PARAGUAY 2005 CHILD LABOR REPORT UPDATE

UNCLAS SECTION 01 OF 03 ASUNCION 001072

SIPDIS

LABOR FOR DOL/ILAB TINA MCCARTER
STATE FOR DRL/IL LAUREN HOLT

E.O. 12958: N/A
TAGS: EIND ELAB ETRD PHUM SOCI KWMN PA AID
SUBJECT: PARAGUAY 2005 CHILD LABOR REPORT UPDATE

REF: A. STATE 143552

B. ASUNCION 1178

--------------
Summary
--------------


1. The following responses are an update to the 2004 Child
Labor Report (ref. B) The responses are based on input from
the Ministry of Children and Adolescents, the Ministry of
Education, the International Labor Organization (ILO),and
Pro Joven (Pro Youth),a non-governmental organization.


2. Paraguay has developed a national policy aimed at the
elimination of child labor and the eradication of the worst
forms of child labor. However, implementation and
enforcement of child labor laws and regulations are sporadic.
In addition, the President of Paraguay recently fired the
Minister of Children and Adolescents and the Minister of
Social Work because they were "not focused on the immediate
concerns.8 These Ministers were focused on changing laws,
according to Embassy sources, but did not address the issue
of "street children", a priority of the Duarte-Frutos
Administration. End Summary.

-------------- --
Proscriptions of the Worst Forms of Child Labor
-------------- --


3. Promulgation of Decree 4951 on March 22, 2005, by which
Paraguay has defined the worst forms of child labor or
hazardous work, and/or lists the occupations considered to be
worst forms of child labor, represents the most significant
action Paraguay took on this matter over the last year. The
Decree identifies twenty-six (26) occupations and/or
hazardous work considered to be the worst forms of child
labor.

--------------
Implementation of the Proscriptions
--------------


4. Paraguay developed a National Plan in 2003 to eliminate
child labor and the eradication of the worst forms of child
labor. It is to be implemented over the course of five
years, from 2003 to 2008. The Presidential Declaration
promulgating the National Plan also envisioned the
development of annual Action Plans to facilitate execution of
the overall five-year Plan.


5. The principal objectives of the National Plan are as
follows: establish a baseline of relevant information and
statistics; train and mobilize personnel; raise societal
awareness; establish the requisite legal framework, beginning
with the ratification and implementation of Conventions 182
and 138; implement a system of inspections and monitoring,
with an emphasis on the worst forms of child labor and
hazardous work; develop effective public policies that will
direct the activities of public- and private-sector
institutions and civil society; design and implement
intervention programs and projects; and adopt efficient,
effective mechanisms for monitoring and evaluating the Plan.


6. The Duarte-Frutos Administration continues to make
positive steps in the implementation of the National Plan and
the signed international agreements but the lack of resources
continue to hamper their efforts. The Government's focus on
street children is an indication of its intent to deal with
the problems most visible to the public.


7. The other major problems with child labor in Paraguay that
require attention are the existence of "criados/criadas8,
sexually exploited children and rural child workers.
"Criados/criadas8 are under-aged children that are domestic
workers, usually for the affluent, and are very rarely paid
for their services and rarely attend school. According to
Embassy sources these children are often the victims of
interstate trafficking with full knowledge of the parents,
who were told their child would be sent to school. In one
case, earlier this year, an official in the Center for
Adoptions was arrested for having a nine (9) year-old criada
at her residence, living in deplorable conditions. The child
never attended school. The case is now in judicial
proceedings.


8. Sexually exploited children, mostly young girls, continue
to be a problem. It has been reported that parents and other
relatives often accept money for children as young as nine
(9) for sexual favors and/or pornographic activities.
Sometimes, these children end-up as "street children" and are
later trafficked. Rural child workers are mostly engaged in
farming and fishing related activities. These children work
a considerable amount of time but are rarely seen and, thus,
it is likely that the GOP, given competing priorities, will
not address this issue in the near future. (NOTE: Executive
Decree 4951 does not cover farming and fishing activities,
probably due to the importance of both of these industries to
the economy.)


9. The Code on Children and Adolescents was established to
create a new, integrated system for implementing and
enforcing the rights of children and adolescents at the
national, departmental and municipal levels. The Code
designated a new Secretariat for Children and Adolescents,
with ministerial rank and reports to the Executive, as the
principal authority for implementing the system. The Code
created National, Departmental and Municipal Councils for
Children and Adolescents, each of which is composed of public
officials and NGO representatives and charged with developing
policies, plans and procedures at its respective
institutional level. The Code also created a network of
Municipal Advisory Councils on the Rights of Children and
Adolescents (CODENI),which are composed of local
professionals with a known history of providing legal,
psychological, social and other services in the community.


10. Per the Code on Children and Adolescents, the municipal
CODENIs serve as the foundation for implementation of the
system. They are charged with protecting and promoting the
rights of children and adolescents by performing functions
that include the following: intervene to prevent violations;
serve as an alternative dispute resolution mechanism; refer
cases to competent judicial authority, when appropriate;
maintain registries of working adolescents and their
employers; and coordinate training programs for working
adolescents.


11. Regarding the registration system established by the
Code, Articles 55 and 56 require CODENIs to maintain records
of working adolescents, including biographical data, type of
work performed, amount of remuneration, working hours, school
attended, and hours of attendance. Article 57 requires
CODENIs to provide the registration data to the regional
labor authority for inspection and compliance purposes.
Articles 60 and 61 require employers to establish and
maintain records with the same information, and to provide
the information to the appropriate CODENI within 72 hours
after hiring an adolescent employee. Article 66 requires
adolescent domestic employees to present the written
permission of a parent, guardian or legal representative to
obtain employment authorization from the CODENI in the
adolescent's municipality.


12. In order to comply with the above articles, Resolution
number 191, issued by the Ministry of Education and Culture,
mandates that each school must complete a form indicating the
personal information of each student, including residence,
medical, parent/guardian information and if the child works.
In the labor section, the form requests information regarding
where the child works and the type of work.

--------------
Conclusion
--------------


13. Comment: Child Labor is obviously very important to the
legal and illegal economy of Paraguay. This unfortunate
reality makes it extremely difficult for authorities to
eradicate the worst forms of child labor. For example, in
Ciudad del Este, it was recently reported that approximately
forty (40) percent of the children in primary grades, all of
whom are under the legal working age, work in street vending
jobs, during school hours. End Comment.


14. Paraguay has continued to make positive steps toward
eliminating child labor and eradicating its worst forms. The
Government has designated authorities to implement and
enforce child labor laws and regulations. However, full
implementation and effective enforcement are still years off.
The lack of resources to fully fund the agencies and
programs continues to be a serious impediment to
implementation, and corruption remains an issue for
enforcement. Thus, the Government relies heavily on NGO
technical and financial support and the volunteer services of
members of civil society.
KEANE