia, is aimed at strengthening the ABRAZO programme. It notes that, among the various activities carried out in the framework of this Plan to protect and prevent the risk of children being on the streets, of the 1,780 children reached by the ABRAZO programme, 1,520 were removed from the streets in July 2009.

The Committee notes that, in the framework of the collaboration with
ILO–IPEC, Paraguay has launched the project on the Eradication of Child Labour in Latin America (2006–10). It also notes with interest the Government’s information that, in February 2009, as a result of a tripartite agreement including the Ministry of Justice and Labour, the social partners and the ILO, the National Plan for Decent Work has been adopted. Its objectives include a better implementation of the labour standards, including through programmes for the elimination of child labour and through the active participation of the CONAETI. The Committee welcomes the steps taken by the Government to combat child labour and requests it to continue to provide information on the implementation of the projects referred to above, especially the ILO–IPEC project on the Eradication of Child Labour in Latin America (2006–10), and results obtained in terms of the progressive abolition of child labour.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s indication that, under the General Education Act of 1998, the age of completion of compulsory schooling is 14 years. It also noted that the Government adopted a National Education Plan (2003–15). Moreover, as a component of its strategy for the elimination of child labour, the Government adopted a national strategy to combat poverty which provides for educational grants to families with children who work so that these children can stop working.

The Committee notes the Government’s information that the Ministry of Education and Culture is running various programmes for combating drop-outs and encouraging the integration of children into the schooling system. It also notes the Government’s information that, regarding basic education, in 2007 at the national level, 4.1 per cent of children between 6 and 11 years (cycles I and II) drop out from school. In the same year, drop-outs among children from 12 to 14 years (cycle III) came to 5.4 per cent. According to statistics provided by the Government, drop-outs are much higher in secondary education (15 to 17 years), where the gross percentage of attendance is only 54 per cent. For both basic and secondary education, drop-outs are higher in public schools, rural areas and amongst boys. The Committee notes the Government’s information that data for 2008 are being systematized at the departmental level. Given that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system, in particular by reducing the school drop-out rate and increasing school attendance levels, especially in rural areas and amongst boys. In this regard, it requests the Government to provide information on the programmes adopted by the Ministry of Education and Culture to combat drop-outs and encourage the integration of children into the schooling system, as well as on any other programmes adopted to this end, including in the framework of the implementation of the National Education Action Plan. It finally requests the Government to continue to provide statistics on school attendance levels and school drop-out rates.

Article 3(3). Hazardous work from the age of 16 years. Domestic work. In its previous comments, the Committee noted that, pursuant to section 2, paragraph 22, of Decree No. 4951 of 22 March 2005, which regulates Act No. 1657/2001 and approves the list of types of hazardous work, domestic work and the “criadazgo” system constitute hazardous work, which, by virtue of section 3 of the Decree, is prohibited for minors under 18 years of age. It further noted that, by virtue of section 4 of the Decree, the competent authorities may authorize domestic work from the age of 16 years, providing that the education, health, safety and morals of the young persons concerned are fully protected and that they have received specific instruction or vocational training in the relevant branch of activity, as required by Article 3(3) of the Convention. It further noted that sections 63–68 of the Childhood and Adolescence Code, which regulate the activity of adolescent domestic workers, read in conjunction with section 1 of Act No. 1702 – which defines an adolescent as any human being from 14 to 17 years – appear to indicate that an adolescent from the age of 14 years may be employed as a domestic worker. Noting the divergence between the provisions of Decree No. 4951 and those of the Childhood and Adolescence Code, the Committee requested the Government to state the age from which a child may be employed as a domestic worker.

The Committee notes the Government’s information that CONAETI is reviewing Decree No. 4951/05 in view of the discrepancy between its sections 2(22) and 3, which prohibit children under 18 years from performing domestic work, and its section 4, which authorizes domestic work from the age of 16 years when the guarantees required under Article 3(3) of the Convention, are met. The Committee observes that section 4 of Decree No. 4951 is in conformity with Article 3(3) of the Convention, which as a limited exception to Article 3(1) of the Convention, authorizes the performance of types of hazardous work for young persons between 16 and 18 years of age under strict conditions respecting protection and prior training. However, there appears to be a discrepancy between section 4 of Decree No. 4951 – which authorizes children from 16 years to perform domestic work – and the provisions of sections 63–68 of the Childhood and Adolescence Code, read in conjunction with section 1 of Act No. 1702, which seem to authorize domestic work from the age of 14 years. The Committee accordingly urges the Government to take the necessary measures to harmonize sections 63–68 of the Childhood and Adolescence Code with section 4 of Decree No. 4951 of 2005.

Article 6. Apprenticeship and vocational training. In its previous comments, the Committee asked the Government to indicate the age from which a person may begin an apprenticeship. The Committee notes the Government’s information that young persons between 15 and 18 years can apply for an apprenticeship programme. Vocational training courses are open to young persons from 18 years, except for IT-related and commercial courses, which start from the age of 15 years.

Article 7. Light work. In its previous comments, the Committee noted that the national laws and regulations do not appear to regulate light work carried out by children. Taking into account the statistics found in the ILO–IPEC report published in 2006 and entitled “Children and Young Persons at Work in Paraguay – Developments between 2001 and 2004”, according to which a considerable number of children perform light work in the country, it encouraged the Government to adopt provisions to regulate and determine light work activities performed by children between 12 and 14 years of age. The Committee notes the Government’s information that the CONAETI considered necessary the determination of light work. The relative debate by the SNNA is planned for 2010. The Committee requests the Government to provide information on any developments towards the regulation and determination of light work, in conformity with Article 7 of the Convention.

Article 8. Artistic performances. The Committee previously noted the Government’s statement that parents grant their children special permission to be involved in artistic performances. It noted that parental authorization is not sufficient to apply Article 8 of the Convention and therefore asked the Government to take the necessary steps to regulate this type of activity in accordance with Article 8 of the Convention, and to provide information in this regard. The Committee notes the Government’s information that in Paraguay there are various artistic, religious and touristic events. It also notes the Government’s statement that the national legislation does not expressly foresee procedures related to the activity preformed by children and adolescents taking part in artistic performances. In this regard, SNNA considered the necessity to adopt rules which not only regulate the activity of children and adolescents in artistic performances but also in sport events, especially in view of the young age in which football transfers are carried out. The Committee hopes that the Government will adopt regulations which, in conformity with Article 8 of the Convention, provide for the possibility, after consultation with the organizations of employers and workers concerned, to allow exceptions to the minimum age for admission to employment or work and grant children individual work permits for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to provide information on any developments in this regard.

Article 9(1). Penalties. The Committee previously noted that section 5 of Decree No. 4951 of 22 March 2005 provides that the competent authorities shall identify and punish the persons responsible for failing to apply the provisions prohibiting the employment of children in hazardous work. It noted, however, that none of the provisions in this Decree set forth the penalties applicable in the event of the violation of this prohibition. The Committee further noted that the Childhood and Adolescence Code, which contains provisions on young workers, does not provide for any penalty in the event of failure to apply the provisions concerning the work of young persons. It asked the Government to indicate the provisions of national laws and regulations which provide for the penalties applicable to persons found guilty of violating the provisions of Decree No. 4951 of 22 March 2005 and the Childhood and Adolescence Code, which regulate the activity of young workers.

The Committee notes that the Government has supplied various judgements, one of which relates to a case of abuse and “criadazgo”. However, it notes that the judgement does not address the issue of punishing the persons guilty of holding a child under 18 years in “criadazgo”, which is a type of hazardous work according to section 2(22) of Decree No. 4951/05. It notes that, according to the draft guide on inter-institutional intervention in cases of child labour, penalties which can be imposed in cases of violation of the legislation regulating child labour are provided for by sections 384–398 of the Labour Code, as well as by Act No. 1416/99 and by Decree No. 10.047/95. It notes that section 389 of the Labour Code, as amended by Acts No. 496/95 and No. 1416/99, provides that employers who oblige young persons under 18 years of age to carry out work in unsafe or hazardous workplaces or night work in the industrial sector, shall be punished by penalties of 50 minimum daily wages for each worker affected. The same section also punishes by the same penalty the employer who employs children under 12 years of age. Section 385 provides that the lack of compliance with the Labour Code for which no penalty has been established, shall be punished by penalties of between 10 and 30 minimum daily wages for each worker affected. The Committee notes that it is not clear which penalties provided by the Labour Code would apply to the violation of the provisions of Decree No. 4951 of 2005 and the Childhood and Adolescence Code, which regulate the activities of young workers. It also observes that the scope of the provisions of Decree No. 4951 of 2005 and the Childhood and Adolescence Code implementing the Convention is wider than the Labour Code and that the penalties provided by the Labour Code for the violation of the provisions of Decree No. 4951 of 22 March 2005 and the Childhood and Adolescence Code do not appear to be sufficiently effective and dissuasive. The Committee reminds the Government that, under Article 9(1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective application of the Convention. The Committee requests the Government to specify which provisions of the Labour Code apply to the violation of the provisions of Decree No. 4951 of 22 March 2005 and of the Childhood and Adolescence Code on the activity of young workers. It also strongly encourages the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are imposed for the violation of the provisions relating to child labour and to supply information on the application in practice of these penalties, including the number and nature of penalties imposed.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee previously noted that, according to the 2006 Household Survey, 15.2 per cent of minors from 10 to 14 years work, mainly in the agricultural and informal sectors, although a high number also work as domestic servants and on the streets.

The Committee notes the Government’s information that CONAETI elaborated one inter-institutional and one intra-institutional draft practical guides for intervention in cases of child labour (including hazardous work). These guides are not only meant to inform the children and adolescents concerned about the mechanisms to report contraventions and the relevant procedures, but also to facilitate the competent authorities in dealing with cases of child labour. It further notes the Government’s information that in June 2009 the Advisory Centres for the Rights of Childhood and Adolescence (CODENIS) were provided with computers in order to collect and record cases of violation of the rights of children and adolescents, including child labour. The Committee, however, also notes that the Committee on the Rights of the Child, in its concluding observations of 29 January 2010, expressed concern that there were no reliable statistics on the number of children who carry out economic activities, sometimes at a very low age, and the lack of a specialized unit to monitor and inspect the working conditions of children (CRC/C/PRY/CO/3, paragraph 64). The Committee requests the Government to provide information on any developments regarding the adoption of the practical guides for intervention in cases of child labour and, once adopted, on their impact on the number of inspections carried out and number and nature of penalties imposed. It also requests the Government to take the necessary measures to ensure that sufficient data on the number of children and young persons under 18 years who are engaged in economic activity is available. In this regard, the Committee requests the Government to supply updated statistics from the CODENIS database and other official sources including not only statistical data on the employment of children and young persons, but also extracts from the reports of the inspection services and information on the number and nature of contraventions reported.