CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Paraguay (RATIFICATION: 1967)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Grounds of discrimination. National extraction.The Committee notes with interest the information in the Government’s report on the adoption of the Protocol for action in cases of workplace violence with a gender perspective for the public sector, by Decision No. 387/2018, which includes national extraction as a prohibited ground for discrimination (Part I.3, Definitions and types of protected situations). While welcoming the measures adopted, the Committee requests the Government to report on the measures envisaged or planned in order to ensure that the legislation includes a provision that also prohibits discrimination on grounds of national extraction for workers in the private sector.

Discrimination on grounds of sex. Sexual harassment. Public sector. The Committee notes with interest the Government’s indication that the objective of the Protocol for action in cases of workplace violence with a gender perspective for the public sector, adopted by the aforementioned Decision No. 387/201, is to guide public institutions towards the establishment of working environments free from violence and discrimination. The Committee notes that the Protocol defines and protects against quid pro quo and hostile work environment sexual harassment.

Private sector. The Committee notes the Government’s indication that section 84 of the Labour Code provides for the possible termination by the employee of the employment relationship in the event of violence or sexual harassment by the employer or his representatives, family members or dependants. The Committee further notes with interest the Government’s reference to Ministry of Labour, Employment and Social Security (MTESS) Decision No. 388/2019 creating the Office for the Oversight and Prevention of Workplace Violence and establishing the Procedure for action in cases of workplace violence, mobbing and sexual harassment at work, within enterprises. The Committee further notes that in accordance with the aforementioned Decision, the functions of the Office for the Oversight and Prevention of Workplace Violence are to raise awareness, provide training and disseminate information on the issue of violence in the workplace; conduct research aimed at better understanding workplace violence; and propose effective responses to different scenarios of workplace violence in the private sector. The Decision also provides that any employer with more than 10 employees must have internal workplace rules, approved by the Labour Administration Authority, which shall set out, inter alia, a clear internal procedure for dealing with allegations of workplace violence. The Committee observes that the definition of workplace violence for the purposes of the Decision includes hostile environment sexual harassment but does not mention quid pro quo sexual harassment. The Committee further observes that section 6 of Law No. 5777/2016 on the comprehensive protection of women against all forms of violence identifies the different types of violence that should be addressed by public policies but does not specifically mention sexual harassment. The Committee requests the Government to clarify whether Law No. 5777/2016 protects against sexual harassment at work and to indicate whether Decision No. 388/2019 protects against quid pro quo sexual harassment. Furthermore, the Committee requests the Government to provide information on the application in practice of:

(i)Law No. 5777/2016 on the comprehensive protection of women;
(ii)the Protocol for action in cases of workplace violence for the public sector; and
(iii)the Procedure for action in cases of workplace violence, mobbing and sexual harassment at work, within enterprises; and to provide information in particular on the action taken in respect of allegations of sexual harassment at work, including any penalties imposed and compensation awarded.

Discrimination on the basis of political opinion. In connection with the observations of the Authentic Central Confederation of Workers (CUT-A) concerning the dismissal and transfer of public officials on grounds of discrimination based on political opinion, the Government reports that the binational undertaking Yacyretá has rectified the decisions taken in the reported cases and, to date, no actions linked to dismissals based on discrimination on political grounds have been recorded. The Government requests the Government to continue to provide information on any cases of work-related discrimination, including discrimination on the basis of political opinion.

Article 1(1)(b). Additional grounds of discrimination. HIV and AIDS. The Committee notes the National Strategic Plan on HIV 2019–2023, approved in accordance with article 4 of Decision S.G. No. 675/2014 regulating Law No. 3940/09 establishing rights, obligations and preventive measures with respect to the effects produced by the human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS). The Committee requests the Government to provide information on the application in practice of Law No. 3940/09 and of the Strategic Plan referred to with regard to the Convention.

Articles 2 and 3. National policy. In connection with the observation of the CUT-A concerning the absence of framework legislation against discrimination, the Committee recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (see 2012 General Survey on the fundamental Conventions, paragraph 848).

Promotion of equality between women and men. The Committee notes the Government’s indication concerning the establishment of the National Human Rights Plan Dashboard, a government-managed information system that makes it possible to display and track updated information on coordinated actions at the territorial level and aims to promote linkages between the National Human Rights Plan and Agenda 2030, through the National Development Plan 2030. The Committee further notes the adoption (i) of Decree No. 3678/20 regulating Law No. 5446/2015 on public policies for rural women, and (ii) of the Fourth National Plan for Equality between Men and Women (2018–2024). The Committee notes that the Safe Enterprises Programme is being implemented in private sector enterprises in order to mainstream gender, while the Seal of Equality is being implemented in the public sector. The Committee notes that both approaches involve diagnostic and design phases and action plans. The Committee requests the Government to continue providing information on specific measures adopted with a view to promoting this principle of the Convention, in particular in the context of the National Human Rights Plan, the Fourth National Plan for Equality between Men and Women and the National Development Plan 2030.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes with interest the enactment of Law No. 6940/2022 establishing mechanisms and procedures to prevent and punish acts of racism and discrimination against persons of African descent. The Committee observes that this law entrusts the National Secretariat for Culture with responsibility for developing a National Plan for the Promotion, Development and Protection of Human Rights in the public sphere, aimed at members of the Paraguayan population of African descent and persons of African descent. The Committee further notes that the law establishes penalties for discriminatory and racist actions against persons of African descent. The Committee requests the Government to provide information on the application in practice of this law and any other measure to promote equality of opportunity and treatment irrespective of race and colour.

Article 5. Special measures. Persons with disabilities. The Committee notes the activities undertaken by the Government in order to promote this principle of the Convention and, in particular, of the implementation of the self-assessment questionnaire on labour inclusion for private sector enterprises which, on the basis of the data collected, makes it possible to plan and implement actions that facilitate compliance with Law No. 4962/13 and the corresponding Regulatory Decree No. 3379/2020. The Committee further notes that the aforementioned decree establishes the position of labour facilitator for persons with intellectual or psychosocial disabilities. The Committee requests the Government to continue providing information on the measures adopted to promote the access to and retention in employment of persons with disabilities.

Enforcement. The Committee requests the Government to provide information on cases of discrimination in employment and occupation identified by the labour inspectorate, the courts or any other competent authority, in particular with regard to the groups of workers mentioned by CUT-A in its observations (women, indigenous peoples, persons with disabilities, people living with HIV and AIDS and members of the LGBTIQ+ community), including information on any penalties imposed and compensation awarded.