Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening of the legislative framework and effective enforcement of the law. With reference to its previous comments, the Committee notes that, following the adoption of Act No. 3.340 of 16 July 2008, section 129 of the Penal Code was amended. It notes with interest that section 129(b)(c) defines in detail the elements constituting trafficking in persons, both for their sexual exploitation and for the exploitation of their labour, and establishes sentences of imprisonment of up to 12 years. The Committee further notes the Government’s indication that a Bill on trafficking in persons is under examination, covering the prevention and repression of trafficking, as well as the protection and reintegration of victims.

The Committee notes the Government’s reference to the establishment within the Ministry of the Interior of a division on trafficking in persons and related offences, with responsibility for conducting investigations and following up cases of trafficking in close collaboration with the Office of the Public Prosecutor (Fiscalia). The Office of the Public Prosecutor has also established a special unit to combat trafficking, composed of specialized officials, to improve judicial procedures. The Committee notes however that the Government has not provided any information in its report on the number of prosecutions initiated in cases of trafficking in persons, nor on the penalties imposed on those found guilty. In this respect, the Committee observes that, during the discussion of the application of the Worst Forms of Child Labour Convention, 1999 (No. 182) in June 2011, the Conference Committee on the Application of Standards expressed concern at the weak enforcement of the national legislation concerning trafficking and the allegations of corruption against certain government officials. The Committee requests the Government to provide information on the measures taken to reinforce the means available to the investigation and judicial authorities so that they are in a position to identify the victims of trafficking for both sexual exploitation and the exploitation of their labour, conduct appropriate investigations and initiate judicial proceedings under section 129(b) and (c) of the Penal Code. Please provide statistical data on the court rulings and the penalties imposed. The Committee also requests the Government to indicate whether the Bill to which it referred has been adopted and to provide information on the manner in which it contributes to combating trafficking in persons more effectively. The Committee further requests the Government to provide information on the measures taken to ensure that investigations are carried out in cases of complitity of government officials relating to trafficking in persons.

2. Prevention measures and the protection of victims. The Committee notes the information provided by the Government on the activities undertaken by the Inter-institutional Forum for Preventing Trafficking in Persons, a body responsible for coordinating measures to prevent and combat trafficking in persons at the national and departmental levels, and those of the Department for the Prevention and Assistance to Victims of Trafficking. It notes in particular the establishment of a transitional centre to shelter victims of trafficking; the establishment by the Department of Statistics, Surveys and Census of a system for the compilation of data relating to trafficking; the organization by the Department for Support to Paraguayan Communities Abroad of the Ministry of Foreign Affairs of a series of workshops intended to raise the awareness of migrant workers concerning the risks of discrimination, exploitation and abuse of which they may be the victims; and the activities undertaken in cooperation with MERCOSUR countries. The Government also provides statistics on the number of victims of trafficking who have been repatriated to Paraguay with the assistance of the consular authorities. The Committee requests the Government to continue providing information on the activities carried out by the various bodies involved in combating trafficking in persons and to indicate the measures taken by the Inter-institutional Forum for Preventing Trafficking in Persons to ensure the coordination and effectiveness of the action taken in terms of both prevention and the protection of victims. Please indicate whether a national plan of action has been adopted. As Paraguay is principally a country of origin and transit for trafficking in persons, the Committee considers that it is indispensible to reinforce awareness-raising activities and assistance programmes for victims returning to the national territory as a basis for their reintegration, and it requests the Government to provide information in this respect.