Minimum Age Convention, 1973 (No. 138) - Paraguay (Ratification: 2004)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous observation and previous direct request

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee notes the Government’s indication, in its report, that, in 2022, the school attendance rates were at 98.9 per cent for children aged 6 to 11 years and 95.8 per cent for children aged 12 to 14 years. According to the data provided by the Government, the drop-out rate is 3.4 per cent in both the first and second cycle of compulsory education. The Committee encourages the Government to pursue its efforts to ensure the effective implementation of compulsory education and to provide information on the results achieved in this regard.

Article 9(1). Penalties and labour inspection. The Committee notes the observations of the Central Confederation of Workers (Authentic) (CUT-A) according to which: (1) the Government does not provide information on the application in practice of Decree No. 4951 setting the list of hazardous work; and (2) the trainings provided to labour inspectors are not sufficient to ensure the proper application of the Convention.

The Committee notes the Government’s statement that it continues to provide trainings to the labour inspectorate on cases of child labour and that the labour inspectorate works in close cooperation with the Ministry of Public Defence, in order to better detect cases of child labour. The Committee also takes due note of the inspection reports provided by the Government in relation to five cases of violations of child labour laws in the private sector in the Chaco region. In each case, the violations included: (1) not having a register of working adolescents; (2) not being able to show proof of mandatory and periodical medical examinations; and (3) violation of the prohibition of night work. The Committee further notes the Government’s information on the adoption of Resolution MTESS No. 217/2021, establishing the procedure that labour inspectors should follow when receiving a report of child labour, and allowing for summary sanctions against persons using child labour. The Committee requests the Government to continue providing information on the number and nature of detected violations of the provisions of the Labour Code relating to child labour, and the penalties imposed. It also requests the Government to provide information on the application in practice of Resolution MTESS No. 217/2021, indicating the number and nature of reports received, and the procedure followed by the labour inspectorate. Finally, the Committee once again requests the Government to provide information on the number and nature of penalties imposed for violations of Decree No. 4951 approving the list of hazardous types of work.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Central Confederation of Workers (Authentic) (CUT-A), received on 29 August 2023. It requests the Government to provide its comments in this respect.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s detailed information, in its report, on the measures taken to ensure the progressive elimination of child labour, including: (1) digitalization of the register of working adolescents, to allow for real-time data on the activities of adolescent workers, hours of work and enterprises employing adolescents. This new system, according to the Government, has also prevented the engagement of adolescents in hazardous work in some cases; (2) development of a model for the identification of risks of child labour (MIRTI), a tool which allows for the identification of the territories most vulnerable to child labour, in order to define in which areas to concentrate preventive efforts; (3) in 2021, 61.2 per cent of children in situation of poverty benefitted from the Tekopora programme by receiving conditional cash transfers; and (4) implementation of “20 Commitments for Children and Young Persons”, in which Commitment no. 15 aims to eradicate child labour, its worst forms, and protect adolescent work.

The Committee notes, from the observations of the CUT-A, the concerns that the Government has not provided information on the implementation and results of the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2019–24 (ENPETI).

The Committee notes the Government’s information that, according to the permanent household survey of 2022, 6 per cent of children aged 10 to 17 years are engaged in child labour, with a higher percentage of children in child labour in rural areas (8.3 per cent in rural areas and 4.5 per cent in urban areas), and more boys than girls engaged in child labour (8.5 per cent of boys and 3.3 per cent of girls). The Committee welcomes the significant decrease in child labour, from 22 per cent in 2015 to 6 per cent in 2022. The Committee requests the Government to pursue its efforts towards the progressive elimination of child labour and to provide information in this regard. It also requests the Government to provide specific information on the implementation of the ENPETI and the results achieved.

Article 3(1). Minimum age for admission to hazardous types of work. Domestic work.With regard to the engagement of children in hazardous domestic work, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 8. Artistic performances. The Committee notes that the CUT-A once again insists that: (1) labour inspection controls are not effective with regard to young persons whose work involves sports and artistic performances; and (2) the Government continues to not follow the recommendations of the Southern Common Market (MERCOSUR) relating to the prevention and elimination of child labour in artistic settings. The Committee notes with regret that the Government does not provide information on this point. It therefore requests the Government to take the necessary legislative measures to ensure that children under 14 years of age who participate in artistic performances only do so on the basis of individual authorizations issued by the competent authorities, which limit the number of hours of work and the conditions in which it is permitted, in accordance with Article 8 of the Convention. The Committee requests the Government to provide information on any progress achieved in this respect.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Central Confederation of Workers (Authentic) (CUT-A), received on 30 August 2019.

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s efforts to increase the school attendance rate and reduce the school drop-out rate, and encouraged the Government to intensify its efforts to ensure that at least all children under 14 years of age have access to basic compulsory education. The Committee also asked the Government to provide recent statistics on the school attendance rate.

The Committee notes the indication in the Government’s report that according to the 2018 household survey carried out by the Department of Statistics, Surveys and Censuses, the school attendance rate in public schools is 98 per cent for children between 6 and 11 years of age and 94 per cent for children between 12 and 14 years of age.

The Committee also notes the “Open basic education initiative” established by the Ministry of Science and Education. This initiative is for pupils between 12 and 15 years of age, who for reasons of work or long distances between home and school are unable to follow the third cycle of conventional basic education. Courses comprise on-the-spot instruction, together with tutoring and self-instruction modules based on the core competencies that correspond to the level required for completion of basic school education. This initiative benefits 750 pupils in 38 private, subsidized or public schools, in the capital and the departments of Concepción, San Pedro, Guairá, Caaguazú, Itapúa, Alto Paraná, Presidente Hayes, Boquerón and Alto Paraguay.

The Committee also notes the “Occupational initiation in agriculture” programme, which provides theoretical and practical instruction in agriculture to enhance learning for young people, and contributing towards improving family production practices. It is based on cultural, social and economic roots, with the aim of meeting the goals of a school open to the local reality. A total number of 700 institutions and 28,000 students in the third cycle (12–15 years of age) have benefited from this programme.

Furthermore, the Committee notes the Yo leo y escribo National Reading Plan, linked to the Education Action Plan 2018–23. It also notes the actions taken by the Government to extend the programmes under way, such as for school meals and the basket of basic school supplies, scholarship extensions for students, the transfer of financial resources to schools in the context of free school education, and school kits distributed in all subsidized public and private schools. In 2018 a total of 283,263 students enrolled in the central student register were recipients of these programmes. The Committee duly notes the measures taken by the Government to increase the school attendance rate and reduce the school drop-out rate. It requests the Government to pursue its efforts towards this end in primary and secondary education, especially for all children under 14 years of age.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Central Confederation of Workers (Authentic) (CUT-A), received on 30 August 2019.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 22.4 per cent of children and young persons under 18 years of age (around 417,000) were engaged in work below the minimum age for admission to employment or were in one of the worst forms of child labour (16.3 per cent of 5–13 year olds and 36.8 per cent of 14–17 year olds). Boys in rural areas were the category most affected (43.4 per cent of children and young persons under 18 years of age in this category were involved in child labour). The Committee expressed concern at the high number of children and young persons engaged in an economic activity below the minimum age for admission to employment and in hazardous types of work. It noted that the Government had not provided any new statistics on the extent of child labour in the country and asked it to send statistics on the nature and extent of child labour in the country.

The Committee notes the observations of the CUT-A on the findings of the first “Survey of child labour in rural areas” (ETI Rural), which, it claims, has recorded important data on the situation of child labour in the sectors where it is most widespread but that these data have not yet been the subject of specific measures or actions taken by the Government.

The Committee notes the indication in the Government’s report that the Secretariat for Children and Young Persons (SNNA) has been elevated to the rank of Ministry (Act No. 6174/18) with the title of Ministry of Children and Young Persons.

The Committee notes the adoption of the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2019–24 (ENPETI) by the National Council for Children and Young Persons (Decision CNNA No. 1719). The strategic elements of the strategy are to: (i) coordinate public policies for the care of children engaged in the worst forms of child labour or in situations of risk; (ii) generate income for families; (iii) conduct awareness-raising and training for families and key players in society with regard to the rights of girls, boys and young persons, and with regard to the worst forms of child labour; and (iv) ensure that education is of high quality and provided free of charge.

The Committee notes the ongoing nature of the Tekopora programme (for conditional financial transfers) implemented by the Ministry of Social Development and aimed at households in situations of extreme poverty. The programme gives priority to girls and boys under 14 years of age and to young persons between 15 and 18 years of age. It comprises different modules for inclusion, conditional money transfers and social, family and community support. A total of 163,053 families including 27,830 families from indigenous communities have benefited from the programme.

The Committee duly notes the detailed statistics on the results of the various programmes under way between August 2018 and August 2019 in the appendix to the Government’s report (DGPNA No. 13/19), originating from the Department for Children and Young Persons: (i) 1,200 young persons have benefited from the “Protected vocational training” programme, which replaces the “Young apprentices in the national service for vocational promotion” programme, via Decision No. 1600/2019; (ii) the “Education” section of the Okakua project has benefited 964 children between 5 and 10 years of age in the department of Guairà, 120 children in the department of Boquerón, and 356 children considered to be at risk have received tutorial support at home; and (iii) in the context of the Sapea project, 537 young persons have received instruction in some 20 different types of training and 73 per cent of the beneficiaries are girls. While noting the Government’s efforts in the various programmes aimed at the elimination of child labour, the Committee requests the Government to continue its efforts to improve the situation of children in the country. It also requests the Government to send the results of the ETI Rural.

Article 3(1). Minimum age for admission to hazardous types of work. Domestic work. The Committee previously noted the adoption of Act No. 5407/15 of 13 October 2015, which sets the minimum age for access to any type of employment as a domestic worker at 18 years. The Committee asked the Government to provide information on the application of the Act in practice, including on monitoring mechanisms put in place to ensure its effective application, on infringements detected and on penalties imposed.

The Committee notes the observations of the CUT-A indicating that the employment of girls under 18 years of age, as home care companion or childcarer, remains widespread throughout the country, especially in remote regions such as Chaco and the north. The CUT-A emphasizes that the Government has so far not adopted any measures or taken any action to improve their conditions.

The Committee notes the indications in the Government’s report that the Ministry of Labour, Employment and Social Security collaborates with the Department for the Promotion of Women at Work. Since 2014, the domestic employees assistance centre, an offshoot of the Labour Affairs Service, has been in existence with the mission of providing comprehensive advice to workers, employers, enterprises and the general public on the application of the labour regulations in force and other legislation which affect domestic workers. In 2015, with the adoption of Act No. 5407/15 on domestic work and its subsequent implementing regulations, a procedure for action was established, which is currently in force and enables comprehensive and confidential advice to be given to domestic workers, and also provides them with the necessary administrative channels to file complaints in the event of violations of their rights at work. The Committee once again requests the Government to provide information on the application of the Act in practice, especially on monitoring mechanisms established to ensure the effective application of the Act, on infringements detected and the penalties imposed.

Article 8. Artistic performances. In its previous comments, the Committee asked the Government take the necessary measures to ensure that children under 14 years of age who participate in artistic performances only do so on the basis of individual authorizations granted by the competent authorities, which limit the number of hours of work and the conditions in which it is permitted, in accordance with Article 8 of the Convention. It also asked the Government to provide detailed information on the content of the declaration approved by the Executive Unit of the Regional Plan for the Elimination of Child Labour in Common Market of the Southern Cone (MERCOSUR) countries.

The Committee notes the observations of the CUT-A indicating that labour inspection controls are not effective with regard to young persons whose work involves performance, including football, music and acting.

The Committee notes the MERCOSUR recommendations to States parties, in the Government’s report, relating to the prevention and elimination of child labour in artistic settings (MERCOSUR CMC/REC.N/02/15). These recommendations contain a series of measures aimed at establishing uniform criteria for granting permits for artistic work, as follows: (i) the work permit must be issued by the competent authority; (ii) the parents(s) or guardian(s) must also give their permission; (iii) a certificate of physical fitness for any artistic activity must be issued by the competent authority and taken into account; (iv) school-age children must have a certificate of good school attendance and the artistic activity must on no account be detrimental to school attendance; (v) any artistic activities that are likely to harm the physical, moral or psychological development of children are prohibited; (vi) hours of work must occur during the daytime, must be appropriate to the age of the children concerned, and must include any breaks, tests or auditions; (vii) allowance must also be made for leisure and relaxation time; and (viii) the presence of the parents(s)/guardian(s) must be guaranteed during performances by children in order to preserve their rights. The MERCOSUR recommendations also encourage the establishment of a national register for artistic work by children in order to monitor that the rights, health and education of children who work in this field are ensured; MERCOSUR also recommends that no images of children be used in government publicity. The Committee requests the Government to take steps, in the context of the MERCOSUR recommendations, to guarantee that children under 14 years of age who participate in artistic performances only do so on the basis of individual authorizations issued by the competent authorities, which limit the number of hours of work and the conditions in which it is permitted, in accordance with Article 8 of the Convention.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee asked the Government to reinforce the capacities of the labour inspectorate with a view to improving its capacity to detect cases of child labour. It once again asked the Government to provide information on the number and nature of the penalties imposed for violations of the provisions of the Labour Code relating to child labour and of Decree No. 4951 approving the list of hazardous types of work.

The Committee notes that 26 labour inspectors have been trained in occupational safety and health. It also notes, in the appendices to the Government’s report, decisions of the Department of Labour Inspection concerning penalties imposed for violations reported at work. The Committee also notes that 75 labour inspections were carried out following reports of infringements. Further to these 75 inspections, 20 workers received compensation from the employer. However, the Committee notes the absence of information on inspections carried out in relation to child labour.

The Committee notes that ENPETI 2019–24, adopted by Decision No. 01/2019, uses follow-up indicators decided on a consensual, tripartite basis. Recalling once again the importance of an effective labour inspection system for the application of the Convention, the Committee requests the Government to provide information on the number and nature of penalties imposed for violations of the provisions of the Labour Code relating to child labour and of Decree No. 4951 approving the list of hazardous types of work.

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

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee previously noted that Act No. 4088 of 13 September 2010 establishes free compulsory basic education (6–14 years). It also noted the adoption of the National Education Plan 2024 and the Updated Strategic Education Plan 2020. However, it observed that the net primary school enrolment rate (6–11 years) had fallen sharply (from 96 per cent in 1999 to 85 per cent in 2010). Moreover, the proportion of children of primary school age not attending school has increased over recent years, rising to 16 per cent in 2011.

The Committee notes that the Government’s report does not contain information on the results achieved through the plans referred to above. However, it notes the Government’s indication in its report that it has developed various strategies with a view to increasing school attendance. For example, it has established a school food programme, a programme of study grants and various types of action to improve the skills and evaluate the performance of teachers. The Committee also notes, from the Government’s report of 12 November 2015 to the Committee on the Elimination of Discrimination against Women that, with a view to achieving universal school enrolment, the Government has established a programme for the distribution of school supply kits in the public sector and adopted Act No. 5210/14 on food at school and health checks (CEDAW/C/PRY/7, paragraph 65). While noting the Government’s efforts to increase the school attendance rate and reduce school drop-outs, the Committee encourages the Government to intensify its efforts in this respect to ensure that at least all children under 14 years of age have access to basic compulsory education. It requests that the Government provide information on the results achieved in this connection, particularly through the strategies referred to above, and the implementation of the National Education Plan 2024 and the Updated Strategic Education Plan 2020. The Committee also requests that the Government provide recent statistics on the school attendance rate.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s indication that parents give their children special permission to be involved in artistic performances. It observed that such parental authorization is not sufficient under the terms of Article 8 of the Convention. In this regard, the Secretariat for Children and Young Persons (SNNA) has considered that it is necessary to establish rules governing activities by children and young persons in the context, not only of artistic performances, but also of sporting events.

The Committee notes the Government’s indication that the Executive Unit of the Regional Plan for the Elimination of Child Labour in MERCOSUR countries has approved a declaration on artistic work by children, without providing further details on the content of the declaration. The Committee once again requests that the Government take the necessary measures to ensure that children under 14 years of age who participate in artistic performances only do so on the basis of individual authorizations granted by the competent authorities, which limit the number of hours of work and the conditions in which it is authorized, in accordance with Article 8 of the Convention. It also requests that the Government provide detailed information on the content of the declaration approved by the Executive Unit of the Regional Plan for the Elimination of Child Labour.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2010–15) (ENPETI) by the National Council for Children and Young Persons, the strategic elements of which included the identification and care of children engaged in the worst forms of child labour or in situations of risk. It also noted with interest that, in the context of an ILO–IPEC project, the Government of Paraguay had participated in an exchange of experience with Brazil, which led to the articulation between the ABRAZO programme (for the progressive reduction of child labour on the streets) and the TEKOPORÃ programme (of conditional financial transfers), extending the coverage of the ABRAZO programme to all forms of child labour. The national TEKOPORÃ programme, targeting households in extreme poverty, is one of the Government’s priority programmes in the context of the implementation of its public policy for social development. The Committee also noted that 22.4 per cent of children and young persons under 18 years of age (around 417,000) are engaged in work below the minimum age for admission to employment or are in one of the worst forms of child labour (16.3 per cent of 5–13 year olds and 36.8 per cent of 14–17 year olds). Boys in rural areas are the category that is the most affected (43.4 per cent of children and young persons under 18 years of age in this category are involved in child labour). The great majority of children and young persons who undertake activities classified as child labour are engaged in hazardous types of work (around 90.3 per cent of 5–13 year olds and 91.1 per cent of 14–17 year olds). While welcoming the measures taken by the Government to ensure the effective abolition of child labour, the Committee expressed its concern at the high number of children and young persons engaged in an economic activity below the minimum age for admission to employment and in hazardous types of work.

The Committee notes from the Government’s report the many programmes of action implemented to prevent and combat child labour. The Government indicates that in the sugar sector (in the Guairá, Caaguazú, Paraguarí, Caazapá and Cordillera regions) 28 per cent of workers are children. The Committee notes that the Government has not provided further data on the extent of child labour in the country. However, it indicates that the first Survey of Child Labour in Rural Areas (ETI Rural) has been carried out and that it will provide the Committee with the findings of the survey in its next report. The Committee requests that the Government continue its efforts to improve the situation of child labour in the country. It also requests that it continue providing information on the measures taken and the results achieved in this regard. The Committee further requests that the Government provide statistics on the nature and extent of child labour in the country, and on the findings of the ETI Rural.

Article 3(1). Minimum age for admission to hazardous types of work. 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, domestic work is considered to be a hazardous type of work prohibited for persons under 18 years of age. It noted that the competent authorities may nevertheless authorize domestic work from the age of 16 years, 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, in accordance with Article 3(3) of the Convention. It noted with interest that, in the context of the ratification by Paraguay of the Domestic Workers Convention, 2011 (No. 189), a draft Bill on domestic work had been submitted to the Senate, which sets the minimum age for access to employment in domestic work at 18 years.

The Committee notes with satisfaction the adoption of Act No. 5407 of 13 October 2015, which sets the minimum age for access to any type of employment as a domestic worker at 18 years. The Committee therefore requests the Government to provide information on the application of the Act I practice, in particular on the monitoring mechanisms put in place to ensure its effective implementation, and on any cases detected, as well as any sanctions imposed.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee noted that neither the Code for Children and Young Persons nor Decree No. 4951 of 22 March 2005 establish penalties for violations of their provisions. According to the draft guide on inter-institutional intervention in cases of child labour, the penalties that may be imposed for violations of the legislation governing child labour are set out in sections 384–398 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 unhealthy or hazardous workplaces, or night work in the industrial sector, shall be liable to a penalty of at least 50 daily wage equivalents for each worker concerned. Section 385 provides that failure to comply with the provisions of the Labour Code for which no penalty has been established shall incur liability to penalties of between ten and 30 minimum wages for each worker concerned. The Committee observed that the number of labour inspectors had fallen from 34 to 31, and the number of inspections from 1,641 to around 1,204. However, it noted that reinforcing the enforcement of the national legislation relating to child labour is one of the elements envisaged in the ENPETI. The Committee requested that the Government provide information on the violations identified by the labour inspectorate and the penalties imposed in relation to child labour under sections 384–398 of the Labour Code.

The Committee notes once again that the Government’s report does not contain information on the application of sections 384–398 of the Labour Code. However, the Government indicates that 30 new labour inspectors have been recruited, who are currently being provided with the necessary training to perform their duties. The Committee also notes the Government’s indication that the General Directorate of Inspection and Compliance undertook numerous training, awareness-raising and information activities in 2015. Recalling the importance of an effective inspection system for the application of the Convention, the Committee requests that the Government continue taking the necessary measures to adapt and reinforce the capacities of the labour inspectorate with a view to improving its capacity to detect cases of child labour. It also once again requests the Government to provide information on the number and nature of the penalties imposed for violations of the provisions of the Labour Code relating to child labour and of Decree No. 4951 approving the list of hazardous types of work.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2(3) of the Convention. Age of completion of compulsory schooling. Further to its previous comments, the Committee duly notes Act No. 4088 of 13 September 2010 establishing free compulsory basic education (6–14 years). It also notes the Government’s information on the “National Education Plan 2024” and the “Updated Strategic Education Plan 2020”. However, the Committee notes that, according to the 2012 Education for All Global Monitoring Report published by UNESCO, the net primary school enrolment rate (6–11 years) fell sharply between 1999 and 2010 (from 96 per cent to 85 per cent). Furthermore, according to data for 2009 and 2011 from the UNESCO Institute for Statistics, the proportion of children of primary school age who do not attend school has increased in recent years (from 14 per cent in 2009 to 16 per cent in 2011). The Committee encourages the Government to intensify its efforts, in the context of the implementation of the National Education Plan 2024 and the Updated Strategic Education Plan 2020, to increase the school attendance rate and reduce the school drop-out rate for children under 14 years of age. It requests the Government to provide information on the results achieved in this regard.

Article 3(1). Minimum age for admission to hazardous work. Domestic work. The Committee previously noted that, under Decree No. 4951 of 22 March 2005 issuing implementing regulations for Act No. 1657/2001 and approving the list of hazardous types of work, domestic work and the criadazgo system are recognized as hazardous types of work prohibited for persons under 18 years of age. It noted that the competent authorities may, however, authorize domestic work as from 16 years, 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, in accordance with Article 3(3) of the Convention.

It notes with interest that, in the context of the ratification of the Domestic Workers Convention, 2011 (No. 189), by Paraguay, a draft Bill concerning domestic work, and fixing the minimum age for access to employment for domestic workers at 18 years, has been submitted to the Senate. The Committee requests the Government to provide information on any progress made with regard to the adoption of this draft Bill.

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. In this regard, the Secretariat for Children and Young Persons (SNNA) has considered that it would be necessary to establish rules governing activities by children and young persons, in the context not only of artistic performances but also of sporting events.

The Committee notes that the Government’s report still does not contain any information on this subject. It again requests the Government to take the necessary measures to ensure that children under 14 years of age who participate in artistic performances only do so on the basis of individual permits granted by the competent authorities, which limit the number of hours of work and the conditions in which it is allowed, in accordance with Article 8 of the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted the adoption of the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2010–15) (ENPETI) by the National Council for Children and Young Persons. It also noted with interest that, in the context of an ILO–IPEC project, the Government of Paraguay had participated in an exchange of experience with Brazil, which led to the launching of coordinated action between the ABRAZO programme (for the progressive reduction of child labour on the streets) and the TEKOPORÃ programme (for the conditional transfer of financial resources) with a view to extending the scope of action of the ABRAZO programme to all forms of child labour. It noted that the extension of this programme would begin with the implementation of two pilot programmes: the first in garbage dumps in the city of Encarnación, and the second in brickworks in the Tobatí district.

The Committee notes that the strategic actions contemplated in the context of implementation of the ENPETI are particularly concerned with the identification and care of children engaged in the worst forms of child labour or in situations of risk. The Committee also notes the information supplied by the Government in relation to the implementation of the ABRAZO programme. It notes that this programme now covers ten out of 17 departments of the country. According to information from ILO–IPEC, it has assisted a total of 6,061 children and 3,304 families. Moreover, further to the implementation of the pilot programme in Encarnación, the city garbage dump has been declared “free of child labour” thanks to the joint efforts of civil society, the private sector and local government. The Government also indicates that the national TEKOPORÃ programme designed for households living in extreme poverty is one of the Government’s priority programmes in the context of implementation of its public social development policy. The Committee further notes the study on the scope and features of the work of children and young persons in Paraguay, published in 2013 by ILO–IPEC and the Directorate-General for Statistics of Paraguay, which reproduces the results of the first national survey of child labour conducted in 2011. This study shows that 22.4 per cent of children and young persons under 18 years of age (approximately 417,000) are working below the minimum age for admission to employment or are engaged in one of the worst forms of child labour (16.3 per cent of children in the 5–13 age group and 36.8 per cent in the 14–17 age group). Almost half work in agriculture, stockbreeding, hunting and fishing. Boys working in rural areas are the category most affected by this phenomenon (43.4 per cent of children and young persons under 18 years of age in this category are affected by child labour). The vast majority of children and young persons who are engaged in activity that comes under the heading of child labour perform hazardous work (approximately 90.3 per cent of the 5–13 age group and 91.1 per cent of the 14–17 age group). Furthermore, it appears from the information provided by the Government in its report submitted under the Employment Policy Convention, 1964 (No. 122), that children aged 10 to 14 enter the labour market.

While welcoming the measures adopted by the Government to ensure the effective abolition of child labour, the Committee is bound to express its concern at the large number of children and young persons who are engaged in an economic activity below the minimum age for admission to employment or in hazardous work. The Committee requests the Government to intensify its efforts to improve the situation regarding child labour in the country. It requests the Government to continue providing information on the measures taken and the results achieved in this respect, particularly in the context of implementation of the ENPETI. It also requests the Government to continue to send statistics on the nature and scope of child labour in the country.

Article 9(1) and Part III of the report form. Penalties and labour inspection. In its previous comments, the Committee noted that neither the Children and Young Persons’ Code nor Decree No. 4951 of 22 March 2005 establish any penalties for violations of their provisions. According to the draft guide on inter-institutional intervention in cases of child labour, the penalties that may be imposed for violations of the legislation regulating child labour are laid down 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 unhealthy or hazardous workplaces, or night work in the industrial sector, shall be liable to a penalty of at least 50 daily wage equivalents for each worker concerned. 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 wage equivalents for each worker concerned. The Committee asked the Government to provide information on the violations reported by the labour inspectorate and the penalties imposed in relation to child labour, in accordance with sections 384–398 of the Labour Code.

The Committee observes that the Government’s report does not contain any information on this matter. It observes that, according to the information provided in the Government’s last report relating to the Labour Inspection Convention, 1947 (No. 81), the number of labour inspectors decreased from 34 to 31 between 2009 and 2011 and the number of inspections dropped from 1,641 to 1,204 during 2009–10. However, it notes that stepping up the enforcement of the national legislation relating to child labour is one of the planned areas of action in the ENPETI. In this regard, with reference to the 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 408), the Committee reminds the Government of the importance of an effective labour inspectorate in applying the Convention. The Committee requests the Government to take the necessary steps to adapt and strengthen the capacities of the labour inspectorate in order to improve its capability for detecting cases of child labour as part of the implementation of the ENPETI. It also requests the Government to supply information on the number of penalties imposed for violations of the Labour Code relating to child labour and of Decree No. 4951 approving the list of hazardous types of work.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the measures taken within the framework of the Programme for the Progressive Reduction of Child Labour on the Streets (ABRAZO) which directly benefited 1,340 working boys and girls and 665 families in 2006.

The Committee notes the Government’s information that Paraguay has gone through a transition which, after 61 years of a state-run administration, led to the transformation of the national policy framework. The new system of administration, which involves stakeholders different from the traditional political parties, aims at gradually and sustainably introducing a Social Protection and Promotion Network through programmes which include ABRAZO, the National Plan “Paraguay Solidario” “Saso Pyahu”, and the Programme for Conditional Cash Transfer (“Tekopora”). The Committee notes the Government’s indication that in 2009 the National Committee for Childhood and Adolescence (SNNA) has started consulting the key actors for drafting the new National Plan of Action for Child and Adolescence (PNA) (2009–13). The SNNA has also started the implementation of its first five-year Strategic Plan (2009–13) which aims, amongst others, at encouraging the implementation of public policies for addressing the situation of vulnerable children and adolescents, as well as at strengthening the national system of promotion and protection of the rights of boys, girls and adolescents. The Committee notes the Government’s information that the implementation of the SNNA’s Strategic Plan through its specific programmes (which include, inter alia, ABRAZO and the Programme of care for children and adolescents living on the streets without family links (PAINAC)) will contribute in the mid-long term to the elimination of child labour. It also notes the information contained in the Government’s report that in 2009 the National Committee for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (CONAETI) has started drafting the National Strategy for Prevention and Elimination of Child Labour and Improvement of the Work of Young Persons in Paraguay, which is the extension of the National Plan for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (2003–08). The Committee further notes the Government’s information that the ABRAZO programme, which from November 2008 is run by the SNNA, directly benefited 1,780 working boys and girls and 853 families in 2009. Moreover, 540 families received monthly allowances to avoid that their children work or beg in the streets. In this regard, it notes the information provided by the Government that the Plan for the Social Inclusion of Childhood, run by the SNNA, also targets children working on the streets and, inter alia, is aimed at strengthening the ABRAZO programme. It notes that, among the various activities carried out in the framework of this Plan to protect and prevent the risk of children being on the streets, of the 1,780 children reached by the ABRAZO programme, 1,520 were removed from the streets in July 2009.

The Committee notes that, in the framework of the collaboration with
ILO–IPEC, Paraguay has launched the project on the Eradication of Child Labour in Latin America (2006–10). It also notes with interest the Government’s information that, in February 2009, as a result of a tripartite agreement including the Ministry of Justice and Labour, the social partners and the ILO, the National Plan for Decent Work has been adopted. Its objectives include a better implementation of the labour standards, including through programmes for the elimination of child labour and through the active participation of the CONAETI. The Committee welcomes the steps taken by the Government to combat child labour and requests it to continue to provide information on the implementation of the projects referred to above, especially the ILO–IPEC project on the Eradication of Child Labour in Latin America (2006–10), and results obtained in terms of the progressive abolition of child labour.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s indication that, under the General Education Act of 1998, the age of completion of compulsory schooling is 14 years. It also noted that the Government adopted a National Education Plan (2003–15). Moreover, as a component of its strategy for the elimination of child labour, the Government adopted a national strategy to combat poverty which provides for educational grants to families with children who work so that these children can stop working.

The Committee notes the Government’s information that the Ministry of Education and Culture is running various programmes for combating drop-outs and encouraging the integration of children into the schooling system. It also notes the Government’s information that, regarding basic education, in 2007 at the national level, 4.1 per cent of children between 6 and 11 years (cycles I and II) drop out from school. In the same year, drop-outs among children from 12 to 14 years (cycle III) came to 5.4 per cent. According to statistics provided by the Government, drop-outs are much higher in secondary education (15 to 17 years), where the gross percentage of attendance is only 54 per cent. For both basic and secondary education, drop-outs are higher in public schools, rural areas and amongst boys. The Committee notes the Government’s information that data for 2008 are being systematized at the departmental level. Given that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system, in particular by reducing the school drop-out rate and increasing school attendance levels, especially in rural areas and amongst boys. In this regard, it requests the Government to provide information on the programmes adopted by the Ministry of Education and Culture to combat drop-outs and encourage the integration of children into the schooling system, as well as on any other programmes adopted to this end, including in the framework of the implementation of the National Education Action Plan. It finally requests the Government to continue to provide statistics on school attendance levels and school drop-out rates.

Article 3(3). Hazardous work from the age of 16 years. Domestic work. In its previous comments, the Committee noted that, pursuant to section 2, paragraph 22, of Decree No. 4951 of 22 March 2005, which regulates Act No. 1657/2001 and approves the list of types of hazardous work, domestic work and the “criadazgo” system constitute hazardous work, which, by virtue of section 3 of the Decree, is prohibited for minors under 18 years of age. It further noted that, by virtue of section 4 of the Decree, the competent authorities may authorize domestic work from the age of 16 years, providing that the education, health, safety and morals of the young persons concerned are fully protected and that they have received specific instruction or vocational training in the relevant branch of activity, as required by Article 3(3) of the Convention. It further noted that sections 63–68 of the Childhood and Adolescence Code, which regulate the activity of adolescent domestic workers, read in conjunction with section 1 of Act No. 1702 – which defines an adolescent as any human being from 14 to 17 years – appear to indicate that an adolescent from the age of 14 years may be employed as a domestic worker. Noting the divergence between the provisions of Decree No. 4951 and those of the Childhood and Adolescence Code, the Committee requested the Government to state the age from which a child may be employed as a domestic worker.

The Committee notes the Government’s information that CONAETI is reviewing Decree No. 4951/05 in view of the discrepancy between its sections 2(22) and 3, which prohibit children under 18 years from performing domestic work, and its section 4, which authorizes domestic work from the age of 16 years when the guarantees required under Article 3(3) of the Convention, are met. The Committee observes that section 4 of Decree No. 4951 is in conformity with Article 3(3) of the Convention, which as a limited exception to Article 3(1) of the Convention, authorizes the performance of types of hazardous work for young persons between 16 and 18 years of age under strict conditions respecting protection and prior training. However, there appears to be a discrepancy between section 4 of Decree No. 4951 – which authorizes children from 16 years to perform domestic work – and the provisions of sections 63–68 of the Childhood and Adolescence Code, read in conjunction with section 1 of Act No. 1702, which seem to authorize domestic work from the age of 14 years. The Committee accordingly urges the Government to take the necessary measures to harmonize sections 63–68 of the Childhood and Adolescence Code with section 4 of Decree No. 4951 of 2005.

Article 6. Apprenticeship and vocational training. In its previous comments, the Committee asked the Government to indicate the age from which a person may begin an apprenticeship. The Committee notes the Government’s information that young persons between 15 and 18 years can apply for an apprenticeship programme. Vocational training courses are open to young persons from 18 years, except for IT-related and commercial courses, which start from the age of 15 years.

Article 7. Light work. In its previous comments, the Committee noted that the national laws and regulations do not appear to regulate light work carried out by children. Taking into account the statistics found in the ILO–IPEC report published in 2006 and entitled “Children and Young Persons at Work in Paraguay – Developments between 2001 and 2004”, according to which a considerable number of children perform light work in the country, it encouraged the Government to adopt provisions to regulate and determine light work activities performed by children between 12 and 14 years of age. The Committee notes the Government’s information that the CONAETI considered necessary the determination of light work. The relative debate by the SNNA is planned for 2010. The Committee requests the Government to provide information on any developments towards the regulation and determination of light work, in conformity with Article 7 of the Convention.

Article 8. Artistic performances. The Committee previously noted the Government’s statement that parents grant their children special permission to be involved in artistic performances. It noted that parental authorization is not sufficient to apply Article 8 of the Convention and therefore asked the Government to take the necessary steps to regulate this type of activity in accordance with Article 8 of the Convention, and to provide information in this regard. The Committee notes the Government’s information that in Paraguay there are various artistic, religious and touristic events. It also notes the Government’s statement that the national legislation does not expressly foresee procedures related to the activity preformed by children and adolescents taking part in artistic performances. In this regard, SNNA considered the necessity to adopt rules which not only regulate the activity of children and adolescents in artistic performances but also in sport events, especially in view of the young age in which football transfers are carried out. The Committee hopes that the Government will adopt regulations which, in conformity with Article 8 of the Convention, provide for the possibility, after consultation with the organizations of employers and workers concerned, to allow exceptions to the minimum age for admission to employment or work and grant children individual work permits for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to provide information on any developments in this regard.

Article 9(1). Penalties. The Committee previously noted that section 5 of Decree No. 4951 of 22 March 2005 provides that the competent authorities shall identify and punish the persons responsible for failing to apply the provisions prohibiting the employment of children in hazardous work. It noted, however, that none of the provisions in this Decree set forth the penalties applicable in the event of the violation of this prohibition. The Committee further noted that the Childhood and Adolescence Code, which contains provisions on young workers, does not provide for any penalty in the event of failure to apply the provisions concerning the work of young persons. It asked the Government to indicate the provisions of national laws and regulations which provide for the penalties applicable to persons found guilty of violating the provisions of Decree No. 4951 of 22 March 2005 and the Childhood and Adolescence Code, which regulate the activity of young workers.

The Committee notes that the Government has supplied various judgements, one of which relates to a case of abuse and “criadazgo”. However, it notes that the judgement does not address the issue of punishing the persons guilty of holding a child under 18 years in “criadazgo”, which is a type of hazardous work according to section 2(22) of Decree No. 4951/05. It notes that, according to the draft guide on inter-institutional intervention in cases of child labour, penalties which can be imposed in cases of violation of the legislation regulating child labour are provided for by sections 384–398 of the Labour Code, as well as by Act No. 1416/99 and by Decree No. 10.047/95. It notes that section 389 of the Labour Code, as amended by Acts No. 496/95 and No. 1416/99, provides that employers who oblige young persons under 18 years of age to carry out work in unsafe or hazardous workplaces or night work in the industrial sector, shall be punished by penalties of 50 minimum daily wages for each worker affected. The same section also punishes by the same penalty the employer who employs children under 12 years of age. Section 385 provides that the lack of compliance with the Labour Code for which no penalty has been established, shall be punished by penalties of between 10 and 30 minimum daily wages for each worker affected. The Committee notes that it is not clear which penalties provided by the Labour Code would apply to the violation of the provisions of Decree No. 4951 of 2005 and the Childhood and Adolescence Code, which regulate the activities of young workers. It also observes that the scope of the provisions of Decree No. 4951 of 2005 and the Childhood and Adolescence Code implementing the Convention is wider than the Labour Code and that the penalties provided by the Labour Code for the violation of the provisions of Decree No. 4951 of 22 March 2005 and the Childhood and Adolescence Code do not appear to be sufficiently effective and dissuasive. The Committee reminds the Government that, under Article 9(1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective application of the Convention. The Committee requests the Government to specify which provisions of the Labour Code apply to the violation of the provisions of Decree No. 4951 of 22 March 2005 and of the Childhood and Adolescence Code on the activity of young workers. It also strongly encourages the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are imposed for the violation of the provisions relating to child labour and to supply information on the application in practice of these penalties, including the number and nature of penalties imposed.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee previously noted that, according to the 2006 Household Survey, 15.2 per cent of minors from 10 to 14 years work, mainly in the agricultural and informal sectors, although a high number also work as domestic servants and on the streets.

The Committee notes the Government’s information that CONAETI elaborated one inter-institutional and one intra-institutional draft practical guides for intervention in cases of child labour (including hazardous work). These guides are not only meant to inform the children and adolescents concerned about the mechanisms to report contraventions and the relevant procedures, but also to facilitate the competent authorities in dealing with cases of child labour. It further notes the Government’s information that in June 2009 the Advisory Centres for the Rights of Childhood and Adolescence (CODENIS) were provided with computers in order to collect and record cases of violation of the rights of children and adolescents, including child labour. The Committee, however, also notes that the Committee on the Rights of the Child, in its concluding observations of 29 January 2010, expressed concern that there were no reliable statistics on the number of children who carry out economic activities, sometimes at a very low age, and the lack of a specialized unit to monitor and inspect the working conditions of children (CRC/C/PRY/CO/3, paragraph 64). The Committee requests the Government to provide information on any developments regarding the adoption of the practical guides for intervention in cases of child labour and, once adopted, on their impact on the number of inspections carried out and number and nature of penalties imposed. It also requests the Government to take the necessary measures to ensure that sufficient data on the number of children and young persons under 18 years who are engaged in economic activity is available. In this regard, the Committee requests the Government to supply updated statistics from the CODENIS database and other official sources including not only statistical data on the employment of children and young persons, but also extracts from the reports of the inspection services and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s first report and the documents attached thereto.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee notes that, according to the ILO/IPEC report published in 2006, entitled “Children and Young Persons at Work in Paraguay – Developments between 2001 and 2004”, the number of children from 10 to 17 years who perform an economic activity rose from 288,717 in 2001 to 338,833 in 2004. The Committee also notes that, of this number, around 265,000 boys, girls and young persons work. Moreover, between 11.3 and 24 per cent of children and young persons carry out work that could be described as “invisible”. The Committee also notes that, according to the 2006 Household Survey, 15.2 per cent of minors from 10 to 14 years work. Children work mainly in the agricultural and informal sectors, although a high number also work as domestic servants and on the streets.

The Committee notes the information sent by the Government indicating that it has adopted a National Policy on Childhood and Adolescence (2003–13) (POLNA) and a National Action Plan for Childhood and Adolescence (2003–08) (PNA). It also notes that the National Committee for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (CONAETI) has drawn up a National Plan for the Prevention and Elimination of Child Labour and the Protection of the Work of Young Persons (2003–08). The Committee notes that, according to the information sent by the Government, the Government has directed its strategy for the elimination of child labour towards combating poverty and social inequality. In this respect, the Committee notes that the Government has adopted a national strategy to combat poverty, which provides for the awarding of educational grants to families with children who work, so that these children can stop working.

The Committee notes that Paraguay collaborates with the ILO/IPEC and that it has launched a number of projects aimed at eliminating child labour and protecting young workers. It notes, in particular, the measures taken within the framework of the ILO/IPEC project on the prevention and elimination of child domestic labour and the commercial sexual exploitation of children, such as the development of a school registration system which enables children at risk to be hired as domestic workers or those who work as domestic workers to register at school. The Committee also notes the measures taken within the framework of the Programme for the Progressive Reduction of Child Labour on the Streets (ABRAZO) which directly benefited 1,340 working boys and girls and 665 families in 2006. The Committee greatly appreciates the steps taken by the Government to combat child labour but remains concerned about the number of children and young persons who work. It strongly encourages the Government to continue its efforts to improve this situation progressively and requests that it provide information on the implementation of the projects referred to above and the results obtained in terms of the progressive abolition of child labour. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied, including, for example, extracts from the reports of inspection services, information on the number and nature of contraventions reported, etc.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to the information set forth in the report on the progress made within the framework of the implementation of national action plans on the prevention and elimination of child labour and the protection of young workers in Paraguay for the years 2005-06, the school drop-out rate for children and young persons is high. According to the report, around 10.3 per cent of children from 5 to 12 years (136,777) and 13.8 per cent of those aged from 13 to 18 (259,732) have dropped out of school. The Committee notes the Government’s indication that, under the General Education Act of 1998, the age of completion of compulsory schooling is 14 years. It also notes that, according to information from UNESCO, the Government has adopted a National Education Action Plan (2003–15). The Committee is deeply concerned by the elevated school drop-out rate and points out that poverty is one of the primary causes of child labour, which, when combined with a deficient education system, impedes the development of the child. Given that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to improve the working of the education system, in particular by reducing the school drop-out rate and increasing school attendance levels. It also asks the Government to take the necessary steps, notably within the framework of the implementation of the National Education Action Plan, to combat child labour by strengthening the measures which enable child workers to become integrated into the formal and informal schooling system or take up apprenticeships or vocational training. Finally, the Committee asks the Government to provide information in this regard, including statistics on school attendance levels and the school drop-out rate.

Article 3, paragraph 3. Hazardous work from the age of 16 years. Domestic work. 1. Legislative aspects. The Committee notes that, pursuant to section 2, paragraph 22, of Decree No. 4951 of 22 March 2005, which regulates Act No. 1657/2001 and approves the list of types of hazardous work, it is considered that domestic work and the “criadazgo” system constitute hazardous work for children. The Committee also notes that, pursuant to section 3 of the Decree, minors under 18 years are prohibited from carrying out such work. It notes that, pursuant to section 4 of Decree No. 4951, the competent authorities may authorize domestic work from the age of 16 years, providing that the education, health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, as required under Article 3, paragraph 3, of the Convention. Moreover, the Committee notes that sections 63–68 of the Childhood and Adolescence Code regulate the activity of adolescent domestic workers and that, under section 1 of Act No. 1702 establishing the scope of the terms child, adolescent and minor adult, the term adolescent refers to any human being from the age of 14 to 17 years. The Committee notes that sections 63–68 of the Childhood and Adolescence Code, read in conjunction with section 1 of Act No. 1702, appear to indicate that an adolescent from the age of 14 years may be employed as a domestic worker. In the light of the above, the Committee notes that there is some divergence between the provisions of Decree No. 4951 and those of the Childhood and Adolescence Code. It therefore asks the Government to state the age from which a child may be employed as a domestic worker.

Application in practice. As noted above, section 4 of Decree No. 4951 provides that the competent authorities may authorize domestic labour from the age of 16 years, providing that the education, health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, as required under Article 3, paragraph 3, of the Convention. In view of the fact that, as the Government states in its report, it is difficult, because of the “clandestine” nature of this work, to monitor the conditions of work of children employed as domestic workers, the Committee asks the Government to indicate the manner in which the conditions provided for by this Article of the Convention are monitored in practice.

Article 6. Apprenticeship and vocational training. The Committee notes that sections 105–118 of the Labour Code regulate apprenticeship work. It notes, however, that none of these provisions stipulate a minimum age for beginning an apprenticeship. The Committee reminds the Government that, pursuant to Article 6 of the Convention, the Convention does not apply to work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee asks the Government to indicate the age from which a person may begin an apprenticeship.

Article 7. Light work. The Committee reminds the Government that pursuant to Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons of 12 to 14 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. Noting that the national laws and regulations do not appear to regulate light work carried out by children and, taking into account the statistics found in the ILO/IPEC report published in 2006 and entitled “Children and Young Persons at Work in Paraguay – Developments between 2001 and 2004”, according to which a considerable number of children perform light work in the country, the Committee would be grateful if the Government would envisage the possibility of adopting provisions to regulate and determine the light work performed by children between 12 and 14 years of age.

Article 8. Artistic performances. The Committee notes the information provided by the Government in its report, according to which parents grant their children special permission to be involved in artistic performances. It reminds the Government that, pursuant to Article 8 of the Convention, it is possible, after consultation with the organizations of employers and workers concerned, to allow exceptions to the minimum age for admission to employment or work and grant children individual work permits for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore notes that parental authorization is not sufficient to apply this provision of the Convention. It therefore asks the Government to take the necessary steps to regulate this type of activity in accordance with Article 8 of the Convention, and to provide information in this regard.

Article 9, paragraph 1. Penalties. The Committee notes that section 5 of Decree No. 4951 of 22 March 2005 provides that the competent authorities shall identify and penalize the persons responsible for failing to apply the provisions prohibiting the employment of children in hazardous work. It notes, however, that none of the provisions in this Decree set forth the penalties applicable in the event of the violation of this prohibition. The Committee also notes that the Childhood and Adolescence Code, which contains provisions on young workers, does not provide for any penalty in the event of failure to apply the provisions concerning the work of young persons. It reminds the Government that pursuant to Article 9, paragraph 1, of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention. The Committee asks the Government to indicate the provisions of national laws and regulations which provide for the penalties applicable to persons found guilty of violating the provisions of Decree No. 4951 of 22 March 2005 and the Childhood and Adolescence Code, which regulate the activity of young workers.