US embassy cable - 05ASUNCION1072

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 
 
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Summary 
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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. 
 
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Proscriptions of the Worst Forms of Child Labor 
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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. 
 
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Implementation of the Proscriptions 
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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. 
 
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Conclusion 
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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