VZCZCXYZ0000
PP RUEHWEB

DE RUEHAC #1020/01 3461020
ZNR UUUUU ZZH
P 121020Z DEC 07
FM AMEMBASSY ASUNCION
TO RUEHC/SECSTATE WASHDC PRIORITY 6439
INFO RUCNMER/MERCOSUR COLLECTIVE
RUEHC/DEPT OF LABOR WASHDC
RUEHGV/USMISSION GENEVA 0171

UNCLAS ASUNCION 001020 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
PASS TO DOL FOR ILAB: TINA MCCARTER, DEPT FOR DRL/IL: TU 
DANG, DEPT FOR WHA/BSC KREAD 
 
E.O. 12958: N/A 
TAGS: ELAB EINV ETRD PHUM SOCI PA
SUBJECT: PARAGUAY:  UPDATE ON WORST FORMS OF CHILD LABOR 
 
REF: STATE 149662 
 
¶1.  (U) Post reports the following information per reftel on 
the worst forms of child labor in Paraguay. 
 
¶2.  (SBU) Laws and regulations proscribing the worst forms of 
child labor: 
 
A) What laws have been promulgated on child labor? Are there 
exceptions to the minimum age law? 
 
-- The 1993 Labor Code (Law 213/93) and the 1981 Code of 
Minors (Law 903/1981) codify Paraguay's child labor laws. 
The new Penal Code, which will re-incorporate the current 
Labor Law in its entirety, is currently pending in Congress 
and may go into effect as early as 2009.  The Code of Minors 
protects children from exploitation in the workplace and 
prohibits forced or compulsory child labor.  The law 
prohibits work by children under age 14 and permits minors 
between 15 and 18 years of age to work only with parental 
authorization and in conditions that are not dangerous or 
unhealthy. Children over 14 years of age may work only in 
family enterprises, agriculture, or apprenticeships. 
 
-- The Labor Code provides for a standard legal workweek 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 $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 child over age 15 who are allowed to work legally. 
 
B) What laws have been promulgated on the worst forms of 
child labor?  What is the country's minimum age for military 
recruitment? 
 
-- Paraguay ratified Convention 182 and developed a list of 
occupations considered to be the worst forms of child labor 
outlined in decree number 4951/05.  These are subject to 
prosecution under current labor laws and the Code of Minors. 
The law specifically punishes trafficking in persons with up 
to 10 years' imprisonment. The law also forbids compelling 
anyone to travel outside the country or compelling a minor 
under 18 to work as a prostitute.  Business owners who engage 
in the worse forms of child labor can receive up to five 
years in jail or a fine in the event of an industrial 
accident involving workers, including child laborers. 
 
-- 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. Women must also serve in the military during times 
of war. Children aged 17 may join the military with parental 
consent. The law allows individuals to join workforce 
training programs in lieu of military service or obtain 
exemptions from military service as conscientious objectors. 
 
C) If the country has ratified Convention 182, has it 
developed a list of occupations considered to be worst forms 
of child labor, as called for in article 4 of the Convention? 
 
-- Paraguay ratified Convention 182 on July 3, 2001, and 
developed a list of occupations considered to be the worst 
forms of child labor. 
 
¶3. (SBU) Regulations for implementation and enforcement of 
proscriptions against the worst forms of child labor 
 
-- The 2006 Child Labor Report outlines in detail the 
regulations codified in labor law and the Childhood and Youth 
Code for implementing and enforcing proscriptions against the 
 
worst forms of child labor.  Congress is considering a new 
Criminal Procedural Code codifying specific penalties for 
violating labor laws, including child labor. 
 
A) What legal remedies are available to government agencies 
that enforce child labor laws, and are they adequate to 
punish and deter violations? 
-- Attorneys at the Public Ministry enforce child labor laws 
by bringing legal cases against violators.  The Supreme Court 
and civilian courts have the authority to rule on child labor 
cases and imposes criminal penalties and civil fines on those 
convicted of violating labor laws.  These punishments are 
infrequent and inadequate to deter violations. 
 
-- The new Penal Code will create new positions for 
prosecutors, public defenders and judges who will have 
specialized jurisdictions for minor cases. 
 
B) To what extent are complaints investigated and violations 
addressed? 
 
-- The Ministry of Justice and Labor is responsible for 
enforcing child labor laws, and the Public Ministry 
prosecutes violators.  However, the government did not 
allocate adequate resources to enable these ministries to 
enforce the law effectively.  The government took some steps 
to eliminate child labor by implementing the 2003-08 National 
Plan to Prevent and Eradicate the Exploitation of Children 
(CONAETI), including funding the Secretariat for Children and 
Adolescents (SNNA) and NGOs such as CEAPRA, a children's 
rights NGO in Ciudad del Este, and Kuna Aty's children's 
assistance program in Asuncion.  Municipalities fund 
Municipal Councils for Children's Rights (CODENI) to assist 
children who are victims of child labor and other abuses. 
However, these efforts have not been accompanied by strong 
public institutions and programs or translated into changes 
in social practices. 
 
C) What level of resources does the government devote to 
investigating child labor cases throughout the country?  How 
many inspectors does the government employ to address child 
labor issues?  How many child labor investigations have been 
conducted over the past year?  How many have resulted in 
fines, penalties, or convictions? 
 
-- The 200 public defenders in country, including 49 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) Has the government provided awareness raising and/or 
training activities for officials charged with enforcing 
child labor laws? 
 
-- The government provides general awareness of child labor 
laws to officials through training activities in conjunction 
with the International Labor Organization (ILO) and the 
Organization for International Migration (OIM).  However, the 
government has not provided training activities for officials 
charged with enforcing child labor laws. 
 
¶4. (SBU) Whether there are social programs specifically 
designed to prevent and withdraw children from the worst 
forms of child labor 
 
-- The government works within the CONAETI framework to 
combat the worst forms of child labor and channels resources 
through the SNNA and NGOs such as CEAPRA and Kuna Aty.  These 
organizations encourage children and parents of exploited 
children to file complaints against violators of child labor 
laws.  The SNNA has a program to assist children who have 
been trafficked for purposes of sexual exploitation or forced 
labor.  CODENI also assists 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. 
 
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 has not launched initiatives designed to 
prevent children from entering exploitive work situations, to 
withdraw children engaged in such labor, or to advocate on 
behalf of children involved in such employment and their 
families.  Due to a lack of resources and the reality that 
many parents of child laborers encourage them to work, the 
government's response is primarily limited to addressing the 
needs of children who have been trafficked and are victims of 
the sex or labor industries. 
¶5. (SBU) Does the country have a comprehensive policy aimed 
at the elimination of the worst forms of child labor? 
 
Yes, CONAETI. 
 
A) Does the country have a comprehensive policy or national 
program of action on child labor or specific forms of child 
labor?  Does the country incorporate child labor specifically 
as an issue to be addressed in poverty reduction, 
development, educational or other social policies or 
programs?  If so, to what degree has the country implemented 
the policy and/or program of action and achieved its goals 
and objectives? 
 
-- CONAETI, which expires in 2008, is Paraguay's primary plan 
of action on child labor.  Paraguay has partially implemented 
CONAETI by offering limited assistance to victims of child 
labor through the SNNA and affiliated NGOs.  However, child 
labor remains widespread. 
 
B) Is education free in law and in practice?  Is education 
compulsory in law and in practice? 
 
According to the "Infant and Adolescent Workers of Paraguay" 
Report published by the ILO in August, education is free and 
compulsory in law and in practice.  Children in public 
schools typically attend school four hours per day.  However, 
over 53 percent of children between the ages of 5 and 17 work 
at least one hour per week, and many do not attend school in 
order to work.  The ILO estimated that 14.5 percent of 
children between the ages of five and 17 did not attend 
school. The law entitles boys and girls to equal educational 
access; enrollment rates among girls ages five to 17 (86 
percent) was slightly greater than among boys (85 percent), 
and overall enrollment rates ages five to 17 in urban areas 
(90 percent) were higher than in rural areas (80 percent). 
 
C) Is the country making continual progress toward 
eliminating the worst forms of child labor? 
 
-- The government has made some progress, although it lacks 
the resources and political will to eliminate the worst forms 
of child labor.  The government handles cases of child labor 
violations on a case-by-case basis and has promoted awareness 
in a limited capacity.  The government has especially focused 
on children who are trafficking victims.  However, child 
labor remains pervasive, and the government has been 
ineffective in combating the worst forms of child labor. 
 
D) Posts are requested to ask national statistical offices 
when appropriate for any recent child labor data sets. 
 
-- Post will request child labor data from the Ministry of 
Labor and Justice and will provide it to DOL.  The ILO's 
"Infancy and Adolescent Worker of Paraguay" Report published 
in Sepember 2007 provides a wealth of Paraguayan child labor 
statistics. 
 
E) Posts are asked to indicate in what sectors/work 
activities/goods are children involved and how has this 
changed over the past year. 
 
-- Children work primarily as domestic servants, street 
vendors, laborers, commercial sex workers, in agriculture, 
including family farms, community services, restaurants and 
hotels, and industrial manufacturing.  This has changed 
little over the past year. 
 
F) Please provide information on industries where child labor 
occurs as well as specific tasks in which children are 
involved and goods they produce, if available.  Please also 
provide information on age and gender of working children, 
disaggregated by industry/work activity/good, if possible. 
 
-- Post will provide more detailed information from the 
Ministry of Labor and Justice as it becomes available. 
Please also refer to the aforementioned ILO report. 
 
G) To what extent are children working in slavery or 
practices similar to slavery, such as debt bondage, serfdom, 
and forced or compulsory labor? 
 
-- According to the ILO, approximately 60,300 children are 
working domestically in slavery or practices similar to 
slavery, particularly in the commercial sex or labor 
industries. 
H) To what extent are children trafficked to work? Are 
children trafficked for commercial sex or for labor 
exploitation?  If labor-related, what specific industries or 
for the production of what specific goods are children known 
to be trafficked?  Are they trafficked across national 
borders or within the country (specify source, destination 
and transit countries/regions/communities, if possible). 
 
-- No reliable statistics exist on how many children are 
trafficked to work.  However, based on information provided 
by the Paraguayan government, ILO, and IOM, Post estimates 
that the number of children trafficked to work number each 
year in the hundreds.  Most are trafficked for commercial sex 
or labor exploitation. 
 
¶5. (U) POC for this request is Embassy Asuncion Human Rights 
Officer Michael Edwards, telephone:  011-595-21-213-715, 
e-mail:  edwardsmg@state.gov. 
 
Please visit us at     http://www.state.sgov.gov/p/wha/asuncion 
 
CASON