Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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

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Observation

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

Articles 1(1) and 2(1) of the Convention. Debt bondage of indigenous communities in the Chaco. The Committee previously noted that the Government had taken a number of measures in response to the situation of many indigenous workers in agricultural ranches in the Paraguayan Chaco who are victims of debt bondage. It noted in particular the awareness-raising and training activities undertaken by the Commission on Fundamental Rights at Work and the Prevention of Forced Labour, as well as the creation of a subcommission in the Chaco region, with the mandate to receive complaints concerning violations of labour rights and to prepare a regional action plan on fundamental rights and the prevention of forced labour; the establishment of an office of the Department of Labour in the locality of Teniente Irala Fernandez (central Chaco); the relief activities undertaken in the context of the National Programme for Indigenous Peoples (PRONAPI). The Committee emphasized the need to strengthen the action by the various institutions engaged in combating debt bondage in the Chaco region with a view to developing systematic action that is commensurate with the seriousness of the problem.

The Committee notes that, during the discussion of the application of the Convention by the Conference Committee on the Application of Standards in June 2013, the Government reaffirmed its commitment to bringing an end to debt bondage in the indigenous communities of the Paraguayan Chaco and also in other regions of the country likely to be affected. It observes that during the discussion reference, was made to the difficulties related to the specific geographical characteristics of the Paraguayan Chaco, which can hinder public initiatives, the extreme poverty of certain communities and their debt, claims for the restitution of lands and the weak presence of state services. The Committee notes the following measures taken by the Government to overcome these difficulties:

-the creation within the labour inspectorate of a technical unit for the prevention and eradication of forced labour, which is composed of six labour inspectors whose functions include investigating complaints of forced labour on the spot, identifying victims, protecting them and providing them with guidance and ensuring better coordination with the other competent institutions (Resolution No. 1042 of 13 August 2013);
-the establishment of the Directorate for Indigenous Labour within the Ministry, which would be responsible for the coordination of the system of employment offices, inspection services and vocational training (Resolution No. 642 of 29 July 2013);
-the activities undertaken in collaboration with the International Labour Office with a view to the development of the national strategy to prevent forced labour, with the participation of workers’ and employers’ organizations and in consultation with indigenous peoples. For this purpose, a series of workshops have been organized and others are planned in several regions (including central Chaco, the department of Itapúa and the locality of Juan Caballero) so that the indigenous communities can propose the most appropriate and coherent roadmap to address the matter;
-training for magistrates and labour inspectors. In the case of labour inspectors, the workshops are intended to improve knowledge of the legislation, intervention procedures, preventive action and measures to combat forced labour;
-vocational training and further education courses for young workers in the Chaco communities;
-awareness-raising activities on workers’ rights undertaken by the Regional Labour Directorate of Chaco.

The Committee notes these measures and strongly encourages the Government to pursue its efforts in this regard. In this respect, it hopes that the Office will be able to continue providing the Government with technical assistance. The Committee recalls that, in light of the concerns expressed during the discussion of this case regarding to the persistence of the economic exploitation faced by indigenous workers in certain sectors, particularly in agriculture, the Conference Committee expressed the firm hope that the Government would take immediate and effective measures within the framework of coordinated and systematic action to eradicate any form of forced labour imposed on indigenous communities in the Chaco and other regions of the country likely to be concerned. The Committee therefore trusts that the Government will not fail to take the necessary measures to:

-adopt the national strategy to prevent forced labour and the tripartite regional plan of action for the Chaco region and ensure that they set out precise priorities and objectives in relation to prevention and protection measures for victims and that they identify the institutions responsible for their implementation;
-ensure that the measures adopted within the framework of this strategy provide responses to the situation of vulnerability affecting indigenous workers so as to protect them against the debt processes which result in debt bondage. The Committee also refers the Government to the comments that it is making under the Indigenous and Tribal Peoples Convention, 1989 (No. 169);
-provide the new technical unit for the prevention and eradication of forced labour, established within the labour inspectorate, and the office of the Department of Labour in the locality of Teniente Irala Fernandez, with appropriate resources and material means to investigate the complaints received, conduct unscheduled inspections, including in remote areas, identify victims and impose appropriate administrative sanctions;
-protect the victims identified and provide them with appropriate assistance so that they can be reintegrated and obtain compensation for the damages suffered.

The Committee expresses the firm hope that the Government will provide information on the measures taken for this purpose and that the information provided will allow the Committee to observe that tangible progress has been achieved.

Article 25. Imposition of effective penalties. (a) Penal sanctions. In the same way as the Conference Committee, the Committee of Experts once again expresses concern at the lack of information on cases brought to justice concerning forced labour practices. The Committee recalls that, under the terms of Article 25 of the Convention, criminal penalties shall be imposed and strictly enforced on persons found guilty of having exacted forced labour. In this respect, it is essential for the national legislation to contain sufficiently precise provisions to enable the competent authorities to prosecute and punish persons who impose forced labour. The Committee notes the Government’s indication that the issue of the adaptation of the national legislation is currently being examined with ILO assistance. The Committee requests the Government to provide information on the measures adopted, on the one hand, to raise the awareness of the police and the Office of the Public Prosecutor to the problem of debt bondage and to reinforce their cooperation with the labour inspection services in this regard and, on the other, to ensure that victims are able to have recourse to the competent authorities. In view of the absence of prosecutions undertaken, the Committee hopes that the Government will not fail to continue its examination of the legislation that is currently in force and take appropriate measures to ensure that the national legislation contains sufficiently precise provisions adapted to national circumstances so that the competent authorities are able to prosecute and punish those responsible for these practices.

(b) Administrative sanctions. Recalling the need to reinforce supervision by the labour inspection services, the Committee once again requests the Government to indicate the number of infringements detected by the inspection services relating to sections 47, 176 and 231 of the Labour Code respecting the protection of wages, including with regard to compliance with the minimum wage and the operation of work stores. Please provide information on the fines imposed on employers and on the compensation granted to workers. The Committee also refers to the comments made on the application of the Protection of Wages Convention, 1949 (No. 95).

Article 2(2)(c). Obligation to work imposed on non-convicted detainees. For many years, the Committee has been emphasizing the need to amend the Act on the prison system (Act No. 210 of 1970), under the terms of which prison labour shall be compulsory for persons subjected to security measures in a prison establishment (section 39 in conjunction with section 10 of the Act). The Committee recalled in this respect that, under the terms of Article 2(2)(c) of the Convention, only prisoners who have been convicted in a court of law may be subjected to the obligation to work.

The Committee notes that the Government representative indicated during the Conference Committee’s discussion that a draft Basic Act respecting the prison system had received preliminary approval in the Chamber of Deputies and was being examined by the Senate. As this matter has been the subject of the Committee’s comments for many years, and as the Committee has observed that a large majority of detainees have not been convicted in a court of law, it urges the Government to take all the necessary measures for the adoption of the draft Basic Act respecting the prison system in the very near future so as to ensure that persons who are awaiting judgment and those who are subject to security measures in a prison establishment are not under the obligation to perform prison work.

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