Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 117) sur la politique sociale (objectifs et normes de base), 1962 - Paraguay (Ratification: 1969)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government on the measures implemented with a view to improving the living standards of the population. The Government refers to the adoption in 2014 of the Paraguay National Development Plan 2030 (PND), which guides Government action in the short and medium term around three objectives: poverty reduction and social development; inclusive economic growth; and the integration of Paraguay into the world. In particular, the PND envisages the implementation of a series of measures to achieve equitable social development and increase the well-being of the population by improving the efficiency and transparency of public services (such as education and health), as well as access to housing and housing conditions. The PND identifies as priority population groups for the implementation of these measures those that are vulnerable, such as women, young persons, indigenous peoples, persons with disabilities and older persons. The Government reports the continued implementation of the Public Policy for Social Development 2010–20, the objectives of which include ensuring the access of the whole population to universal social goods and services which consolidate sustainable development, as well as reducing poverty and social exclusion. The Public Policy for Social Development provides that all citizens shall benefit from improved well-being, a high level of human development and greater equity in the distribution of income. The Committee refers to its observation on the application of the Employment Policy Convention, 1964 (No. 122), in which it notes the various social programmes implemented to improve the living conditions of poor and extremely poor families, such as the cash transfer programmes with co-responsibility Tekopora and Abrazo, the inclusive socio-economic support programme Tenodera, and the pilot project “Incubating Opportunities Family by Family”. The Government also reports the implementation of the assistance programme for fishers within the national territory, which provides subsidies for poor and vulnerable fishers’ families during the closed season for fishing. Moreover, on 19 September 2018, the social protection system known as Vamos was launched with the technical support of the European Union (EU) within the framework of the EUROsocial+ programme. The Government indicates that the social protection system coordinates and articulates the strategies of the various institutions with a view to guaranteeing access to social benefits for all citizens. The social protection system is based on three pillars: social assistance (non-contributory), socio-labour inclusion (labour inclusion and regulation policies) and social security (contributory). The Committee notes that, according to the report of 27 January 2017 of the United Nations Special Rapporteur on the right to food, over the past decade, the Paraguayan economy has grown by 5 per cent a year on average, which represents a higher level of growth than the majority of the neighbouring countries. During this period, there has also been an impressive reduction in poverty levels, which fell from 44 per cent in 2006 to 22 per cent in 2016. Nevertheless, the population living in extreme poverty, whose monthly per capita income does not cover the cost of a minimum food basket, amounts to approximately 687,000. Exclusion is greatest in rural areas, where extreme poverty rates are three times higher than in urban areas (A/HRC/34/48/Add.2, paragraphs 5 and 7). With reference to indigenous communities, the Committee notes that, in its concluding observations of 20 August 2019, the Human Rights Committee expressed concern at the high levels of poverty within these communities and the difficulties they face in access to education and health care, the slow progress made in registering and returning land and the consequent lack of comprehensive access to their lands and national resources (CCPR/C/PRY/CO/4, paragraph 44). The Committee requests the Government to provide detailed information, including statistics disaggregated by sex and age, on the results achieved by the Paraguay National Development Plan 2030, (PND), the Public Policy for Social Development 2010–20 and the social protection system, and on any programmes and measures intended to ensure the improvement of the standards of living of the population of Paraguay (Article 2), especially for groups in vulnerable situations, such as women, young people, persons with disabilities, older persons, small-scale producers engaged in subsistence agriculture and indigenous communities. While noting the high percentage of the population living in extreme poverty, especially in rural areas and among indigenous communities, the Committee requests the Government to take the necessary steps to ensure that such measures take into account the essential needs of workers’ families, such as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)). It also requests the Government to provide information on any measures adopted in this respect and their outcome.

Part III. Migrant workers. The Government reports the implementation of the project to strengthen the system for the administration of migration in Paraguay, with the technical support of the International Organization for Migration (IOM). Within the framework of this project, the National Migration Policy for the Republic of Paraguay was approved through Decree No. 4483/15 of 27 November 2015. Paragraph 62 of the National Migration Policy indicates that “immigrants and their family members who enter the country to stay temporarily or permanently shall be granted the same rights and constitutional and legal guarantees as nationals, including the right to decent work, social insurance, education and health, family reunion, the transmission and receipt of cash remittances in support of their families and access to justice and due process, within the framework of the corresponding laws.” In August 2016, a preliminary draft of the Migration Bill was submitted to the National Congress with the objective of restructuring, modernizing and adapting the administration of migration in Paraguay based on the approach of promoting the human rights of migrants. The Government also refers to the implementation, in collaboration with the IOM, of the project to strengthen Government capacities to combat trafficking in persons, which envisages the adoption of a series of measures with a view to combating trafficking in persons in the country, including the training of public officials, the preparation of a manual of procedures and the development of a system for the certification of victims of trafficking in persons, as well as a diagnostic analysis of trafficking of women and girls in Paraguay. The Committee requests the Government to provide updated information on the situation with regard to the consideration of the preliminary draft of the Migration Bill and to provide a copy once it has been adopted. The Committee also requests the Government to provide detailed and updated information on the impact of the National Migration Policy of the Republic of Paraguay, and any measures adopted to ensure that the terms and conditions of employment of migrant workers, both nationals and non-nationals, living away from their homes, take account of their family needs. The Committee also requests the Government to provide statistical data, disaggregated by sex and age, on the number of national and non-national migrant workers living away from their homes.

Part IV. Remuneration of workers. The Committee notes that the Government refers to various provisions of the Labour Code, which regulate the arrangements and procedures to be followed for the payment of wages to workers, in accordance with Articles 10 and 11 of the Convention. With regard to deductions from wages, the Government refers to section 240 of the Labour Code, which sets out the grounds on which a portion of the worker’s wage can be deducted, withheld or repaid, such as advances on wages made by the employer and contributions to compulsory social insurance. The Government adds that it is planned to adopt a Bill to establish a limit on deductions from wages authorized for workers in the public and private sectors, which is currently before the Senate for approval. Finally, the Government refers to section 242 of the Labour Code, which establishes the maximum amount (30 per cent of the monthly remuneration of the worker) and the manner in which advances on wages are reimbursed, in accordance with Article 12(1) of the Convention. The Committee requests the Government to provide information on the measures adopted with a view to facilitating the necessary supervision to ensure the proper payment of all wages earned and that employers keep registers of wage payments with a view to specifying the situation with regard to the payment of the wages of workers. The Committee also requests the Government to provide updated information on the situation with regard to the Bill to establish a limit on deductions from wages authorized for workers in the public and private sectors, and to provide a copy once it has been adopted.

Article 13. Voluntary forms of thrift. The Committee requests the Government to provide detailed and updated information on the measures adopted to encourage wage earners and independent producers to engage in the forms of voluntary forms of thrift envisaged by the Convention. It also requests the Government to indicate the measures adopted to protect them from usury, and particularly to specify the measures adopted with a view to reducing rates of interest on loans by controlling the operations of money lenders and by increasing facilities for borrowing money for appropriate purposes through cooperative credit organizations or through institutions under the control of the competent authority.

Part V. Non-discrimination. The Government refers to Article 88 of the National Constitution and section 9 of the Labour Code, which prohibit discrimination between workers. Section 47 of the Labour Code provides that contract clauses shall be null and void which establish on grounds of age, sex or nationality a wage lower than the pay of other workers in the same enterprise for work of equal efficiency, the same type of work and the same hours … . The Government reports the implementation of various measures to combat discrimination in all its forms. In this regard, the Government indicates that the PND envisages equality of opportunity for men and women as the transversal objective of all public policies implemented by the Government. The Government also refers to the implementation of the National Human Rights Plan, which includes a specific component on the “Transformation of structural inequalities for the enjoyment of human rights”. However, the Committee notes that, in the concluding observations of the Human Rights Committee, it expressed concern at reports about the limited implementation of the National Human Rights Plan and insufficient resources for its implementation, and at the fact that the Plan was not revised to reflect the agreements and consensus reached with State institutions and civil society prior to its adoption. The Human Rights Committee also expressed concern at the lack of a comprehensive anti-discrimination legal framework and the persistent discrimination suffered by women, persons of African descent, indigenous peoples, persons with disabilities, sex workers, lesbian, gay, bisexual, transsexual, transgender and intersex persons, and persons with HIV, especially in the areas of education, health care and employment (CCPR/C/PRY/CO/4, paragraphs 8 and 14). With reference to indigenous peoples, the Government provides a copy of the report of 29 June 2018 of the Ministry of Justice on the measures adopted in the country under the Indigenous and Tribal Peoples Convention, 1989 (No. 169). However, the Committee observes that, in its concluding observations of 4 October 2016, the Committee on the Elimination of Racial Discrimination (CERD) expressed concern that Afro-Paraguayan women and indigenous women continue to face multiple forms of discrimination with regard to … access to an adequate standard of living, education and work … (CERD/C/PRY/CO/4-6, paragraph 41). The Committee requests the Government to provide detailed and updated information on the impact of the Paraguayan National Development Plan 2030 (PND) and the National Human Rights Plan on the elimination of discrimination in practice between workers in relation to the various matters enumerated in Article 14(1) of the Convention. The Committee also requests the Government to provide updated information on any other measures adopted or envisaged in this regard.

Part VI. Education and training. The Committee refers to its direct request on the application of Convention No. 122, in which it notes the various vocational training and skills development courses provided by the National Vocational Training and Skills System (SINAFOCAL), in collaboration with workers` organizations. The Committee refers to its comments on Convention No. 122, in which it requests the Government to provide updated statistical data, disaggregated by age and sex, on the number of persons, including indigenous women and girls and those in rural areas, who are participating in education and training programmes, and the impact of the programmes on their access to decent, productive and lasting employment.