Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Debt bondage of indigenous communities in the Chaco. In its previous observation the Committee once again expressed its concern about the existence of cases of debt bondage in the indigenous communities of the Chaco. It noted the report Debt bondage and marginalization in the Chaco of Paraguay, carried out under the technical cooperation project called “Forced labour, discrimination and poverty reduction among indigenous peoples”, which is part of the Special Action Programme to combat Forced Labour (SAP-FL) of the ILO. The investigation summarized in the report confirms the existence of forced labour practices, specifying a number of factors that lead to situations of forced labour encountered by many indigenous workers on the estates of Chaco: the payment of wages to workers that are below the legal minimum; providing them with insufficient quantities of food; charging excessive prices for those provisions available for purchase, there being no access on the estates to other markets or means of subsistence (hunting and fishing); and the payment of partial or total wages in kind. All of these lead to the indebtedness of workers which obliges them, and in many cases their families as well, to work permanently on the estates. The report was confirmed during workshops conducted separately with organizations of employers and workers as well as for the inspection services.

The Committee also noted the comments of the International Trade Union Confederation (ITUC) concerning violations of section 47 of the Labour Code, which provides that a contract will be void when it fixes a salary under the minimum wage or if it involves direct or indirect obligations to buy goods or food from shops, businesses or a place determined by the employer. Articles 231 and 176 of the Labour Code provide that only 30 per cent of wages can be paid in kind, and the value of these goods must be the same as those at the nearest urban settlement. The ITUC asserts that such provisions are not being enforced in practice, thus creating conditions of indebtedness leading the indigenous workers of the Chaco into situations of forced labour.

The Committee observed that debt bondage constituted forced labour within the meaning of the Convention and a serious violation of the same, and it hoped that in its next report the Government would communicate information on the various measures taken or envisaged to combat practices by which forced labour is imposed on the indigenous workers of Chaco.

The Committee notes the discussion which took place in the Committee on the Application of Standards of the Conference in 2008 and its conclusions, in which it manifested its concern about the consequences for the indigenous workers of their situation as landless peasants, as well as the vulnerability of these workers. The Conference Committee considered that measures of an urgent nature needed to be taken.

Measures taken by the Government

Decent Work Country Programme. The Committee notes that the Government, through a tripartite initiative, has concluded a Decent Work Country Programme with the ILO, of which the objectives include better compliance with labour standards, through programmes to eradicate forced labour and the worst forms of child labour as well as strengthening labour inspection and the adaptation of Paraguayan laws to the ILO Conventions ratified by the country.

Commission on Fundamental Rights at Work and the Prevention of Forced Labour. Action plan concerning forced labour. The Committee notes that by Resolution of the Minister of Labour and Justice No. 230 of March 2009 a Commission on Fundamental Rights at Work and the Prevention of Forced Labour was established. The action plan developed by the Commission includes, besides actions of awareness raising among sectors of workers and employers, a radio campaign of one month to raise awareness among the society at large and a training activity for labour inspectors followed by a visit to rural establishments. An investigation concerning indigenous women and discrimination is also planned. In addition, an Office of Labour Administration in the locality Teniente Irala Fernández (Chaco) has been established.

The Committee takes due note of the actions undertaken by the Government with a view to the eradication of forced labour of the indigenous communities of Chaco; however, the measures taken so far, although they are a first step, must be reinforced and lead to systematic action which is commensurate with the dimensions and gravity of the problem, if the latter is to be solved.

The Committee hopes that the Government will provide information about the mandate and functioning of the Office of Teniente Irala Fernández (Chaco), and the mechanisms foreseen for reporting cases of forced labour (procedures, competent authorities, judicial assistance). Given the principal role in the fight against forced labour played by the inspection services, the Committee hopes that the Government will provide information about the activities of these services and the measures taken to reinforce them.

The Committee further hopes that the Government will provide information about the number of cases in which the inspection services have detected infringements of sections 47, 176, and 231 of the Labour Code and refers it to the comments made on the application of the Protection of Wages Convention, 1949 (No. 95), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Article 25. Penalties for the exaction of forced labour. The Committee recalls that by virtue of Article 25 of the Convention, criminal sanctions shall be imposed, and strictly enforced, upon those found guilty of having imposed forced labour. The Committee requests the Government to communicate information about the measures taken or envisaged to ensure the application of Article 25 of the Convention, including information about provisions of national legislation which prescribe penalties to those responsible for the exaction of forced labour and copies of relevant judgements.

Article 2, paragraph 2(c). Obligation to work imposed on non-convicted detainees. The Committee notes that the Government has not provided the information requested with regard to the amendment of section 39 of Act No. 210 of 1970, which provides that work shall be compulsory for detainees. Section 10 of the above Act defines detainees as not only convicted persons, but also persons subjected to security measures in a prison establishment. The Committee recalled that persons who have been detained but not convicted shall not be obliged to carry out any type of work.

The Committee had noted the Draft Code on the Execution of Sentences, communicated by the Government in its report of 2006. Sections 127, 68 and 69 of the Draft Code, read together, provide for the obligation to work of convicted persons, those sentenced to a term of imprisonment pursuant to a final judgement rendered by a competent court. If these provisions are adopted they would be in compliance with Article 2(2)(c) of the Convention under which work or service can only be imposed on an individual by virtue of a conviction in a court of law. The Committee noted, however, that section 34 of the Draft Code states: “Provided they are compatible with the status of persons as detainees, do not contradict the principle of presumption of innocence, and are more favourable and useful for protecting said persons, the provisions relating to the living conditions and standards of conduct of Title III shall apply”. The Committee observed in this respect that Title III, Chapter 7, of the Draft Code contains provisions relating to compulsory work by convicted persons which, by virtue of section 34, could be applied to detainees. It would therefore be necessary, in order to eliminate the possibility of imposing work upon those who are in preventive detention, that this be explicitly prohibited, with the clarification that the detainee could work if he so requested.

The Committee hopes that in its next report the Government will be able to indicate that the national legislation has been brought into conformity with the Convention, and that it will communicate a copy of the Code on the Execution of Sentences once it has been adopted.