PARAGUAY: RESPONSE TO REQUEST FOR CHILD LABOR

UNCLAS ASUNCION 000172

SIPDIS

PLEASE PASS TO DOL/ILAB TMCCARTER, STATE FOR DRL/ILCSR
TDANG AND WHA/BSC MDASCHBACH

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI USAID PA
SUBJECT: PARAGUAY: RESPONSE TO REQUEST FOR CHILD LABOR
INFORMATION

REF: A. 08 STATE 127448

B. ASUN 147

C. 08 ASUN 505

D. ASUN 129


1. (U) This cable responds to the Department of Labor's
request for information to determine whether Paraguay is
implementing its international commitments to eliminate the
worst forms of child labor (ref A).


A. What laws have been promulgated on child labor in the
country?

The 1993 Labor Code (Law 213/93) and the 2001 Children's and
Adolescents' Code (Law 1680/01) codify Paraguay's child labor
laws. The revised Penal Code (Law 3440/08),which goes fully
into effect on July 16, incorporates these labor codes in
their entirety. The Children's and Adolescents' Code
protects children from exploitation in the workplace and
prohibits forced or compulsory child labor.

The Labor Code provides for a standard legal work week of 48
hours (42 hours for night work),with one day of rest. The
law also allows an annual bonus of one month's salary and a
minimum of six vacation days a year. The law requires payment
for overtime. The Ministry of Justice and Labor established
a mandatory national private sector minimum wage,
approximately USD 268 per month (1.34 million guaranies),
sufficient to maintain a minimally adequate standard of
living for a worker and family. The law sets occupational
health and safety standards stipulating conditions of safety,
hygiene, and comfort. Workers have the right to remove
themselves from situations that endanger their health or
safety without jeopardy to their continued employment, but
they may not do so until the Ministries of Justice and Labor
and Health recognize such conditions. These laws apply to
adults and children over age 15 who are allowed to work
legally.

The revised Penal Code aligns Paraguayan law with the
international conventions it has ratified, including
International Labor Organization (ILO) Convention 182 on the
Worst Forms of Child Labor (ratified in 2001); ILO Convention
138 on Minimum Age (ratified in 2004); ILO Convention 29 on
Forced Labor (ratified in 1967); ILO Convention 105 on the
Abolition of Forced Labor (ratified in 1968); the optional
protocol to the Convention on the Rights of the Child (CRC)
on the sale of children, child prostitution, and child
pornography; and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons. The revised Penal Code includes a
new statute prohibiting trafficking in persons for sexual and
labor purposes. The statute complements the 1997 Adoptions
Law and the 2000 Domestic Violence Law that protect children
against violence and exploitation.


B. What is the country's minimum age for admission to work?

The country's minimum age for admission to work is 12 per
Paraguay's ratification of ILO Convention 138 on Minimum Age.
Children 12 to 15 years of age and over may work in family
enterprises, agriculture, or apprenticeships. The law
permits minors between 15 and 18 years of age to work with
parental authorization up to six hours per day in
nonhazardous working conditions, including industrial work.


C. Are there exceptions to the minimum age law?

There are no exceptions to the minimum age law for children
under age 12. However, the laws on legal work hours for
children over age 12 are conflictive. The Child and
Adolescent Code and the Labor Code differ on the number of
hours per day and times of day children may work between the
ages of 13 and 18.


D. What is the minimum age for admission to hazardous work,
and which additional provisions has the country enacted
regarding children's involvement in hazardous work?

The minimum age for admission to hazardous work is 18. Law
1657/01 ratifying ILO Convention 182 and decree number
4951/05, the List of Work Endangering Children, enacted
provisions regarding children's involvement in hazardous
work. Employing children under age 18 in hazardous work
and/or employing minors under 12 years is prohibited and
punishable by fines of at least USD 10.00 per child according
to the Labor Code.

E. What laws have been promulgated on the worst forms of
child labor, such as forced child labor and trafficking or
child prostitution and pornography?

Paraguay ratified ILO Convention 182 when it passed Law
1657/01 in 2001, and developed a list of occupations
considered to be the worst forms of child labor outlined in
decree number 4951/05 issued in 2005. Those who violate
these are subject to prosecution under the Labor Code and the
Children's and Adolescents' Code. Those who compel minors to
engage in the worst forms of child labor can receive up to
five years in jail or a fine in the event of an industrial
accident involving child laborers.

Articles 129b and 129c of the revised Penal Code specifically
punish trafficking in persons with up to 12 years in prison
depending on the crime committed. They forbid compelling
anyone to travel outside the country or compelling a minor
under 18 to work for purposes of sexual exploitation or
forced labor.


F. Please specify what worst forms are prohibited and
describe penalties for violations.

The worst forms of child labor prohibited by decree number
4951/05 include:


1. Public and private monitoring work that threatens the
lives and safety of adolescents.


2. Public street work that creates a risk of traffic
accidents; respiratory, neurological and skin problems due to
environmental pollution and solar radiation; and risk of
psychological and sexual abuse, stress, fatigue, and
psychosomatic disorders, low esteem, social difficulties,
aggressive and antisocial behavior, depression, drug
addiction, early pregnancy, and others.


3. Laborers who care for those with illnesses in a capacity
that threatens their health, safety and morals.


4. Work involving transfers of money and other property.


5. Activities involving exposure to dust, fumes, vapors and
toxic gases, and contact with products, substances or objects
of a toxic, combustible, flammable, radioactive, infectious,
irritating or corrosive nature.


6. Work with agro-chemicals: handling, transport, sale,
application and disposal of chemicals.


7. Waste and recyclable materials collection.


8. Work in the manufacture, handling and sale of explosive
substances or objects or fireworks that produce a risk of
death, burns, amputations and other injuries.


9. Work in unhealthy conditions.


10. Work in mines, quarries, and underground excavations.


11. Work that leads to exposure to extreme hot or cold
temperatures.


12. Work that requires the use of machines and manual and
mechanical tools of a sharp, crushing nature.


13. Work in environments with exposure to constant noise and
vibrations that produce hand-arm syndrome or semi-lunar bone
osteolysis.


14. Work in the production, distribution and exclusive sale
of alcohol or tobacco.


15. Work that involves transiting national borders to other
countries on a periodic basis.


16. Work that involves moving earth and shaping topography,
including ditches, pits or holes, canals, water channels,
artificial embankments, cliffs that have collapsed, or
landslides.


17. Night work occurring between the hours of 19:00 and
07:00 the following day.


18. Work with cattle.

19. Work in eroticized modeling with photography that
conveys the risk of psychological harassment, early sexual
stimulation, and of sexual abuse.


20. Work involving the manual handling of heavy loads,
including lifting and placement.


21. Work done in confined spaces.


22. Work in child domestic servitude.


23. Work that damages health as a result of ergonomic
posture, isolation, and time pressure.


24. Underwater or river-based work that creates a risk of
death by drowning, ergonomic injuries, and exposure to
inappropriate sexual and psychological abuse.


25. Work at heights, including work involving the use of
scaffolding, harness and life lines.


26. Work with electricity, including the assembly,
adjustment and repair of high voltage electrical
installations.

The revised Penal Code prohibits the commercial sexual and
labor exploitation of children and adolescents and provides
for penalties of up to 12 years for trafficking a person into
or out of the country for the purpose of sexual and labor
exploitation. The revised Penal Code imposes penalties of up
to eight years in prison for inducing or coercing a minor to
participate in prostitution, perform sexual acts, or work in
forced labor conditions. If the perpetrator uses force or
enslaves the minor for purposes of sexual or labor
exploitation, the penalty increases to 12 years (ref B). The
production of child pornography, the sponsoring of public or
private shows including someone under 18 years old, and the
distribution of child pornographic material is punishable by
up to five years of incarceration or a fine. The penalty for
using children in pornography increases to 10 years in prison
if the minor is under 14 years of age, the perpetrator is the
child's guardian, or the perpetrator acts for commercial
purposes. Domestic trafficking for purposes of labor or
sexual exploitation is subject to prosecution under the
revised Penal Code's pimping statute.


G. What is the country's minimum age for military
recruitment and/or involvement in armed conflict?

The law requires that men register for military service at
age 17, and serve one year in the military between the ages
of 18 and 25. Congress passed Law 3360/07 in 2007 mandating
that all military recruits be at least 18 years of age. The
law permits individuals to join workforce training programs
in lieu of military service or obtain exemptions from
military service as conscientious objectors.


H. If the country has ratified ILO Convention 182 on the
Worst Forms of Child Labor, has it developed a list of
occupations considered to be worst forms of child labor, as
called for in article 4 of the Convention?

Yes. See responses in 1.E. and 1.F.


2. (U) Regulations for implementation and enforcement of
proscriptions against the worst forms of child labor. Please
provide answers to the following questions:


A. What legal remedies are available to government agencies
that enforce child labor and worst forms of child labor laws,
and are they adequate to punish and deter violations?

Government agencies may enforce child labor and worst forms
of child labor laws through civil fines, criminal penalties,
and court orders. Prosecutors may enforce child labor laws
by bringing legal cases against violators. The Supreme Court
and children's civil court have the authority to rule on
child labor cases and impose criminal penalties and civil
fines on those convicted of violating labor laws. Although a
special children's court handles civil cases involving
minors, criminal cases involving minors continued to be
handled in adult criminal courts.

Although the remedies are adequate to punish violations, the
government did not deter violations due to its failure to
utilize these remedies. Child labor exploitation remains a
problem, particularly in the domestic service, brick and lime
manufacturing, and in some agricultural sectors. See
response in 5.A.


B. To what extent are violations investigated and addressed?

The Ministry of Justice and Labor (MJT) is responsible for
enforcing child labor laws and inspecting workplaces that
employ adolescent workers to ensure they are registered with
municipal-level Defense Councils for the Rights of Children
and Adolescents (CODENI). The Public Ministry investigates
and prosecutes violators based on referrals from the MJT and
other agencies. The government did not allocate adequate
resources to enable these ministries to enforce the law
effectively.

Resources limited the government's ability to investigate and
address child labor violations. Trafficking in persons cases
for the purpose of sexual or labor exploitation are the only
child labor crimes investigated and prosecuted in Paraguay.
In the past year, the Public Ministry investigated 46 TIP
cases; indicted 11 suspected traffickers and associates
involved in trafficking 19 victims, including six minors; and
earned convictions in two cases against four traffickers who
received six years in prison. In addition to the four
traffickers convicted during the reporting period, another 23
traffickers and 16 associates are currently in prison serving
sentences for trafficking-related offenses. Of the 62
victims involved in trafficking cases opened this year, 54
were trafficked for purposes of sexual exploitation, six for
forced labor, and two for arranged marriages.

Prosecutors opened a case in January to investigate
allegations that four boys and two girls had been trafficked
to Japan for purposes of labor exploitation.


C. What level of resources does the government devote to
investigating child labor and worst forms of child labor
cases throughout the country?

The 200 public defenders in country, including approximately
50 in Asuncion, work for the Public Ministry and local
ombudsman's offices on many types of cases, including child
labor cases. However, they lack sufficient resources to
perform their jobs and have investigated few cases related to
child labor.


D. How many inspectors does the government employ to address
child labor issues?

Paraguay ratified ILO Convention 81 on Work Inspections when
it passed Law 1235/67 in 1967. The MJT employs some
inspectors to address labor issues, but they do not focus
solely on child labor issues. CODENIs work with the ILO to
address child labor issues at a local level. About half of
municipalities nationwide have CODENIs, and many of these
lack basic resources to address child labor issues.


E. How many police or other law enforcement officials
address worst forms of child labor issues?

Although Paraguay does not employ police or other law
enforcement officials specifically to address the worst forms
of child labor, the government has dedicated resources to
fight trafficking in women, children, and adolescents for
purposes of sexual and labor exploitation. The government's
Inter-Institutional Roundtable for the Prevention and Combat
of Trafficking in Persons is an inter-agency commission
managed by the Foreign Ministry that coordinates government
agencies' efforts to fight TIP. The Public Ministry
established an anti-TIP unit in October 2008 with three
prosecutors and six assistants dedicated to fighting
trafficking in persons. The Interior Ministry has two
anti-TIP investigators assigned to Interpol to investigate
international trafficking cases. The National Police has a
three-member anti-TIP unit that investigates domestic
trafficking cases.


F. How many child labor investigations have been conducted
over the past year and how many have resulted in fines,
penalties, or convictions?

The only child labor investigations conducted over the past
year are related to TIP cases. The results of these
investigations are listed in 2.B.


G. How many investigations into worst forms of child labor
violations have been conducted over the past year and how
many have resulted in prosecutions and convictions?

The only investigations into the worst forms of child labor
violations conducted over the past year are related to TIP
cases. The results of these investigations are listed in 2.B.


H. Has the government provided awareness-raising and/or
training activities for officials charged with enforcing
child labor laws or worst forms of child labor laws?

The government did not provide awareness-raising or training
activities for officials specifically charged with enforcing
child labor laws or worst forms of child labor laws.
However, the government provides general awareness of child
labor laws to officials through training activities in
conjunction with the ILO and the Organization for
International Migration (IOM). The Ministry of Education and
Culture (MEC) hosted a seminar in May 2008 on raising general
awareness of child labor and the worst forms of child labor.


3. (U) Whether there are social programs specifically
designed to prevent and withdraw children from the worst
forms of child labor. Please provide answers to the following
questions:


A. What initiatives has the government supported to prevent
children from entering exploitive work situations, to
withdraw children engaged in such labor, and to advocate on
behalf of children involved in such employment and their
families?

The government, with the help of the ILO and UNICEF, supports
several initiatives to prevent children from laboring in
exploitative work situations and advocate on behalf of
children involved in such employment. These programs focus
on improving educational opportunities for youths and
reducing the need for children and adolescents to work.

"Vision 2020": The MEC launched Vision 2020, a program
designed to improve children's access to education and
accountability of children, in June 2008. In addition to
improving school conditions, the MEC requires that all
schools gather information on the working status of children.


"Well-being" Program ("Tekopora," in Guarani): The Social
Action Secretariat (SAS) provides financial assistance to
families living in rural communities in Concepcion, San
Pedro, Canindeyu, Caaguazu, and Caazapa departments. In
exchange for a commitment to send their children to school,
each family receives about USD 40 (200,000 guaranies) in
financial assistance monthly from the SAS to cover food and
education expenses. According to the International Poverty
Centre's March 2008 study of the program, the program aims to
reduce work disincentives among adults, and to encourage
human capital accumulation among the young, while meeting
some basic needs.

"Hugs" Program ("Programa Abrazos," in Spanish): This
SAS-administered program provides financial assistance to
families in Asuncion, Ciudad del Este, and Central Department
with street children under 14 years of age. In exchange for
a commitment to send their children to school, each family
receives about USD 20 (200,000 guaranies) in financial
assistance monthly from the SAS to cover food and education
expenses. Program administrators also monitor street
children and offer them educational, hygiene and health, food
and recreation assistance.

"Help Us" Program ("Nopytyvo," in Guarani): This
SAS-administered program provides financial assistance to
families in the Chaco region. It is similar in nature to the
SAS's "Well-being" Program.

"Scream": MEC adopted the ILO's "Scream" child labor
intervention campaign in June 2008. The MEC plans to
implement the ILO's methodology to assist administrators and
public school teachers in identifying child laborers and
protecting them from exploitation. MEC occasionally holds
seminars to educate its staff about the issue of child labor
within the framework of "Scream."

"Extended School" (Escuela Extendida, in Spanish): This is a
program developed by the ILO and UNICEF now under
consideration by the MEC. The program would pay parents a
stipend to send their children to school to participate in
extracurricular activities.

"Southern Child" (Nino Sur, in Spanish): This is a Mercosur
initiative that defends the rights of children in the region.
Paraguay has participated in this initiative by
participating in public campaigns against commercial sexual
exploitation, trafficking, and child labor; benchmarking its
laws with international and Mercosur standards on child
labor; and exchanging best practices related to victim
protection and assistance with other Mercosur states.

The Children's and Adolescents' Secretariat provides funding
to the NGO Center for Attention, Prevention, and Surveillance
of Boys, Girls, and Adolescents (CEAPRA) in Ciudad del Este
to assist children who have been trafficked and subjected to
sexual exploitation. The Secretariat has also supported the
efforts of NGO Grupo Luna Nueva to assist child and
adolescent trafficking victims in Asuncion.

Some local labor unions have programs designed to help
children avoid child labor exploitation. The National Union
of Educators supports the MEC's nationwide child registration
program, and the Paraguayan Workers' Confederation runs a
youth community center in Asuncion.


4. (U) Does the country have a comprehensive policy aimed at
the elimination of the worst forms of child labor? Please
provide answers to the following questions:


A. Does the country have a comprehensive policy or national
program of action on child labor or specific forms of child
labor?

The National Policy for Childhood and Adolescence outlines
the country's comprehensive policy on child labor. This
policy includes two plans specifically focusing on child
labor: The National Plan for the Eradication and Prevention
of Child Labor; and the National Plan for the Prevention and
Eradication of Child Sexual Exploitation.

The national policy is administered by the National
Commission to Prevent and Eradicate the Exploitation of
Children (CONAETI). CONAETI members include representatives
from the Ministry of Justice and Labor (MJT),Children's and
Adolescents' Secretariat (SNNA),Ministry of Health and
Social Welfare (MSPyBS),Ministry of Education and Culture
(MEC),Social Action Secretariat (SAS),Women's Secretariat
(SMPR),Secretariat of Development for the Repatriated and
Conational Refugees (SEDERREC),National Directorate of
Surveys, Statistics, and Censuses (DGEEC),Technical Planning
Secretariat and CODENI. The ILO, UNICEF, and some labor
unions, industry associations, and NGOs are also members of
CONAETI.

CONAETI's national plan of action on child labor includes
protecting children from abuse through the National System of
Comprehensive Protection and Promotion for Children and
Adolescents; improving data collection on child laborers;
diagnosing the national child labor situation; increasing
awareness of child labor exploitation; creating policies to
support prevention and detection of child labor exploitation;
improving the government's institutional capacity to respond
to child labor issues; enhancing legal protections for
children; supporting efforts to help prevent sexual
exploitation and help victims child labor abuses;
implementing a system to monitor child labor; stepping up
intervention efforts to reduce child labor; and monitoring
and evaluate the government's progress in eliminating
exploitative child labor. CONAETI achieves this by
administering or supporting programs listed in 3.B.

Department-level governments and municipal CODENI assist
children who are victims of child labor. However, they do
not have comprehensive programs designed to prevent and
withdraw children from the worst forms of child labor.


B. (U) Does the country incorporate child labor specifically
as an issue to be addressed in poverty reduction,
development, educational or other social policies or
programs, such as Poverty Reduction Strategy Papers, etc?

The country's social policies and programs focus primarily on
the education and social welfare of children and adolescents.
However, CONAETI members refer to the National Policy for
Childhood and Adolescence to design and implement these
policies and programs to reduce child labor and child sexual
exploitation.
Since taking office in August 2008, the Lugo administration
has prioritized issues relevant to child welfare. The
Children's and Adolescents' Secretariat prioritizes assisting
street children and opened in December 2008 a new assistance
center in Asuncion for street children. The Women's
Secretariat is shifting its focus to domestic violence,
including violence against child domestic servants. The
Social Action Secretariat prioritizes campesinos issues,
including rural children. Although the administration has
not placed a high priority on child labor issues, it hopes to
improve conditions for children who may be affected by
exploitative child labor.


C. (U) If so, to what degree has the country implemented the
policy and/or program of action and achieved its goals and
objectives?

The government has implemented the programs outlined in 3.A.
to varying degrees. The IPC study noted that the SAS'
"Well-being" Program has been moderately successful. The
program assisted 19,500 families as of June 2008. According
to the International Poverty Centre, many families
participating in the program have been able to put their
childen in school and generate income without their
children's assistance. Paraguay plans to expand this program
this year to assist up to 120,000 families. Other similar
programs such as the "Hugs" and "Help Us" programs have also
been moderately successful in assisting families with
children and adolescents vulnerable to child labor
exploitation. "Vision 2020" and "Scream" are new MEC
programs, and "Extended School" is still under consideration.

These programs are limited in scope and have not yet achieved
their goals and objectives in reducing or eliminating
exploitative child labor. Nevertheless, in general these
programs have not yet succeeded because they lack sufficient
resources to assist most Paraguayan families in need. In
addition, UNICEF and ILO reported that some families who
receive assistance do not follow through with their
commitment to put their children through school.


D. (U) Is education free in law and in practice? Is
education compulsory in law and in practice?

Education is free and compulsory in law but not in practice.
Children in public schools typically attend school four hours
per day, five days per week. However, the ILO estimated in
2008 that approximately 15 percent of children between the
ages of five and 17 did not attend school. Most children did
not attend school because they work to support their families
or themselves, do not have access to public school, or lack
basic resources needed to pay for miscellaneous school
expenses.


5. (U) Is Paraguay making continual progress toward
eliminating the worst forms of child labor?

Paraguay has made some progress toward eliminating the worst
forms of child labor. In recent years, Paraguay ratified all
ILO conventions related to child labor and the worst forms of
child labor, and codified these into law. The country
continues to work closely with the ILO, IOM, UNICEF, and
other governmental organizations to adopt international labor
standards and raise awareness of child labor issues through
seminars and reports. It is also increasing its focus on
social welfare programs that could help reduce child labor.
Paraguay's efforts are a good start, but much work remains to
eliminate the worst forms of child labor in Paraguay.


A. What are the specific sectors/work activities/goods in
which children work, and how has this changed over the past
year?

Paraguay's child labor situation has not changed
substantially over the past year. Evidence shows that some
children work as laborers in the brick and lime industries,
picking cotton, harvesting sugar cane, and are photographed
for pornographic purposes. Some evidence suggests that
children work to produce sugar cane, corn, soy, sesame,
wheat, mandioca, and stevia, although whether they work
illegally in these sectors is inconclusive. Refs C and D
discuss post's position on goods produced using child labor.

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AYALDE