Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Paraguay (Ratification: 2001)

Autre commentaire sur C182

Observation

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The Committee notes the observations of the Central Confederation of Workers–Authentic (CUT–A), received on 20 July 2016, and the Government’s report.

Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children, and the use, procuring or offering of a child for prostitution, and penalties. In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC) that trafficking of persons is on the increase in the country. The Committee also observed that the Conference Committee on the Application of Standards, at the 100th Session of the International Labour Conference in June 2011, expressed its deep concern at the allegations of complicity of government officials with traffickers. The Committee also noted the adoption of Act No. 4788 of 13 December 2012 on trafficking in persons, the scope of application of which covers both internal and international trafficking and trafficking for the purposes of sexual exploitation or forced labour (sections 3 and 5). Act No. 4788 provides for prison sentences of between two and 15 years for the trafficking of children aged between 14 and 18 years (section 6), which may be increased to 20 years if the victim is under 14 years (section 7).

The Committee notes the Government’s indication in its report that it has undertaken numerous awareness-raising, prevention and assistance campaigns. For example, in 2014, 395 children participated in information sessions on trafficking and sexual exploitation within the framework of Operation Caacupé and 314 children participated in information sessions in the context of the “Protect my rights” campaign. The Government adds that a Movimiento project will be launched, with the objective of guaranteeing the protection of the rights of children and young persons against sexual exploitation through preventive action by civil society and State institutions. The Government also indicates that a Specialized Unit to Combat Trafficking in Persons and the Sexual Exploitation of Children and Young Persons has the mandate at the national level to undertake investigations into offences relating to the trafficking and sexual exploitation of children. The Committee further notes that in 2015 the Government recorded 81 complaints of trafficking and sexual exploitation of children. However, it notes with concern the lack of information provided by the Government on the penalties imposed against traffickers and the situation of impunity which appears to exist in the country. The Committee also notes that, according to the CUT–A, there is no system for the recording of data as a basis for follow-up action for victims of trafficking. While taking due note of the efforts made by the Government, the Committee recalls that it is important to assess the extent of trafficking in children as a basis for evaluating the effectiveness of the measures taken. The Committee therefore requests the Government to intensify its efforts to take immediate and effective action to ensure the elimination of the sale, trafficking and sexual exploitation of children and young persons under 18 years of age in practice. It urges the Government to ensure that in-depth investigations and robust prosecutions are conducted against persons engaged in such acts, including government officials suspected of complicity, and that sufficiently effective and dissuasive sanctions are imposed. It once again requests the Government to provide information on the number of offences reported, investigations conducted, prosecutions, convictions and penal sanctions imposed.

Article 5. Monitoring mechanisms. Trafficking and sexual exploitation. In its previous comments, the Committee noted that, according to certain observations of the ITUC, border controls are very rare, which makes it easy to transport children illegally to Brazil or Argentina. The ITUC indicated that several Paraguayan officials from the Migration Department considered that they lacked the authority to intervene in cases of trafficking and believed that the offence of trafficking could be committed only in the country of destination of the victims. It also asserted that the police lack personnel specialized in investigations into the sexual exploitation of children and that the law enforcement agencies did not clearly understand that children engaged in prostitution could be the victims of a crime, and not criminals themselves. It also noted that the efforts made to provide adequate training to law enforcement officials are not sufficient.

The Committee notes, according to the Government’s report, that in 2015 it carried out inspections in border zones with Brazil and Argentina, within the framework of the Regional Plan for the Elimination of Child Labour in MERCOSUR countries. It also notes that the Office of the Public Prosecutor approved the publication of a handbook of procedures, the objective of which is to reinforce the capacities of Government institutions to detect and combat cases of trafficking in children through the provision of full and harmonized information and clear directives. The Committee further notes the numerous training courses provided between 2014 and 2015 for coordinators, supervisors, educators and other public employees in the various regions of the country. However, the CUT–A notes that the public funds provided are inadequate to really enforce the law and implement programmes of action. The Committee requests the Government to continue its efforts to reinforce the capacities of law enforcement agencies, including the police, the judicial system and customs officials, with a view to improving their capacity to detect cases of the trafficking and sexual exploitation of children. It requests the Government to provide information on the measures taken in this regard within the framework of its national policy to prevent and combat trafficking in persons.

Article 7(2) and labour inspection. Effective and time-bound measures. Clauses (a) and (b). Preventing children from becoming engaged in and removing them from the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted that an anti-trafficking unit had been established in the Secretariat for Children and Young Persons (SNNA) with the mission of assisting child victims of trafficking until their social reintegration. With a view to preventing trafficking and assisting child victims of trafficking, regional offices of the SNNA have also been established in the border departments of Alto Paraná, Cuidad del Este and Encarnación. The Committee previously noted the adoption of the National Plan for the Prevention and Elimination of the Sexual Exploitation of Children and Young Persons (2012–17) (PNPEES). It also noted that Act No. 4788 of 2012 on trafficking in persons provides for the implementation of a national programme to prevent and combat trafficking in persons and provide care for victims of trafficking. The Committee nevertheless observed that there is a lack of programmes for the reintegration of child victims of sale, prostitution and pornography.

The Committee notes that the Government’s report does not provide information on the results achieved within the framework of the PNPEES. However, the Government indicates that 74 children and young persons who were victims of trafficking and sexual exploitation benefited from assistance and medical, psychological and judicial support in 2014. It adds that the SNNA intercepted 35 child victims of trafficking in 2014. The Committee notes the Government’s indications that certain of the children intercepted have been reintegrated into their families or placed in reception centres. However, the Committee notes that, according to the observations of the CUT–A, the Government has not yet adopted the national programme to assist victims of trafficking, envisaged by Act No. 4788/12. The Committee requests the Government to take immediate and effective measures to ensure the adoption of a national programme to prevent and combat trafficking and assist victims of trafficking. It requests it to continue providing information on the results achieved in the context of the implementation of the national programme, when it has been adopted, and the PNPEES, with an indication of the number of children removed from this worst form of child labour who have benefited from such measures.

Article 7(2)(d). Children at special risk. Children engaged in domestic work. The “criadazgo” system. The Committee previously noted the ITUC’s communication indicating that children living and working in domestic service in the houses of others in exchange for food, board and education (criadazgo) were very vulnerable to exploitation. According to the ITUC, as these children do not control their conditions of employment, the majority of them work under conditions of forced labour. The Committee also noted that 11 per cent of children between 10 and 17 years of age worked in domestic service, two-thirds of them under the criadazgo system. During the discussion in the Conference Committee on the Application of Standards in 2011, the Government representative stated that the Government was committed to taking specific measures through the National Committee for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (CONAETI) to protect children and young persons working in the houses of others and was committed to implementing strategies to remedy the use of children in domestic service. It noted the extent of the criadazgo system, with an estimated number of children and young persons under 18 years of age engaged in this worst form of child labour of around 47,000 (or 2.5 per cent of the total number of children under 18 years of age in the country), the great majority of whom are girls.

The Committee notes, in its comments on the application of the Minimum Age Convention, 1973 (No. 138), the adoption of Act No. 5407/15 on domestic work, that any form of domestic work is now prohibited for children under 18 years of age. The Committee also notes the Government’s indication in its report that a draft Bill directly penalizing the practice of criadazgo has been prepared by the National Committee and is ready for submission to the competent authorities for approval. The Committee also notes that the CONAETI has prepared an appendix to its inter institutional guide on care for persons under 18 years of age. This appendix is a compilation of all the various laws in force on this subject and is intended for distribution to State institutions to provide greater clarity and coherence in the action taken to address the problem. However, the Committee notes that, according to the CUT–A, the number of child victims of this practice is over 46,000. Noting the high number of children who are still working under the criadazgo system, the Committee requests the Government to intensify its efforts to combat the exploitation of child labour within the context of the criadazgo system. It requests the Government to provide information on the action envisaged to protect and remove these children from the worst forms of child labour, and to ensure their rehabilitation and social integration, and on the results achieved. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide training to the labour inspectors to detect cases of children involved in the criadazgo system.

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