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2017 Findings on the Worst Forms of Child Labor: Paraguay

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2017 Findings on the Worst Forms of Child Labor: Paraguay Paraguay SIGNIFICANT ADVANCEMENT In 2017, Paraguay made a significant advancement in efforts to eliminate the worst forms of child labor. The government approved a regulation to strengthen enforcement of labor laws and standards, including on child labor, and established a fund with the International Organization for Migration to provide immediate assistance to victims of child labor and human trafficking. The Ministry of Labor, Employment, and Social Security also established a regional office in Villarrica, released labor law enforcement statistics, and law enforcement officials attended training on labor trafficking. In addition, the government increased child and forced labor investigations in the remote Chaco region, where labor exploitation in Paraguay is most prevalent. However, children in Paraguay are engaged in the worst forms of child labor, including cattle raising and domestic servitude. Limited funding for law enforcement agencies and social programs hamper the government’s ability to fully address the worst forms of child labor, particularly in rural areas. I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR Children in Paraguay engage in the worst forms of child labor, including in cattle raising and domestic servitude, sometimes as a result of human trafficking. (1; 2; 3; 4; 5; 6; 7; 8; 9) The 2011 National Survey of Child and Adolescent Activities found that 21 percent of all Paraguayan children were engaged in hazardous work. (2) The 2015 Survey of Activities of Rural Area Children and Adolescents, published in 2016, identified 384,677 children engaged in child labor in agriculture. (1) Table 1 provides key indicators on children’s work and education in Paraguay. Table 1. Statistics on Children’s Work and Education Figure 1. Working Children by Sector, Ages 10-14 Children Age Percent Working (% and population) 10 to 14 8.2 (56,492) Attending School (%) 5 to 14 94.8 Combining Work and School (%) 10 to 14 7.1 Primary Completion Rate (%) 89.1 Agriculture Services 41.8% 47.7% Source for primary completion rate: Data from 2012, published by UNESCO Institute for Statistics, 2018. (10) Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Encuesta Permanente de Hogares (EPH), 2016. (11) Industry 10.5% 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 manioc/cassava, corn, beans, peanuts, sesame, sugarcane, tomato, lettuce, melons, sweet potato, peppers, onion, carrots, cabbage, yerba mate (stimulant plant), soy, wheat, stevia, and charcoal (1; 12; 13; 14; 15; 16; 5) Raising poultry, pigs, cattle,† sheep, and goats and producing milk (2; 13; 14) Fishing, including using hooks and harpoons,† preparing bait, and cleaning fish† (1) Industry Construction, activities unknown, and production of bricks (2; 12; 14; 5) Limestone quarrying† and gold mining† (2; 12; 14; 5; 17) 2017 FINDINGS ON THE WORST FORMS OF CHILD LABOR 1 Paraguay SIGNIFICANT ADVANCEMENT Table 2. Overview of Children’s Work by Sector and Activity (cont) Sector/Industry Activity Services Domestic work† (2; 18; 14; 19; 4; 7; 8; 20; 6) Street work,† including vending, shoe shining, and begging (2; 12; 19; 21; 5; 9) Horse jockeying (5) Garbage dump scavenging† (2; 3; 22) Categorical Worst Debt bondage in cattle raising, dairy farms, and charcoal factories (12; 5; 23; 24) Forms of Child Commercial sexual exploitation and domestic servitude, each sometimes as a result of human Labor‡ trafficking (3; 25; 5; 24; 6; 9) Use in the production of child pornography (12; 26; 27; 28; 29; 5) Use in illicit activities, including smuggling and drug trafficking (3; 12; 30; 5) † 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. Criadazgo, a practice in which middle-class and wealthy families informally employ and house child domestic workers from impoverished families, is pervasive in Paraguay; the 2011 National Survey of Child and Adolescent Activities estimated that more than 46,000 children were engaged in criadazgo. Many of these children are in situations of domestic servitude, subjected to violence and abuse, and highly vulnerable to sex trafficking. (2; 12; 8; 15; 29; 5; 24; 9) Children are subjected to commercial sexual exploitation in Ciudad del Este; in the Tri-Border area between Paraguay, Argentina and Brazil; and along commercial shipping routes on the Paraguay River. (24; 5) Children work alongside their parents in debt bondage on cattle ranches, dairy farms, and charcoal factories in the remote Chaco region. (12; 5; 23; 24) Children shine shoes on the street and in the Palace of Justice, the Supreme Court building. (12) Children from rural and indigenous communities face difficulties accessing and completing their education, including language barriers. (31; 32) The 2011 National Survey of Child and Adolescent Activities indicated that children who speak Guaraní exclusively are more likely to be involved in child labor and have higher rates of school absence compared to other working children; poverty is pervasive in rural Paraguay, where Guaraní is the predominant language. (2; 33) School buses or other forms of public transportation are limited in rural areas, and school infrastructure is often inadequate in rural and indigenous communities. The government has noted that girls from rural areas leave school at an earlier age than boys and estimated that more than 50 percent of children with disabilities could not attend school due to lack of access to public transportation. (12; 5) Such challenges may leave these children more vulnerable to child labor. Approximately 13 percent of children engaged in child labor in agriculture do not attend school and 11.8 percent of working children ages 14 to 17 have not completed primary school. (1; 34) II. LEGAL FRAMEWORK FOR CHILD LABOR 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 (Table 4). However, gaps exist in Paraguay’s legal framework to adequately protect children from the worst forms of child labor, including the lack of prohibition of child recruitment by non-state armed groups. 2 BUREAU OF INTERNATIONAL LABOR AFFAIRS 2017 FINDINGS ON THE WORST FORMS OF CHILD LABOR Paraguay SIGNIFICANT ADVANCEMENT Table 4. Laws and Regulations on Child Labor Meets International Standard Age Legislation Standards: Yes/No Minimum Age for Work Yes 14 Article 1 of Law No. 2332; Article 58 of the Childhood and Adolescence Code (35; 36) 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 (35; 37; 38; 39; 40; 41) Identification of Hazardous Yes Article 54 of the Childhood and Adolescence Code; Article 2 of Decree Occupations or Activities No. 4951; Article 15 of the First Employment Law; Articles 122, 125, Prohibited for Children and 389 of the Labor Code; Article 5 of Law No. 5407 on Domestic Work (35; 37; 38; 39; 40; 41) 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 (42; 43; 44; 45) 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 (42; 43; 44; 45) Prohibition of Commercial Sexual Yes Articles 135 and 223 of the Penal Code; Article 2.19 of Decree No. 4951; Exploitation of Children Article 31 of the Childhood and Adolescence Code (35; 37; 43; 45) Prohibition of Using Children in Yes Article 1 of Law No. 1657; Article 32 of the Childhood and Adolescence Illicit Activities Code (35; 46) Prohibition of Military Recruitment State Compulsory Yes 18 Articles 3 and 5 of the Obligatory Military Service Law (47; 48) State Voluntary Yes 18 Articles 3 and 5 of the Obligatory Military Service Law (47; 48) Non-State No Compulsory Education Age Yes 15 Article 2 of Law No. 4088; Article 32 of the General Education Law No. 1264 (49; 50) Free Public Education Yes Article 76 of the Constitution; Article 32 of the General Education Law No. 1264 (42; 49) In January 2017, the government approved a regulation to strengthen enforcement of labor laws and standards, including on child labor. (51) III. ENFORCEMENT OF LAWS ON CHILD LABOR The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of the Ministry of Labor, Employment and Social Security (MTESS) that may hinder adequate enforcement of their child labor laws. Table 5. Agencies Responsible for Child Labor Law Enforcement Organization/Agency Role Ministry of Labor, Enforce laws related to child labor, inspect workplaces for child labor, and fine companies found in violation Employment and Social of labor laws. Refer cases involving criminal violation of child labor to the Public Ministry or the National Security (MTESS) Secretariat for Children and Adolescents (SNNA). (13; 14) National Police Maintain a special unit of 33 police officers who handle complaints regarding trafficking in persons, including children, with offices in five cities.
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