Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Paraguay (Ratification: 1967)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Legislative and institutional framework. The Committee previously noted measures taken to consolidate the legislative and institutional framework against trafficking in persons in the adoption of the Comprehensive Act to combat trafficking in persons (Act No. 4788/12); the Inter-institutional Forum for Preventing and Combating Trafficking in Persons, the coordinating body responsible for giving effect to the national policy in this area and its implementation; the action led by the specialized unit of the Office of the Public Prosecutor against trafficking in persons and the sexual exploitation of children (UFETESI); and the creation of a national investment fund for prevention and assistance to victims.

The Committee notes that the Government’s report refers to workshops to raise awareness of the national plan to prevent and combat trafficking which were held with various members on the Inter-institutional Forum. It also indicates that the Office of the Public Prosecutor has developed a handbook on the operational procedures for cases of child trafficking and sexual exploitation and has trained officials concerned. In addition, the UFETESI has set up a secure online complaints system via its website, which guarantees the confidentiality of complainants, and organizes regular training and awareness-raising workshops. The Committee notes that, according to the detailed information and statistics provided by the Government on judicial proceedings and decisions handed down for cases of trafficking in persons, in 2014 the UFETESI investigated 66 cases, which resulted in the convictions of 13 persons over ten trials. In 2015, 68 cases were investigated with the conviction of 14 persons over nine trials. The number of victims freed rose from 85 in 2014 to 86 in 2015. Since 2015, judges who issue rulings against offenders of this crime also decide on the compensation that the convicted persons must pay to the victims, in conformity with the 2012 Act.

The Committee takes note of this information and requests the Government to continue to carry out training activities, as well as to strengthen the resources and capacities of the competent authorities, to ensure they are able to identify cases of trafficking in persons, whether internal or international, for the purposes of labour exploitation or sexual exploitation. The Committee hopes that the national plan to prevent and combat trafficking will be adopted and that the Government will provide information on its implementation. It requests the Government to continue to provide statistical information on the judicial proceedings under way and the penalties imposed against those who engage in trafficking in persons.

Prevention measures and the protection of victims. The Committee requested the Government to provide information on the measures taken to implement the victim protection and assistance programmes envisaged in the Comprehensive Act to combat trafficking in persons of 2012. The Committee notes the Government’s information concerning the activities carried out by the General Directorate against trafficking in women, established within the Ministry for Women, whose main functions are to design prevention strategies, refer complaints to the courts and assist victims. Victim protection operates through three structures: a referral centre providing women victims of trafficking with social, psychological and legal assistance; a shelter providing temporary refuge for women victims; and a social rehabilitation programme. This Directorate has also launched an information campaign entitled “False promises are made and trafficking in persons occurs”. The Committee notes that in its report on trafficking in women and adolescents for the purposes of sexual exploitation, published in 2014, the Office of the Public Prosecutor emphasizes that while cases of trafficking in persons for different purposes and in various forms are identified, cases of transnational trafficking for the purposes of sexual exploitation are the most prevalent, as Paraguay is a country of origin of the victims. The Committee encourages the Government to strengthen its activities to raise awareness of the phenomenon of trafficking among potential victims by targeting the regions they come from and the places where the recruitment agents act. It also requests the Government to provide information on measures taken to assist victims who have returned to the country to enable their reintegration and prevent them from becoming victims again, as well as on the activities carried out by the national investment fund for prevention and assistance to victims.

Article 2(2)(c). Prison labour. The Committee notes the adoption of the Code on the Execution of Criminal Sentences (Act No. 5162/14). It notes that persons with a prison sentence are obliged to carry out work assigned to them. Without prejudice to this obligation, the detainee is not forced to work but the unfounded refusal to work is considered a violation of the rules and has a negative impact on the assessment of his or her behaviour (sections 138–139). The work is remunerated and the prison work arrangements are in line with the standards laid down in the labour legislation in force. It can be organized by the administration, through a decentralized entity, or by a mixed or private enterprise; or it can be carried out on the detainee’s own terms or through a cooperative system. Where the work is organized by a mixed or private enterprise, the detainee’s remuneration is equivalent to the salaries paid on the free labour market. The Committee requests the Government to indicate whether and, where relevant, in what manner mixed or private enterprises are involved in the organization of the work of detainees inside or outside of the prison. It requests the Government to specify how, in practice, prisoners’ free, informed and formal consent is obtained to work for mixed and private enterprises.