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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF PARAGUAY
14 November 2007
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Committee on Economic, Social
and Cultural Rights
14 November 2007
The Committee on Economic, Social and Cultural Rights has considered the second and third periodic reports of Paraguay on how that country is implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.
Victorina Ruiz Diaz De Espinola, Minister at the Executive Secretariat of Childhood Affairs and Adolescence of Paraguay, said the report covered the period between 1994 and 2006. Paraguay, in keeping with its policy to respect, promote, and universally protect human rights would like to point to its strengthening of all mechanisms with regards to human rights. Paraguay was committed to development programmes that were currently being implemented, and the national Government hoped to achieve better compliance with the duties linked to the international instruments on human rights to which it had acceded. When looking at the legal framework that was in effect at this time, it was clear that headway had been made with regards to legislation, in particular those human rights that were enshrined therein.
Among the questions and issues raised by Experts were what were the main aspects of cases linked to economic, social and cultural rights which came before the Ombudsman’s office and what were the results of these cases; what were the judgements of ordinary courts concerning the protection of children, and in particular girls against sexual harassment; what positive measures had been taken to eliminate de facto discrimination against the indigenous in the labour market; what type of health policy existed to deal with abortion and what was the legislation in that regard; what was the human rights situation in prisons; and what sort of protection was given for indigenous intellectual property rights and how the State ensured that they could enjoy the benefits of their production.
In concluding remarks, Ms. Ruiz Diaz De Espinola said Paraguay believed it would move forward in defining economic growth and employment policies, which would help it to identify these key areas, which were so important to the life of the citizenry. It would undertake this reflection with great responsibility, and would report back to the relevant authorities, in order for the latter to make progress. Paraguay recognised that it had to increase resources, in particular in the highly-vulnerable areas pinpointed by the Committee. Paraguay believed that it needed to have a major impact on the indices to measure the quality of life, restore indigenous rights, and cooperate, going beyond the requirements of citizens.
The delegation of Paraguay included representatives of the Paraguayan mission to the United Nations Office at Geneva, the Ministry of Justice and Work, the Ministry of Housing, and the Ministry of External Relations.
The Committee will issue its final remarks on the reports of Paraguay towards the end of its session, which concludes on Friday, 23 November. The next scheduled meeting of the Committee will be on 23 November when it will issue its concluding observations and recommendations on reports considered before closing the session.
Report of Paraguay
The second and third periodic reports of Paraguay (E/C.12/PRY/3) says the economic results of the last decade have been highly discouraging and have affected the credibility of the government and the political institutions generally. As a result there is a growing desire among certain sectors of the population for a return to an authoritarian government, in which corruption was seen as less widespread and poverty less visible, since the great majority of the population were still living in rural areas. However, during the last five years Paraguay has been emerging from a long period of economic stagnation which left its population impoverished. In 2001, the poverty level was 34 per cent; according to the data for 2005 the proportion is estimated at 39.2 per cent. The fall in income per head is due to a considerable degree to the economic difficulties of the Southern Cone, which gave rise to significant devaluations in all the countries of the region. However, the increase in poverty in Paraguay is also a consequence of political instability and the inefficiencies of a highly informal system.
The development strategy of the new Administration is directed to the following ends: (i) to restore trust in public institutions by an unremitting campaign against corruption and by the modernization of the public administration; (ii) sustained growth, moving from an economic model based on “triangular” trade and public employment to one focussed on agro-industry and the diversification of exports; and (iii) an increase in human capital through greater investment in health and education and policies which increase equity and access to those services. The first steps have been taken to attack the extensive culture of corruption in the public administration, smuggling, tax evasion and the formalization of the economy. Efforts to reduce poverty should be principally focussed on rural areas. They should include appropriate land tax policies to bring unused land on to the market, concentrated settlement patterns, with a view to improving the provision of public services to rural communities and focussed technical assistance in agriculture. The expansion of services should continue to the extent that the fiscal situation permits.
The poverty indicators for Paraguay and the uncertain outlook regarding attainment of the Millennium Development Goals are a reflection of the many challenges facing long-term development, which will require sustained effort to overcome. One of the principal challenges is that of a labour force the majority of whose members are functionally illiterate. Paraguay’s capacity for domestic savings mobilization is severely limited by lack of confidence in the financial system following eight years of successive bank failures that, to date, have cost about 11 percent of GDP. The country must achieve a higher growth rate; a rate of less then 5 per cent is insufficient. On the positive side, it should be noted that Paraguay possesses a number of development assets which can be used in its favour, including a relatively young population which will enable growth to break the logjam in the social security system if new entrants can be enticed to join the formal economy.
Introduction of Report
Victorina Ruiz Diaz De Espinola, Minister at the Executive Secretariat of Childhood Affairs and Adolescence of Paraguay, introducing the second and third periodic reports of Paraguay, said the report covered the period between 1994 and 2006. Paraguay, in keeping with its policy to respect, promote, and universally protect human rights would like to point to its strengthening of all mechanisms with regards to human rights. The Experts should note that in the process of drafting the report, the recommendations that were put forth by the Committee in 1999 had been included. During the process of drafting, Paraguay had included the general revised guidelines for drafting. In drafting the report, a number of different State institutions played a role. These were entrusted with the promotion of these rights, and thus had been actively involved. National civil society had participated also in drafting and delivery. Paraguay recognised that the drafting of reports was an important exercise, as it developed State machinery with a view to observing human rights.
The rapid evolution which had taken place in a very young population should be kept in mind, as should be the achievements that had taken place since data had begun to be collected. Ms. Ruiz Diaz De Espinola said Paraguay was committed to development programmes that were currently being implemented, and the national Government hoped to achieve better compliance with the duties linked to the international instruments on human rights to which it had acceded. When looking at the legal framework that was in effect at this time, it was clear that headway had been made with regards to legislation, in particular those human rights that were enshrined therein. During the period of the report, a number of issues should be noted: new Criminal Procedure Codes, which had gone into effect in December 1998, a law on domestic violence, and the code on childhood and adolescence created a Secretariat for Child Affairs and Adolescence.
Ms. Ruiz Diaz De Espinola said another serious area of progress was seen in the situation of vulnerable populations. In 2004, with the approval of a new law, it had been established that it was compulsory for all public institutions to accommodate persons with disabilities. Citizens now enjoyed access to an institution which was tasked with protection of human rights, and was also responsible for dealing with human rights violations which took place during the dictatorship. It was vital, for the promotion of economic, social and cultural rights, to bear in mind the laws of 2002, which set forth the law on agrarian reform and rural development, and was geared towards producing an agrarian structure which would strengthen the integration of rural populations and national development. There had been an 85 per cent reduction of deforestation, and the country was in recovery in this regard.
Questions by Experts
Taking up articles one to five of the Covenant, Experts raised a range of issues, including the jurisdiction of courts or the electoral tribunal, which were only responsible for settling matters related to elections, and whether these were permanent jurisdictions; how many cases had been dealt with by the Ombudsman’s office over the last five years; what were the main aspects of cases linked to economic, social and cultural rights which came before the Ombudsman’s office and what were the results of these cases; Deforestation Zero, the national plan, which indicated a major challenge in many environmental areas; what specific budgets and programmes were allocated to equal opportunities, in particular gender equality, and whether there was any normative framework on these matters; to what extent the Ombudsman was involved in preparing the report; what was the punishment for domestic violence; what was being done concretely in schools and universities to teach economic, social and cultural rights; issues linked to land reform and land ownership; issues linked to the fact that the judiciary was not corruption-free and there was political interference in judgements; and whether there was any plan of action to register the many children that were not registered at birth, in order for them to have access to social services and public office.
Response by Delegation
Responding to these questions and others, the delegation said the dialogue would be a great help for Paraguay to fulfil its international commitments. With regards to why the word “indigenous” did not cover such an important ethnic group as the Guaranis, Spanish policy at the time of colonisation was to unify the Spaniards and the Guarani natives. This strategy was passively accepted by the Guarani, as because of the close links with the Spaniards they could have sufficient weapons to fight with other enemy tribes, and this took place in other States as well. The merging of the two ethnic groups led to a blend of ethnic groups, which was perhaps one of the most consistent in Latin America. There was no recollection of any battle waged between the Spanish and the Guaranis. There was reflection of this blend in the way that language was used in Paraguay, and could be seen in other aspects of daily life. The problem for the Committee was issues that revolved around indigenous issues. The indigenous peoples of Paraguay were not “pure”, nor were they all Guarani, they were from other ethnic groups. The indigenous problem per se was not such a wide-spread problem, as all were members of the same mixture of peoples.
On the appointment of the Supreme Court, and whether there was still the triple Montesquieu view of the division of the supreme powers, the Members of the Supreme Court were called Ministers as this was their status in the hierarchy of the administration. This was a trend which stemmed from the Rio de la Plata view of the law, with some overlapping between the executive and the judicial in the legislative. This was a regional matter - these titles were used in other countries in the same way. As to the Electoral Court or College, this had responsibilities whether or not there were elections. For a term of five years there were internal party elections for posts within the party, then civil or municipal elections, then internal elections within parties for the Presidential elections, then the Presidential elections themselves. During this period of five years, there were therefore always elections, in which the Electoral Court was involved. It was also responsible for solving disputes between civil servants and the State.
With regards to equal access to justice for all citizens and whether everybody had access to justice, people were given a lawyer to represent them, who had an investigative task. The Public Defenders were tasked with protecting the rights of minors, the poor, and other vulnerable groups, and these were present throughout the country. Access to justice was defended through various mechanisms. The Secretariat for Women depended on the executive as it was run by a Minister, the delegation said. Policy for women was, as were other policies, determined in the context of guidelines which were determined by the Executive. The Secretariat was responsible for gender-specific policies and policies geared towards women. In rural areas, women played the role of mothers and farmers, and were often the heads of households. There was no distinction between children born in wedlock and out of wedlock, and there were laws on the books providing for equality in inheritance, succession, and other points, notwithstanding the birth status of the child.
On legislation with regards to equality, the 1992 Constitution had a number of norms which were directly applied, and required no laws to be enacted. Article 44 guaranteed equality - equal taxation, equal labour, equal access to public institutions, all of which were directly applied. Any person who found themselves in a situation of inequality could invoke Constitutional remedy, and the sentence handed down would be directly and concretely applied. The entire criminal procedure had been changed - there had been a movement from a written system to an oral trial, and this ensured that a person got a more rapid, and thus less expensive and fair trial. There had also been a move from the inquisitive system, which had a presumption of guilt, to investigation and an adversarial system of justice, under which the citizen enjoyed all the rights of due process; the judge was no longer responsible for running the investigation - it was instead the responsibility of the prosecutor. Modern concepts had also been introduced with regards to rape and sexual harassment, among others. At this time, the Criminal Code was being overhauled and restructured by Congress. However, above and beyond increasing the sentence to be served for domestic violence, related crimes were also punished by the law, and the new draft Code enhanced this. A number of Brazilians had bought extensive lands within Paraguay, the delegation said, and the Government had been providing for the extension of a 50-km security fence in order to better control the border. This also related to national security, as it was difficult to control what was going in and out of the country.
With regards to the natural rights of the child, Ms. Ruiz Diaz De Espinola said that approximately 60 per cent of children had been registered. Based on this, the national system for the protection and promotion of children’s rights and the rights of adolescents had implemented various mechanisms, helping the mother to play a role in the mother-and-child relationship. A certificate of live birth was given to all children, especially those born in a medical facility. Many women in Paraguay had their children in their communities, far from medical facilities, and therefore alternative programmes had been developed, in particular working with midwives. A group of Ministries who were involved in childhood were working together to ensure these children could implement their rights - and for this, it was important for the child to be documented. This was an important issue in the country. The Government was working with NGOs and civil society in order to increase registration in this regard, along with grass-roots communities. Current law was being amended, as it required a certificate of live birth to be produced in order to register a child. It would now be easier for a woman to register the child, as long as she produced two witnesses. This had increased significantly the number of children who were registered. The system was more flexible and supple, and in some hospitals children were registered after birth with an ID document as well as live certificate of birth. A great deal of headway had been made in breaking the barriers to registration. Registration was important not just for identification and protection, but also to ensure that children could enjoy their rights.
In Paraguay, Ms. Ruiz Diaz De Espinola said, there was a strong desire of the State to make headway in the field of equality, and to establish institutions guaranteeing this equality. Very often the State established Secretariats and then adopted various decisions, taking into account a number of different factors in keeping with what was happening at that time. The creation of the Ministry of Women’s Affairs was an illustration of this. In the case of indigenous and displaced women in urban areas there could be double discrimination, and the Government was currently working with a view to ensuring resettlement of such women or, where appropriate, of families. As to women in rural areas, there was a double cultural and historic implication, and women in Paraguay were facing major challenges, with a growing awareness among the public at various levels of the possibilities and opportunities open to women with regards to equal treatment with men. Paraguay sought to establish social budgets in areas where there was a clear vision of equal opportunities for men and women.
The estimated population of Paraguay was approximately 6 million, the delegation said, based on the last census, which was carried out in 2002. It was a very homogenous population, compared with other Latin America countries. The pure indigenous were only about 8 per cent of the population, but all spoke the indigenous language, it was the main language. Thirty per cent of the population did not speak Spanish and only spoke Guarani. There was therefore no discrimination on the base of race, religion or nationality - there were other types of discrimination to be fought, but they were not the traditional types of discrimination. Paraguay had close links and economic relations with its neighbouring countries, mainly due to the fact that it had no coastline and products had to pass through Argentina or Brazil. A customs union had therefore been organised, with a form of regional integration that was deep reaching and complete in economic terms and in certain political areas, such as combating crime. Energetic measures were being taken to push back deforestation and recover the valuable natural forests, and this was taking place through cooperation at many levels, including with environmental NGOs.
On whether the State intended to carry out the sentences pronounced by the Inter-American Human Rights Court, the delegation said this was absolutely the case, and Paraguay was in a position to and was right now complying with, within existing possibilities, all existing decisions of that Court. Paraguay recognised the competency of the Court. The issue of the transfer of ancestral lands was very complex, and the enforcement of the decision of the Court in this regard was very difficult, not only with regards to financial resources, but also with regards to a whole set of legal obstacles in accordance with domestic legislation which needed to be dealt with in order to facilitate the transfer of the ancestral lands, which were currently in the hands of private owners. On the other points, the Government was complying with the provisions of the decision on provision of assistance, medical assistance, and food assistance as required under the decision of the Court and through the competent national institutions of the appropriate Ministries.
Latin America as a whole had been immersed since decolonisation in the problem of land ownership, the delegation said, and land reform had been discussed in depth in Paraguay, which had been seeking solutions for many years. There had been a law in 2004, which had been adopted to deal with the agrarian reform - the model that Paraguay was trying to develop was one based on recognition of private land ownership, and an endeavour to redistribute land by means of disincentive tax for latifundas, promoting greater rationalisation in land ownership and use. There was also an intent to ensure that land was used productively, to enable Paraguay to compete in areas where it could be competitive in the light of its natural and human resources. In the framework of this land redistribution, there had been intense work to achieve a more rational distribution of the land. Land had been acquired to distribute it to the dispossessed. There was also a substantive increase in the Government’s social expenditure, which had made it possible to extend services to the needy population. Work was also being done to promote the sustainable use of water.
With regards to the public prosecutor, the delegation said in 2002 the Ombudsman dealt more specifically with civil rights, particularly the right to information, court guarantees, recognition and protection of the life of the person, social rights, and economic rights. Some 1,474 cases had been dealt with in 2004, and legal advice had been given in 402 of those cases. For 2004, in the light of the issue of gender equality, an investigation was carried out with respect to the number of those entering university, and it was seen that in law, for example, 45.5 per cent of university entrants were women - and 63.3 per cent of applicants to be solicitors were women. In some cases it was necessary to use public force in order to expel people from land, however, there were only a few cases of this in previous years, and it was always necessary to use and respect a judicial order in this respect. After years of stagnation of the GDP, there had been an increase since 2003 - with 3.7 per cent annual growth rate between 2003-2005. The national economy would be going through its fifth consecutive year of sustained growth this year. External debt had been reduced by more than $ 338 million, and Paraguay was one of the countries that had the least debt in the region. The medium-term objectives of the programme were to maintain the economy’s growth at 4 to 5 per cent.
Questions by Experts
Taking up articles six to nine of the Covenant, Experts raised, among other issues, trade union freedoms and what was the situation with regards to the number of workers required to set up a trade union; issues linked to the labour of those under 12 who had been working in the service economy in the capital city, and what was the policy of the Ministry that was responsible for protection of children and their rights in that respect; what was happening with regards to plans to extend the right to education to every child in Paraguay; what were the judgements of ordinary courts concerning the protection of children, and in particular girls against sexual harassment; what was being done to ensure that all workers received the minimum wage, as 40 per cent of workers did not receive this; why there was no minimum wage in the public sector; whether the Government intended to regularise the informal sector and what steps were being taken in that regard; what positive measures had been taken to eliminate de facto discrimination against the indigenous in the labour market; what was the public policy with regards to the right to work of those abandoning the countryside and streaming into the cities; what were the problems and difficulties of the young in achieving employment; and whether basic retirement pensions provided a decent life for people.
Response by Delegation
Responding to these questions and others, the delegation said many of the questions could not be answered specifically today with regards to figures. The Ministry of Children dealt with child labour. To speak of economic, social and cultural rights necessarily included boys, girls, and adolescents, and this was a large share of Paraguay’s population. Child labour was an issue which did cause problems, and the Government tried to deal with it, in particular with regards to compliance with ILO Conventions, and it had therefore developed a national programme of protection and eradication of child labour, as well as protecting adolescents who worked. The economic situation of the country did lead to children working. Work done by children involved domestic work in middle-class families. The Government had taken decisions in this regard. The National Plan of Action dealt with this issue, in particular with children working in the streets, and over 1,400 children were being dealt with in a social hosting programme. The Government was also working on improving the lives of children, examining nutrition, child health, and giving credit to mothers in order to keep their children in programmes and off the streets. With regards to domestic labour, there were a large number of children working in this area, and it consequently had a cultural impact as many rural children were sent to work in urban areas with the idea that their studies would be guaranteed - however, in certain circumstances, this was not the case, as they were put in a vulnerable situation in many regards. The Government had a special unit to deal with this, and was working with NGOs in order to ensure comprehensive protection.
Work was also being carried out to prevent sexual exploitation of children, the delegation said, including through the context of MERCOSUR and preventing children from being victims of trafficking for sexual exploitation or for purposes of child pornography. With regards to the right to education, the Constitution established that basic education was obligatory and free, and since the educational reform was instituted, it was a State social policy, legally recognised. This showed the importance attached by the international community to the right to education. The various communities in the country were organised around schools in school-cooperation associations, and various other types of associations. Priority was given to the most vulnerable parts of the community to ensure that education be made available and accessible to children. Many communities had expressed the concept that education was the most important opportunity for their children. The education reform had undergone various amendments and bureaucratic barriers had been removed in order to improve access to education. Work was also being done to improve registration, and to remove barriers, including corruption, to ensure that major services were available to all the citizenry.
With regards to land, there was a major difference between the tax value of land and the commercial value, the delegation said, and this caused problems. There had been no single complaint registered with the labour department on discrimination. The greatest freedoms were guaranteed for trade union workers and journalists - there were no restrictions on the rights. There was a minimum number of workers to form a trade union - 20 if it was an small to medium enterprise, 30 for a medium-sized company, and 60 if it was a large company. With respect to domestic labour, domestic workers had a special category in labour contracts. There was a specific difference to what was known in Europe - a person working domestically was a person who was, generally, a person living with the family, and was part of the family in this regard. There was a discount for housing and food, and they would therefore never reach the minimum wage. These people were given time for their studies. Even so, the control measures carried out by the Labour Directorate included spot checks. There was a large number of people who were not covered, however, as the Directorate was quite small. If the person in domestic labour did not receive the minimum wage or was not insured, then the employer could be fined. On the informal sector, as to specifically what the policies were with regards to training, informal workers were usually self-sufficient, or at least sought to be. There was a National System for Professional Training, which provided training to thousands, providing contributions in cash and in kind to courses in accordance with regional demand to avoid too many migratory labour movements.
On migration, the number of persons who had gone to Europe was estimated at about 80,000. This was an economic phenomenon under globalisation. Around 5.2 per cent of the population moved internally from city to city, and the internal migration phenomenon was well established. The balance in internal migration was important, as almost the same number migrating to cities migrated to the countryside. Some 21 per cent of the internal migrants said they moved for labour reasons, and 57 per cent for study reasons, the delegation said. With regards to the difference in salaries between men and women, the Constitution established that workers of both sexes had the same rights and obligations with regards to labour, and the Labour Code included that employers had the same duties with regards to their employees. Women tended, however, to receive approximately 67 per cent of what men received, but the difference was smaller in the public sector. There was a lack of women in decision-making posts in all sectors. The participation of women in labour was promoted on the basis of equality and equity with men. Opportunities were also given to social dialogue between the different actors concerned, namely the Government, employers and employees to promote gender equality in access to employment and participation in labour commissions. There was a specific framework of action, as work was the fundamental means of meeting a person’s basic needs, as well as those of society as a whole.
On equality between public and private sector wages, there was no discrimination, but there was a practice for budgetary reasons. Up until 2005, there were a considerable number of civil servants who earned less than the minimum wage. Since 2006, the Government had determined to increase salaries, on an equal basis, in order to achieve the minimum wage. There were specific clear measures to ensure the levelling out of wage differences between the public and the private sector. Certain wages unfortunately were not increased because of the addition of a Value-Added Tax, and a large number of civil servants worked on a contract basis. If they were employed, they had to pay a 5 per cent tax, and for this reason there was now a very small difference, and the situation that occurred in the past would not be repeated. On whether pensions were sufficient to ensure decent living conditions, the retirement pension was based on contributions and the years during which contributions had been made - if all the requirements were met, then people could retire on 95 per cent of their salary during the last two years of their employment. Sixty four per cent of the population was under the age of 30, and this had meant that there were more contributions coming in now. There was special legislation for the private sector - the Institute of Social Security was the body which managed this.
Responding to follow-up questions, the delegation said there was an equality system set up between public officials and the Labour Code. The minimum wage at present was based solely on the Labour Code, and there was a Commission made up of various representatives which met and examined the variations in the Consumer Price Index. There was no discrimination, and State contracts were also subject to the provisions of the Labour Code. The country had been working to eradicate child labour in all forms, and this was linked to the country’s economic growth. Paraguay aimed to eradicate child labour in all its forms by 2020.
Questions by Experts
Taking up articles 10 to 12 of the Covenant, Experts raised, among other issues, the question of domestic violence, which was a phenomenon which affected all societies, and that the Criminal Code provided only for a fine, which was a very minor sanction; what was the situation with regards to maternal mortality; what type of health policy existed to deal with abortion and what was the legislation in that regard; to what extent the de-hospitalisation of mental health patients was advanced; what was being done to improve the situation of healthcare coverage, as basic healthcare coverage was vital, particularly for pregnant women and small children; whether the State party was doing anything with regards to forced evictions of indigenous communities and peoples from their ancestral lands without compensation and in contradiction with the guidelines set out by the Committee; issues linked to the glaring inequalities that existed and the startling poverty figures, and whether the Government’s poverty-reduction strategy took these inequalities and disparities into account when targeting the poor; issues related to the fact that 80 per cent of the housing deficit was in urban areas, and whether the Government had any statistics about the homeless, in particular in urban areas; what was the human rights situation in prisons; and to what extent the military service of children was still a fact in Paraguay.
On articles 13 to 15, Experts asked questions related to education, including the New Awakening Programme for children over 15 who were living in poverty, asking what was happening with regards to this Programme; what was the situation with regards to the National Literacy Plan and the associated reforms; a request for figures on the donations, loans and technical assistance given as aid from international organizations, Governments and the World Bank and whether this was of help for education reform; what was the criteria for the determination of the category of indigenous people in the last census; and what sort of protection was given for indigenous intellectual property rights and how the State ensured that they could enjoy the benefits of their production.
Response by Delegation
Responding to these questions and others, the delegation said the Paraguayan Criminal Code was being entirely revised. The punishment for domestic violence remained a fine, but the recommendation to change this would be sent to the legislature. The authorities did not wish to interfere in family life unless there was danger of death or violence on both sides. A law on sexual health was currently going through Parliament, and the Government would also check on this and keep the Committee informed as to what statistics were available in terms of domestic violence. Paraguay was going through a new phase, namely democracy, and it had had domestic political problems which had determined the path that the democracy took, in particular in 1998. Since then, the positions that had been taken with regards to forced expulsions had come under review. There were even fraudulent expulsions, where the landholder paid a deposit to buy the land, people were moved off the land, and the rest of the money was not paid. If campesinos did not own land, they could not be expelled, and thus being expelled from land that was not owned was a somewhat relative phenomenon. The Government was working to remedy the situation with regards to the right to land. Ever more measures were being taken to combat poverty, and this was the best way of improving the economy, giving purchasing power to those who had no purchasing power, and improving the economic, social and cultural levels.
New prisons had been built in order to improve the situation, the delegation said, and not because of a rise in crime. No torture had been found in any prison. Occupancy was such that the situation had to be improved but the Government was taking measures in this regard. Adolescents and children under the age of 14 could be imprisoned, and there were currently 160 such children imprisoned throughout the territory. Children were held in educational institutions, with the aim of re-educating them rather than imprisoning them, and buildings were being built in order to segregate them entirely, although they were currently held separately from prisoners, with different rehabilitation services available to them. Of the 6,000 prisoners in the system, 1,700 were following a re-education programme, and remote training for technical workers via the Internet was provided. Healthcare was also provided in prisons. Paraguay now wished to build a specific hospital in order to have one that was dedicated solely to prisoners, to offer full security within the framework of the National Health System.
Paraguay was an agricultural country, the delegation said, and family holdings were strategically important, as they made up 84 per cent of holdings. Disincentives were made for single crop growing, so as not to exhaust the soil. A census was being conducted on family holdings. A national programme was being implemented to discourage the single-crop holding, and to encourage families to grow enough variety for subsistence. In 2004, a body had been created, in line with the Rotterdam Convention on Pesticides, which implemented a ban on active pesticides in the country, including organochlorides and organophosphorus pesticides.
With regards to minors carrying out military service, substantial progress had been made both in legal and other terms in compliance with international standards in the International Covenant on the Rights of the Child, and the Optional Protocol on children and armed conflict. In 2002, there had been incorporation into national legislation of this Optional Protocol, which prohibited States parties from imposing mandatory enrolment of anyone below the age of 18 into the armed forces. The executive, through the Ministry of Defence, had submitted two draft amendments to the law on compulsory military service, and together with legislative progress, the armed forces had adopted a series of internal measures. An information campaign was being carried out to inform the youth of their specific rights with regards to military service. With regards to neuro-psychiatry in Paraguay, in 2003 the State had received a request, and an act of commitment had been signed, since when the State had been complying with the provisions of this act of commitment, including through Ministerial decisions, and a technical Commission of a multi-stakeholder nature, to provide technical assistance to the reform of the mental health system. The Commission had been working on a national plan for the reform of mental health programmes. In 2005-2006, there had been increases in the budget of the psychiatric hospital, and it now had enough resources for medication and human resources, in line with the plan to strengthen the mental care units.
On the intellectual property of indigenous persons, the delegation said when talking about intellectual property, in particular genetic resources and traditional knowledge of the indigenous people, Paraguay viewed as a frame of reference and a legacy for all Paraguayans the existence of these resources. The Guaranis had given Paraguay a rich and varied knowledge of the diversity of this heritage, and this diversity could generate considerable wealth, as could the various manifestations of the folklore or Paraguay. As a result, Paraguay was one of the countries that was trying, in the context of the World Intellectual Property Organization and the World Trade Organization, to claim recognition of and royalties for the use of such indigenous resources.
On child labour, Ms. Ruiz Diaz De Espinola said according to a study published by the International Labour Office and done through a household survey in the context of the 2002 census, there were 338,833 boys and girls that were economically active, namely working or looking for work. Child labour impacted on their attendance at formal education institutions, and there were 14.5 per cent of boys and girls who were not attending school, which was a significant proportion. The State through its institutions had been implementing childcare programmes to prevent child labour and protect children from exploitation. Public policies were being carried out to provide care to working boys and girls, and to their families, and training was being given to those who were responsible for monitoring these children. Work was carried out to coordinate efforts to limit and eventually eradicate child labour, and to protect adolescents, in particular from sexual exploitation. There was also a programme to reduce child labour in the streets, providing education, healthcare, food, and above all, sporting activities. Families were given extra support so they did not need the income.
The State had considered what it should be doing with regards to indigenous children in the context of their education. After consultation with indigenous communities, agreement had been reached to support the communities in maintaining the transmission of their culture. In indigenous schools, a specific model of intervention was being implemented, based on the indigenous culture, Ms. Ruiz Diaz De Espinola said. Apprenticeships and transfer of knowledge were being perpetuated. The State aided in training of indigenous teachers. Work was being done with those communities which merited particular concern and support. There was a literacy programme, A New Dawn, which had begun in 2004, and would run until 2008. This plan in 2005 reached 70 per cent of illiterate target groups and many more would be reached in 2006. This national plan had been very strongly supported by other complementary plans. There was also bilingual literacy training, and vocational training, in particular to women. These vocational training programmes were also very popular in penitentiary institutions.
With regards to the right to health, Paraguay had been developing these basic services for some time in a gradual way, Ms. Ruiz Diaz De Espinola said. Because of its history, Paraguay had gone through a series of situations of concern with regards to health. Since 2003, maternal health had been constantly improving, with major effort made thanks to the programmes and projects being run to ensure that pregnant women could have access to specific care programmes, vaccination programmes, and were provided with the means they needed to give birth. The State was making a major investment in birthing kits, ensuring that one was given to each pregnant woman, in particular the most remote and vulnerable areas, to ensure that pregnancy and birth went well. The Government needed, however, to invest further in healthcare. The work being carried out by the social health system was bringing the Government closer to the needier communities, where it would continue to work, in order to have a major impact in these areas. Progress was being made progressively and gradually, and the Government believed that the challenges it had before it and measures which needed to be adopted and improved should not be a repetition of history, which had in the past led to a denial of the right to health of all citizens. Sexual and reproductive health was being worked on from a sectoral and multi-sectoral basis, with many sections of the community. A draft law was before Parliament to help women with family planning, and thus reduce debts due to abortion. However, the living conditions and health of all needed to be improved as a priority.
Concluding Remarks
VICTORINA RUIZ DIAZ DE ESPINOLA, Minister at the Executive Secretariat of Childhood Affairs and Adolescence of Paraguay, in concluding remarks, said it had been a major opportunity for the delegation of Paraguay to go through this agenda and examine the matters which made this Covenant such an important one. This opportunity to discuss effectively and directly with the Experts of the Committee had allowed Paraguay to review what it was doing with its commitments. Paraguay had made major progress, and had made commitments at the national and international levels, but recognised that there remained areas in which it had to act in a more sustainable and efficient manner, in particular reviewing the situation as laid out in the Covenant.
Paraguay believed it would move forward in defining economic growth and employment policies, which would help it to identify these key areas, which were so important to the life of the citizenry. It would undertake this reflection with great responsibility, and would report back to the relevant authorities, in order for the latter to make progress. Paraguay recognised that it had to increase resources, in particular in the highly vulnerable areas pinpointed by the Committee. Paraguay believed that it needed to have a major impact on the indices to measure the quality of life, restore indigenous rights, and cooperate, going beyond the requirements of citizens. Basic services should be universally accessible to all citizens. Social investment, which was intended for the people to strengthen their overall health, needed to be increased. Measuring efficiency through instruments which would determine the areas where urgent action were required would help Paraguay to recover rights which should be restored to the citizenry.
Paraguay was aware of its responsibilities as a country and as a member of a major block of countries. It would like to make clear its commitment to make progress in this exercise, which made it possible to determine progress, establish goals, and identify weaknesses, so that in the future Paraguay and the Committee could meet and have better horizons for all its citizens. Paraguay would continue to seek the best and fairest measures to build a country of which all could be proud, and in which all were proud to be Paraguayans.
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For use of the information media; not an official record
and Cultural Rights
14 November 2007
The Committee on Economic, Social and Cultural Rights has considered the second and third periodic reports of Paraguay on how that country is implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.
Victorina Ruiz Diaz De Espinola, Minister at the Executive Secretariat of Childhood Affairs and Adolescence of Paraguay, said the report covered the period between 1994 and 2006. Paraguay, in keeping with its policy to respect, promote, and universally protect human rights would like to point to its strengthening of all mechanisms with regards to human rights. Paraguay was committed to development programmes that were currently being implemented, and the national Government hoped to achieve better compliance with the duties linked to the international instruments on human rights to which it had acceded. When looking at the legal framework that was in effect at this time, it was clear that headway had been made with regards to legislation, in particular those human rights that were enshrined therein.
Among the questions and issues raised by Experts were what were the main aspects of cases linked to economic, social and cultural rights which came before the Ombudsman’s office and what were the results of these cases; what were the judgements of ordinary courts concerning the protection of children, and in particular girls against sexual harassment; what positive measures had been taken to eliminate de facto discrimination against the indigenous in the labour market; what type of health policy existed to deal with abortion and what was the legislation in that regard; what was the human rights situation in prisons; and what sort of protection was given for indigenous intellectual property rights and how the State ensured that they could enjoy the benefits of their production.
In concluding remarks, Ms. Ruiz Diaz De Espinola said Paraguay believed it would move forward in defining economic growth and employment policies, which would help it to identify these key areas, which were so important to the life of the citizenry. It would undertake this reflection with great responsibility, and would report back to the relevant authorities, in order for the latter to make progress. Paraguay recognised that it had to increase resources, in particular in the highly-vulnerable areas pinpointed by the Committee. Paraguay believed that it needed to have a major impact on the indices to measure the quality of life, restore indigenous rights, and cooperate, going beyond the requirements of citizens.
The delegation of Paraguay included representatives of the Paraguayan mission to the United Nations Office at Geneva, the Ministry of Justice and Work, the Ministry of Housing, and the Ministry of External Relations.
The Committee will issue its final remarks on the reports of Paraguay towards the end of its session, which concludes on Friday, 23 November. The next scheduled meeting of the Committee will be on 23 November when it will issue its concluding observations and recommendations on reports considered before closing the session.
Report of Paraguay
The second and third periodic reports of Paraguay (E/C.12/PRY/3) says the economic results of the last decade have been highly discouraging and have affected the credibility of the government and the political institutions generally. As a result there is a growing desire among certain sectors of the population for a return to an authoritarian government, in which corruption was seen as less widespread and poverty less visible, since the great majority of the population were still living in rural areas. However, during the last five years Paraguay has been emerging from a long period of economic stagnation which left its population impoverished. In 2001, the poverty level was 34 per cent; according to the data for 2005 the proportion is estimated at 39.2 per cent. The fall in income per head is due to a considerable degree to the economic difficulties of the Southern Cone, which gave rise to significant devaluations in all the countries of the region. However, the increase in poverty in Paraguay is also a consequence of political instability and the inefficiencies of a highly informal system.
The development strategy of the new Administration is directed to the following ends: (i) to restore trust in public institutions by an unremitting campaign against corruption and by the modernization of the public administration; (ii) sustained growth, moving from an economic model based on “triangular” trade and public employment to one focussed on agro-industry and the diversification of exports; and (iii) an increase in human capital through greater investment in health and education and policies which increase equity and access to those services. The first steps have been taken to attack the extensive culture of corruption in the public administration, smuggling, tax evasion and the formalization of the economy. Efforts to reduce poverty should be principally focussed on rural areas. They should include appropriate land tax policies to bring unused land on to the market, concentrated settlement patterns, with a view to improving the provision of public services to rural communities and focussed technical assistance in agriculture. The expansion of services should continue to the extent that the fiscal situation permits.
The poverty indicators for Paraguay and the uncertain outlook regarding attainment of the Millennium Development Goals are a reflection of the many challenges facing long-term development, which will require sustained effort to overcome. One of the principal challenges is that of a labour force the majority of whose members are functionally illiterate. Paraguay’s capacity for domestic savings mobilization is severely limited by lack of confidence in the financial system following eight years of successive bank failures that, to date, have cost about 11 percent of GDP. The country must achieve a higher growth rate; a rate of less then 5 per cent is insufficient. On the positive side, it should be noted that Paraguay possesses a number of development assets which can be used in its favour, including a relatively young population which will enable growth to break the logjam in the social security system if new entrants can be enticed to join the formal economy.
Introduction of Report
Victorina Ruiz Diaz De Espinola, Minister at the Executive Secretariat of Childhood Affairs and Adolescence of Paraguay, introducing the second and third periodic reports of Paraguay, said the report covered the period between 1994 and 2006. Paraguay, in keeping with its policy to respect, promote, and universally protect human rights would like to point to its strengthening of all mechanisms with regards to human rights. The Experts should note that in the process of drafting the report, the recommendations that were put forth by the Committee in 1999 had been included. During the process of drafting, Paraguay had included the general revised guidelines for drafting. In drafting the report, a number of different State institutions played a role. These were entrusted with the promotion of these rights, and thus had been actively involved. National civil society had participated also in drafting and delivery. Paraguay recognised that the drafting of reports was an important exercise, as it developed State machinery with a view to observing human rights.
The rapid evolution which had taken place in a very young population should be kept in mind, as should be the achievements that had taken place since data had begun to be collected. Ms. Ruiz Diaz De Espinola said Paraguay was committed to development programmes that were currently being implemented, and the national Government hoped to achieve better compliance with the duties linked to the international instruments on human rights to which it had acceded. When looking at the legal framework that was in effect at this time, it was clear that headway had been made with regards to legislation, in particular those human rights that were enshrined therein. During the period of the report, a number of issues should be noted: new Criminal Procedure Codes, which had gone into effect in December 1998, a law on domestic violence, and the code on childhood and adolescence created a Secretariat for Child Affairs and Adolescence.
Ms. Ruiz Diaz De Espinola said another serious area of progress was seen in the situation of vulnerable populations. In 2004, with the approval of a new law, it had been established that it was compulsory for all public institutions to accommodate persons with disabilities. Citizens now enjoyed access to an institution which was tasked with protection of human rights, and was also responsible for dealing with human rights violations which took place during the dictatorship. It was vital, for the promotion of economic, social and cultural rights, to bear in mind the laws of 2002, which set forth the law on agrarian reform and rural development, and was geared towards producing an agrarian structure which would strengthen the integration of rural populations and national development. There had been an 85 per cent reduction of deforestation, and the country was in recovery in this regard.
Questions by Experts
Taking up articles one to five of the Covenant, Experts raised a range of issues, including the jurisdiction of courts or the electoral tribunal, which were only responsible for settling matters related to elections, and whether these were permanent jurisdictions; how many cases had been dealt with by the Ombudsman’s office over the last five years; what were the main aspects of cases linked to economic, social and cultural rights which came before the Ombudsman’s office and what were the results of these cases; Deforestation Zero, the national plan, which indicated a major challenge in many environmental areas; what specific budgets and programmes were allocated to equal opportunities, in particular gender equality, and whether there was any normative framework on these matters; to what extent the Ombudsman was involved in preparing the report; what was the punishment for domestic violence; what was being done concretely in schools and universities to teach economic, social and cultural rights; issues linked to land reform and land ownership; issues linked to the fact that the judiciary was not corruption-free and there was political interference in judgements; and whether there was any plan of action to register the many children that were not registered at birth, in order for them to have access to social services and public office.
Response by Delegation
Responding to these questions and others, the delegation said the dialogue would be a great help for Paraguay to fulfil its international commitments. With regards to why the word “indigenous” did not cover such an important ethnic group as the Guaranis, Spanish policy at the time of colonisation was to unify the Spaniards and the Guarani natives. This strategy was passively accepted by the Guarani, as because of the close links with the Spaniards they could have sufficient weapons to fight with other enemy tribes, and this took place in other States as well. The merging of the two ethnic groups led to a blend of ethnic groups, which was perhaps one of the most consistent in Latin America. There was no recollection of any battle waged between the Spanish and the Guaranis. There was reflection of this blend in the way that language was used in Paraguay, and could be seen in other aspects of daily life. The problem for the Committee was issues that revolved around indigenous issues. The indigenous peoples of Paraguay were not “pure”, nor were they all Guarani, they were from other ethnic groups. The indigenous problem per se was not such a wide-spread problem, as all were members of the same mixture of peoples.
On the appointment of the Supreme Court, and whether there was still the triple Montesquieu view of the division of the supreme powers, the Members of the Supreme Court were called Ministers as this was their status in the hierarchy of the administration. This was a trend which stemmed from the Rio de la Plata view of the law, with some overlapping between the executive and the judicial in the legislative. This was a regional matter - these titles were used in other countries in the same way. As to the Electoral Court or College, this had responsibilities whether or not there were elections. For a term of five years there were internal party elections for posts within the party, then civil or municipal elections, then internal elections within parties for the Presidential elections, then the Presidential elections themselves. During this period of five years, there were therefore always elections, in which the Electoral Court was involved. It was also responsible for solving disputes between civil servants and the State.
With regards to equal access to justice for all citizens and whether everybody had access to justice, people were given a lawyer to represent them, who had an investigative task. The Public Defenders were tasked with protecting the rights of minors, the poor, and other vulnerable groups, and these were present throughout the country. Access to justice was defended through various mechanisms. The Secretariat for Women depended on the executive as it was run by a Minister, the delegation said. Policy for women was, as were other policies, determined in the context of guidelines which were determined by the Executive. The Secretariat was responsible for gender-specific policies and policies geared towards women. In rural areas, women played the role of mothers and farmers, and were often the heads of households. There was no distinction between children born in wedlock and out of wedlock, and there were laws on the books providing for equality in inheritance, succession, and other points, notwithstanding the birth status of the child.
On legislation with regards to equality, the 1992 Constitution had a number of norms which were directly applied, and required no laws to be enacted. Article 44 guaranteed equality - equal taxation, equal labour, equal access to public institutions, all of which were directly applied. Any person who found themselves in a situation of inequality could invoke Constitutional remedy, and the sentence handed down would be directly and concretely applied. The entire criminal procedure had been changed - there had been a movement from a written system to an oral trial, and this ensured that a person got a more rapid, and thus less expensive and fair trial. There had also been a move from the inquisitive system, which had a presumption of guilt, to investigation and an adversarial system of justice, under which the citizen enjoyed all the rights of due process; the judge was no longer responsible for running the investigation - it was instead the responsibility of the prosecutor. Modern concepts had also been introduced with regards to rape and sexual harassment, among others. At this time, the Criminal Code was being overhauled and restructured by Congress. However, above and beyond increasing the sentence to be served for domestic violence, related crimes were also punished by the law, and the new draft Code enhanced this. A number of Brazilians had bought extensive lands within Paraguay, the delegation said, and the Government had been providing for the extension of a 50-km security fence in order to better control the border. This also related to national security, as it was difficult to control what was going in and out of the country.
With regards to the natural rights of the child, Ms. Ruiz Diaz De Espinola said that approximately 60 per cent of children had been registered. Based on this, the national system for the protection and promotion of children’s rights and the rights of adolescents had implemented various mechanisms, helping the mother to play a role in the mother-and-child relationship. A certificate of live birth was given to all children, especially those born in a medical facility. Many women in Paraguay had their children in their communities, far from medical facilities, and therefore alternative programmes had been developed, in particular working with midwives. A group of Ministries who were involved in childhood were working together to ensure these children could implement their rights - and for this, it was important for the child to be documented. This was an important issue in the country. The Government was working with NGOs and civil society in order to increase registration in this regard, along with grass-roots communities. Current law was being amended, as it required a certificate of live birth to be produced in order to register a child. It would now be easier for a woman to register the child, as long as she produced two witnesses. This had increased significantly the number of children who were registered. The system was more flexible and supple, and in some hospitals children were registered after birth with an ID document as well as live certificate of birth. A great deal of headway had been made in breaking the barriers to registration. Registration was important not just for identification and protection, but also to ensure that children could enjoy their rights.
In Paraguay, Ms. Ruiz Diaz De Espinola said, there was a strong desire of the State to make headway in the field of equality, and to establish institutions guaranteeing this equality. Very often the State established Secretariats and then adopted various decisions, taking into account a number of different factors in keeping with what was happening at that time. The creation of the Ministry of Women’s Affairs was an illustration of this. In the case of indigenous and displaced women in urban areas there could be double discrimination, and the Government was currently working with a view to ensuring resettlement of such women or, where appropriate, of families. As to women in rural areas, there was a double cultural and historic implication, and women in Paraguay were facing major challenges, with a growing awareness among the public at various levels of the possibilities and opportunities open to women with regards to equal treatment with men. Paraguay sought to establish social budgets in areas where there was a clear vision of equal opportunities for men and women.
The estimated population of Paraguay was approximately 6 million, the delegation said, based on the last census, which was carried out in 2002. It was a very homogenous population, compared with other Latin America countries. The pure indigenous were only about 8 per cent of the population, but all spoke the indigenous language, it was the main language. Thirty per cent of the population did not speak Spanish and only spoke Guarani. There was therefore no discrimination on the base of race, religion or nationality - there were other types of discrimination to be fought, but they were not the traditional types of discrimination. Paraguay had close links and economic relations with its neighbouring countries, mainly due to the fact that it had no coastline and products had to pass through Argentina or Brazil. A customs union had therefore been organised, with a form of regional integration that was deep reaching and complete in economic terms and in certain political areas, such as combating crime. Energetic measures were being taken to push back deforestation and recover the valuable natural forests, and this was taking place through cooperation at many levels, including with environmental NGOs.
On whether the State intended to carry out the sentences pronounced by the Inter-American Human Rights Court, the delegation said this was absolutely the case, and Paraguay was in a position to and was right now complying with, within existing possibilities, all existing decisions of that Court. Paraguay recognised the competency of the Court. The issue of the transfer of ancestral lands was very complex, and the enforcement of the decision of the Court in this regard was very difficult, not only with regards to financial resources, but also with regards to a whole set of legal obstacles in accordance with domestic legislation which needed to be dealt with in order to facilitate the transfer of the ancestral lands, which were currently in the hands of private owners. On the other points, the Government was complying with the provisions of the decision on provision of assistance, medical assistance, and food assistance as required under the decision of the Court and through the competent national institutions of the appropriate Ministries.
Latin America as a whole had been immersed since decolonisation in the problem of land ownership, the delegation said, and land reform had been discussed in depth in Paraguay, which had been seeking solutions for many years. There had been a law in 2004, which had been adopted to deal with the agrarian reform - the model that Paraguay was trying to develop was one based on recognition of private land ownership, and an endeavour to redistribute land by means of disincentive tax for latifundas, promoting greater rationalisation in land ownership and use. There was also an intent to ensure that land was used productively, to enable Paraguay to compete in areas where it could be competitive in the light of its natural and human resources. In the framework of this land redistribution, there had been intense work to achieve a more rational distribution of the land. Land had been acquired to distribute it to the dispossessed. There was also a substantive increase in the Government’s social expenditure, which had made it possible to extend services to the needy population. Work was also being done to promote the sustainable use of water.
With regards to the public prosecutor, the delegation said in 2002 the Ombudsman dealt more specifically with civil rights, particularly the right to information, court guarantees, recognition and protection of the life of the person, social rights, and economic rights. Some 1,474 cases had been dealt with in 2004, and legal advice had been given in 402 of those cases. For 2004, in the light of the issue of gender equality, an investigation was carried out with respect to the number of those entering university, and it was seen that in law, for example, 45.5 per cent of university entrants were women - and 63.3 per cent of applicants to be solicitors were women. In some cases it was necessary to use public force in order to expel people from land, however, there were only a few cases of this in previous years, and it was always necessary to use and respect a judicial order in this respect. After years of stagnation of the GDP, there had been an increase since 2003 - with 3.7 per cent annual growth rate between 2003-2005. The national economy would be going through its fifth consecutive year of sustained growth this year. External debt had been reduced by more than $ 338 million, and Paraguay was one of the countries that had the least debt in the region. The medium-term objectives of the programme were to maintain the economy’s growth at 4 to 5 per cent.
Questions by Experts
Taking up articles six to nine of the Covenant, Experts raised, among other issues, trade union freedoms and what was the situation with regards to the number of workers required to set up a trade union; issues linked to the labour of those under 12 who had been working in the service economy in the capital city, and what was the policy of the Ministry that was responsible for protection of children and their rights in that respect; what was happening with regards to plans to extend the right to education to every child in Paraguay; what were the judgements of ordinary courts concerning the protection of children, and in particular girls against sexual harassment; what was being done to ensure that all workers received the minimum wage, as 40 per cent of workers did not receive this; why there was no minimum wage in the public sector; whether the Government intended to regularise the informal sector and what steps were being taken in that regard; what positive measures had been taken to eliminate de facto discrimination against the indigenous in the labour market; what was the public policy with regards to the right to work of those abandoning the countryside and streaming into the cities; what were the problems and difficulties of the young in achieving employment; and whether basic retirement pensions provided a decent life for people.
Response by Delegation
Responding to these questions and others, the delegation said many of the questions could not be answered specifically today with regards to figures. The Ministry of Children dealt with child labour. To speak of economic, social and cultural rights necessarily included boys, girls, and adolescents, and this was a large share of Paraguay’s population. Child labour was an issue which did cause problems, and the Government tried to deal with it, in particular with regards to compliance with ILO Conventions, and it had therefore developed a national programme of protection and eradication of child labour, as well as protecting adolescents who worked. The economic situation of the country did lead to children working. Work done by children involved domestic work in middle-class families. The Government had taken decisions in this regard. The National Plan of Action dealt with this issue, in particular with children working in the streets, and over 1,400 children were being dealt with in a social hosting programme. The Government was also working on improving the lives of children, examining nutrition, child health, and giving credit to mothers in order to keep their children in programmes and off the streets. With regards to domestic labour, there were a large number of children working in this area, and it consequently had a cultural impact as many rural children were sent to work in urban areas with the idea that their studies would be guaranteed - however, in certain circumstances, this was not the case, as they were put in a vulnerable situation in many regards. The Government had a special unit to deal with this, and was working with NGOs in order to ensure comprehensive protection.
Work was also being carried out to prevent sexual exploitation of children, the delegation said, including through the context of MERCOSUR and preventing children from being victims of trafficking for sexual exploitation or for purposes of child pornography. With regards to the right to education, the Constitution established that basic education was obligatory and free, and since the educational reform was instituted, it was a State social policy, legally recognised. This showed the importance attached by the international community to the right to education. The various communities in the country were organised around schools in school-cooperation associations, and various other types of associations. Priority was given to the most vulnerable parts of the community to ensure that education be made available and accessible to children. Many communities had expressed the concept that education was the most important opportunity for their children. The education reform had undergone various amendments and bureaucratic barriers had been removed in order to improve access to education. Work was also being done to improve registration, and to remove barriers, including corruption, to ensure that major services were available to all the citizenry.
With regards to land, there was a major difference between the tax value of land and the commercial value, the delegation said, and this caused problems. There had been no single complaint registered with the labour department on discrimination. The greatest freedoms were guaranteed for trade union workers and journalists - there were no restrictions on the rights. There was a minimum number of workers to form a trade union - 20 if it was an small to medium enterprise, 30 for a medium-sized company, and 60 if it was a large company. With respect to domestic labour, domestic workers had a special category in labour contracts. There was a specific difference to what was known in Europe - a person working domestically was a person who was, generally, a person living with the family, and was part of the family in this regard. There was a discount for housing and food, and they would therefore never reach the minimum wage. These people were given time for their studies. Even so, the control measures carried out by the Labour Directorate included spot checks. There was a large number of people who were not covered, however, as the Directorate was quite small. If the person in domestic labour did not receive the minimum wage or was not insured, then the employer could be fined. On the informal sector, as to specifically what the policies were with regards to training, informal workers were usually self-sufficient, or at least sought to be. There was a National System for Professional Training, which provided training to thousands, providing contributions in cash and in kind to courses in accordance with regional demand to avoid too many migratory labour movements.
On migration, the number of persons who had gone to Europe was estimated at about 80,000. This was an economic phenomenon under globalisation. Around 5.2 per cent of the population moved internally from city to city, and the internal migration phenomenon was well established. The balance in internal migration was important, as almost the same number migrating to cities migrated to the countryside. Some 21 per cent of the internal migrants said they moved for labour reasons, and 57 per cent for study reasons, the delegation said. With regards to the difference in salaries between men and women, the Constitution established that workers of both sexes had the same rights and obligations with regards to labour, and the Labour Code included that employers had the same duties with regards to their employees. Women tended, however, to receive approximately 67 per cent of what men received, but the difference was smaller in the public sector. There was a lack of women in decision-making posts in all sectors. The participation of women in labour was promoted on the basis of equality and equity with men. Opportunities were also given to social dialogue between the different actors concerned, namely the Government, employers and employees to promote gender equality in access to employment and participation in labour commissions. There was a specific framework of action, as work was the fundamental means of meeting a person’s basic needs, as well as those of society as a whole.
On equality between public and private sector wages, there was no discrimination, but there was a practice for budgetary reasons. Up until 2005, there were a considerable number of civil servants who earned less than the minimum wage. Since 2006, the Government had determined to increase salaries, on an equal basis, in order to achieve the minimum wage. There were specific clear measures to ensure the levelling out of wage differences between the public and the private sector. Certain wages unfortunately were not increased because of the addition of a Value-Added Tax, and a large number of civil servants worked on a contract basis. If they were employed, they had to pay a 5 per cent tax, and for this reason there was now a very small difference, and the situation that occurred in the past would not be repeated. On whether pensions were sufficient to ensure decent living conditions, the retirement pension was based on contributions and the years during which contributions had been made - if all the requirements were met, then people could retire on 95 per cent of their salary during the last two years of their employment. Sixty four per cent of the population was under the age of 30, and this had meant that there were more contributions coming in now. There was special legislation for the private sector - the Institute of Social Security was the body which managed this.
Responding to follow-up questions, the delegation said there was an equality system set up between public officials and the Labour Code. The minimum wage at present was based solely on the Labour Code, and there was a Commission made up of various representatives which met and examined the variations in the Consumer Price Index. There was no discrimination, and State contracts were also subject to the provisions of the Labour Code. The country had been working to eradicate child labour in all forms, and this was linked to the country’s economic growth. Paraguay aimed to eradicate child labour in all its forms by 2020.
Questions by Experts
Taking up articles 10 to 12 of the Covenant, Experts raised, among other issues, the question of domestic violence, which was a phenomenon which affected all societies, and that the Criminal Code provided only for a fine, which was a very minor sanction; what was the situation with regards to maternal mortality; what type of health policy existed to deal with abortion and what was the legislation in that regard; to what extent the de-hospitalisation of mental health patients was advanced; what was being done to improve the situation of healthcare coverage, as basic healthcare coverage was vital, particularly for pregnant women and small children; whether the State party was doing anything with regards to forced evictions of indigenous communities and peoples from their ancestral lands without compensation and in contradiction with the guidelines set out by the Committee; issues linked to the glaring inequalities that existed and the startling poverty figures, and whether the Government’s poverty-reduction strategy took these inequalities and disparities into account when targeting the poor; issues related to the fact that 80 per cent of the housing deficit was in urban areas, and whether the Government had any statistics about the homeless, in particular in urban areas; what was the human rights situation in prisons; and to what extent the military service of children was still a fact in Paraguay.
On articles 13 to 15, Experts asked questions related to education, including the New Awakening Programme for children over 15 who were living in poverty, asking what was happening with regards to this Programme; what was the situation with regards to the National Literacy Plan and the associated reforms; a request for figures on the donations, loans and technical assistance given as aid from international organizations, Governments and the World Bank and whether this was of help for education reform; what was the criteria for the determination of the category of indigenous people in the last census; and what sort of protection was given for indigenous intellectual property rights and how the State ensured that they could enjoy the benefits of their production.
Response by Delegation
Responding to these questions and others, the delegation said the Paraguayan Criminal Code was being entirely revised. The punishment for domestic violence remained a fine, but the recommendation to change this would be sent to the legislature. The authorities did not wish to interfere in family life unless there was danger of death or violence on both sides. A law on sexual health was currently going through Parliament, and the Government would also check on this and keep the Committee informed as to what statistics were available in terms of domestic violence. Paraguay was going through a new phase, namely democracy, and it had had domestic political problems which had determined the path that the democracy took, in particular in 1998. Since then, the positions that had been taken with regards to forced expulsions had come under review. There were even fraudulent expulsions, where the landholder paid a deposit to buy the land, people were moved off the land, and the rest of the money was not paid. If campesinos did not own land, they could not be expelled, and thus being expelled from land that was not owned was a somewhat relative phenomenon. The Government was working to remedy the situation with regards to the right to land. Ever more measures were being taken to combat poverty, and this was the best way of improving the economy, giving purchasing power to those who had no purchasing power, and improving the economic, social and cultural levels.
New prisons had been built in order to improve the situation, the delegation said, and not because of a rise in crime. No torture had been found in any prison. Occupancy was such that the situation had to be improved but the Government was taking measures in this regard. Adolescents and children under the age of 14 could be imprisoned, and there were currently 160 such children imprisoned throughout the territory. Children were held in educational institutions, with the aim of re-educating them rather than imprisoning them, and buildings were being built in order to segregate them entirely, although they were currently held separately from prisoners, with different rehabilitation services available to them. Of the 6,000 prisoners in the system, 1,700 were following a re-education programme, and remote training for technical workers via the Internet was provided. Healthcare was also provided in prisons. Paraguay now wished to build a specific hospital in order to have one that was dedicated solely to prisoners, to offer full security within the framework of the National Health System.
Paraguay was an agricultural country, the delegation said, and family holdings were strategically important, as they made up 84 per cent of holdings. Disincentives were made for single crop growing, so as not to exhaust the soil. A census was being conducted on family holdings. A national programme was being implemented to discourage the single-crop holding, and to encourage families to grow enough variety for subsistence. In 2004, a body had been created, in line with the Rotterdam Convention on Pesticides, which implemented a ban on active pesticides in the country, including organochlorides and organophosphorus pesticides.
With regards to minors carrying out military service, substantial progress had been made both in legal and other terms in compliance with international standards in the International Covenant on the Rights of the Child, and the Optional Protocol on children and armed conflict. In 2002, there had been incorporation into national legislation of this Optional Protocol, which prohibited States parties from imposing mandatory enrolment of anyone below the age of 18 into the armed forces. The executive, through the Ministry of Defence, had submitted two draft amendments to the law on compulsory military service, and together with legislative progress, the armed forces had adopted a series of internal measures. An information campaign was being carried out to inform the youth of their specific rights with regards to military service. With regards to neuro-psychiatry in Paraguay, in 2003 the State had received a request, and an act of commitment had been signed, since when the State had been complying with the provisions of this act of commitment, including through Ministerial decisions, and a technical Commission of a multi-stakeholder nature, to provide technical assistance to the reform of the mental health system. The Commission had been working on a national plan for the reform of mental health programmes. In 2005-2006, there had been increases in the budget of the psychiatric hospital, and it now had enough resources for medication and human resources, in line with the plan to strengthen the mental care units.
On the intellectual property of indigenous persons, the delegation said when talking about intellectual property, in particular genetic resources and traditional knowledge of the indigenous people, Paraguay viewed as a frame of reference and a legacy for all Paraguayans the existence of these resources. The Guaranis had given Paraguay a rich and varied knowledge of the diversity of this heritage, and this diversity could generate considerable wealth, as could the various manifestations of the folklore or Paraguay. As a result, Paraguay was one of the countries that was trying, in the context of the World Intellectual Property Organization and the World Trade Organization, to claim recognition of and royalties for the use of such indigenous resources.
On child labour, Ms. Ruiz Diaz De Espinola said according to a study published by the International Labour Office and done through a household survey in the context of the 2002 census, there were 338,833 boys and girls that were economically active, namely working or looking for work. Child labour impacted on their attendance at formal education institutions, and there were 14.5 per cent of boys and girls who were not attending school, which was a significant proportion. The State through its institutions had been implementing childcare programmes to prevent child labour and protect children from exploitation. Public policies were being carried out to provide care to working boys and girls, and to their families, and training was being given to those who were responsible for monitoring these children. Work was carried out to coordinate efforts to limit and eventually eradicate child labour, and to protect adolescents, in particular from sexual exploitation. There was also a programme to reduce child labour in the streets, providing education, healthcare, food, and above all, sporting activities. Families were given extra support so they did not need the income.
The State had considered what it should be doing with regards to indigenous children in the context of their education. After consultation with indigenous communities, agreement had been reached to support the communities in maintaining the transmission of their culture. In indigenous schools, a specific model of intervention was being implemented, based on the indigenous culture, Ms. Ruiz Diaz De Espinola said. Apprenticeships and transfer of knowledge were being perpetuated. The State aided in training of indigenous teachers. Work was being done with those communities which merited particular concern and support. There was a literacy programme, A New Dawn, which had begun in 2004, and would run until 2008. This plan in 2005 reached 70 per cent of illiterate target groups and many more would be reached in 2006. This national plan had been very strongly supported by other complementary plans. There was also bilingual literacy training, and vocational training, in particular to women. These vocational training programmes were also very popular in penitentiary institutions.
With regards to the right to health, Paraguay had been developing these basic services for some time in a gradual way, Ms. Ruiz Diaz De Espinola said. Because of its history, Paraguay had gone through a series of situations of concern with regards to health. Since 2003, maternal health had been constantly improving, with major effort made thanks to the programmes and projects being run to ensure that pregnant women could have access to specific care programmes, vaccination programmes, and were provided with the means they needed to give birth. The State was making a major investment in birthing kits, ensuring that one was given to each pregnant woman, in particular the most remote and vulnerable areas, to ensure that pregnancy and birth went well. The Government needed, however, to invest further in healthcare. The work being carried out by the social health system was bringing the Government closer to the needier communities, where it would continue to work, in order to have a major impact in these areas. Progress was being made progressively and gradually, and the Government believed that the challenges it had before it and measures which needed to be adopted and improved should not be a repetition of history, which had in the past led to a denial of the right to health of all citizens. Sexual and reproductive health was being worked on from a sectoral and multi-sectoral basis, with many sections of the community. A draft law was before Parliament to help women with family planning, and thus reduce debts due to abortion. However, the living conditions and health of all needed to be improved as a priority.
Concluding Remarks
VICTORINA RUIZ DIAZ DE ESPINOLA, Minister at the Executive Secretariat of Childhood Affairs and Adolescence of Paraguay, in concluding remarks, said it had been a major opportunity for the delegation of Paraguay to go through this agenda and examine the matters which made this Covenant such an important one. This opportunity to discuss effectively and directly with the Experts of the Committee had allowed Paraguay to review what it was doing with its commitments. Paraguay had made major progress, and had made commitments at the national and international levels, but recognised that there remained areas in which it had to act in a more sustainable and efficient manner, in particular reviewing the situation as laid out in the Covenant.
Paraguay believed it would move forward in defining economic growth and employment policies, which would help it to identify these key areas, which were so important to the life of the citizenry. It would undertake this reflection with great responsibility, and would report back to the relevant authorities, in order for the latter to make progress. Paraguay recognised that it had to increase resources, in particular in the highly vulnerable areas pinpointed by the Committee. Paraguay believed that it needed to have a major impact on the indices to measure the quality of life, restore indigenous rights, and cooperate, going beyond the requirements of citizens. Basic services should be universally accessible to all citizens. Social investment, which was intended for the people to strengthen their overall health, needed to be increased. Measuring efficiency through instruments which would determine the areas where urgent action were required would help Paraguay to recover rights which should be restored to the citizenry.
Paraguay was aware of its responsibilities as a country and as a member of a major block of countries. It would like to make clear its commitment to make progress in this exercise, which made it possible to determine progress, establish goals, and identify weaknesses, so that in the future Paraguay and the Committee could meet and have better horizons for all its citizens. Paraguay would continue to seek the best and fairest measures to build a country of which all could be proud, and in which all were proud to be Paraguayans.
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