Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination based on national extraction. The Committee notes that in its report, the Government does not clarify whether the criterion of national extraction as a prohibited ground of discrimination is covered by section 9 of the Labour Code interpreted in conjunction with section 6 of that Code. The Committee asks the Government to provide information regarding whether national extraction is considered to be a prohibited ground for discrimination and to provide information on any complaints of discrimination based on that criterion.

Discrimination on the basis of race, colour, national extraction or social origin. The Committee notes the conclusions of the report on the mission to Paraguay of the United Nations Permanent Forum on Indigenous Issues, 2009, which confirm that the Guaraní and other indigenous peoples in the Chaco region are victims of servitude and forced labour on the Mennonite colonies and estates in the region and refers the Government to its comments concerning the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Discrimination on the basis of sex. The Committee notes the Government’s indication that inequalities and discrimination persist in the labour market and affect in particular poor women including indigenous women. It notes that, according to the Household Survey, 2008, open unemployment among women stands at 2.8 percentage points higher than that of men and that women are mainly concentrated in self-employment and domestic work, both of which are, according to the Government, precarious and disadvantageous. Furthermore, the Committee notes that, according to the statistics provided, illiteracy among women continues to be more pronounced than among men and their levels of education are also lower, particularly those of indigenous women.

The Committee notes that the Women’s Secretariat of the Office of the President of the Republic defines and coordinates gender policies with the public and private sectors. It also notes that the third National Plan for Equality of Opportunity between Women and Men, 2008–17, was drawn up in the context of the incorporation of the gender approach and the promotion of women into national policies, programmes and projects. The Committee notes that one of the objectives of the National Plan is to formulate, promote and support changes and/or adaptations to regulations to eliminate gender discrimination in employment and social security. The Committee requests the Government to provide information on the measures taken under the National Plan for Equality of Opportunity between Women and Men, 2008–17, and their impact on the promotion of equality of opportunity between men and women in education, vocational training, employment and occupation. Furthermore, the Committee would like to receive information on any progress made in regulating the employment situation of the most vulnerable women workers, including women rural, indigenous and homeworkers and, in general, women working in the informal economy.

The Committee notes that the above National Plan recognizes that the gaps between men and women not only persist but in some cases are constantly becoming wider and that unemployment and underemployment are rising more rapidly among women than among men. The Committee notes that the information provided by the General Directorate of Statistics, Surveys and Censuses shows that women are on average paid 30 per cent less than men per hour worked, by occupational category and by branch of activity and refers the Government to its direct request concerning the Equal Remuneration Convention, 1951 (No. 100).

Sexual harassment. The Committee notes that section 133 of the Penal Code defines and punishes sexual harassment and section 84 of the Labour Code includes sexual harassment as a justified reason for terminating an employment relationship. The Committee notes that the Penal Code includes only quid pro quo sexual harassment and that the creation of a hostile working environment is not included within the definition of sexual harassment. The Committee requests the Government to consider adopting specific legislation regulating sexual harassment at work which includes in the definition both quid pro quo and hostile working environment and which provides for a scope of liability which includes employers, supervisors and co-workers and, where possible, clients or other persons met in connection with the performance of work duties. It would also like to receive information on the educational and awareness-raising measures being implemented to prevent sexual harassment in the working environment given that sexual harassment undermines equality at work by affecting the integrity, dignity and well-being of workers.

Discrimination on the basis of HIV/AIDS. The Committee notes the draft law which is designed to ensure respect for persons living with HIV/AIDS and prevent discrimination against those persons. The Committee would like to continue receiving information on the progress made in promulgating this law and on the progress made in the development of the National Policy on HIV/AIDS in the Workplace on the basis of social dialogue.

Article 3(a) of the Convention. The Committee notes the establishment of special subcommittees within the National Tripartite Commission to Examine and Promote the Labour Participation of Women (CTIO). The Committee asks the Government to provide information on any other activities carried out by the CTIO to contribute to reducing discrimination against women in labour matters.

Inspection, monitoring and complaints. According to the information provided by the Government, inequalities and discrimination persist in the labour market of Paraguay and particularly affect poor women, including monolingual Guaraní. The Committee requests the Government to provide information on the development of mechanisms for the lodging of complaints relating to the failure to comply with legislation which guarantees the right of women to equal access to economic resources, social security, property, land and credit, which is one of the objectives of the National Plan for Equality. Please also provide statistical information on the complaints lodged relating to discrimination and the failure to comply with the legislation protecting women workers, including those relating to sexual harassment at work.