United Nations

General Assembly

A/HRC/39/52/Add.1
Distr.: General
20 July 2018
Original: English

Human Rights Council
Thirty-ninth session
10–28 September 2018
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

Report of the Special Rapporteur on contemporary forms of
slavery, including its causes and consequences, on her
mission to Paraguay
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the report of
the Special Rapporteur on contemporary forms of slavery, including its causes and
consequences, on her mission to Paraguay from 17 to 24 July 2017. On the basis of
information gathered prior to and during her visit, the mandate holder highlights the
positive steps taken by the Government of Paraguay to prevent and eradicate contemporary
forms of slavery, including significant reductions in the worst forms of child labour,
developments in the national legal and institutional framework, regional engagement on
issues relating to exploitation, including contemporary forms of slavery, and efforts to bring
an end to forced labour. She makes recommendations to the Government of Paraguay on
how to continue and build on progress made through a comprehensive and multifaceted
programme of action that includes steps to eradicate and prevent all contemporary forms of
slavery, and to provide access to justice for all victims. In the report, the mandate holder
describes how the Government can close protection gaps to ensure that all people, including
indigenous peoples, vulnerable children and female domestic workers, are protected against
all forms of contemporary slavery.

GE.18-12049(E)



 A/HRC/39/52/Add.1

Report of the Special Rapporteur on contemporary forms of
slavery, including its causes and consequences, on her
mission to Paraguay*
Contents
Page

I.

Introduction ...................................................................................................................................

3

II.

Background ...................................................................................................................................

3

A.

Economic and political situation ...........................................................................................

3

B.

Legal framework ...................................................................................................................

4

C.

Institutional and policy framework .......................................................................................

5

Addressing contemporary forms of slavery ..................................................................................

5

A.

Legal, institutional and policy framework ............................................................................

5

B.

Changes in social attitudes ....................................................................................................

6

C.

Compliance with labour standards ........................................................................................

6

D.

Sustainable Development Goals ...........................................................................................

7

Issues of concern ...........................................................................................................................

7

A.

Cross-cutting weaknesses in government responses .............................................................

8

B.

Decent work deficits .............................................................................................................

8

C.

Criadazgo .............................................................................................................................

10

D.

Other contemporary forms of slavery and slavery-like practices affecting children,
including the worst forms of child labour .............................................................................

12

E.

Forced and bonded labour.....................................................................................................

13

F.

Domestic servitude ...............................................................................................................

14

G.

Challenges to access to justice ..............................................................................................

15

Conclusions and recommendations ...............................................................................................

15

A.

Conclusions ..........................................................................................................................

15

B.

Recommendations.................................................................................................................

16

III.

IV.

V.

* Circulated in the language of submission and in Spanish only.

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I. Introduction
1.
The Special Rapporteur on contemporary forms of slavery, including its causes and
consequences Urmila Bhoola visited Paraguay from 17 to 24 July 2017. During her visit,
she met with officials from a broad range of government departments, including the
Ministry of Foreign Affairs, the Ministry of Labour, Employment and Social Security, the
Ministry for Women, the Secretariat for Children and Adolescents, the Public Ministry, the
Ministry of Justice, the Ministry of Education and Science, the human rights ombudsman
(Defensoría del Pueblo), the Ministry of the Public Defender, the national congress, the
Supreme Court, the National Institute for Indigenous Peoples (INDI) and the National
Commission for the Elimination of Child Labour (CONAETI).
2.
The Special Rapporteur also visited relevant programme sites, including a centre
operating a helpline (Fono Ayuda) for children and adolescents at risk or who are victims of
exploitation, and a childcare centre linked to the Abrazo programme (to protect the rights of
children by reducing their vulnerability to exploitation and other human rights abuses). She
also met with the Resident Coordinator, the United Nations country team, the members of
the Paraguay office of the Office of the United Nations High Commissioner for Human
Rights (OHCHR) and representatives of a number of non-governmental organizations, trade
unions, indigenous organizations and private sector stakeholders. The meetings and visits
were conducted in the capital Asunción, and in Filadelfia and Neuland in the Chaco region.
3.
The Special Rapporteur extends her thanks to the Government of Paraguay for the
invitation to visit the country and to officials from different State entities for engaging in a
fruitful and meaningful dialogue. She also thanks the personnel of the Paraguay OHCHR
office for their comprehensive assistance in the planning and conduct of her visit, and the
Resident Coordinator and the United Nations country team for their input and support.
Lastly, the Special Rapporteur expresses her sincere appreciation to all civil society
organizations, trade unions, indigenous organizations, business associations and individuals
who took the time to meet and share their experiences with her.

II. Background
A.

Economic and political situation
4.
Paraguay is an upper-middle-income, landlocked country in the southern cone of
Latin America, with a population of 7 million. Although it has witnessed sustained growth
in GDP over the past five years, it continues to be affected by significant levels of both
poverty and inequality, and is one of the poorest countries in the Latin American region.
The population is relatively young, given that around 45 per cent of inhabitants are aged
between 0 and 25 years. The country faces significant logistical challenges, and lacks
mineral and petroleum resources, which makes it heavily dependent on neighbouring
countries, particularly Brazil and Argentina, which are fellow members of the Southern
Common Market (MERCOSUR). The economy is primarily agricultural, and is therefore
particularly vulnerable to weather conditions and developments in the global economy that
have an impact on demand for and the price of commodities. A large proportion of the
Paraguayan population derives its living from farming, often on a subsistence basis. Key
crops are soybeans, cotton and meat. The market economy is characterized by its large
informal sector driven by thousands of microenterprises and urban street vendors. A
significant part of the country’s trade is based on goods imported from the United States of
America and Asia for re-export to neighbouring countries. Most imported goods are not
declared to customs, thereby depriving the State of a substantial amount of tax revenue. 1

1

See World Bank, “The World Bank in Paraguay” (available from www.worldbank.org/en/
country/paraguay/overview). According to the Special Rapporteur on the right to food, 94 per cent of
agricultural land in Paraguay is used for export crops, and between 60 and 80 per cent of land belongs

3

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5.
Information received by the Special Rapporteur during her mission suggested that
Paraguay faces a number of complex and cross-cutting challenges that compound the
vulnerability of individuals to contemporary forms of slavery, and that the Government’s
capacity to respond to such phenomena was limited. The challenges include resource
constraints and the weak impact of government institutions resulting from, inter alia,
difficulties in providing universal coverage of services throughout the country; generalized
patterns of persistent discrimination, including discrimination on the basis of gender, age
and minority status; the weakening of the social fabric; and periods of social instability and
civil unrest.

B.
1.

Legal framework
International and regional legal framework
6.
Paraguay has ratified the core international human rights instruments, including the
International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child, the Convention
on the Rights of Persons with Disabilities, the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families and the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime. The
State has yet to ratify the Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights.
7.
In 2007, Paraguay acceded to the Slavery Convention and the Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery.
8.
Paraguay has also ratified the core conventions of the International Labour
Organization (ILO) relating to forced labour, child labour and its worst forms, including the
Forced Labour Convention, 1930 (No. 29) and the Protocol thereto, the Abolition of Forced
Labour Convention, 1957 (No. 105), the Worst Forms of Child Labour Convention, 1999
(No. 182), the Minimum Age for Employment Convention, 1973 (No. 138) and the ILO
Declaration on Fundamental Principles and Rights at Work. The State has also ratified the
Domestic Workers Convention, 2011 (No. 189).
9.
In addition, Paraguay has ratified all relevant regional standards for protection
against contemporary forms of slavery, including the American Declaration of the Rights
and Duties of Man, the American Convention on Human Rights and the Protocol of San
Salvador.

2.

National legal framework
10.
A number of national legal provisions pertain to the elimination of all contemporary
forms of slavery. Slavery is prohibited by the Constitution, while slavery and forced labour
are criminalized in the Penal Code. In 2015, child domestic work was prohibited by law
No. 5.407, which also raised the minimum wage for domestic work. The practice of unpaid
domestic child labour (criadazgo) is also prohibited in the forms of hazardous work for
children listed in Decree No. 4951. Also with regard to criadazgo, the Comprehensive Act
to Combat Trafficking in Persons (Act No. 4788/12) was passed in 2012. The law has led to
instances of the practice being prosecuted as internal trafficking offences. Other relevant
laws and provisions include the Code on Children and Adolescents (law No 1.680/01),
which is the main piece of legislation on children’s rights, and the 1993 Labour Code,
which provides labour rights protection for Paraguayan citizens.

to 2 to 3 per cent of the population (see A/HRC/34/48/Add.2). See also CIA, The World FactBook,
Paraguay, at www.cia.gov/library/publications/the-world-factbook/geos/pa.html.

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C.

Institutional and policy framework
11.
Paraguay has a comprehensive institutional and policy framework that protects
children from the worst forms of child labour and prohibits forced labour, domestic
servitude and other extreme forms of labour exploitation that could be characterized as
contemporary forms of slavery. In 2013, the Government committed to strengthening the
National System for the Protection and Promotion of the Rights of Children (SNPPI).
Various multi-sectoral coordination bodies have been established, including the National
Commission for the Elimination of Child Labour (CONAETI), an institutional round table
on child labour and the National Commission on Forced Labour. The new Ministry of
Labour, Employment and Social Security has also worked in partnership with ILO to
increase the capacity of the labour inspectorate and to decentralize the services provided by
the Ministry. The Government has also made efforts to develop its institutional capacity to
address women’s rights and gender equality, including the work of the Ministry of Women,
to ensure the mainstreaming of equal opportunities for women in employment.
12.
The Special Rapporteur received information about the work of the Secretariat on
Children and Adolescents in building a comprehensive national child protection system,
including the creation of a call centre to report violations of children’s rights (Fono Ayuda
147), the Abrazo and Tekoporã social support programmes, municipal-level coordination
and the multi-disciplinary Municipal Advisory Service on the Rights of Children and
Adolescents (CODENI), which responds to reports of violations of children’s rights,
including those relating to contemporary forms of slavery.
13.
The Special Rapporteur also received information about a number of different
policies, including the National Strategy for the Prevention of Forced Labour 2016–2020,
the National Development Plan and the National Human Rights Plan, all of which
contribute to the formulation of a policy framework for the prevention of contemporary
forms of slavery and for addressing poverty and economic exclusion, as well as the root
causes of extreme labour exploitation in the informal sector.

III. Addressing contemporary forms of slavery
14.
The Special Rapporteur noted a number of positive developments in the
Government’s response to contemporary forms of slavery during her visit to Paraguay.

A.

Legal, institutional and policy framework
15.
As noted above, the Special Rapporteur received a large amount of information
about the legal, institutional and policy framework in place to address contemporary forms
of slavery. In general, the provisions appeared to be robust and effective, and a positive
development in addressing contemporary forms of slavery; the mandate holder therefore
commends the Government of Paraguay on their development in spite of the significant
cross-cutting challenges and fiscal constraints that it faced. The Special Rapporteur
particularly noted the commitment of the Government, reflected in the work of the
Secretariat on Children and Adolescents, to building a comprehensive child protection
system, and was impressed by the knowledge and dedication of those officials working in
the sector whom she met.
16.
The Special Rapporteur also noted the engagement of the Government of Paraguay
with the United Nations and the efforts it has made to implement relevant recommendations
to strengthen its legal, institutional and policy framework. She commends the Government
for the development, in association with OHCHR Paraguay, of the Recommendations
Monitoring System (SIMORE), a comprehensive electronic system for monitoring countrylevel implementation of recommendations made by human rights mechanisms, relating also
to the Sustainable Development Goals. SIMORE also provides an interactive platform for
the involvement of civil society, and allows for the effective monitoring of the State’s
compliance with its international human rights commitments.

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17.
Although the State’s legal, policy and institutional framework is a solid foundation
for addressing contemporary forms of slavery, the Special Rapporteur received reports of
enforcement gaps that undermine the legal and policy framework, limit capacity and create
other constraints in certain government institutions.

B.

Changes in social attitudes
18.
Another positive development on which the Special Rapporteur received
information from a number of stakeholders was the perceived shift in social and cultural
attitudes reflecting a greater awareness of various forms of exploitation and the perception
of them as violations of human rights. Stakeholders informed the Special Rapporteur that
exploitative practices were once viewed as more socially acceptable are today more likely
to be denounced as contemporary forms of slavery.
19.
According to information received by the Special Rapporteur, attitudes towards the
exploitation of children have significantly changed. Practices such as criadazgo and forced
begging, are seen as less socially acceptable and even as a violation of the rights of
children. The Special Rapporteur was informed of people taking to the streets to protest
against the violence and abuse of children in situations of criadazgo, exemplifying this shift
in attitude. In this regard, the Special Rapporteur also notes the sensitization and awarenessraising campaigns organized by the Government, such as the “No al criadazgo” campaign
organized by the Secretariat on Children and Adolescents, and the awareness-raising
activities conducted by civil society organizations working on related human rights issues.
20.
Such changes in social attitudes play an important role in the elimination of
contemporary forms of slavery. When exploitation is no longer considered socially
acceptable, it deters potential perpetrators of contemporary forms of slavery, and
individuals are more likely to report violations, thus contributing to their detection and to
the rescue of victims.

C.

Compliance with labour standards
21.
A number of stakeholders with whom the Special Rapporteur met in both the capital
and the Chaco stated that, in recent years, improvements had been witnessed in the degree
of compliance with labour standards, as had a decrease in the prevalence of exploitation.
According to indigenous stakeholders in the Chaco, international attention to labour
practices in cooperatives and ranches had improved compliance with national law. The
business stakeholders that the Special Rapporteur met with in the region appeared to have a
clear understanding of relevant national and international labour standards, describing in
detail the improvements seen in compliance in recent years, and expressing their
commitment to uphold such standards.
22.
Various stakeholders mentioned that they had witnessed reductions in the number of
children subjected to criadazgo and other worst forms of child labour, mainly as a result of
increasing public awareness. Data on the exact number, however, are still lacking, and
those that are available indicate that a large number of children are still involved in child
labour and in hazardous work. According to a national survey on child and adolescent
activities conducted in 2011,2 27.2 per cent of the population aged between 5 and 17 years
were engaged in child labour (consisting in work performed by children below the
minimum age for admission to employment, which is 14, and hazardous adolescent work).
The survey also found that, of the more than 436,000 children between 5 and 17 years of
age forced to perform some type of labour, 95.4 per cent were engaged in work that had

2

6

See Magnitud y características del trabajo infantil y adolescente en el Paraguay: Encuesta Nacional de
Actividades de Niños, Niñas y Adolescentes, EANA 2011, ILO, 2013 (available at
www.dequeni.org.py/es/userfiles/files/paraguay-informe-actividades.pdf).

 A/HRC/39/52/Add.1

negative consequences for those engaged in it, while 22 per cent performed one of the
worst forms of child labour (including child slavery). 3
23.
A survey of activities conducted by children and adolescents living in rural areas,
found that, of 810,352 children and adolescents between the age of 5 and 17 years living in
rural areas, 50.2 per cent of them (406,358) were involved in work related to agriculture
and cattle-raising, while more than 75 per cent were engaged in one or more of the worst
forms of child labour.4
24.
The Special Rapporteur also received information about programmes implemented
in the cotton sector to reduce child labour, the new National Strategy for the Prevention and
Elimination of Child Labour and the Protection of Working Adolescents, and the
coordination of National Commission for the Elimination of Child Labour (CONAETI) on
this issue.

D.

Sustainable Development Goals
25.
As described by the Special Rapporteur in her latest report to the General Assembly
(A/72/139), the inclusion of a target on contemporary forms of slavery in the 2030 Agenda
for Sustainable Development, and of measures to address the root causes and consequences
of exploitation of this type, is a historic opportunity to galvanize efforts to eliminate all
forms of contemporary slavery. The Special Rapporteur therefore regards the information
that she received from stakeholders during her visit about measures taken by the
Government of Paraguay, in partnership with the United Nations country team, to
implement the Sustainable Development Goals as a positive development. The measures
included the establishment of a national commission on implementation, led by the
Ministry of Foreign Affairs, and efforts to raise the awareness of local governments about
the Sustainable Development Goals in order to advance the national strategy.
26.
The Special Rapporteur encourages the Government of Paraguay, the United
Nations country team and the international community to ensure that achievement of target
8.7, on taking immediate and effective measures to eradicate forced labour, ending modern
slavery and human trafficking and securing the prohibition and elimination of the worst
forms of child labour, including recruitment and use of child soldiers, and by 2025 end
child labour in all its forms, is integrated into these efforts as a core part of the 2030
Agenda. She also encourages them to ensure that adequate technical and financial resources
are dedicated to the effective implementation of all of the Sustainable Development Goals.

IV. Issues of concern
27.
As mentioned above, the Special Rapporteur is persuaded that the Government of
Paraguay is taking a number of positive steps to implement its obligations under relevant
international legal standards relating to contemporary forms of slavery, its causes and
consequences, and that it has made progress in reducing extreme forms of labour
exploitation that constitute slavery.
28.
The Special Rapporteur nonetheless received information about a number of issues
of concern. Stakeholders reported the continued existence of multiple forms of exploitation,
including those that constitute contemporary forms of slavery, such as forced labour and
domestic servitude. Many stakeholders expressed their concern at trends and issues that
determine the overall vulnerability of individuals to slavery, and referred to reports of
protection gaps for particular groups, such as indigenous peoples and children from poor,
rural areas, and to ongoing social exclusion.

3
4

Ibid., pp. 45–48.
Trabajo infantil y adolescente en el sector rural agrícola, pecuario, forestal y de pesca o piscicultura
en Paraguay – Encuesta de Actividades de Niños, Niñas y Adolescentes: EANA Rural 2015, ILO,
Dirección General de Estadística, Encuestas y Censos del Paraguay (DGEEC), Geneva, 2016, p. xviii.

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A.

Cross-cutting weaknesses in government responses
29.
As mentioned above, the legal, institutional and policy framework in Paraguay is
broadly robust and represents a positive development in the fight against extreme
exploitation. During her visit, however, the Special Rapporteur also received information
from a range of stakeholders about issues concerning the full and effective implementation
of legal and policy standards and cross-cutting weaknesses in government responses. Many
informed her that government programmes and services (including, for example, the labour
inspectorate, social support programmes targeting vulnerable families and initiatives to
address the worst forms of child labour) do not have universal geographical coverage in
Paraguay. According to the information received, the programmes and services often do not
reach poor, rural and socially excluded groups, including indigenous communities in the
Chaco. While noting the challenges that the Government faces, given the concentration of
the population around the Asunción area and low population density in other regions, the
Special Rapporteur urges it to take further steps to ensure the full geographical coverage of
all programmes and services for vulnerable and marginalized groups.
30.
The Special Rapporteur also expresses her concern at reports received of insufficient
funding for institutions to perform key functions, which affects efforts to end forced labour,
the worst forms of child labour, criadazgo and other contemporary forms of slavery. The
Special Rapporteur was informed by representatives of civil society bodies that, while the
macroeconomic policy of attracting foreign investment to promoting agribusiness (such as
soya production and cattle farming) and establishing maquiladoras (manufacturing plants
that import and assemble duty-free components for export) bolsters the economy, poverty
and inequality continue. The fiscal benefits received by private businesses 5 are not passed
on in the form of job creation or social development for poorer communities. The policy
aimed at transforming the country into a low-tax haven, with low minimum wages and
labour market and administrative flexibility creates a situation whereby forced labour, child
labour and hazardous child labour thrive, as many families send their children to work in
order to survive. The policy also facilitates labour exploitation and obscures the State’s lack
of investment in public policies. The agro-export economic model, the Special Rapporteur
was informed, has also led to widespread displacement: people have been expelled from the
Chaco, and campesinos (rural workers) forced into urban areas, where they live in informal
settlements along the river. Social investment has dropped while structural problems
perpetuate discrimination and the marginalization of vulnerable and indigenous peoples,
compounding their vulnerability and leading to their entrapment in contemporary forms of
slavery.
31.
Another cross-cutting issue of concern is the perceived lack of a full understanding
of contemporary forms of slavery in Paraguay. The Special Rapporteur did not receive the
impression that the real prevalence of contemporary forms of slavery and the impact on
victims were fully understood by the Government of Paraguay. She believes that its efforts
to tackle such exploitation could benefit from an analysis of prevalence trends, including of
the sectors in which contemporary forms of slavery are most common, which groups are
most affected and what risk factors make individuals vulnerable to such exploitation. The
Special Rapporteur at times had the impression that some stakeholders had little awareness
of what actually constitutes a contemporary form of slavery. Overall efforts to combat
contemporary forms of slavery could therefore benefit from sensitization and awarenessraising activities with regard to the obligations of the conventions on slavery (see para. 7
above) and other relevant international legal standards.

B.

Decent work deficits
32.
According to ILO, decent work is characterized by opportunities for work that are
productive and provide a fair income, security in the workplace and social protection for
families, better prospects for personal development and social integration, freedom for

5

8

Thanks to article 29 of law no. 1065/97, maquiladoras are subject to a tax rate of only 1 per cent.

 A/HRC/39/52/Add.1

people to express their concerns, organize and participate in the decisions that affect their
lives, and equality of opportunity and treatment for all women and men. 6 The Special
Rapporteur has consistently affirmed throughout her mandate that decent work is a
powerful protection against contemporary forms of slavery, can alleviate poverty and
provide security for people, allowing them to meet basic and other needs. Decent work also
creates conditions under which workers can unionize and protect themselves and others
against contemporary forms of slavery and other human and labour rights abuses. Global
trends have shown significant and sustained deficits in decent work, resulting in both higher
unemployment and extremely high levels of precarious work. In line with such global
trends, many stakeholders reported to the Special Rapporteur during her visit that there are
significant decent work deficits in Paraguay, which she believes are increasing the
vulnerability of individuals to contemporary forms of slavery.
33.
A major factor behind decent work deficits in Paraguay is the extent of the informal
economy, which, according to official data, employed 65.4 per cent of workers. In rural
areas, the proportion of workers employed in the informal economy reached 78 per cent
(against 61.7 per cent in urban areas).7 Workers in the informal economy — who are more
likely to be women — are often subject to a high degree of precariousness, have no access
to social or workplace protection (a fundamental feature of decent work) and work in
sectors not fully covered by labour laws, making them highly vulnerable to exploitation,
including contemporary forms of slavery. Official data have shown that, in 2016, 68.1 per
cent of women in Paraguay worked in the informal economy, as against 63.3 per cent of
men.8 The Special Rapporteur takes note of reports of progress in the formalization of the
Paraguayan economy, and encourages the Government in its efforts, which will create more
decent work opportunities.
34.
According to ILO, decent work is also characterized by a fair income. During her
visit, the Special Rapporteur received information about the low minimum wage in
Paraguay, which she believes contributes to the lack of decent work. Paraguayan law sets
the minimum wage at around $400 a month, which many stakeholders reported was not
sufficient to meet the basic needs of workers and their family members. They also informed
the Special Rapporteur that the low minimum wage was part of an overall economic
development regime implemented by the Government, which prioritizes competitiveness
for foreign direct investment within a competitive regional market. While the Special
Rapporteur recognizes the challenges that the Government faces in creating conditions for
growth and development, and the important role that such conditions can play in creating
employment opportunities, creating conditions for growth through external investment
cannot come at the expense of the human and labour rights of citizens. She cautions the
Government against structuring the national economy in a way that will attract foreign
investment but entrench vulnerability to exploitation, including contemporary forms of
slavery; she therefore urges it to consider fully how the creation of decent work
opportunities can be integrated into economic development, including by assessing the
feasibility of increasing the minimum wage.
35.
According to reports received by the Special Rapporteur, the lack of universal
compliance with minimum wage laws and other labour market protections in Paraguayan
law also contributes to a lack of decent work. The Special Rapporteur was informed that
domestic workers, mainly women and girls, were paid a combination of in-kind services
and cash, and that they therefore did not actually receive the minimum wage. She also
received reports about a lack of compliance by some employers with minimum wage
provisions in relevant laws, and the lack of capacity in the labour inspectorate (only 25
labour inspectors for the whole country) to monitor and enforce relevant provisions of the
labour code (according to the information received, the labour inspectorate is small and its
6
7

8

ILO, “Decent work” (see www.ilo.org/global/topics/decent-work/lang--en/index.htm).
Ministerio de Trabajo, Empleo y Seguridad Social, “Ocupación, Desempleo, Subocupación y
Ocupación Informal: Encuesta Permanente de Hogares”, Nuevas Series, 2002–2016. August 2017, p.
10 (see http://sinafocal.gov.py/application/files/8615/0288/3984/
Ocupacion_Desempleo_Subocupacion_y_Ocupacion_Informal._2002-2016._Final.pdf).
Ibid.

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capacity is centralized in Asunción). Such a situation could create a culture of impunity in
certain regions and sectors, leaving workers highly vulnerable to exploitation, including
contemporary forms of slavery. The Special Rapporteur did in fact receive information
from stakeholders according to which the Government of Paraguay had taken steps, in
partnership with ILO, to increase the capacity of the labour inspectorate. She commends
such initiatives and urges it to take further steps to build on and expand these efforts.

C.

Criadazgo
36.
As part of the fulfilment of her mandate, the Special Rapporteur consistently pays
attention to the vulnerability of children to contemporary forms of slavery and its impact on
them. During her visit, the mandate holder received multiple reports of the phenomenon of
criadazgo (see para. 10 above). Despite its inclusion in the worst forms of child labour
listed in Decree No. 4951, alongside child domestic work, criadazgo is not defined in
Paraguayan law nor is it criminalized under the national regulatory framework.
37.
Reports received by the Special Rapporteur suggest that the practice has different
forms in Paraguay, and that the understanding of what the phenomenon constitutes also
varies from one stakeholder to another. Broadly speaking, criadazgo refers to the practice
whereby a child (usually a girl) from a poor rural household is sent to live with another
family in an urban area, ostensibly to secure access to food and education. Once in the new
household, the child undertakes domestic work for the receiving families, which is
normally not remunerated. According to information received by the Special Rapporteur,
there were 46,933 cases of criadazgo in Paraguay, which accounts for approximately 2.5
per cent of the total number of children under 18 years of age in the country. Although
there has reportedly been a significant reduction in the number of the children engaged in
criadazgo, which is considered under ILO Convention No. 182 to be one of the worst forms
of child labour, the number of children living away from their parents and engaged in a
form of domestic labour is still too high.
38.
Some reports received by the Special Rapporteur during her visit suggested that
criadazgo was not inherently an exploitative practice, and that it could even improve the
situation of children from very poor households. The Special Rapporteur believes, however,
that such a view reflects the former acceptability of the practice, aggravated by the lack of
clarity and conceptual understanding of it. In many cases, criadazgo constitutes a
contemporary form of slavery. According to information received, children often become
particularly vulnerable to violence and abuse. A study conducted in 2013 by the
International Organization for Migration found a close correlation between sexual violence
and criadazgo; indeed, some 90 per cent of all victims of sexual violence had been in a
situation of criadazgo.9 While in Paraguay, the Special Rapporteur was shocked to learn of
cases of extreme physical abuse of children by the families for which they were working,
including both murder and sexual violence. She was informed about an extreme case of
abuse of a child in a situation of criadazgo, abuse that included sexual violence and burning
after being forced to drink bleach. The child was subsequently hospitalized, while her case
was taken to the Inter-American Commission for Human Rights, leading to the issuance of
precautionary measures to Paraguay (resolution 7/17, PM 68/17 — The Adolescent
Panambi). Even in cases where the children are not subject to such horrific violence,
criadazgo does nonetheless make them vulnerable to exploitation, beside the fact that their
separation from their families and engagement in domestic work can hardly, if at all, be
considered in their best interests. Since the practice seems to be linked to family poverty
and was initially a means of ensuring access to education for rural children, these issues
should be addressed by the Government.
39.
A significant legal protection gap seems to exist in the case of criadazgo, mainly
because it is not defined in law with related penal and civil penalties despite
9

10

International Organization for Migration, La Trata de Personas en el Paraguay: Diagnóstico
exploratorio sobre el tráfico y/o trata de personas con fines de explotación sexual, Buenos Aires,
2005, p. 77.

 A/HRC/39/52/Add.1

recommendations made by the Committee on the Rights of the Child thereon in 2010 (see
CRC/C/PRY/CO/3). Criadazgo and domestic work are indeed included in the hazardous
work for children listed in Decree No. 4951; and according to a law on domestic work
adopted in 2015, domestic work is prohibited for children under 18 years (the Special
Rapporteur received reports suggesting that this prohibition is not universally enforced),
while child labour is prohibited by the Code on Children and Adolescents. Such measures
do not, however, fully address the specificities of criadazgo as a non-remunerated form of
labour, something that is seen in certain communities as a practice that benefits the child
and the child’s family.
40.
The Special Rapporteur was informed of cases of criadazgo that were prosecuted as
a form of internal trafficking. While this is a positive development, the Special Rapporteur
is concerned that the protection provided by the anti-trafficking law applied in those cases
would not extend to other cases whereby the child was not moved. She reminds the
Government of Paraguay of its obligation under the conventions on slavery (see para. 7
above) to criminalize all forms of slavery and slavery-like practices as standalone offences,
separate from the phenomenon of trafficking. While recognizing the strong links between
contemporary forms of slavery and trafficking in persons, the Special Rapporteur believes
that ensuring that obligations under the said conventions are fully implemented, alongside
those outlined in the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, will help to prevent protection gaps and to ensure a
comprehensive approach to all types and forms of exploitation.
41.
The Special Rapporteur was also informed about attempts to define and criminalize
criadazgo that are currently before the legislature, a development for which she commends
the Government. She urges the Government to accelerate efforts to pass such legislative
provisions, given that such a law would aid detection and prosecution of criadazgo and help
to challenge cultural attitudes that lead to the exploitation of children. In its efforts, the
Government should also focus on the punishment of those who seek to profit from the
difficult situations that vulnerable families face, and consider carefully the deeply
challenging socioeconomic situation of parents who facilitate the exploitation of their
children. The Special Rapporteur believes that subjecting parents to criminal penalties
would in many cases not be in the best interests of the child.
42.
Besides closing the legal protection gap, the Government should address the social
and economic root causes of criadazgo. Extreme poverty and a lack of economic
alternatives for parents reportedly often influence their decision to allow their children to
face potential exploitation. The Government should take steps to further social development
assistance, such as by expanding the resources and coverage of the Abrazo and Tekoporã
programmes, to protect vulnerable families. Government efforts to address decent work
deficits should also include measures that target poor rural areas where families with
children at risk of criadazgo reside. This would also require providing for access to
schooling in areas in the Chaco.
43.
During her visit, the Special Rapporteur received reports according to which some
people continued to believe that criadazgo was a socially and culturally acceptable
phenomenon that improved the life chances of children. At the same time, however, there is
increasing awareness of the vulnerability to exploitation and slavery that it leads to, and its
links to human trafficking. The Special Rapporteur therefore recommends that the
Government continue and expand awareness-raising and sensitization campaigns in order to
change harmful social and cultural attitudes that contribute to the continuation of criadazgo,
and raise awareness of children’s fundamental rights as laid out in the Convention on the
Rights of the Child.

D.

Other contemporary forms of slavery and slavery-like practices
affecting children, including the worst forms of child labour
44.
Criadazgo is not the only form of contemporary slavery involving children about
which the Special Rapporteur received reports during her mission. Children are apparently

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also vulnerable to other situations of slavery and slavery-like practices, including the worst
forms of child labour. According to the reports, some children are forced to beg in the
streets — which the Special Rapporteur herself witnessed — to earn money for their
families. ILO defines forced begging as one of the worst forms of child labour, and is, in
the view of the Special Rapporteur, a slavery-like practice. Above and beyond the
exploitation that these children face, forced begging can lead to many violations of their
rights. The time spent on the streets effectively deprives children of their basic right to
education, and can expose them to the risk of violence, abuse and other forms of
exploitation, including sexual exploitation. Stakeholders reported that, unlike in the past,
when children were forced to beg by criminal syndicates, a phenomenon countered in
recent years by successful government initiatives, today it is the family members of
children who tend to force them to beg. While welcoming this change, the Special
Rapporteur remains concerned about the situation of children exposed to exploitation as a
result of the poverty of their families, and at reports that funding for preventative
programmes might be cut by the Government. She therefore encourages the Government to
address the root causes of begging and to sensitize families and the general public about the
rights of children to be free from such forms of exploitation. She recognizes the role that
social assistance programmes and the helpline for reporting child exploitation and abuse
play, and encourages the Government to expand funding and coverage of such
programmes.
45.
The Special Rapporteur is also concerned at reports that children are subjected to
child labour, including the worst forms of child labour, in a number of sectors in Paraguay
despite the prohibition on child labour in national law and the fact that the State is a party to
core ILO conventions on child labour. Official data showed that 37 per cent of the
population is under 18,10 and that 22 per cent of them work; 95 per cent of those who work
are engaged in the worst forms of child labour. 11 These figures include the more than
46,900 children engaged in domestic servitude. Other sectors using child labour are
agriculture (such as in sugar cane harvesting and cotton production) and cattle-raising (see
para. 23 above).
46.
The Special Rapporteur was informed during her discussions with government
representatives and business associations of the many commendable initiatives taken to
combat child labour in Paraguay, such as the inspection and auditing of sectors that
traditionally relied on child labour, cooperation with other States in the region (such as El
Salvador), the adoption of best practices for eliminating child labour, and corporate social
responsibility initiatives to promote awareness of children’s rights. The Special Rapporteur
remains, however, concerned about the possibility of less conspicuous cases of child labour
persisting in certain sectors and areas, and also at reports that, while direct employment of
children has been reduced, some still accompany their parents to work owing to a lack of
access to education or childcare.
47.
The Special Rapporteur reminds the Government of Paraguay and other
stakeholders, including private sector actors, of their obligations under international
standards and the Sustainable Development Goals to take every measure necessary to
eliminate all forms of child labour, and urges them to provide assistance in addressing its
root causes, including poverty, lack of access to decent work, and inequality. The mandate
holder noted the efforts made by the Government to more fully define and criminalize child
labour in draft legislation, which should be adopted. Laws of this type would play an
effective role in facilitating the detection and prosecution of contemporary forms of slavery
involving children and in raising awareness among key stakeholders of their obligations
under the conventions on slavery, ILO conventions and international human rights
standards with regard to the rights of children at risk of exploitation.

10

11

12

La Infancia Cuenta: Paraguay 2015, Sistema de indicadores en niñez y adolescencia, Coordinadora
por los Derechos de la Infancia y la Adolescencia (CDIA), 2015, p. 50.
See Magnitud y características del trabajo infantil y adolescente en el Paraguay (footnote 2), pp. 45–
48.

 A/HRC/39/52/Add.1

E.

Forced and bonded labour
48.
During her visit, the Special Rapporteur received reports of many cases of forced
and bonded labour in the Chaco, including during her visit to the region. Chaco, a vast,
geographically isolated area, covers 60 per cent of all Paraguayan territory. According to
the information received, only 3.3 per cent of the population live in the region, as many
families were historically displaced as a result of loss of land, or chose to migrate to urban
areas to seek greater economic opportunity. The displacement was also caused by the loss
of employment and land as a result of large-scale privatization of land, much of which is
used for commercial cattle farming. A mainly rural area, Chaco is the home of a number of
different indigenous groups.12
49.
The Special Rapporteur received multiple reports according to which indigenous
peoples were vulnerable to exploitation, including practices that she would consider to be
forced and bonded labour. The Ministry of Labour also informed the Special Rapporteur
that it had received complaints of forced labour from inside the Chaco region. Vulnerability
to such exploitation is reportedly rooted in the historical sale of indigenous land to large
landowners, agribusiness and forestry companies without the free, prior and informed
consent of indigenous peoples. While in some cases this reportedly caused displacement
towards urban centres, many indigenous peoples chose to remain in the Chaco and became
a source of labour for landowners, both local and foreign. The Special Rapporteur noted
with concern reports that the State was largely absent from the Chaco, and that the budget
of the National Institute for Indigenous Peoples is very limited. The result is that there is
little oversight over business operations, such as by the labour inspectorate, but also that
business owners often play a quasi-State role. When the Special Rapporteur visited the
Chaco, she noted that businesses often provided power and other infrastructural services.
While acknowledging the positive impact that such services can have on the lives of local
peoples, she remains concerned that it creates an imbalance in the relationship between
indigenous peoples, the State and business enterprises. Such an imbalance, combined with
other factors, such as a lack of awareness of indigenous rights, a lack of unionization within
the region, the inability to speak Spanish in some cases, the geographical isolation of many
labour sites and high levels of illiteracy, can lead to severe vulnerability to exploitation,
including forced and bonded labour.
50.
While visiting the Chaco, the Special Rapporteur did not have the impression that
such vulnerability was leading to many cases of forced and bonded labour in the majority of
employers. She received reports of cooperatives and ranches that generally complied with
national law, and of recent improvements in the degree of compliance in the region.
Experiences often of course differ between different individuals and communities. The
Special Rapporteur nonetheless remains concerned at cases of forced and bonded labour in
smaller employment sites and in more remote, less accessible ranches, and at labour
practices that she views as exploitative. According to information received by the Special
Rapporteur, workers in the Chaco reportedly worked long hours without breaks or
overtime, and received all or most of their wages in vouchers or credits that can only be
spent at shops owned by the employers. Given the geographical remoteness of many labour
sites and the fact that the credits can only be used in shops owned by their employers, the
shops effectively have a monopoly, and charge inflated rates for basic subsistence items.
Interlocutors pointed out how the cost of products from the Chaco, such as beef, can be less
expensive in Asunción because of the above-mentioned monopoly, and how in many cases
the vouchers were even insufficient to cover the basic needs of workers and their families,
in which some employers reportedly give credit, which leaves workers vulnerable to
situations akin to bonded labour.
51.
Despite the initiatives that different government entities have taken to tackle forced
labour, the State should do more to protect indigenous peoples living in the Chaco from
exploitation. Cases of forced and bonded labour must be identified and prosecuted, and
victims must be given access to justice, and the rehabilitation and reintegration necessary to

12

See Mike Kaye, Formas contemporáneas de esclavitud en Paraguay, Anti-Slavery International, 2006.

13

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them. Expanding the coverage of the labour inspectorate and ensuring that inspectors are
trained to address the specific situation of indigenous peoples in the Chaco would be an
important step.
52.
The Government of Paraguay should also examine more broadly the situation of
workers in the Chaco and the labour practices of employers. The Special Rapporteur is also
concerned at the broader pattern of corporate capture of parts of the Chaco, whereby large
companies have a monopoly over goods and services, play a key role in political and policy
processes and fill the gaps created by the absence of the State, leaving indigenous peoples
subject to the labour practices imposed, even when they are highly exploitative. Such
practices have deep historical roots in the subjugation of indigenous peoples’ rights to land,
and the principle of free, prior and informed consent. The Special Rapporteur is particularly
concerned at the practice of paying workers in credits, and at the conditions tying the use of
credits to shops owned by employers. She therefore urges the Government to review such
practices against national and international labour standards, and to ensure more oversight
and accountability of businesses in the region. The Special Rapporteur also reminds all
businesses operating in Paraguay, including in the Chaco, of their obligations under the
Guiding Principles on Business and Human Rights.
53.
With regard to forced labour, the Special Rapporteur was encouraged by reports that
the Government is considering ratification of the Protocol to the Forced Labour
Convention, 1930 (No. 29), and urges the Government to do so.

F.

Domestic servitude
54.
The Special Rapporteur is concerned about the situation of domestic workers, the
majority of whom are women, in Paraguay. Given that the use of domestic workers appears
to be common in the country, the shortcomings in the legal and institutional framework
could put workers at risk of domestic servitude. The Special Rapporteur indeed received
reports of cases of domestic workers in a situation of servitude, involving severe
restrictions on their freedom of movement, remuneration that is significantly below the
minimum wage, and cases of abuse and violence.
55.
With regard to the legal framework, article 10 of law No. 5.407 on domestic work
(see para. 10 above), according to reports received by the Special Rapporteur, sets the
minimum wage for domestic workers at no less than 60 per cent of the standard minimum
wage for non-domestic workers. Although the law is an improvement on previous legal
provisions (which set the minimum wage at 40 per cent of that earned by non-domestic
work) and includes provisions for facilitating access to social security, the payment of a
wage that is lower than the level deemed acceptable for the general category of workers
increases the vulnerability of domestic workers to contemporary forms of slavery.
56.
The Special Rapporteur is concerned that law No. 5.407 does not specify that the
wage of domestic workers must be paid in cash only, providing for payment to be made
with a combination of cash and in kind, such as food and accommodation (art. 12) (in
accordance with the provisions of article 231 of the Labour Code, which allows up to 30
per cent of wages to be paid in kind). In the view of the Special Rapporteur, the entire
amount of the minimum wage should be paid in cash. Payment in kind is not an appropriate
form of payment for any kind of work, given its potential negative impact on a worker’s
right to change employment. The Special Rapporteur therefore recommends that the
Government amend law No. 5.407 and the Labour Code to ensure that 100 per cent of the
minimum wage is paid to domestic workers in cash.
57.
The Special Rapporteur was also informed of weaknesses in the institutional
framework; the labour inspectorate indeed does not have the capacity or the resources to
effectively fulfil its mandate. While recognizing the challenges involved in the regulation of
private households, the Special Rapporteur encourages the Government to consider ways to
increase oversight and accountability of those employing domestic workers. She notes the
availability of a complaints system and commends the Government of Paraguay on it, but
also encourages it to take into consideration the feasibility of other regulatory options,
particularly in the light of the challenges that domestic workers may face when lodging a

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complaint, such as restrictions of their freedom of movement, fear of reprisal and/or a lack
of economic alternatives to their current situation, which may act as a deterrent.

G.

Challenges to access to justice
58.
Access to justice and remedy is a fundamental element of slavery eradication efforts
(see A/HRC/36/43). It not only supports law enforcement but also the rehabilitation and
reintegration of victims, and provides disincentives for the perpetration of related human
rights violations.
59.
During her visit to Paraguay, the Special Rapporteur received information about a
number of barriers to access to justice for victims of contemporary forms of slavery: the
absence of a clear legal definition of or criminal sanctions for a number of contemporary
forms of slavery; the limited geographical reach of law enforcement and judicial entities in
isolated and rural areas; the reluctance of some law enforcement agencies to investigate
crimes; fear of retaliation or job loss if abuses are reported; lack of awareness in victims of
their rights; and the often hidden nature of violations. She also received information about a
lack of rehabilitation and reintegration support for victims, including child victims.
Although exact figures were not available due to issues with the legal definition of practices
falling under the category of contemporary forms of slavery, the Special Rapporteur was
informed that the prosecution rate was very low.
60.
The Special Rapporteur encourages the Government of Paraguay to take concrete
steps to remove the above-mentioned obstacles to access to justice and to uphold fully its
obligations under international law.

V. Conclusions and recommendations
A.

Conclusions
61.
The Government of Paraguay is taking concrete steps to tackle contemporary
forms of slavery and seems to have the political will to end exploitation in the country.
The Special Rapporteur took note of a number of positive developments, including the
development of a comprehensive institutional and policy framework, changes in social
attitudes towards exploitation, including exploitation involving children, improved
compliance with labour standards, a drop in exploitation, particularly child labour,
and efforts to implement the Sustainable Development Goals, including target 8.7.
62.
The Special Rapporteur commends the Government for the progress made, but
remains concerned at gaps in protection, particularly with regard to groups in a
situation of vulnerability, such as indigenous peoples, children from poor or rural
households, and female domestic workers. She is also concerned that the prevailing
economic and development strategies of seeking foreign investment potentially at the
expense of labour market protections could create conditions that lead to a shortage of
decent work, inequality, and severe exploitation, including contemporary forms of
slavery.
63.
The Special Rapporteur strongly encourages the Government of Paraguay to
take steps to ensure that both the systemic factors that enable exploitation are
addressed and that protections against all forms of contemporary forms are extended
to all in Paraguay. She urges the Government to pay particular attention to the
vulnerability of children, women and minority groups, including indigenous peoples
living in the Chaco, and to close any protection gaps in relation to their human and
labour rights. The Special Rapporteur remains at the disposal of the Government to
provide any support in the full and effective implementation of her recommendations,
and encourages the international community to provide its support.

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B.
1.
(a)

Recommendations
Government of Paraguay
Legal and institutional framework
64.

The Special Rapporteur recommends that the Government of Paraguay:
(i)
Ratify the Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights;
(ii)

Ratify the Protocol to Forced Labour Convention, 1930 (No. 29);

(iii) Ratify the Supplementary Convention on the Abolition of Slavery, the
Slave Trade, and Institutions and Practices Similar to Slavery;
(iv) Ensure that all contemporary forms of slavery, including all types of
forced or bonded labour, are criminalized as standalone offences in national
law, in accordance with the State’s obligations under international law;
(v)
Conduct an analysis of the labour market to identify the prevalence of
forced labour and bonded labour, and of child labour and its worst forms in
order to ensure that current institutional provisions are suited to the needs of
victims and provide adequate protection to those vulnerable to contemporary
forms of slavery;
(vi) Strengthen the mandate and capacity of the national human rights
institution.
(b)

Cross-cutting issues
65.

The Special Rapporteur recommends that the Government of Paraguay:
(i)
Commission a survey into the prevalence of all contemporary forms of
slavery, including an analysis of the frequency of different types of exploitation,
the sectors in which slavery-like practices commonly develop, the groups most
affected and the risk factors that make individuals vulnerable;
(ii)
Ensure that the findings of the above-mentioned research and analysis
are disseminated to all stakeholders, including government officials,
communities and civil society stakeholders;
(iii) Develop sensitization and awareness-raising activities for government
officials, communities and civil society stakeholders about obligations under the
conventions on slavery and other relevant international legal standards.

(c)

Protecting children from contemporary forms of slavery, including criadazgo
66.

The Special Rapporteur recommends that the Government of Paraguay:
(i)
Accelerate efforts to ensure that criadazgo is fully defined within the
national legal framework, with penalties for its practice;
(ii)
Ensure that all efforts to criminalize criadazgo incorporate fully the
principle of the best interests of the child, and avoid any unnecessary
criminalization of parents; penalties established within such legal provisions
should focus on those who seek to profit from the poverty of vulnerable families
and children;
(iii) Besides closing the legal protection gap relating to criadazgo, invest
resources in understanding and addressing its socioeconomic root causes;
(iv) Conduct sensitization and awareness-raising activities in order to
continue progress in changing social and cultural attitudes that enable the
continuation of contemporary forms of slavery, including criadazgo, the worst
forms of child labour, forced begging, forced labour, bonded labour and
domestic servitude;

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(v)
Increase the resources available to and the reach of social development
programmes, such as Abrazo and Tekoporã, which target the root causes of
contemporary forms of slavery;
(vi) Ensure that helpline services for children and/or concerned individuals
are available in all geographical areas of Paraguay;
(vii) Implement social and human rights programmes providing care for and
support to child victims of contemporary forms of slavery, including children in
a situation of criadazgo;
(viii) Pay special attention to the coverage of programmes designed to prevent
and combat child labour, ensuring that initiatives that have been successful in
reducing child labour are fully extended to rural areas and the most vulnerable
families;
(ix) Ensure adequate resources for child protection services and the
implementation of child-friendly budgeting in all government entities;
(x)
Continue efforts made by the National Commission for the Elimination
of Child Labour (CONAETI) to protect children and young persons and to
reduce their vulnerability to contemporary forms of slavery, including children
working in a situation of criadazgo, forced begging, or other slavery and
slavery-like practices reported in different economic sectors, such as
agriculture;
(xi) Ensure that the Code on Children and Adolescents is effectively applied
to protect the best interests of children and adolescents, and to protect them in
particular from the risks of entrapment in contemporary forms of slavery, such
as criadazgo and forced begging.
(d)

Tackling decent work deficits
67.

The Special Rapporteur recommends that the Government of Paraguay:
(i)
Place full and productive employment and decent work at the centre of
all growth and development strategies;
(ii)
Give special consideration to identifying ways to make decent work
opportunities available to women and young people;
(iii) Consider ways to increase the minimum wage in Paraguay to ensure the
availability of more decent work opportunities;
(iv) Consider ways to formalize the economy further and thereby reduce the
vulnerability of individuals working in the informal sector.

(e)

Domestic servitude
68.

The Special Rapporteur recommends that the Government of Paraguay:
(i)
Ensure that domestic workers are paid 100 per cent of the standard
minimum wage, and that employers are prohibited from paying them in kind,
such as with accommodation or food;
(ii)
Consider ways to ensure oversight of employers using domestic workers
to ensure that relevant protections are consistently applied;
(iii) Take steps to ensure the identification and prosecution of all cases of
violence and abuse against domestic workers.

(f)

Forced and bonded labour in the Chaco
69.

The Special Rapporteur recommends that the Government of Paraguay:
(i)
Prohibit the payment of workers in kind or with vouchers, and ensure
that all workers are paid at least the standard minimum wage in cash;

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(ii)
Develop community-based programmes in the Chaco to sensitize
communities vulnerable to forced labour about their rights under Paraguayan
law;
(iii) Increase the capacity and geographical reach of the labour inspectorate,
including by ensuring oversight of domestic servitude and labour sites,
including all ranches, in the Chaco;
(iv) Examine the overall relationship between the State, indigenous peoples
and business enterprises in the Chaco, ensuring that the Government takes full
responsibility for the promotion and protection of indigenous peoples’ rights
and takes appropriate action against exploitation, monopolies and corporate
capture.
(g)

Access to justice
70.

The Special Rapporteur recommends that the Government of Paraguay:
(i)
Take steps to ensure that all contemporary forms of slavery are clearly
defined in national law and are liable to criminal sanctions that are effectively
enforced;
(ii)
Ensure that law enforcement officials are aware of their responsibility to
undertake outreach work targeting persons subjected to contemporary forms
of slavery, taking into consideration the fact that victims may be unable to seek
assistance, might not trust the authorities or may fear the consequences of
making a complaint;
(iii) Ensure that all authorities involved in the realization of the rights of
victims of contemporary forms of slavery, including border management
authorities, the police, public prosecutors, the labour inspectorate and the
judiciary, are adequately trained in the identification of victims;
(iv) Provide labour inspectors with a mandate and the tools necessary to
them to identify victims of contemporary forms of slavery proactively, and to
facilitate their rescue and access to justice, including in the Chaco;
(v)
Train police, prosecutors and judicial authorities in the handling of
victims of contemporary forms of slavery, in particular on how to create a safe,
supportive and child- and gender-sensitive environment for victims to ensure
that they have access to justice;
(vi) Organize training and sensitization activities with at-risk communities,
groups and individuals in order to ensure that they are aware of their human
and labour rights and of channels that can be used to report abuse, violence
and exploitation;
(vii) Ensure adequate services to ensure the rehabilitation and reintegration
of victims of contemporary forms of slavery, including child victims, following
their release from situations of extreme exploitation.

2.

Other stakeholders
71.
The United Nations country team should ensure that implementation of target
8.7 of the Sustainable Development Goals, on taking immediate and effective
measures to eradicate forced labour, ending modern slavery and human trafficking
and securing the prohibition and elimination of the worst forms of child labour,
including recruitment and use of child soldiers, and by 2025 ending child labour in all
its forms, is integrated into efforts to implement the Goals as a core part of the 2030
Agenda for Sustainable Development.
72.
Private sector actors should ensure compliance with human rights in all
business activities, in accordance with the Guiding Principles on Business and Human
Rights.

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73.
Private sector actors should respect rights at work, including by collaborating
with ILO decent work creation projects and by supporting opportunities for
increasing the formalization of work.
74.
The international community should continue and expand the technical and
financial resources provided to the Government of Paraguay in order to support its
efforts to strengthen the State’s response to exploitation, lack of decent work,
inequality and social exclusion.
75.
Non-governmental organizations and other civil society actors should continue
and expand upon programmes that tackle contemporary forms of slavery, its causes
and consequences.

19