Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted that, according to a 2005 study on the trafficking of persons in Paraguay by the NGO Grupo Luna Nueva referred to by the International Trade Union Confederation (ITUC) in its comments, the trafficking of persons, including boys and girls, at both the international and domestic levels, was on the increase in the country. The number of cases of trafficking reported increased from eight in 2002, involving 12 girls under 18 years of age, to 118 in 2005, involving 145 girls under 18 years of age. According to the same study, Paraguay is a country of origin and of destination. Of the 145 girls involved in the cases of trafficking of persons reported in 2005, around 62 per cent were taken to Argentina, approximately 28 per cent were displaced within the country and 10 per cent were removed to other countries, including Brazil. The Committee observed that, although section 129 of the Penal Code prohibits the international trafficking of persons for prostitution, it does not prohibit the international trafficking of persons for economic exploitation or domestic trafficking. Noting the convergent information demonstrating the existence of the international and domestic trafficking of young persons under 18 years of age for both economic and sexual exploitation, the Committee observed that the national legislation applicable to this worst form of child labour displayed shortcomings.

The Committee notes the Government’s information that the Inter‑institutional Roundtable for Trafficking for the Prevention and Combatting of Trafficking in Persons (Roundtable for Trafficking), which is coordinated by the Ministry of External Affairs, was created in 2005 with the objective of elaborating policies, programmes and projects to prevent, punish and combat trafficking in persons. It notes with satisfaction that, as indicated by the Report for 2004–08 of the Roundtable for Trafficking supplied by the Government (Roundtable for Trafficking Report) new sections 129b and 129c of the Penal Code, as inserted by Act No. 3440/08, punish trafficking for the purposes of prostitution, slavery and forced labour through means of force, threats, deception, or trickery, prescribing penalties of up to 12 years’ imprisonment. The same penalty applies to anyone who acts for commercial purposes or as a part of an organized group. Moreover, the consent of the victim does not constitute anymore a mitigating circumstance. The Committee notes the Government’s indication that the Legislative Committee of the Roundtable for Trafficking at present is reviewing a bill on combating trafficking of persons, which would cover all aspects of trafficking, including prevention, investigation, sanctions, assistance and social rehabilitation of victims. The Committee requests the Government to provide information on any developments in adopting the Bill on combating trafficking in persons and to supply a copy of it once adopted.

Clause (b). Use, procuring or offering of children for prostitution. The Committee previously noted the ITUC’s comments that the majority of child victims of prostitution were girls; however, also transsexual boys began to work in prostitution from the age of 13 years and were often the victims of trafficking to Italy. It further noted that, according to a study carried out by ILO–IPEC in June 2002 on the commercial sexual exploitation of girls and boys and to the Report of the Special Rapporteur on the sale of children, child prostitution and child pornography of 9 December 2004 (E/CN.4/2005/78/Add.1), two out of three sex workers were minors. It also noted that, since 2004, as a result of the awareness-raising campaigns undertaken in the various cities of the country on this subject and the adoption of regulations on the closure of bars and brothels, the problem became more clandestine and children engaged in prostitution were more likely to be found in flats and on the outskirts of towns. Finally, the Committee observed that, although the national legislation is in conformity with the Convention, the use, procuring or offering of children under 18 years of age for prostitution still occurred in practice.

The Committee notes the Government’s information that in 2009 the National Committee for Childhood and Adolescence (SNNA) reactivated the Inter-institutional Roundtable for the Elimination of the Commercial Sexual Exploitation of Children, one of the objectives of which is to be recognized at the national level. It further notes the Government’s indication that a study on transsexual child victims of sexual exploitation was carried out in collaboration with the ILO. The Committee notes that, according to the Roundtable for Trafficking Report, the Government of Paraguay jointly with the government members and associates of MERCOSUR, are carrying out the Niño Sur initiative to defend the rights of children and adolescents in the region. The initiative aims to raise awareness of commercial sexual exploitation, improve country legal frameworks, and exchange best practices to tackle issues related to victim protection and assistance. The Paraguayan Ministry of Tourism is part of the Joint Group for the Elimination of Commercial Sexual Exploitation of Children in Tourism, which conducts prevention and awareness-raising campaigns to combat the commercial exploitation of children in Latin America. The Committee requests the Government to provide information on any activities carried out by the Inter-institutional Roundtable for the Elimination of the Commercial Sexual Exploitation of Children, in the framework of the Niño Sur initiative and by the Joint Group for the Elimination of Commercial Sexual Exploitation of Children in Tourism, and the results achieved. It also requests the Government to provide information on the results of the study on transsexual child victims of sexual exploitation, and on any action taken following this study. It finally requests the Government to provide information on the application of sanctions in practice, including, for instance, reports on the number of convictions.

Article 5. Monitoring mechanisms. Trafficking and commercial sexual exploitation. The Committee previously noted the ITUC’s comments that very few controls were carried out at borders, which made it very easy to transport children from Ciudad del Este or from Pedro Juan Caballero to Foz de Iguazú in Brazil, and from Encarnación and Puerto Falcón to Posadas and Clorinda in Argentina. It noted the ITUC’s indication that Argentinian customs officers regularly apprehend minors who have crossed the Paraguayan border without being intercepted and either do not have identity documents or have documents belonging to other persons. By way of example, according to a study carried out by the International Organization for Migration (IOM), up to November 2004 Argentinian customs officers on the borders of Puerto and Falcón–Clorinda refused entry to around 9,000 persons, of whom 40 per cent were minors without proper documentation. The ITUC added that several Paraguayan officials in the Department of Migration and Identification and the Department of Immigration believed that they did not have the authority to intervene in cases of trafficking and supposed that the offence of the trafficking of persons could only be committed in the country of destination of the victims. Accordingly, victims of trafficking were unlikely to lodge complaints as they lacked confidence in the judicial system and feared reprisals from the traffickers. The Committee further noted the ITUC’s information that few cases of trafficking of persons were reported and there were few prosecutions also due to the lack of awareness of the phenomenon in society, particularly among the police. It finally noted the ITUC’s statement that the police did not have personnel specialized in investigations into the commercial sexual exploitation of children and that law enforcement agencies did not clearly understand that children engaged in prostitution may be victims of crime and that, in practice, they were often treated as prostitutes and criminals.

The Committee notes the information contained in the Roundtable for Trafficking Report that a special Unit for Trafficking of Persons has been created within the police. It further notes the information contained in the Government’s report that, in the framework of an inter-institutional five-year project to address situations of abuses against children, adolescents and women (2008–13), special units dealing with children, adolescents and women have been created and trained. These units will also intervene in cases of the commercial sexual exploitation of children. It finally notes that one of the objectives of the
ILO–IPEC project “Combating the worst forms of child labour through horizontal cooperation in South America 2009–13”, is strengthening the labour inspection and other law enforcement agencies, such as labour courts, judges and prosecutors. The Committee requests the Government to redouble its efforts to strengthen the capacity of the law enforcement agencies, particularly the police, the judiciary and custom officers in combating the trafficking and commercial sexual exploitation of children, and to provide information on any further measures taken in this regard. It also requests the Government to provide information on the results of the ILO–IPEC project “Combating the worst forms of child labour through horizontal cooperation in South America” in terms of strengthening law enforcement agencies.

Article 7(1). Penalties. Trafficking. The Committee previously noted the ITUC’s indication that, between 2002 and 2004, penal sanctions were only imposed in 21 cases of trafficking. It notes the information contained in the Roundtable for Trafficking Report that, according to data of the SNNA, the Women Unit, and the Attorney-General’s Office, 84 cases of trafficking persons for sexual and labour exploitation, which involved 103 women and 43 children and adolescents (42 girls and one boy under 18 years of age), were reported between 2004 and 2008. According to the same source, in February 2009, 15 persons were condemned for trafficking of persons, whilst another 50 were being prosecuted by the Attorney-General. However, the Attorney-General’s Office indicate that only 50 per cent of the cases of trafficking occurring between 2004 and 2008 had been brought before the judicial authorities. The Roundtable for Trafficking Report also indicates that, whilst actions taken in 2008 to address trafficking led to an increase in the number of cases reported in the same year compared with previous years, the number of non-reported cases of trafficking is still very relevant. The Committee notes information contained the Government’s report that, according to data provided by the Anti-Trafficking Prosecutorial Unit established by the Paraguayan Attorney-General’s Office in 2008, between 2008 and 2009, 22 trials regarding cases of trafficking were concluded with the punishment of the offenders.

The Committee, however, notes that, according to the 2009 report on trafficking of persons in Paraguay, available on the Office of the High Commissioner for Refugees website (www.unhcr.org) (Trafficking Report 2009), during 2008 some government officials, including police, border guards and elected officials reportedly facilitated trafficking crimes by accepting payments from traffickers; other officials reportedly undermined investigations or alerted suspected traffickers of impending arrests. Despite the serious nature of such allegations, Paraguayan authorities took only some limited steps to investigate acts of trafficking-related corruption and there were no prosecutions related to official complicity in trafficking offences. It also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 29 January 2010, while welcoming the measures adopted by Paraguay to combat trafficking, was concerned that Paraguay continued to be a source and destination country for women and children victims of trafficking for sexual exploitation and forced labour and urged the state party, amongst others, to investigate and prosecute all cases of trafficking of children to avoid impunity (CRC/C/PRY/CO/3, paragraphs 72 and 73). The Committee expresses its deep concern at the weakness of the national institutions responsible for enforcing the legislation on trafficking, as well as at allegations of complicity of government officials with human traffickers. The Committee therefore urges the Government to redouble its efforts to strengthen the capacity of law enforcement agencies in order to ensure that persons who traffic in children for the purposes of labour or sexual exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. In finally requests the Government to continue to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from becoming engaged in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee previously noted that one of the objectives of the ILO–IPEC project on the prevention and elimination of domestic work by children and the commercial sexual exploitation of children was to prevent the engagement of children in commercial sexual exploitation and to remove children who are already engaged in this activity. It noted that, during the course of 2006, around 150 children were removed from this worst form of child labour and received psychological help and assistance in their schooling. At the beginning of 2007, around 50 children were detected in situations of commercial sexual exploitation. The Committee also noted that shelters for child victims of commercial sexual exploitation were established.

The Committee notes the Government’s information that a trafficking unit has been created within the SNNA, aimed at assisting child victims of trafficking until their social integration. The operational plan of the SNNA for 2009 is also aimed at strengthening this unit with appropriate human resources. Moreover, in order to prevent trafficking of children and assist child victims of trafficking, regional offices of the SNNA were created in the border departments of Alto Paraná, Ciudad del Este and Encarnación. The Committee notes the Government’s information that, according to the data of the trafficking unit of the SNNA, between 2007 and 2008, 20 cases of children or adolescents victims of trafficking were reported and addressed, while 24 cases were reported between January and August 2009.

The Committee notes the Government’s indication that two programmes were launched with the support of the EU and in collaboration with ILO–IPEC. The first – Alas Abiertas – is aimed at eliminating the trafficking and commercial sexual exploitation of children in Encarnación and is carried out by the NGOs BECA and CECTEC. The second is aimed at eliminating the internal trafficking of children through the rehabilitation of child victims of trafficking and is implemented by the NGOs Luna Nueva and INECIP. As a result of the second project: (a) the number of child victims of trafficking and commercial sexual exploitation decreased; (b) assistance to child victims of trafficking and commercial sexual exploitation improved; and (c) enforcement mechanisms were improved. The Committee notes the Government’s information that the SNNA funds NGOs in charge of preventing the trafficking and commercial sexual exploitation of children and protecting and assisting child victims of these worst forms of child labour. In this framework, the Foundation Arco Iris is carrying out a one-year project (May 2009–May 2010) for assisting, through medical, psychological and legal assistance, children and adolescents victims of trafficking, and ensuring their rehabilitation and social integration, while Luna Nueva is in charge of providing a shelter for child victims of commercial sexual exploitation. The Committee requests the Government to provide information on the number of child victims of trafficking and commercial sexual exploitation who have been effectively removed, rehabilitated and socially integrated as a result of the measures implemented.

Clause (d). Children at special risk. Children working in domestic service – the “criadazgo” system. In its previous comments, the Committee noted the ITUC’s indication that, according to a study carried out between 2000 and 2001, over 38,000 children between the ages of 5 and 17 years worked in domestic service in the houses of others. Moreover, children engaged under the “criadazgo” system, lived and worked in the houses of others in exchange for accommodation, food and basic education. The numbers involved were not known since, as these children were normally considered not to be working, they were not taken into account in statistics. However, the ITUC indicated that a study undertaken in 2002 by the Documentation and Studies Centre showed that nearly 60 per cent of children working in domestic service and those engaged under the “criadazgo” system were aged 13 years and under. According to the ITUC, in so far as these children do not control their conditions of employment, a majority of them work under conditions of forced labour. The Committee noted that section 2(22) of Decree No. 4951 of 22 March 2005, issued under Act No. 1657/2001 and approving the list of hazardous types of work, provides that domestic work by children and work under the “criadazgo” system are considered to be hazardous types of work. It also noted that, according to ILO–IPEC information relating to the implementation of the project on the prevention and elimination of domestic work by children and the commercial sexual exploitation of children, children at risk of being engaged in domestic service and children who worked as domestics were enrolled in school.

The Committee notes the Government’s information that a study on child domestic work in urban and rural areas of Paraguay was carried out in collaboration with ILO–IPEC in 2005. It notes that this study indicates that, according to data of 2002, almost 11 per cent of children between 10 and 17 years work as remunerated domestic workers. Moreover, approximately one third of the child domestic workers are employed as remunerated domestic workers, whilst two-thirds work under the “criadazgo” system. The Committee further notes that the CRC, in its concluding observations of 29 January 2010, expressed its deep concern on the persistence of the practice of “criadazgo” and recommended the state party to continue to eliminate this practice (CRC/C/PRY/CO/3, paragraphs 66 and 67). Noting the absence of information on this point, the Committee urges the Government to take effective and time-bound measures to protect children working as domestic workers or under the “criadazgo” system from the worst forms of child labour. It also requests the Government to provide information on the manner in which the enforcement of section 2(22) of Decree No. 4951 of 22 March 2005, which prohibits children under 18 years from performing domestic work and work under the “criadazgo” system as types of hazardous work, is ensured in practice, including information on the number and nature of penalties applied.

Clause (e). Special situation of girls. The Committee previously noted that, according to the ITUC’s comments, activities relating to commercial sexual exploitation are linked to international trafficking networks and particularly affect girls. Noting that no information was provided on this point, the Committee requests the Government to provide information on the manner in which it intends to pay particular attention to such girls and thereby prevent them from being engaged in commercial sexual exploitation and remove them from this worst form of child labour.

Article 8. Enhanced international cooperation. Following its previous comments, the Committee notes with interest that the Government is carrying out various projects of regional cooperation to combat the trafficking of children for sexual exploitation. It notes the Government’s information that the project “Ciudades gemelas”, which is aimed at establishing a regional strategy for combating trafficking of children and adolescents for sexual exploitation in MERCOSUR and is funded by the Inter-American development Bank (BID), is at its initial stage. It involves 14 border cities of MERCOSUR (Argentina, Brazil, Uruguay and Paraguay), including Ciudad des Este (Paraguay), Foz de Iguazu (Brazil) and Puerto Iguazú (Argentina). The project is aimed at preventing and addressing trafficking through the mobilization, organization, strengthening and integration of local networks and services. The Committee notes the Government’s information that the project called “Exchange of experiences and legal Argentinian framework on combating trafficking, with special emphasis on children and adolescents” between Paraguay (through the SNNA) and Argentina, is awaiting approval. This is aimed, among others, at: training Paraguayan officials at the National Committee for Childhood, Adolescence and Family in Argentina; elaborating a bill on trafficking in persons for Paraguay; developing protocols for assistance to victims of trafficking; and a procedural manual for assisting victims. The Committee requests the Government to continue to supply information on the measures taken to eliminate the cross-border trafficking of children, and on results achieved.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistics supplied by the Government on children involved in trafficking between 2008 and 2009. It requests the Government to continue to provide information on the nature, extent and trends of the worst forms of child labour, including updated statistics on the number of children under 18 years involved in domestic work, working under the “criadazgo” system, and involved in commercial sexual exploitation.

The Committee is raising other points in a request addressed directly to the Government.