Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s first and second reports and the attached documentation. It also notes the observations made by the International Trade Union Confederation (ITUC) dated 30 August 2006.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, in his report of 9 December 2004 (E/CN.4/2005/78/Add.1), the Special Rapporteur on the Sale of children, child prostitution and child pornography indicates that, according to evidence gathered in the various cities during his visit to Paraguay, the trafficking of children is a widespread problem in the country. One of the reasons for this phenomenon is that the country’s borders are permeable and checks by immigration officials are rare.

The Committee notes that, in its comments, the ITUC refers to a 2005 study on the trafficking of persons in Paraguay undertaken by the NGO Grupo Luna Nueva on behalf of the International Organization for Migration (IOM). According to this study, trafficking of persons, including boys and girls, at both the international and domestic levels, is on the increase in the country. The number of cases of trafficking reported increased from eight in 2002, involving 42 women, of whom 12 were minors, to 118 in 2005, involving 495 women, of whom 145 were under 18 years of age. Furthermore, according to the same study, Paraguay is a country of origin and of destination. Of the 145 girls involved in the cases of trafficking of persons reported in 2005, around 62 per cent were taken to Argentina, approximately 28 per cent were displaced within the country and 10 per cent were removed to other countries, including Brazil. Furthermore, even though in order to leave the country children under 18 years of age require parental authorization, signed by the judicial authority, and their identity documents, this requirement is not applied in practice. The ITUC also emphasizes that the penal legislation does not prohibit the international trafficking of persons for economic exploitation or internal trafficking, and does not penalize accomplices involved in the process of trafficking. In the view of the ITUC, the reasons for which few cases of the trafficking of persons are reported and that there are few prosecutions are the absence of adequate legislation and the lack of awareness of the phenomenon in society, and particularly among the police. By way of illustration, the ITUC indicates that between 2002 and 2004, penal sanctions were only imposed in 21 cases of trafficking.

The Committee notes that section 129 of the Penal Code prohibits the use of force or threats with a view to causing a person to leave or to enter the national territory for the purposes of prostitution. It also notes that section 2(15) of Decree No. 4951 of 22 March 2005, issued under Act No. 1657/2001 approving the list of hazardous types of work, provides that activities involving the displacement of a child to other countries and the periodic movement of a child within national frontiers, are considered to be hazardous types of work. The Committee observes that, although section 129 of the Penal Code prohibits the international trafficking of persons for prostitution, it does not prohibit the international trafficking of persons for economic exploitation or domestic trafficking.

The Committee notes that convergent information demonstrates the existence of the international and domestic trafficking of young persons under 18 years of age for both economic and sexual exploitation. In this respect, it reminds the Government that Article 3(a) of the Convention requires the Government to prohibit the international and domestic sale and trafficking of young persons under 18 years for economic and sexual exploitation. The Committee observes that the national legislation applicable to this worst form of child labour displays shortcomings, which may give rise to problems in its implementation, particularly with regard to the manner in which these offences are addressed. The Committee notes that bills on tourism and sexual exploitation, including the trafficking of persons, has been prepared and is under discussion in the various government bodies. The Committee hopes that in the bills the Government will take into consideration the Committee’s comments and will prohibit the sale and trafficking of young persons under 18 years for economic and sexual exploitation. Furthermore, it also encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years against sale and trafficking for both economic and sexual exploitation and requests it to provide information on the application of sanctions in practice and, among other information, to provide reports on the number of convictions.

Clause (b). Use, procuring or offering of children for prostitution. The Committee notes that, in his report of 9 December 2004 (E/CN.4/2005/78/Add.1), the Special Rapporteur on the Sale of children, child prostitution and child pornography indicates that two out of three sex workers are minors. Most of the young persons who are victims of sexual exploitation are aged between 16 and 18 years and began working in the sex trade between the ages of 12 and 13. Children as young as 8 years of age are also involved.

The Committee notes the ITUC’S indication in its communication that, although the number of children engaged in prostitution varies, around half of those engaged in prostitution in Paraguay are minors. According to a study carried out by ILO/IPEC in June 2002 on the commercial sexual exploitation of girls and boys, out of every three persons who work in the sex industry, two are minors. Since 2004, as a result of the awareness-raising campaigns undertaken in the various cities of the country on this subject and the adoption of regulations on the closure of bars and brothels, the problem has become more clandestine. Children engaged in prostitution are now more likely to be found in flats and on the outskirts of towns. According to the ITUC, the majority of children who are victims of prostitution are girls, but the available information indicates that transsexual boys begin to work in prostitution from the age of 13 years and are often the victims of trafficking to Italy. The ITUC adds that the consequences of the sexual exploitation of children are very clear. In addition to physical and psychological ill-treatment, the majority of those engaged in this worst form of child labour drink, smoke and take drugs. Moreover, the ITUC indicates that the police do not have personnel specialized in investigations into the commercial sexual exploitation of children and the law enforcement agencies do not clearly understand that children engaged in prostitution may be victims of crime and that, in practice, they are often treated as prostitutes and criminals.

The Committee notes that sections 139 and 140 of the Penal Code prohibit the procuring and exploitation of persons engaged in prostitution. It notes that, although the national legislation is in conformity with the Convention, the use, procuring or offering of children under 18 years of age for prostitution still occurs in practice. The Committee expresses serious concern at the situation of children who are the victims of sexual exploitation in Paraguay, particularly for commercial purposes. It requests the Government to redouble its efforts to improve the situation and to take the necessary measures to ensure that effect is given to the legislation in practice and to protect children under 18 years of age from being used, procured or offered for prostitution. The Committee also requests the Government to provide information on the application of sanctions in practice including, for instance, reports on the number of convictions. Furthermore, it requests the Government to indicate whether the national legislation contains provisions criminalizing the client in the event of prostitution.

Article 5. Monitoring mechanisms. Commercial sexual exploitation. In its comments, the ITUC indicates that very few controls are carried out at borders. It is therefore very easy to transport children from Ciudad del Este or from Pedro Juan Caballero to Foz de Iguazú in Brazil, and from Encarnación and Puerto Falcón to Posadas and Clorinda in Argentina. Moreover, the Argentinian customs officers regularly apprehend minors who have crossed the Paraguayan border without being intercepted and either do not have identity documents or have documents belonging to other persons. By way of example, the ITUC indicates that, according to the IOM study, up to November 2004, Argentinian customs officers on the borders of Puerto and Falcón–Clorinda refused entry to around 9,000 persons, of whom 40 per cent were minors without proper documentation. The ITUC adds that several Paraguayan officials in the Department of Migration and Identification and the Department of Immigration believe that they do not have the authority to intervene in cases of trafficking and suppose that the offence of the trafficking of persons can only be committed in the country of destination of the victims. Accordingly, victims of trafficking are unlikely to lodge complaints as they lack confidence in the judicial system and fear reprisals from the traffickers. The Committee expresses concern at the weakness of the national institutions responsible for enforcing the legislation on the commercial sexual exploitation of children. It requests the Government to take the necessary measures to reinforce these institutions, and particularly the police, the judiciary and customs officers, and to provide information on this subject.

Article 6. Programmes of action. National Plan for the Prevention and Elimination of the Sexual Exploitation of Girls, Boys and Young Persons. The Committee takes due note of the National Plan for the Prevention and Elimination of the Sexual Exploitation of Girls, Boys and Young Persons, and the information provided on the progress achieved as a result of its implementation. It requests the Government to continue providing information on the National Plan, on programmes of action for the elimination of the commercial sexual exploitation of children undertaken in the context of the National Plan and on the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that Paraguay participated in the ILO/IPEC project on the Prevention and elimination of the commercial sexual exploitation of children on the borders between Argentina, Brazil and Paraguay. It takes due note of the fact that this project contributed to the removal of several children from this worst form of child labour on the borders between these countries and to the provision of psychological assistance to the beneficiaries of the programme.

Clauses (a) and (b). Preventing children from becoming engaged in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. 1. Commercial sexual exploitation. The Committee notes that one of the objectives of the ILO/IPEC project on the Prevention and elimination of domestic work by children and the commercial sexual exploitation of children is to prevent the engagement of children in commercial sexual exploitation and to remove children who are already engaged in this activity. The Committee notes that, during the course of 2006, around 150 children were removed from this worst form of child labour and received assistance, particularly psychological help and assistance in their schooling. At the beginning of 2007, around 50 children were detected in situations of commercial sexual exploitation. The Committee also notes that shelters for child victims of commercial sexual exploitation have been established. However, it observes that little information is available on this subject. The Committee requests the Government to continue providing information on the results achieved in the context of the implementation of this project in terms of: (a) preventing children from becoming victims of commercial sexual exploitation; and (b) providing the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. It also requests the Government to provide information on the shelters for child victims of commercial sexual exploitation, with an indication, for instance, of the number of children admitted to the shelters whether specific medical and social follow-up programmes have been prepared and implemented for these children and whether the latter receive basic education or have access to vocational training.

2. Tourism. As the country benefits from a certain level of tourism, the Committee requests the Government to indicate whether measures have been taken to raise the awareness of the actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, associations of taxi drivers, as well as owners of bars and restaurants and their employees, on the subject of sexual exploitation.

3. Teaching materials, training and awareness raising. The Committee duly notes the many preventive measures adopted with a view to preventing children from becoming victims of commercial sexual exploitation. In particular, it notes the following measures: (i) the formulation and publication of educational materials on the sexual exploitation of children; (ii) training activities on the commercial sexual exploitation of children organized for police officers in certain departments of the country and for the national police; and (iii) awareness-raising campaigns for the population. The Committee requests the Government to intensify its training and awareness-raising activities for the population and civil society.

Clause (d). Children at special risk. Children working in domestic service – the “criadazgo” system. The Committee notes the ITUC’s indication in its communication that, according to a study carried out between 2000 and 2001, over 38,000 children between the ages of 5 and 17 years worked in domestic service in the houses of others. Moreover, another group of children who are very vulnerable to exploitation, namely those engaged under the “criadazgo” system, live and work in the houses of others in exchange for accommodation, food and basic education. The numbers involved are not known since, as these children are normally considered not to be working, they are not taken into account in statistics. However, the ITUC indicates that a study undertaken in 2002 by the Documentation and Studies Centre shows that nearly 60 per cent of children working in domestic service and those engaged under the “criadazgo” system are aged 13 years and under. According to the ITUC, in so far as these children do not control their conditions of employment, a majority of them work under conditions of forced labour. The Committee notes that section 2(22) of Decree No. 4951 of 22 March 2005, issued under Act No. 1657/2001 and approving the list of hazardous types of work, provides that domestic work by children and work under the “criadazgo” system are considered to be hazardous types of work. The Committee also notes that, according to ILO/IPEC information relating to the implementation of the project on the prevention and elimination of domestic work by children and the commercial sexual exploitation of children, a system for the school enrolment of children has been developed and approved by the National Commission on the Elimination of Child Labour and the Ministry of Labour. Under this system, children at risk of being engaged in domestic service and children who worked as domestics have been enrolled in school.

The Committee takes due note of the measures adopted by the Government to protect children working as domestics against the worst forms of child labour. However, observing that children engaged in domestic work are often the victims of exploitation, which takes on widely varying forms, it requests the Government to redouble its efforts to protect these children from the worst forms of child labour. The Committee also requests the Government to provide information on the measures adopted in the context of the implementation of the project on the prevention and elimination of domestic work by children and the commercial sexual exploitation of children with a view to: (a) preventing children from being engaged as domestics; and (b) providing the necessary and appropriate direct assistance to remove child domestic workers who are victims of the worst forms of child labour and to ensure their rehabilitation and social integration.

Clause (e). Special situation of girls. The Committee notes that, according to the ITUC’s comments, activities relating to commercial sexual exploitation are linked to international trafficking networks and particularly affect girls. It requests the Government to provide information on the manner in which it intends to pay particular attention to such girls and thereby prevent them from being engaged in commercial sexual exploitation and remove them from this worst form of child labour.

Article 8. Enhanced international cooperation. The Committee notes that Paraguay is a member of Interpol, an organization which contributes to the cooperation between countries of different regions, particularly to combat the trafficking of children. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and the agencies responsible for the implementation of the law, is indispensable to prevent and combat commercial sexual exploitation, including the sale and trafficking of children for that purpose, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee therefore hopes that the Government will take the necessary measures to cooperate with countries sharing borders with Paraguay, thereby reinforcing security measures with a view to bringing an end to this worst form of child labour. It requests the Government to provide information on this subject.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to ILO/IPEC information relating to the project for the prevention and elimination of child domestic labour and the commercial sexual exploitation of children, studies have been carried out on the extent and characteristics of these two forms of child labour. The Committee requests the Government to provide copies of these studies. Furthermore, it requests it to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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