Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Convention (n° 29) sur le travail forcé, 1930 - Paraguay (Ratification: 1967)

The Committee notes the Government's report and its annexes.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. In its previous observations, the Committee referred to section 39 of Act No. 210 of 1970, which makes work compulsory for detainees. Section 10 of the same Act defines as detainees not only convicted persons, but also persons subject to security measures in a prison establishment. The Committee notes the information provided by the Government in its report to the effect that, under section 40 of the Penal Code with respect to labour by convicts, only persons who are convicted are obliged to work and that a new Bill regarding the prison system, amending Act No. 210 of 1970, is currently under examination.

The Committee recalls once again that under Article 2, paragraph 2(c), of the Convention, work or service may only be exacted from a person as a consequence of a conviction in a court of law. Persons who are detained but have not been convicted must not be compelled to perform any type of work.

The Committee once again expresses the hope that the necessary measures will finally be taken to resolve the incompatibility which has existed for a long time between the legislation and Article 2, paragraph 2(c), of the Convention and that the Government will provide information on measures adopted in this respect.

2. In its previous observation, the Committee noted the comments made by the World Confederation of Labour (WCL) in October 1997.

In those comments, the trade union organization alleged, on the basis of the information contained in the publication by Anti-Slavery International Enslaved peoples in the 1990s, the existence of situations of debt bondage in indigenous communities in Chaco. In many cases, the wages of indigenous workers in some of the estates in Chaco are less than half the statutory minimum wage. Consequently, the workers need to obtain basic food supplies and products of primary necessity from ranch stores on credit or at excessively high prices. At the end of the month, their debt is higher than the amount of their wages. According to these allegations, even in estates in which the highest wages are paid, the workers in practice receive no pay due to the debts they have contracted.

The WCL's comments were transmitted to the Government in November 1997 so that it could make the observations thereon which it considered appropriate. The Committee notes that in its report, provided in November 1999, the Government states that it lacks information on the matters raised in the WCL's communication.

The Committee notes that the information referred to in the WCL's comments relate to alleged situations of debt bondage and that such practices are in widespread and serious violation of the prohibition of forced labour and the protection provided by the Convention for the freedom of workers.

The Committee requests the Government to investigate these serious allegations and to provide information on any measures which may have been taken or be envisaged to eliminate such practices and ensure compliance with the Convention.