Findings on the Worst Forms of Child Labor - Paraguay

Child Labor and Forced Labor Reports

Paraguay

2015 Findings on the Worst Forms of Child Labor:

Significant Advancement

In 2015, Paraguay made a significant advancement in efforts to eliminate the worst forms of child labor. The Government raised the minimum age for employment in domestic work to 18 and introduced legislation that would create specialized child and adolescent courts. The labor inspectorate hired and trained 30 new labor inspectors and formalized an agreement with the ILO to develop child labor training modules for inspectors. The National Commission to Prevent and Eradicate the Exploitation of Children coordinated interagency meetings to draft legislation to address the worst forms of child labor and develop magistrate training to strengthen the enforcement of child labor laws. The National Secretariat for Children and Adolescents launched a national awareness-raising campaign on commercial sexual exploitation of children and opened a shelter for child and adolescent victims of human trafficking. However, children in Paraguay are engaged in the worst forms of child labor, including in cattle raising and domestic work. The funding and reach of existing social programs and law enforcement agencies are insufficient to fully address the worst forms of child labor, particularly in rural areas.

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Children in Paraguay are engaged in the worst forms of child labor, including in cattle raising and domestic work.(1-9) The 2011 National Survey of Child and Adolescent Activities found that 21 percent of all Paraguayan children are engaged in hazardous work and that approximately 91 percent of all working children perform hazardous tasks, such as carrying heavy loads or using dangerous tools.(1) A 2011 study on child labor in Paraguay’s sugarcane sector estimated that children comprise more than 25 percent of the sugarcane workforce, and about one out of four of those children suffer injuries twice a year, on average, while working.(10) Table 1 provides key indicators on children’s work and education in Paraguay.

Table 1. Statistics on Children’s Work and Education

Working children, ages 10 to 14 (% and population):

10.4 (72,036)

Working children by sector, ages 10 to 14 (%):

 

Agriculture

55.0

Industry

10.4

Services

34.6

School attendance, ages 5 to 14 (%):

94.2

Children combining work and school, ages 10 to 14 (%):

9.5

Primary completion rate (%):

89.1

Source for primary completion rate: Data from 2012, published by UNESCO Institute for Statistics, 2015.(11)
Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Encuesta Permanente de Hogares (EPH), 2014.(12)

Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity.

Table 2. Overview of Children’s Work by Sector and Activity

Sector/Industry

Activity

 

Agriculture

 

Production of cotton (6, 13, 14)

Harvesting of sugarcane (3, 6, 8-10)

Production of soy,* sesame,* wheat,* manioc,* peanuts,* beans,* and

stevia* (6, 10, 15)

Cattle raising*† and production of milk* (1, 3, 8)

Production of charcoal* (8, 14, 16, 17)

Industry

Production of bricks (1, 3, 9, 17)

Gold mining*† (3)

Limestone quarrying† (1, 3, 9)

Manufacturing soccer balls* (3)

Construction,* activities unknown (3)

Services

Domestic work† (1, 3, 5-7, 9, 18)

Transportation activities,* including collecting bus fare* (15)

Street work,† including vending, shoe shining,* and begging (1, 6, 7, 9, 17, 19, 20)

Garbage dump scavenging*† (1, 2, 21)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation sometimes as a result of human trafficking (3-6, 9, 19, 22, 23)

Domestic servitude sometimes as a result of human trafficking (1-3, 5-7, 9, 23)

Use in illicit activities, including smuggling* and drug trafficking* (2, 9, 13, 23, 24)

Debt bondage in cattle raising* (3)

Use in the production of child pornography (25-28)

Use in armed conflict,* including to perform logistical activities for armed groups* (6, 8, 9, 23, 28, 29)

* Evidence of this activity is limited and/or the extent of the problem is unknown.
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

The practice of criadazgo, a system whereby middle-class and wealthy families informally employ and house young domestic workers from impoverished families, is pervasive in Paraguay. NGOs have noted that domestic workers are particularly vulnerable to being trafficked for sexual exploitation and reported that 60 percent of rescued trafficking victims began working as domestic servants as minors.(14, 23, 28) Children from poor rural areas, in particular the Departments of Caaguazú and Alto Paraná, are subjected to commercial sexual exploitation and domestic servitude, each sometimes as a result of human trafficking, in the border areas with Argentina and Brazil and in urban areas, including Asunción, Ciudad del Este, Encarnación, and Filadelfia.(4, 5, 18, 28) The Government acknowledged the recruitment and use of child soldiers by armed groups, including the Paraguayan People’s Army and the Armed Peasant Association. Some children were recruited at the age of 14 or younger to serve as lookouts or to carry supplies and later were incorporated as full-time combatants.(6, 8, 9, 23, 28, 29) Children work alongside their parents in debt bondage on cattle ranches in the remote Chaco region.(3, 7)

The 2011 National Survey of Child and Adolescent Activities indicates that children who speak Guaraní exclusively are more likely to be involved in child labor and have higher rates of school absence as compared to other working children; poverty is pervasive in rural Paraguay, where Guaraní is the predominant language.(1, 30) School buses or other forms of public transportation are limited in rural areas. The Government has noted that girls from rural areas leave school at an earlier age than boys and estimated that 50 percent of children with disabilities could not attend school due to lack of access to public transportation.(6, 9)

Paraguay has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

 

The Government has established laws and regulations related to child labor, including its worst forms (Table 4).

Table 4. Laws and Regulations Related to Child Labor

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

Yes

14

Article 1 of Law No. 2332; Article 58 of the Childhood and Adolescence Code (31, 32)

Minimum Age for Hazardous Work

Yes

18

Article 54 of the Childhood and Adolescence Code; Article 3 of Decree No. 4951; Articles 122 and 125 of the Labor Code; Article 15 of the First Employment Law; Article 5 of Law No. 5407 on Domestic Work (31, 33-37)

Prohibition of Hazardous Occupations or Activities for Children

Yes

 

Article 54 of the Childhood and Adolescence Code; Article 2 of Decree No. 4951; Article 15 of the First Employment Law; Articles 122, 125,  and 389 of the Labor Code; Article 5 of Law No. 5407 on Domestic Work (31, 33-37)

Prohibition of Forced Labor

Yes

 

Articles 5–7 of the Comprehensive Law Against Trafficking in Persons; Articles 125, 129, 223, and 320 of the Penal Code; Articles 10 and 54 of the Constitution (38-41)

Prohibition of Child Trafficking

Yes

 

Articles 6 and 7 of the Comprehensive Law Against Trafficking in Persons; Articles 125, 129, and 223 of the Penal Code; Article 54 of the Constitution (38-41)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 135 and 223 of the Penal Code; Article 2.19 of Decree No. 4951; Article 31 of the Childhood and Adolescence Code (31, 33, 39, 41)

Prohibition of Using Children in Illicit Activities

Yes

 

Article 1 of Law No. 1657; Article 32 of the Childhood and Adolescence Code (31, 42)

Minimum Age for Compulsory Military Recruitment

Yes

18

Article 2 of Law No. 3360 (43)

Minimum Age for Voluntary Military Service

Yes

18

Article 2 of Law No. 3360 (43)

Compulsory Education Age

Yes

15

Article 2 of Law No. 4088; Article 32 of the General Education Law No. 1264 (44, 45)

Free Public Education

Yes

 

Article 76 of the Constitution; Article 32 of the General Education Law No. 1264 (38, 44)

 

In 2015, the Government of Paraguay raised the minimum age for domestic work from 16 to 18 through passage of Law No. 5407 on Domestic Work.(33, 36, 46) Also in 2015, the Paraguayan Congress introduced legislation to create specialized child and adolescent courts and strengthen the ability of the Judicial Branch to address the worst forms of child labor.(8)

The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5).

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor, Employment and Social Security (MTESS)

Enforce laws related to child labor and hazardous child labor, inspect workplaces for child labor, and fine companies found in violation of labor laws. Refer cases involving criminal violation of child labor to the Public Ministry or the National Secretariat for Children and Adolescents (SNNA).(3, 8)

National Police

Maintain a special unit of 33 police officers who handle complaints regarding trafficking in persons, including children, with offices in five cities.(3, 8)

The Public Ministry

(Prosecutor’s Office)

Enforce criminal laws, including those related to the worst forms of child labor. Investigate and prosecute violators based on complaints, its own information, or referrals from the MTESS and other agencies, such as the SNNA and the Public Defender’s Office.(3) Maintain Special Directorate to Fight the Trafficking of Persons and Commercial Sexual Exploitation of Children that works with local prosecutors nationwide to prosecute human trafficking and commercial sexual exploitation crimes.(3)

SNNA

Maintain a unit dedicated to fighting child trafficking.(3, 8) Sponsor a hotline to report cases of human trafficking and the commercial sexual exploitation of children; provide social services to trafficking victims upon receiving referrals from law enforcement agencies.(24)

The Public Defender’s Office

Maintain the Specialized Unit to Combat Human Trafficking and Sexual Exploitation of Children and Adolescents.(47)

Attorney General’s Office

Investigate and prosecute cases of child labor involving human trafficking through the Anti-Trafficking in Persons Unit. The unit is composed of 3 specialized prosecutors based in Asunción, who work with local prosecutors nationwide, and 35 assistants.(8)

Ministry of Women’s Affairs

Provide social services to female victims of human trafficking, half of whom are estimated to be children. House an office dedicated to combating trafficking of children and staffed with five dedicated personnel.(3, 8, 24)

 

Labor Law Enforcement

In 2015, labor law enforcement agencies in Paraguay took actions to combat child labor, including its worst forms (Table 6).

Table 6. Labor Law Enforcement Efforts Related to Child Labor

 

Overview of Labor Law Enforcement

2014

2015

Labor Inspectorate Funding

Unknown

Unknown (8)

Number of Labor Inspectors

26 (14)

56 (8)

Inspectorate Authorized to Assess Penalties

Yes (48)

Yes (48)

Training for Labor Inspectors

 

 

Initial Training for New Employees

N/A

Yes (8)

Training on New Laws Related to Child Labor

Unknown

Yes

Refresher Courses Provided

Yes (14)

Yes (8)

Number of Labor Inspections

Unknown

308 (49)

Number Conducted at Worksite

30 (14)

Unknown

Number Conducted by Desk Reviews

Unknown

Unknown

Number of Child Labor Violations Found

0 (14)

7 (8)

Number of Child Labor Violations for Which Penalties Were Imposed

Unknown

5 (8)

Number of Penalties Imposed That Were Collected

Unknown

2 (50)

Routine Inspections Conducted

Yes (14)

Yes (8)

Routine Inspections Targeted

Yes (14)

Yes (8)

Unannounced Inspections Permitted

Yes (8)

Yes (8)

Unannounced Inspections Conducted

Yes (8)

Yes (8)

Complaint Mechanism Exists

Yes (8)

Yes (8)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (8)

Yes (8)

 

According to the ILO’s recommendation of one inspector for every 15,000 workers in developing economies, Paraguay should employ roughly 216 inspectors in order to adequately enforce labor laws throughout the country.(51-53)

In 2015, the Ministry of Labor, Employment and Social Security (MTESS) hired 30 additional labor inspectors, of whom 12 will be assigned to regional offices, and formalized an agreement with the ILO to develop child labor training modules for inspectors. However, government agencies, international organizations, NGOs, and labor organizations agree that the funding for the labor inspectorate and the total number of labor inspectors remain inadequate to address child labor in Paraguay, particularly in the informal sector.(8, 14) The inspectorate is particularly limited by the lack of dedicated vehicles or travel funds.(8, 14) An additional constraint to labor law enforcement is the legal requirement that the Public Ministry and the MTESS secure a search warrant from a judge if an employer does not permit their entrance for a workplace inspection. There is a lack of efficient and timely cooperation by judicial authorities in granting workplace inspection search warrants, as the system is paper-based and orders routinely take more than 3 months to arrive.(3, 8, 14, 54) In 2015, the MTESS continued negotiations with the Supreme Court to create an electronic filing and communication system, allowing judges to submit and receive legal orders and information requests more quickly.(8, 14)

Criminal Law Enforcement

In 2015, criminal law enforcement agencies in Paraguay took actions to combat the worst forms of child labor (Table 7).

Table 7. Criminal Law Enforcement Efforts Related to the Worst Forms of Child Labor

Overview of Criminal Law Enforcement

2014

2015

Training for Investigators

 

 

Initial Training for New Employees

Unknown

 Yes (48)

Training on New Laws Related to the Worst Forms of Child Labor

Unknown

Yes (48)

Refresher Courses Provided

Yes (28)

 Yes (48)

Number of Investigations

Unknown

 68 (48)

Number of Violations Found

Unknown

Unknown

Number of Prosecutions Initiated

28 (28)

 60 (48)

Number of Convictions

16 (28)

 35 (48)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (8)

Yes (8)

 

In 2015, the MTESS referred three child labor cases to the Attorney General’s Anti-Trafficking in Persons Unit.(8) During the reporting period, members of a joint task force, composed of military personnel, national police, and the national anti-drug secretariat, coordinated to identify and detain three child soldiers in the San Pedro and Amambay Departments.(8) The Government placed the children, between the ages of 13 and 15, in juvenile detention facilities and assigned them a specialized public defender in children’s rights. Government representatives from several human rights units agreed to charge them. (48)

Government agencies, international organizations, NGOs, and labor organizations have observed that more specialized prosecutors are needed to support local prosecutors nationwide and to increase the Public Ministry’s ability to investigate and prosecute child labor cases involving human trafficking.(8, 14)

The Special Directorate to Fight the Trafficking of Persons and Commercial Sexual Exploitation of Children has insufficient resources, including vehicles, fuel, and logistical support, to carry out investigations, particularly in remote areas, such as the Chaco region, where the worst forms of child labor, human trafficking, and debt bondage are most prevalent. Overall, Paraguay’s law enforcement agencies lack resources, including staff and training, to sufficiently identify, investigate, and prosecute cases of the worst forms of child labor; as a result, the number of convictions of crimes related to the worst forms of child labor is insufficient, and the existing penalties are inadequate deterrents.(3, 8, 14, 55) Furthermore, there is a lack of formal referral mechanisms for agencies that receive complaints related to the worst forms of child labor, such as the National Secretariat for Children and Adolescents, to refer cases to prosecutors in the Attorney General’s Office.(3)

The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 8).

Table 8. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Commission to Prevent and Eradicate the Exploitation of Children (CONAETI)

Lead government efforts against child labor and include representatives from the MTESS, the Ministry of Justice and Human Rights, the Ministry of Women’s Affairs, the SNNA, and other government agencies, as well as labor union representatives, industry associations, and NGOs.(3, 56) In 2015, CONAETI and the MTESS met with Congressional representatives, the Attorney General’s office, and the Human Rights office of the Supreme Court to draft legislation that prohibits and establishes specific penalties for criadazgo. CONAETI also organized eight workshops for the Judicial branch and the SNNA to update the magistrate training curriculum to include legal courses related to the enforcement of child labor laws.(8, 48)

National Council for Children and Adolescents (National Council)

Establish policies to protect children’s rights and approve specific programs aimed at children and adolescents.(3, 56)

Inter-Institutional Working Group on Preventing and Combating Human Trafficking

Coordinate interagency efforts to combat all forms of trafficking in persons, including child trafficking. Headed by the Ministry of Foreign Relations.(3, 18, 56)

Defense Councils for the Rights of Children and Adolescents

Coordinate government efforts to protect children’s rights at the municipal level, including by maintaining a registry of children and youth involved in economic activities and coordinating with vocational training programs for adolescent workers.(3, 31)

National Commission of Fundamental Labor Rights and Prevention of Forced Labor

Include representatives of employers, unions, and government agencies, such as the MTESS.(14)

 

Although the National Commission to Prevent and Eradicate the Exploitation of Children organized several interagency efforts on child labor in 2015, in general, government coordination—including between the Ministries of Education and Health—is done on an informal basis and remains insufficient to combat child labor, including its worst forms.(3, 5, 8)

The Government of Paraguay has established policies related to child labor, including its worst forms (Table 9).

Table 9. Policies Related to Child Labor

Policy

Description

National Strategy for the Prevention and Eradication of Child Labor and Protection of Working Adolescents (2010–2015)

Provides access to free, quality education for child laborers and livelihood alternatives for their families. Raises public awareness of child labor and improves enforcement of child labor laws.(3, 56)

National Plan for Development (2014–2030)

Includes goals for reducing child labor as part of broader efforts to reduce social exclusion and poverty. Includes the Embrace Program, which specifically aims to reduce the worst forms of child labor.(14, 57)

National Plan on Human Rights

Includes components on child labor, forced labor, and indigenous child labor. Was established in 2012 and has no expiration date.(3)

Inter-Institutional Agreement on Government Procurement

Seeks to ensure that any goods or services procured by the Government are not produced through child labor. Was established between SNNA and the National Bureau for Public Contracts.(58)

MERCOSUR Social Labor Declaration of 2015†

Aims to promote decent work and sustainable development in the five member states of MERCOSUR, in part through commitments to uphold core labor standards, including the elimination of forced labor, the prevention and elimination of child labor, and the protection of adolescent work. Signed in Brasilia, Brazil in July 2015.(59, 60)

MERCOSUR United Against Child Labor Campaign

Develops public awareness about the need to combat child labor in MERCOSUR. Addresses child labor in agriculture, domestic work, and sexual exploitation, with particular emphasis on communities along country borders.(61)

Second Presidential Declaration on the Prevention and Eradication of Child Labor in MERCOSUR

Promotes greater coordination between governmental agencies, levels of government, and with civil society among MERCOSUR members.(62, 63)

MERCOSUR Southern Child Initiative

Aims to defend the rights of children and adolescents in the region by raising awareness and seeking coordination among member states regarding the commercial sexual exploitation of children, child trafficking and pornography, child labor, and migrant labor; by improving country legal frameworks to harmonize them with international conventions affecting children; and by exchanging best practices.(64)

Declaration of the Regional Initiative: Latin America and the Caribbean Free of Child Labor (2014–2020)

Aims to increase regional cooperation on eradicating child labor by 2020 through signatories’ efforts to strengthen monitoring and coordination mechanisms, government programs, and South-South exchanges. Reaffirms commitments made in the Brasilia Declaration from the Third Global Conference on Child Labor (October 2013), and signed by Paraguay at the ILO’s 18th Regional Meeting of the Americas in Lima, Peru, in October 2014.(65, 66)

Declaration of Cancún and Plan of Action (2015)†

In 2015, the Government of Paraguay participated in the XIX Inter-American Conference of Ministers of Labor to promote decent work with social inclusion throughout the Americas, held in Cancún, Mexico. Participating countries adopted the declaration, which aims in part to foster policies to eliminate labor exploitation, including child labor, and to promote education and vocational training for youth.(67, 68) Participating countries also adopted the Plan of Action, which prioritizes the elimination of child labor, including through data collection, enforcement of labor laws, and the development of social protection policies for children and families.(67, 69)

†Policy was approved during the reporting period.

In November 2015, USDOL and the MTESS signed a letter of understanding, noting their intent to collaborate on efforts to reduce the worst forms of child labor, increase educational and livelihood opportunities for vulnerable children and their families, and improve labor law enforcement and working conditions in Paraguay, with a particular focus on the Department of Guairá.(70, 71)

In 2015, the Government of Paraguay funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms (Table 10).

Table 10. Social Programs to Address Child Labor

Program

Description

Global Program on the Eradication of Child Labor

$4.5 million Government of Spain–funded, 3-year project implemented by the ILO-IPEC to combat child labor.(72)

Partnership Program to Eliminate Child Labor

$2.3 million Government of Brazil–funded, 4-year project implemented by the ILO-IPEC to combat child labor.(72)

 

Shout Program

Ministry of Education and Culture/ILO program to raise awareness about child labor  among students and teachers to help school administrators identify child laborers and prevent children from engaging in the worst forms of child labor.(14, 56)

Country Level Engagement and Assistance to Reduce Child Labor (2013–2017)

USDOL-funded, capacity-building project implemented by the ILO in at least 10 countries to build local and national capacity of the Government to address child labor. Aims to improve legislation addressing child labor issues, including by bringing local or national laws into compliance with international standards; improve monitoring and enforcement of laws and policies related to child labor; and enhance the implementation of national and local policies and programs aimed at the reduction and prevention of child labor in Paraguay.(73)

Global Research on Child Labor Measurement and Policy Development (2013–2017)

USDOL-funded research project implemented by the ILO in 10 countries to increase the knowledge base around child labor by collecting new data, analyzing existing data, and building capacity of the Government to conduct research in this area. In 2015, Paraguay’s Department of Statistics, Surveys and Censuses trained enumerators and implemented the first stage of the pilot survey in two departments.(74, 75)

Global Action Program on Child Labor Issues (2011–2017)

USDOL-funded project implemented by the ILO in approximately 40 countries to support the priorities of the Roadmap for Achieving the Elimination of the Worst Forms of Child Labor by 2016, established by the Hague Global Child Labor Conference in 2010. Aims to build capacity of the Government and develop strategic policies to address the elimination of child labor and forced labor in Paraguay.(76)

Paraguay Okakuaa (Paraguay Progresses) (2015–2019)*

$6 million USDOL-funded, 4-year project implemented by Partners of the Americas to combat child labor, improve labor law enforcement, and improve working conditions in Paraguay, with a focus on the Department of Guairá and a particular emphasis on providing opportunities to adolescent girls. Aims to improve data systems on labor law enforcement, increase interagency collaboration, and implement education and training programs that will benefit approximately 1,650 children and 1,350 families.(71)

Regional Action Group for the Americas (Grupo de Acción Regional para las Américas)

Regional initiative to conduct prevention and awareness-raising campaigns to combat the commercial sexual exploitation of children in Latin America. Members include Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, Paraguay, Peru, Suriname, Uruguay, and Venezuela.(77)

Southern Child Initiative (Niñ@sur)

Regional initiative to carry out public campaigns against commercial sexual exploitation, human trafficking, and child labor. Also, facilitates technical assistance to improve domestic legal frameworks to comply with international standards on those issues and supports the exchange of best practices related to victim protection and assistance.(78, 79)

Trafficking in Persons Shelter*†

Joint SNNA and religious organization program to provide housing, food, and psychological and educational assistance for up to 12 child and adolescent victims of human trafficking.(5) SNNA staff include three educators, a psychologist, and a pedagogy specialist living onsite and working with victims. Inaugurated in October 2015 and currently serving 10 victims.(5)

Combating Commercial Sexual Exploitation of Girls, Boys and Adolescents in Trips and Tourism*†

National campaign of the National Secretariat for Tourism and the Association of Female Tourism Executives to raise awareness on protecting children from commercial sexual exploitation. In 2015, provided awareness-raising materials for Asunción taxis and ran a series of public outreach events in the cities of Asunción, Salto de Guairá, and Curuguaty.(5)

Embrace Program

(Programa Abrazo)†

SNNA program to assist children engaged in exploitative work by providing them and their families with health and education services, food deliveries, and cash transfers conditioned on children’s school attendance and withdrawal from work.(56) Works closely with NGO Fortalecer in the implementation of ILO-IPEC programs and with the Sugarcane Growers’ Association, Ministry of Education and Culture, and CONAETI to set up programs tailored to at-risk children who work during the sugarcane harvesting season.(3) As of October 2015, operates in 27 districts in 11 departments, providing support to 11,288 children.(8)

Well-Being Conditional Cash Transfer Program (Tekoporã)†

Government-administered program through the Secretariat for Social Action. Provides conditional cash transfers to families in rural communities in the departments of Concepción, San Pedro, Canindeyú, Caaguazú, Caazapá, Alto Paraguay, and Presidente Hayes.(8) Incorporates aspects of the Embrace Program, such as the family monitoring methodology, to ensure beneficiary families do not allow their children to engage in child labor.(3)

Comprehensive Attention Program for Street Children and Adolescents (Programa PAINAC)†

SNNA program to provide assistance and services to children living on the streets. Program’s goal is to assist approximately 200 children.(8, 56)

Youth Apprenticeship Program

National Service of Vocational Promotion program to provide free technical training to youth between ages 15 and 29 who have completed the ninth grade in fields such as graphic arts, metalworking, and auto mechanics.(80)

Teen Apprentice Program*

Public-private partnership between the MTESS, the Social Security Institute, the National Service of Vocational Promotion, and the Chamber of Supermarkets to provide apprenticeships to youth between the ages of 15 and 18.(48, 81)

National Employment Training System

National employment training system funded through the Social Security Institute to provide free job training opportunities throughout the country for youth and adults.(82, 83)

Paraguay Youth Republic Forums

National Secretariat of Youth program to promote social dialog and youth participation in the formation of public policies regarding youth health, education, labor, and other areas.(84)

* Program was launched during the reporting period.
† Program is funded by the Government of Paraguay.

The 2012 Law Against Trafficking in Persons requires the Ministry of Women’s Affairs to provide compensation and financial assistance to victims of sexual and labor trafficking, including minors. However, the Government has not allocated funding for the Ministry of Women’s Affairs to implement such a program, and most victims did not have access to comprehensive care.(8, 14, 40, 85) Although Paraguay has programs that target child labor, the scope and funding level of these programs is insufficient to fully address the extent of the problem, and programs are limited by the absence of government education and health services in rural areas. Additional programs are needed to reach the large numbers of working children, especially in agriculture and domestic service.(8, 14) NGOs have also called for the establishment of a program to rehabilitate child soldiers.(8)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor, including its worst forms, in Paraguay (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Enforcement

Make publicly available information on the labor inspectorate’s funding levels and the number of labor inspections conducted at worksites and by desk review.

2015

Hire a sufficient number of labor inspectors to effectively enforce laws related to child labor and increase the funding and resources available to the labor inspectorate, including dedicated vehicles and travel funds, to provide adequate coverage of the workforce.

2009 – 2015

Build enforcement capacity to address children’s work in the informal sector.

2014 – 2015

Improve the cooperation mechanisms among judicial authorities and labor enforcement officials to grant search warrants for workplace inspections in a more efficient and timely manner.

2013 – 2015

Cease the incarceration of children associated with armed groups and ensure these children are referred to appropriate rehabilitation and reintegration programs.

2015

Increase efforts to prosecute crimes related to the exploitation of children in the worst forms of child labor, including by hiring and training more specialized prosecutors; providing resources, such as vehicles and fuel, to enable investigations in remote areas, such as the Chaco; developing coordination and referral mechanisms for government agencies to refer relevant cases to the Public Ministry; and increasing penalties for crimes.

2012 – 2015

Coordination

Strengthen interagency coordinating mechanisms, with particular focus on the communication between the Ministry of Education and the Ministry of Health, to combat child labor, including its worst forms.

2013 – 2015

Social Programs

Increase access to education for children living in rural and indigenous communities, including in the Chaco region, and for children with disabilities.

2014 – 2015

Further expand government programs to assist more families and children affected by the worst forms of child labor, including in agriculture, domestic servitude, and human trafficking.

2010 – 2015

Implement disarmament, demobilization, and reintegration programs for children associated with armed groups and ensure these children receive sufficient rehabilitation services.

2015

 

1.         ILO, and DGEEC. Magnitud y características del trabajo infantil y adolescente en el Paraguay; 2013.

2.         UNICEF. Situacion del Derecho a la Proteccion Infantil y Adolescente en Paraguay. Asunción; December 2014. http://www.unicef.org/paraguay/spanish/unicef-situacionderechoproteccion.pdf.

3.         U.S. Embassy- Asunción. reporting, February 3, 2014.

4.         U.S. Department of State. "Paraguay," in Trafficking in Persons Report- 2013. Washington, DC; June 19, 2013; http://www.state.gov/documents/organization/210741.pdf.

5.         U.S. Embassy- Asunción. reporting, February 1, 2016.

6.         U.S. Department of State. "Paraguay," in Country Reports on Human Rights Practices- 2014. Washington, DC; June 25, 2015; http://www.state.gov/documents/organization/236920.pdf.

7.         International Trade Union Confederation. Internationally Recognised Core Labour Standards in Paraguay. Geneva; 2011. http://www.ituc-csi.org/IMG/pdf/Paraguay_cls.pdf.

8.         U.S. Embassy- Asunción. reporting, January 15, 2016.

9.         U.S. Department of State. "Paraguay," in Country Reports on Human Rights Practices- 2015. Washington, DC; April 13, 2016; http://www.state.gov/documents/organization/253245.pdf.

10.       ICF Macro. Child Labor in the Sugarcane Industry in Paraguay: Quantitative Research and Data Collection. Calverton, MD; October 2011.

11.       UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary. Total. [accessed December 16, 2015]; http://data.uis.unesco.org/. Data provided is the gross intake ratio to the last grade of primary school. This measure is a proxy measure for primary completion. This ratio is the total number of new entrants in the last grade of primary education, regardless of age, expressed as a percentage of the population at the theoretical entrance age to the last grade of primary. A high ratio indicates a high degree of current primary education completion. Because the calculation includes all new entrants to last grade (regardless of age), the ratio can exceed 100 percent, due to over-aged and under-aged children who enter primary school late/early and/or repeat grades. For more information, please see the “Children's Work and Education Statistics: Sources and Definitions” section of this report.

12.       UCW. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Encuesta Permanente de Hogares (EPH), 2014. Analysis received December 18, 2015. Reliable statistical data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms. As a result, statistics on children’s work in general are reported in this chart, which may or may not include the worst forms of child labor.  For more information on sources used, the definition of working children and other indicators used in this report, please see the “Children's Work and Education Statistics: Sources and Definitions” section of this report.

13.       U.S. Department of State. "Paraguay," in Country Reports on Human Rights Practices- 2012. Washington, DC; April 19, 2013; http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2012&dlid=204470.

14.       U.S. Embassy- Asunción. reporting, January 15, 2015.

15.       U.S. Department of State. "Paraguay," in Country Reports on Human Rights Practices- 2013. Washington, DC; February 27, 2014; http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper.

16.       La Coordinadora para la Eliminación del Trabajo Infantil, and IPEC. Dejame ser niño, Dejame ser niña [DVD]. Paraguay; 2011, 13 min., 21 sec.,

17.       Dequeni Foundation official. Interview with USDOL official. July 5, 2011.

18.       U.S. Embassy- Asunción. reporting, March 5, 2014.

19.       Vasquez, A. Construyendo una estrategia de supervivencia que no las lleve a la calle. Asunción, Grupo Luna Nueva; April 2011.

20.       ILO Committee of Experts. Individual direct request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Paraguay (ratification: 2001) Published: 2014; accessed April 17, 2014; http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3149343:NO.

21.       ABC Color. "Muchas “Liz” siguen en Cateura." abc.com.py [online] February 10, 2014 [cited March 25, 2015]; http://www.abc.com.py/nacionales/muchas-liz-siguen-en-cateura-1213703.html.

22.       Secretaria Nacional de la Ninez y la Adolescencia. Situación sobre CRIADAZGO en nuestro país, Government of Paraguay, [online] February 26, 2014 [cited April 16, 2015]; http://www.snna.gov.py/noticia/142-situacin-sobre-criadazgo-en-nuestro-pas.html#.VTARp9zF98F.

23.       U.S. Department of State. "Paraguay," in Trafficking in Persons Report- 2015. Washington, DC; July 27, 2015; http://www.state.gov/documents/organization/243561.pdf.

24.       U.S. Embassy- Asunción. reporting, February 1, 2013.

25.       ABC Color. "Pornografía infantil: poca ayuda de proveedores." abc.com.py [online] April 6, 2015 [cited February 17, 2016]; http://www.abc.com.py/nacionales/poca-ayuda-de-las-proveedoras-de-internet-1353780.html.

26.       ABC Color. "Cae español por pornografía infantil." abc.com.py [online] February 10, 2016 [cited February 17, 2016]; http://www.abc.com.py/edicion-impresa/judiciales-y-policiales/cae-espanol-por-pornografia-infantil-1451907.html.

27.       ABC Color. "Imputan a modelo por pornografía infantil." abc.com.py [online] May 13, 2015 [cited February 17, 2016]; http://www.abc.com.py/nacionales/imputan-a-modelo-por-pornografia-infantil-1366453.html.

28.       U.S. Embassy- Asunción. reporting, February 17, 2015.

29.       U.S. Department of State. "Paraguay," in Trafficking in Persons Report- 2014. Washington, DC; June 20, 2014; http://www.state.gov/documents/organization/226848.pdf.

30.       Rural Poverty Portal. Rural poverty in Paraguay, International Fund for Agricultural Development, [online] [cited May 4, 2015]; http://www.ruralpovertyportal.org/country/home/tags/paraguay.

31.       Government of Paraguay. Código de la Niñez y la Adolescencia, No. 1680, enacted May 30, 2001. http://www.senado.gov.py/leyes/ups/leyes/26031680.doc.

32.       Government of Paraguay. Ley No. 2332, enacted December 19, 2003. http://paraguay.justia.com/nacionales/leyes/ley-2332-dec-19-2003/gdoc/.

33.       Government of Paraguay. El Listado de Trabajo Infantil Peligroso, Decree 4951, enacted March 22, 2005. http://white.oit.org.pe/ipec/boletin/documentos/decreto_tip_aprobado.pdf.

34.       Government of Paraguay. Código del Trabajo, No. 213, enacted June 15, 1993. http://www.bacn.gov.py/MjYwOA==&ley-n-213.

35.       Government of Paraguay. Ley No. 1980/02 De Primer Empleo, enacted September 20, 2002. http://www.cird.org.py/juventud/primer_empleo/docs/ley_primer_empleo.doc.

36.       Government of Paraguay. Ley No. 5407 Del Trabajo Domestico, enacted October 12, 2015. http://www.gacetaoficial.gov.py/uploads/pdf/2009/2009-10-15/gaceta_3280_FKKHEIJAIGHDEJACFJJHIGJCFHGEECFJBEGFCEGK.pdf.

37.       Government of Paraguay. Ley Nº 496 Que Modifica, Amplia y Deroga Articulos de la Ley 213/93, Codigo del Trabajo, enacted August 22, 1995. http://www.mtess.gov.py/index.php/download_file/view_inline/536.

38.       Government of Paraguay. Constitución Política de 1992, enacted June 20, 1992.

39.       Government of Paraguay. Código Penal de Paraguay, No. 1.160/97, enacted November 26, 1997.

40.       Government of Paraguay. Ley Integral Contra la Trata de Personas, No. 4788, enacted September 6, 2012.

41.       Government of Paraguay. Ley Nº 3.440/08 Que Modifica Varias Disposiciones de la Ley N° 1.160/97, Código Penal, enacted July 16, 2008. http://www.pj.gov.py/images/contenido/ddpi/leyes/ley-3440-2008-que-modifica-el-codigo-penal.pdf.

42.       Government of Paraguay. Ley No. 1657, enacted January 10, 2001. http://paraguay.justia.com/nacionales/leyes/ley-1657-jan-10-2001/gdoc/.

43.       Government of Paraguay. Ley que Deroga el Artículo 10 y Modifica el Artículo 5 de la Ley Número 569/75 "Del Servicio Militar Obligatorio", No. 3360, enacted November 6, 2007. http://paraguay.justia.com/nacionales/leyes/ley-3360-nov-2-2007/gdoc/.

44.       Government of Paraguay. Ley General de Educación, No. 1264/98, enacted April 21, 1998.

45.       Government of Paraguay. Ley N 4088 Que Establece la Gratuidad de la Educacion Inicial y de la Educacion Media, enacted May 20, 2010. http://www.bacn.gov.py/NTg5&ley-n-4088.

46.       ILO. Ratifications of C189 - Domestic Workers Convention, 2011 (No. 189), ILO, [online] [cited February 16, 2016]; http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:3796953453763655::::P11200_INSTRUMENT_SORT:4.

47.       Ministerio Público. Lucha contra la Trata de Personas, Government of Paraguay, [online] [cited February 17, 2016]; http://www.ministeriopublico.gov.py/lucha-contra-la-trata-de-personas-i244.

48.       US Embassy Asunción official. E-mail communication to USDOL official. June 20, 2016.

49.       Secretaría del Trabajo y Previsión Social Banco de Buenas Practicas Sobre Inspección Laboral en Iberoamérica. Paraguay - Ficha de país; accessed July 14, 2016; http://bancoinspeccioniberoamerica.stps.gob.mx/Publico/Index.aspx.

50.       US Embassy Asunción official. E-mail communication to USDOL official. June 30, 2016.

51.       UN. World Economic Situation and Prospects 2012 Statistical Annex. New York; 2012. http://www.un.org/en/development/desa/policy/wesp/wesp_current/2012country_class.pdf. For analytical purposes, the Development Policy and Analysis Division (DPAD) of the Department of Economic and Social Affairs of the United Nations Secretariat (UN/DESA) classifies all countries of the world into one of three broad categories: developed economies, economies in transition, and developing countries. The composition of these groupings is intended to reflect basic economic country conditions. Several countries (in particular the economies in transition) have characteristics that could place them in more than one category; however, for purposes of analysis, the groupings have been made mutually exclusive. The list of the least developed countries is decided upon by the United Nations Economic and Social Council and, ultimately, by the General Assembly, on the basis of recommendations made by the Committee for Development Policy. The basic criteria for inclusion require that certain thresholds be met with regard to per capita GNI, a human assets index and an economic vulnerability index. For the purposes of the Findings on the Worst Forms of Child Labor Report, “developed economies” equate to the ILO’s classification of “industrial market economies; “economies in transition” to “transition economies,” “developing countries” to “industrializing economies, and “the least developed countries” equates to “less developed countries.” For countries that appear on both “developing countries” and “least developed countries” lists, they will be considered “least developed countries” for the purpose of calculating a “sufficient number” of labor inspectors.

52.       Central Intelligence Agency. The World Factbook, CIA, [online] [cited March 18, 2016]; https://www.cia.gov/library/publications/the-world-factbook/fields/2095.html#131. Data provided is the most recent estimate of the country’s total labor force. This number is used to calculate a “sufficient number” of labor inspectors based on the country’s level of development as determined by the UN.

53.       ILO. Strategies and Practice for Labour Inspection. Geneva, Committee on Employment and Social Policy; November 2006. http://www.ilo.org/public/english/standards/relm/gb/docs/gb297/pdf/esp-3.pdf. Article 10 of ILO Convention No. 81 calls for a “sufficient number” of inspectors to do the work required. As each country assigns different priorities of enforcement to its inspectors, there is no official definition for a “sufficient” number of inspectors. Amongst the factors that need to be taken into account are the number and size of establishments and the total size of the workforce. No single measure is sufficient but in many countries the available data sources are weak. The number of inspectors per worker is currently the only internationally comparable indicator available. In its policy and technical advisory services, the ILO has taken as reasonable benchmarks that the number of labor inspectors in relation to workers should approach: 1/10,000 in industrial market economies; 1/15,000 in industrializing economies; 1/20,000 in transition economies; and 1/40,000 in less developed countries.

54.       ILO Committee of Experts. Individual Direct Request concerning Labour Inspection Convention, 1947 (No. 81) Paraguay (ratification: 1967) Published: 2014; accessed October 31, 2014; http://www.ilo.org/dyn/normlex/en/f?p=1000:11003:0::NO:::.

55.       ILO Committee of Experts. Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Paraguay (ratification: 2001) Published: 2014; accessed October 31, 2014; http://www.ilo.org/dyn/normlex/en/f?p=1000:11003:0::NO:::.

56.       Government of Paraguay. Written Communication Submitted in response to U.S. Department of Labor Request for Information; February 1, 2013

57.       Government of Paraguay. Paraguay para todos y todas: Propuesta de Política Pública para el Desarrollo Social 2010-2020. Asunción; 2010. http://www.mag.gov.py/POLITICAS%20PUBLICAS/PPDS%202010%202020.pdf.

58.       Secretaría Nacional de la Niñez y la Adolescencia and Dirección Nacional de Contrataciones Públicas. Convenio de Cooperación Interinstitutional entre la Secretaria de la Niñez y la Adolescencia (SNNA) y la Dirección Nacional de Contrataciones Públicas (DNCP); 2010. http://white.oit.org.pe/ipec/alcencuentros/interior.php?notCodigo=1778.

59.       Las Presidentas y los Presidentes de los Estados Partes del Mercado Común del Sur. "Declaración Sociolaboral del MERCOSUR del 2015." July 17, 2015 [cited May 25, 2016]; http://www.mercosur.int/innovaportal/file/4506/1/es_declaracion-sociolaboral.pdf.

60.       MERCOSUR. "Cumbre MERCOSUR aprueba nueva Declaración Sociolaboral." [online] July 17, 2015 [cited June 8, 2016]; http://www.mercosur.int/innovaportal/v/6936/2/innova.front/cumbre-mercosur-aprueba-nueva-declaracion-sociolaboral.

61.       ILO. "El MERCOSUR unido contra el trabajo infantil." ilo.org [online] April 13, 2012 [cited May 15, 2014]; http://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_178923/lang--es/index.htm.

62.       International Labour Organization. Tercer Programa de Trabajo Decente por País para Argentina, período 2012 a 2015. Buenos Aires, ILO; 2013. http://www.ilo.org/buenosaires/programas-trabajo-decente-argentina/WCMS_206417/lang--es/index.htm.

63.       MERCOSUR. Segunda declaración presidencial sobre prevención y erradicación del trabajo infantil en el Mercosur. Mendoza, Argentina; June 29, 2012. http://www.mercosur.int/innovaportal/file/4506/1/segunda_declaracion_presidencial_sobre_prevencion_trabajo_infantil.pdf.

64.       Iniciativa Niñ@Sur. Recomendaciones sobre derechos y asistencia a las niñas, niños, y adolescentes víctimas de trata, tráfico, explotación sexual y/o ventaUNICEF. http://www.unicef.org/argentina/spanish/iniciativa_ninio_sur.pdf.

65.       ILO. "18th American Regional Meeting - Latin America and Caribbean Sign a Declaration to Free the Region from Child Labour." ilo.org [online] October 17, 2014 [cited December 1, 2014]; http://www.ilo.org/caribbean/WCMS_314428/lang--en/index.htm.

66.       United Nations News Centre. "At UN-backed forum, Latin American, Caribbean nations pledge robust efforts against child labour." un.org [online] October 15, 2014 [cited 2015]; http://www.un.org/apps/news/story.asp?NewsID=49082#.VHyeYdLF98E.

67.       Organization of American States. Meeting of the XIX Inter-American Conference of Ministers of Labor (IACML) - List of Participants, OAS, [previously online] [cited December 15, 2015]; http://www.oas.org/en/sedi/dsi/labor_and_employment/pages/cpo_trab_IIPreparatoryXIX_IACML.asp [source on file].

68.       Organization of American States. Meeting of the XIX Inter-American Conference of Ministers of Labor (IACML) - Declaration of Cancún 2015: "Achieving Decent Work with Social Inclusion and Sustainable Development in the Americas", OAS, [previously online] [cited December 15, 2015]; https://www.oas.org/en/sedi/dsi/labor_and_employment/pages/cpo_trab_XIX_cimt.asp#DOCUMENTS1 [source on file].

69.       Organization of American States. Meeting of the XIX Inter-American Conference of Ministers of Labor (IACML) - Plan of Action of Cancún: "Achieving Decent Work with Social Inclusion and Sustainable Development in the Americas", OAS, [previously online] [cited December 15, 2015]; https://www.oas.org/en/sedi/dsi/labor_and_employment/pages/cpo_trab_XIX_cimt.asp#DOCUMENTS1 [source on file].

70.       Letter of Understanding Between the U.S. Department of Labor and the Ministry of Labor, Employment and Social Security of the Republic of Paraguay. Washington, DC; November 6, 2015.

71.       U. S. Department of Labor. Department of Labor, Government of Paraguay commit to support new $6 million program to combat child labor, USDOL, [online] [cited February 18, 2016]; http://www.dol.gov/opa/media/press/ilab/ILAB20152177.htm.

72.       ILO-IPEC Geneva official. E-mail communication to USDOL official. April 4, 2014.

73.       ILO-IPEC. Country Level Engagement and Assistance to Reduce Child Labor (CLEAR) project. Geneva; October 2014.

74.       ILO-IPEC. Technical Progress Report [MAP]. Geneva; October 2014.

75.       ILO-IPEC. Technical Progress Report [MAP]. Geneva; October 2015.

76.       ILO-IPEC. Global Action Program on Child Labor Issues. Technical Progress Report. Geneva; October 2014.

77.       Grupo de Acción Regional para las Américas. Inicio, Grupo de Acción Regional para las Américas, [online] [cited March 4, 2016]; http://www.grupodeaccionregional.gob.ec/.

78.       Child Rights Information Network. MERCOSUR, CRIN, [online] [cited March 11, 2016]; https://www.crin.org/en/guides/un-international-system/regional-mechanisms/mercosur.

79.       Argentine Secretary of Human Rights. Iniciativa Niñ@Sur, Argentine Secretary of Human Rights, [previously online] [cited January 17, 2013]; http://www.niniosur.com/index.asp [source on file].

80.       Servicio Nacional de Promoción Profesional (SNPP). Continúan las inscripciones para los cursos de Mecánica, Metalmecánica y Artes Gráficas dirigidos a jóvenes, SNPP, [online] January 24, 2016 [cited April 29, 2016]; http://www.snpp.edu.py/noticias-snpp/1057-contin%C3%BAan-las-inscripciones-para-los-cursos-de-mec%C3%A1nica,-metalmec%C3%A1nica-y-artes-gr%C3%A1ficas-dirigidos-a-j%C3%B3venes.html?highlight=WyJqXHUwMGYzdmVuZXMiXQ==.

81.       Servicio Nacional de Promoción Profesional (SNPP). SNPP y Cámara de Comercio del Paraguay acuerdan desarrollar un programa de aprendizaje para jóvenes, SNPP, [online] [cited June 22, 2016]; http://www.snpp.edu.py/noticias-snpp/491-snpp-y-c%C3%A1mara-de-comercio-del-paraguay-acuerdan-desarrollar-un-programa-de-aprendizaje-para-j%C3%B3venes.html.

82.       Agencia de Información Paraguaya. Sinafocal cumple 15 años formando a jóvenes y adultos, Agencia de Información Paraguaya, [online] December 26, 2015 [cited April 29, 2016]; http://www.ip.gov.py/ip/?p=73182.

83.       Sistema Nacional de Formación y Capacitación Laboral (SINAFOCAL). Marco Legal, Government of Paraguay, [online] [cited April 29, 2016]; http://www.sinafocal.gov.py/index.php/marco-legal.

84.       Secretaría Nacional de la Juventud (SNJ). Foros “Paraguay República Joven”, Government of Paraguay, [online] [cited April 29, 2016]; http://www.snj.gov.py/pagina/69-foros-paraguay-republica-joven.html.

85.       U.S. Embassy- Asunción. reporting, April 30, 2015.