Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy to ensure the effective abolition of child labour. Further to its previous comments, the Committee takes due note of the adoption of the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2010–15), adopted by the National Committee for Childhood and Adolescence on the 13 October 2010. It notes that, according to the Government’s indications, the National Strategy was formulated following a participatory process led by the National Committee for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (CONAETI), the Ministry of Justice and Labour and the Secretariat for Childhood and Adolescence (SNNA), with the participation with ILO–IPEC. This process benefitted from the participation of 350 representatives of employers’ and workers’ organizations, government authorities and civil society, as well as 119 children and young persons. It notes that the National Strategy is currently in the phase of “socialization” and that the SNNA is responsible for its implementation. The Committee also notes with interest that, in the context of the ILO–IPEC project “Combating the worst forms of child labour through horizontal cooperation in South America (2009–13)”, the Government of Paraguay has participated in an exchange of experience with Brazil, which led to the launching of coordinated action between the programmes ABRAZO (Programme for the progressive reduction of child labour on the streets) and TEKOPORÃ (Programme for the conditional transfer of resources) with a view to extending the scope of action of the ABRAZO programme to all the worst forms of child labour, and no longer solely work by children in the streets. In this respect, the Committee notes that, according to the information available to ILO–IPEC, the extension of this programme will begin with the implementation of two pilot programmes: the first in garbage dumps in the city of Encarnación, and the second in the brickworks in the Topatí district. The Committee welcomes the measures taken by the Government and requests it to pursue its efforts to combat child labour. It requests it to provide additional information in its next report on the measures adopted in the context of the implementation of the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2010–15). It also requests the Government to provide information on the action undertaken in the context of the expansion of the ABRAZO programme and on the results obtained.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that the Government had adopted a National Education Plan 2003–15 and that the Ministry of Education and Culture is running various programmes to address the issue of dropping out of school and the integration of children into the school system.

The Committee notes the information provided by the Government on the programme “Paraguay Read and Write”. Nevertheless, it observes that this programme, the objective of which is focused on improving the literacy rate and increasing the average number of years of schooling, principally targets persons aged 15 and above who are not able to read or write, and that it is not therefore targeted at children of the age of compulsory schooling (6–15 years). In this respect, the Committee notes, according to the statistics provided in the Government’s report, that over 44,000 girls and boys dropped out of basic education in 2010. It also notes that, according to UNESCO statistics, the net school attendance rate in primary school fell by 10 per cent between 2002 and 2009 (95 per cent in 2002, compared with 85 per cent in 2009). The Committee therefore strongly encourages the Government to intensify its efforts to improve the functioning of the education system and requests it to take measures to increase the school attendance rate and reduce the school drop-out rate in primary school. It once again requests the Government to provide information on the measures adopted in this respect in the context of the programmes undertaken by the Ministry of Education and Culture and the National Education Plan (2003–15), and on the results obtained.

Article 3(3). Admission to hazardous work from the age of 16 years. Domestic work. The Committee noted previously that, under the terms of Decree No. 4951 of 22 March 2005 issuing regulations under Act No. 1657/2001 and approving the list of hazardous types of work, hazardous work and the criadazgo system are recognized as hazardous types of work prohibited for persons under 18 years of age. It also noted that under the same Decree, the competent authorities may authorize domestic work as from 16 years, in cases where the guarantees required by Article 3(3) of the Convention are fulfilled. Nevertheless, the Committee observed that there appears to be a divergency between Decree No. 4951 and sections 63–68 of the Childhood and Adolescence Code, read in conjunction with section 1 of Act No. 1702, which defines the scope of the terms of “child”, “adolescent” and “under-age adult”, which appears to authorize domestic work from the age of 14 years.

The Government indicates in its report that, although the Childhood and Adolescence Code authorizes work by adolescents from the age of 14 years, domestic work is considered to be a hazardous type of work under the terms of Decree No. 4951, and is prohibited for young persons under 18 years of age, but may nevertheless be authorized from the age of 16 years by the competent authority, on condition that the education, health, safety and morals of the young persons concerned are fully guaranteed and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 7. Light work. In its previous comments, the Committee noted that national laws and regulations do not contain a provision respecting the employment of children on light work. Considering that, according to the statistics contained in the ILO–IPEC report published in 2006, entitled Children and young persons at work in Paraguay: Developments between 2001 and 2004, many children perform light work in Paraguay, the Committee encouraged the Government to adopt provisions to determine the nature of light work and establish the conditions under which it may be performed by children between the ages of 12 and 14 years. It notes in this respect that the CONAETI considered it necessary to determine what light work consists of and that the SNNA will hold a discussion on this issue in 2010.

The Committee notes the Government’s indication that the process of determining light work has not yet been undertaken. The Committee requests the Government to continue providing information on any developments related to the determination and regulation of these types of work, in accordance with Article 7 of the Convention.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s indications that parents grant their children special permission to be involved in artistic performances. It observed that such parental authorization is not sufficient in relation to Article 8 of the Convention and it therefore requested the Government to take the necessary measures to regulate this type of activity in accordance with Article 8 of the Convention. In this regard, the SNNA has considered that it would be necessary to establish rules governing activities by children and young persons, not only in the context of artistic performances, but also sporting events.

The Committee observes that the Government’s report does not contain information on this subject. Recalling that Article 8 of the Convention allows exceptions to the minimum age for admission to employment or work for such purposes as participation in artistic performances solely through the granting of permits in individual cases by the competent authority and on condition that the permits so granted limit the number of hours during which and prescribe the conditions in which employment or work is allowed, the Committee once again requests the Government to take the necessary measures to ensure that children under 14 years of age who participate in artistic performances benefit from the protection envisaged by the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 9(1) and Part III of the report form. Penalties and labour inspection. In its previous comments, the Committee noted that neither the Childhood and Adolescence Code nor Decree No. 4951 of 22 March 2005 establish any penalties for violations of their provisions. It noted that, according to the draft guide on inter-institutional intervention in cases of child labour, the penalties which may be imposed in cases of violation of the legislation regulating child labour are provided for in sections 384 to 398 of the Labour Code. Section 389 of the Labour Code provides that employers who oblige young persons under 18 years of age to perform work in unsafe or hazardous workplaces, or night work in the industrial sector, shall be liable to a penalty of 50 minimum daily wages for each worker concerned. The same section establishes an identical penalty for employers who employ children under 12 years of age. Section 385 provides that failure to comply with provisions of the Labour Code for which no penalty has been established shall be liable to penalties of between ten and 30 minimum daily wages for each worker concerned. The Committee however observed that it was not clear whether the penalties envisaged in the Labour Code would apply in the case of violations of Decree No. 4951 of 2005 and the Childhood and Adolescence Code.

The Committee notes the Government’s indication that the penalties envisaged in sections 384 to 398 of the Labour Code also apply in cases of violations of the provisions of Decree No. 4951. The Government adds in its report that, according to the information provided by the Directorate of Labour Inspection, no violations of labour regulation respecting child labour have been reported. The Committee reminds the Government that, under the terms of Article 9(1) of the Convention, the competent authority shall take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of this Convention. The Committee requests the Government to intensify its efforts to ensure that persons who are in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are applied to them. It once again requests the Government to provide information on the types of violations reported and the penalties imposed by the labour inspection services in relation to child labour, in accordance with sections 384 to 398 of the Labour Code.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the 2006 household survey, 15.2 per cent of minors between the ages of 10 and 14 years work, mainly in agriculture and the informal economy, although a fairly high number of them also work in domestic service or in the streets. It also noted that, in its concluding observations of 29 January 2010, the Committee on the Rights on the Child expressed concern that there were no reliable statistics on the number of children who carry out economic activities (CRC/C/PRY/CO/3, paragraph 64).

The Committee notes the Government’s indication that a national survey of child labour is currently being conducted, with the support of SIMPOC and ILO–IPEC. It also notes the statistics provided by the Statistical Information Department of the Ministry of Labour, which indicate that a total of 3,894 adolescents, including 57 girls, have been registered as workers. The Committee requests the Government to pursue its efforts to ensure that adequate data on the number of children and adolescents under 14 years of age who exercise an economic activity are made available and requests it to provide a copy of the national survey on child labour when it is published.