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Paraguay - Second and third periodic reports to be submitted by States parties under articles 16 and 17 of the Covenant [2007] UNCESCRSPR 1; E/C.12/PRY/3 (26 February 2007)

UNITED NATIONS		E
	Economic and Social Council	Distr. GENERAL E/C.12/PRY/3 26th February 2007 ENGLISH Original: SPANISH

Substantive session of 2007

IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Second and third periodic reports to be submitted by States parties under

articles 16 and 17 of the Covenant

PARAGUAY* ** ***

[Períod 1994-2006]

^* The initial report submitted by the Government of the Paraguay (E/1990/5/Add.23) concerning the rights covered by articles 1 to 15 of the Covenant was considered by the Committee on Economic, Social and Cultural Rights at its 14^th session in 1996 (see documents E/C.12/1996/SR.1, 2 and 4).

^** The information submitted by Paraguay in accordance with the guidelines concerning the initial part of reports of States parties is contained in the core document (HRI/CORE/1/Add.24).

^*** In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services

GE.07-40676 (EXT)

CONTENTS

Paragraphs Page

I. TERRITORY AND POPULATION 1 - 50 4

A. General characteristics of the country 1 - 3 4

B. Ethnic characteristics 4 4

C. Ethnic characteristics of the indigenous population 5 - 8 5

D. Demographic characteristics of the country and its population 9 - 34 6

E. Socio-economic indicators 35 - 42 15

F. Cultural indicators 43 - 50 21

II. SYNOPSIS OF THE POLITICAL AND SOCIAL

SITUATION IN PARAGUAY (1994-2006) 51 - 104 24

A. Evolution of the political situation 51 - 62 24

B. Governance and institutional weaknesses 63 - 66 26

C. Economic performance 67 - 85 27

D. Paraguay’s development challenges 86 - 97 29

E. Government development strategy 98 - 104 32

III. REPORT OF THE OFFICE OF THE OMBUDSMAN 105 - 115 34

IV. NORMATIVE FRAMEWORK FOR THE PROTECTION

OF HUMAN RIGHTS 116 37

V. SECOND PART: REPLY TO THE LIST OF ISSUES

ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS 117 - 632 37

Article 1 117 - 128 37

Article 2 129 - 134 40

Article 3 135 - 160 41

Articles 4 to 6 161 - 194 47

Article 7 195 - 241 55

Article 8 242 - 247 76

Article 9 248 - 279 81

Artículo 10 280 - 373 91

Article 11 374 - 448 113

Article 12 449 - 546 143

Paragraphs Page

Article 13 547 - 604 170

Article 14 605 - 607 185

Article 15 608 - 632 185

ANNEXES

I. Statistical data on illiteracy

II. Normative framework for the protection of human rights

III. Land acquired by the Paraguayan Institute for Indigenous Peoples (INDI) for the settlement of indigenous communities

IV. Activities carried out by the Paraguayan contingent in United Nations missions

V. Synopsis of the National Plan of Action for Children and Adolescents

VI. Annual reports of the Environment Secretariat (2001-2005)

VII. Report on the activities of CONACYT in 2005

VIII. Role of international cooperation in the implementation of ESCRs

I. TERRITORY AND POPULATION

A. General characteristics

1. With an estimated population of 5, 701, 675 million in 2005, Paraguay continues to be a country with low population density and sporadically inhabited. Its average population density is 12.7 inhabitants per km². At the same time, it can be appreciated that the socio-demographic indicators have stabilized. The pace of population growth slowed from 3.2 per cent (1982-1992) to 2.2 per cent in the decade 1992-2002. Likewise, population density has also remained relatively low at the national level (12.7 inhab/km², standing at 31.5 inhab/km² in the eastern region, where 97.3 per cent of the population is concentrated, and 0.5 per inhab/km² in the western region or the Chaco, which represents 60 per cent of the national territory. Its principal economic activity continues to be extensive livestock farming, although mixed livestock and crop farms have developed in the Mennonite colonies in the central part of the region. The eastern region, comprising 39 per cent of the national territory, has an undulating topography, and most of the country’s economic activities are located there, the most important being livestock farming, forestry and large commercial centres.

Paraguay: Population and population density by region (eastern – western). Years 1992 and 2002

Source: DGEEC. National Population and Housing Censuses. Years 1992 and 2002.

2. Paraguay is a full member of the Common Market of the South (MERCOSUR). In this way Paraguay encourages and is involved in a broad process of consolidation of regional integration manifest on various fronts: economic, social and cultural, as well as political and commercial. Agribusiness in Paraguay constitutes an important sector of the economy (especially in soya cultivation), as well as exports from the binational Itaipú and Yacyretá hydroelectric plants.

3. The MERCOSUR Specialized Meeting of Women (REM) was created under the aegis of MERCOSUR and is a body in which Paraguay has actively participated since its inauguration in 1998. That forum prepares joint proposals to be submitted to the Common Market Group.

B. Ethnic characteristics

4. The population of Paraguay is marked by its important multi-ethnic component resulting from the blend of races and cultures living and interacting with one another. Demographic indicators also show an active population dynamic, influenced by internal migration, emigration of nationals abroad and the appreciable inflow of foreign immigrants, mostly from neighbouring countries.

C. Ethnic characteristics of the indigenous population

5. According to the results of the Second Indigenous National Census 2002, the registered indigenous population is 87,099, representing 1.7 per cent of the country’s total population. The data that emerged from the 2002 indigenous census suggests that in the past 21 years the growth of the indigenous population has been larger (3.9 per cent) than that of the national population, which grew at an accumulative annual rate of 2.7 per cent (1982-2002). At the same time, just over one half of the total indigenous population lives in the eastern region (44,135), and the remainder (42,964) in the western region. This new information on spatial distribution by region is perhaps one of the significant discoveries of the last census. The western region was historically home to most of the indigenous population, as shown by the previous census data (67.2 per cent in 1981 and 55.8 per cent in 1992). In 2002 the indigenous population of the Chaco region stood at 49.3 per cent. However, this apparent increase must be viewed in the light of better coverage of the indigenous communities of the eastern region in the 2002 census, with the following current advantages: improved access; establishment of a communication strategy involving different indigenous languages, and the indigenous peoples’ effective participation in the organization of the census, among other things.

6. For census purposes, the indigenous population was divided into 20 ethnic groups, of which the following are the largest: the Avá Guaraní, Pai Tavyterá, Mbyá, Nivaclé, northern Enlhet, southern Enlhet and southern Enxet. The Guaná, Manjui and Tomáraho ethnic groups are smaller. The indigenous peoples of Paraguay are settled predominantly in rural areas (91.5 per cent). It should be pointed out, however, that there is a significant presence of five ethnic groups in urban areas: Maká (77.4 per cent), Maskoy (32.7 per cent), western Guaraní (29.4 per cent), Nivaclé (25.2 per cent) and northern Enlhet (24.4 per cent). This distribution suggests movement towards urban centres, which, should the trend continue, would probably intensify in the next few years.

7. Regarding education indicators, the average number of years of study of the national population is 10 or more. However, there is a pronounced contrast between the national population as a whole (7 years) and the indigenous population (2.2 years). The urban indigenous population is slightly over this average compared with their peers living in rural areas (3.2 years as opposed to 2.1 years). The western Guaraní post a higher average, while the Manjui post the lowest (5 years and 0.7 years respectively). Another indicator that patently reflects the situation of disadvantage experienced by the indigenous population in the area of formal education is the illiteracy rate. The national rate for the population aged 15 and over is 7.1 per cent, and 51 per cent among the indigenous population. Also, there is a lower incidence of illiteracy among the urban indigenous population, as compared to their rural counterparts (29.2 per cent and 53.3 per cent respectively). The highest level of illiteracy is to be found among the Paí Tavyterá (82 per cent), while the western Guaraní are in a more favourable situation (12.2 per cent).

8. With regard to the indigenous population’s housing situation, 5,802 of all private indigenous dwellings are houses, 10,439 huts, 678 makeshift dwellings, 368 sheds and 25 declared as “Other”. The majority type of housing (huts) is apparently linked to the concentration of most of the indigenous population in rural areas and especially to the lack of basic services, such as electricity and drinking water, from which indigenous peoples suffer. Only 2.5 per cent of the indigenous population has access to drinking water, while 9.7 per cent possesses electric light.^[1]

D. Demographic characteristics of the country and its population

1. Life expectancy at birth

9. The trend towards higher life expectancy in Paraguay is becoming entrenched owing, inter alia, to the drop in the infant mortality rate and the higher level of public information on care, prevention and treatment of diseases. At the same time, this strengthening is also due to the consolidation of the health system made up of institutions of the public, private and non-profit sectors operating in various areas of health care and with branches throughout the country.

10. Life expectancy (both sexes)stands at 70.8 years. Life expectancy at birth continues to rise in all projection periods, increasing from 62.6 years in the five-year period 1990-1995 to 78.44 for 2045-2050. This increase is mainly due to the drop in child and infant mortality, especially during the first year of life. For the period 2000-2005 life expectancy is 70.8 years for both sexes taken together, i.e. 68.6 for men and 73.1 for women.^[2]

Country total: Infant mortality rate (IMR) and life expectancy at birth by five-year period.

Years: 1995-2005

Source: STP/DGEEC. National Population Projection by sex and age, 1950-2050. Directorate-General for Statistics, Surveys and Censuses, 2003

11. In the past five years, life expectancy at birth has increased by one year for the country’s population as a whole. The increase was 0.5 years for men and over one year for women.

12. As shown, the increase in life expectancy at birth is fairly similar for men and women. However, women are in a slightly more favourable position.

2. Infant mortality

13. In Paraguay it is estimated that on average some 38 children for every 1,000 live births die every year, which means that 38 children die before their first birthday (although under-registration runs at 50 per cent).

14. Between 1994 and the present the infant mortality rate has tended to fall, albeit slightly, but regional and socio-economic differences - as well as differences deriving from degrees of urbanization – still persist in infant mortality levels. The rate among the indigenous, rural and poor populations could presumably higher levels. The infant mortality rate is higher among the groups with the highest illiteracy rates than among groups with six years of schooling. Infant mortality is most rife among children from poor families.

Infant mortality recorded and estimated according to age. Paraguay, 1992-2003

Source: Mortality Indicators. Department of Biostatistics, MSPyBS

15. At the same time, the under-registration of births (59.45) would make it impossible to determine with greater accuracy whether the risk of death from transmissible diseases had decreased among children under one year of age.^[3]

16. However, the infant mortality rate between 1997 (19.6) and 2003 (19.2) remained virtually stable. Regarding neonatal mortality, between 1995 (11.18) and 2003 (11.7) neonatal mortality underwent a slight reduction, although the trend has not decreased in the past ten years. In 2003, among children under one year old (1,632)^[4] who died, 1,007 lived for fewer than 28 days (neonatal mortality), which means that 60 per cent of infant deaths occur before the first month of life and are closely linked to pregnancy, delivery and puerperal infections and related care. If premature births are included, the proportion is as high as 69.7 per cent. The performance of perinatal mortality rates and trends is similar to that of neonatal mortality rates. In this case, there was a slight decrease, from 19.6 per thousand live births in 1992 to 19.4 in 2003.

17. The highest neonatal mortality rates are to be found in the Ñeembucú, Guairá and Amambay regions. The highest infant mortality rate is to be found in Boquerón, Alto Paraná and Amambay. Generally speaking, the highest mortality rates among under-fives appear in the departments of Alto Paraguay and Boquerón; although they have dropped slightly, these two regions are still in first and second place, as they were in 1992.

18. Regarding the causes of infant deaths in 2003, the trend of previous years continues; pathologies relating to pregnancy. delivery and the puerperium among mothers and their related care are the most frequent causes, accounting for 50 per cent, and almost 70 per cent if premature births are taken into account.

2.1 Deaths from immuno-preventable diseases

19. Cases of deaths from immuno-preventable diseases, with annual periodic variations, have undergone no substantial change from the 1992 incidence in absolute numbers, with the exception of measles and tetanus. In that year measles caused the death of 13 under-tens. It was responsible for the deaths of 80 children in 1993 and of 4 in 1994. No cases of the disease have been reported since 1999.

20. Neonatal tetanus remained at above 10 cases in the five-year period 1995-1999 and below that figure from 2000 onwards. In 2002 there were 50 reported cases of diphtheria (45 of them among minors under 15 years of age), resulting in 7 deaths.

21. Cases of deaths from immuno-preventable diseases (with the exception of measles and poliomyelitis), which appeared episodically as epidemic outbursts and which have been considerably reduced, are impact indicators that reveal difficulties in the control of these diseases. No cases of poliomyelitis-related sickness have been reported in the past decade.

Mortality from immuno-preventable diseases among children under 10.

Number of cases. Paraguay. 1999-2002

Mortality from tuberculosis in children under 10, 1993-2003, Paraguay

Source: Tuberculosis control programme, MSPyBS.

Mortality from HIV/AIDS, children under 10 by age group, Paraguay, 2000-2003

Source: Epidemiological Surveillance Department, HIV/AIDS Control Programme, MSPyBS

2.2 Mortality owing to child abuse

22. The Ministry’s child-abuse records show 12 violent deaths from child abuse in the past five years, 10 of them of children under one year of age.

Mortality from violence against and abuse of children under 10, Paraguay, 1999-2003

Source: Death certificates received. Department of Biostatistics, MSPyBS.

2.3 Infant deaths without medical attention

23. During 1992, 1,611 deaths of children were recorded; 34 per cent of them had received no medical attention as they died. In 2003, 162 out of 1,683 deaths occurred without medical attention. In 1992, of every 100 children who died 34 did so without receiving any medical attention. In 2003, of every 100 children who died, 10 had received no medical attention.

24. Urban area: this is defined as that of official district capitals according to administrative regulations, laid out in blocks, no other special factor is taken into account..

25. Rural area: These are simply areas not laid out in blocks, regardless of the number of inhabitants.

3. Fertility rate

26. The fertility rate has declined substantially in Paraguay, especially in the past six years, although the level continues to rise in some population subgroups. Fertility estimates are reckoned on the basis of the birth histories of women aged 15-44 and polled during the 2004 national demographic and sexual and reproductive health survey (ENDSSR 2004). The national general fertility rate (GFR) for 2001-2004 for women aged 15-44 stands at 2.9 children per woman. Various surveys conducted in the country since 1990 show that after some 10 years of gradual reduction in fertility (1990-1998) Paraguay experienced a significant drop in the global fertility rate (GFR) between 1998 and 2004. This reduction is linked to significant improvements in Paraguayan women’s education.

DIAGRAM 1

USE OF CONTRACEPTIVES

Trends in global fertility rate and use of contraceptives (various surveys)

GFR

Source : EPF 87, ENDS 90, ENDSR 95/96, ENSMI 98, ENDSSR 2004.

27. The findings of the current survey, contained in diagram 1, show a constant decline in GFR, which, all in all, represents a reduction by one child (25 per cent), or to 2.9 children per woman in 2001-2004 as against 3.9 per woman in 1995-1998, with a reduction by 0.5 child in each three-year period. Similarly, the specific fertility rates for all ages are consistent in the estimates based on the figures from both surveys. In the 20-29 age group there has been a continuous reduction between the periods 1995-1998 and 2001-2004 in the specific fertility rate, which also substantially affects GFR because the majority of births occur among this age group. The fertility rate among adolescents aged 15-19 fell by 26 per cent. dropping from 90 births per 1,000 women during the period 1995-1998 to 67 births per 1,000 women in the period 1998-2001, stabilizing between the periods 1998-2001 and 2001-2004 (see Diagram 2).

DIAGRAM 2

Rates per 1,000 women

Trend in the specific fertility rate by age and for three periods:

Women aged 15 to 44

28. It was mentioned earlier that rural women have an average of 1.2 children more than women living in urban areas: this difference prevails in all age groups. The northern region of the country posts the highest fertility rate, with an average of 3.9 children per woman, Greater Asunción being the region with the lowest fertility rate, with 2.4 children per woman.

Specific fertility rates by age (per 1,000 women) and global fertility rate (GFR) by area, region, education, language normally spoken in the home, and socio-economic level.

Period: March 2001 to February 2004. ENDSSR 2004

Paraguay: Projection of population under 15 years of age, by actual age. period 1994-2006

Source: STP/DGEEC. National Population and Housing Census 2002.

29. The periodicity of births, or the intergenesic period, is another important factor of fertility levels. The average period between births for the period 1999-2004 was 48.5 months, higher than for the period 1994-1999 (38.2 months) and the period 1989-1994 (34.4 months). This figure is based on births among women under 35 years of age during the 15-year period 1989-2004. Another significant finding is that the interval increases in line with more years of schooling and a higher socio-economic level. Also, women who normally speak Spanish at home have an interval of 62.6 months, while women speaking only Guaraní have an interval of 39 months between deliveries. The average interval between births in urban areas is 57.7 months, as opposed to 40.8 in rural areas.

4. Percentage of the population under age 15

30. The statistics and projections of the Directorate-General for Statistics, Surveys and Censuses estimate the under-15 Paraguayan population in 2005 at 2,115,138, equivalent to 35.8 per cent of the national population (see disaggregated statistics above [page 12]).

5. Percentage of the population aged 65 and over

31. There has been a moderate increase in the population aged 65 and over. In particular, a comparison with statistics for the period 1994-2005 shows that this segment of the population has increased from 4.2 per cent to 4.7 per cent of the total population. Likewise, the largest segment comprises persons aged 65-70 (see disaggregated statistics below).

6. Urban and rural population

32. The trend towards a reversal of the historical majority from the rural to the urban population has been gaining ground during the past decade; according to data produced by the 2002 census, the urban population stands at 56.7 per cent, whereas 43.3 per cent live in rural areas. The marked evolution of this phenomenon in Paraguay is illustrated below.

Population projection by urban/rural area, by calendar¹ year. Period 2000-2005

Source: DGEEC. Paraguay. Population projection by sex and age group. by urban and rural area 2000-2030

¹ Corresponds to population projections, taking census omissions into account.

7. Women heads of households

33. The sustained increase in the numbers of women heads of households is significant, from 20 per cent in 1992 to 25.9 per cent in 2002. According to the 2004 Household Census, one out of four Paraguayan households is headed by a woman. This development becomes even more significant if one considers that the number of women heads of households has almost tripled in the past 20 years. In 2002, 29.6 per cent of urban households and 20.7 per cent of rural households were headed by women. An important segment of these households live in poverty or extreme poverty.

Paraguay: Households headed by women. Years 1992 and 2002

E. Socio-economic indicators

34. In this section the information available is given under the following headings:

1. National income per head

35. According to data provided by the Central Bank of Paraguay, the national income per head has been as follows:

Evolution of income per head

Source: Dept. of National Accounting and Internal Market Division. Central Bank of Paraguay.

* 1994 constant.

2. Gross national product

36. The gross national product at market prices, in constant 1994 guaranies, showed a variation of 2.2 per cent in 2005 as compared with 2004, in which there was a variation of 4 per cent.

37. In 2005, domestic economic activity was affected by, inter alia, climatic factors, which reduced the size of the harvest of most crops, and the decline in the international prices of export products.

3. Rate of inflation

38. According to calculations by the Central Bank of Paraguay, the estimated percentage inflation rate is as follows:

4. Economically active population (EAP) by economic sector

39. Data produced by the 2002 census reveal the following indicators:

4.1 Employment – Total population

Employment indicators for the total population. Period 1995-2005

(*) In the Permanent Household Survey 1995. Data adjusted to the findings of the 2003 census. (**) Population under 10 years of age.

Source: STP/DGEEC. Permanent Household Survey 1995. 1999. 2004. 2005.

4.1.1 Employment – Adult population

Employment indicators of the adult population. Period 1995-2005

(*) En la EPH 1995-1999. Data adjusted to the findings of the 2003 census 2002 census. (**) Población

Source: STP/DGEEC. Permanent Household Survey1995, 1999, 2005.. 2004. 2005.

4.1.2. Employment – Juvenile population

Employment indicators among the juvenile population. Period 1995-2005

(*) In the Permanent Household Survey 1995-1999. Data adjusted to the findings of the 2002 census. (**) Population aged 15-25

Source: STP/DGEEC. Permanent Household Survey 1995, 1999, 2004, 2005.

4.2. Income distribution and degree of poverty

Income and Poverty Indicator

Source: STP/DGEEC. Permanent Household Survey 1995, 1999, 2004.

5. External public debt

40. With regard to the external public debt, the Central Bank of Paraguay has supplied the following information:

External public debt – Outstanding balance at 31 december 2005

(In United States dollars)

Source: SIGADE-BROWSER 2.0. REPORTE 01/02/2006. 11:05 hours. – Rate for 30/12/05 – Preliminary figures.

Note. The outstanding balance is the amount disbursed and pending reimbursement.

Debtor: is the lawful debtor of the loan under the agreement.

Disburser: the person that effectively undertakes to service the debt

* The amount shown for the Central Administration) includes amounts paid in respect of other public entities not forming part of the central administration

** Does not include loans from ANDE with the Banco do Brasil S.A. (Balance at 31/12/03 US $ 66.7 million) and Banco Nación Argentina. Balance at 31/12/03 US $48.3 million for incorporation in the capital to the Itaipú and Yacyretá binational entities.

¹ Debt Credited:Chinatrust US $ 200 million- ICBC US $200 million.

41. More recent figures made available by the same institution concerning the external public debt are given below:

F. Cultural indicators^[5]

1. School enrolment rate

42. The global enrolment rates in primary and secondary education (urban and rural areas) are known as crude and net enrolment rates and are shown in the table below.

Gross and net enrolment rates by level and zone, period 1994-2000

(Percentages)

Source: MEC. DGPEC.

Comment: The Department of Educational and Cultural Planning of the Ministry of Education and Culture (DGPEC, MEC) has been unable to process the gross and net rates by area (from 2001-2005), owing to the lack of a population projection based on actual ages and geographical area. (This information is currently being adjusted by the Directorate-General for Statistics. Surveys and Censuses)

1.2 Basic school education

43. Throughout the period under consideration the gross enrolment rate (GER) has been over 100 per cent; it must therefore be borne in mind that the base data stems from population projections; there are also signs of a high over-age rate of access that affects the entire system. The net rate, which stood at 69 per cent in 1994, has shown a tendency to increase in the ensuing years.

1.3. Secondary education

44. During the period 1994-2005 the gross and net enrolment rates posted increases of 22 and 18 percentage points respectively; however, coverage at this level remains inadequate, since the rates have remained below 45 per cent at the national level. Disaggregation of coverage by area shows that enrolment in rural areas is a good deal lower than in urban areas, so that the growth of the gross rate in urban areas is higher than in rural areas. The existing difference in coverage in favour of urban areas could be explained not only by internal migrations and urbanization processes, but also by lower educational supply in rural areas. A statistical analysis is provided below.

Growth of enrolment by area, level and/or cycle. Years 1994-2006

Source: MEC. DGPEC. The data are estimated from 2005.

2. Education and GDP

45. Regarding the evolution of the percentage of gross domestic product (GDP) and the National General Budget of Expenditures allocated to education, there was a period of continuous growth lasting from 1993 to 2000. This contrasts with the situation obtaining from 2001 onwards; in that year, a decrease began and became more and more marked until 2004; a small increase occurred in 2005. As regards the share of the budget of the Ministry of Education and Culture in the National General Budget of Expenditures, there have been no significant changes throughout the period under consideration, with the proportion hovering between 17 per cent and 20 per cent.

Ministry of education and worship 1993-2005 – Budget and execution

(in millions of guaraníes)

1993 - 1999

Source: SICO. Ministry of Finance.

* Central Bank of Paraguay.

Share of the budget of the Ministry of Education and Culture (MEC) in the National General Budget of Expenditures (NGBE) and the gross domestic product (in millions of current guaraníes)

Comment: The percentages shown in the columns next to amounts in millions of guaraníes correspond to the budget growth percentage compared with the previous year.

Source: SICO. Ministry of Finance; *Central Bank of Paraguay.

3. Religion

46. The Constitution of Paraguay establishes in its Article 24 that “relations between the State and the Catholic Church are based on independence, cooperation and autonomy.” Likewise, protection of freedom of thought, religion and worship are enshrined at the highest level of national legislation . Paraguay has not recorded any serious offences denoting hatred or violence among the various religious denominations that coexist in the country.

47. According to the 2002 national census, 89.6 per cent of the population is Roman Catholic, 6.2 per cent Evangelical Christian, 1.1 per cent of other Christian religions, 0.6 per cent indigenous religions, 0.3 per cent other non-Christian religions; 1.1 per cent of the respondents claimed to have no religious preference and 1 per cent released no information regarding their religious preference.

48. The various religious denominations include active Roman Catholic communities, Evangelical Christians, Protestants, Jews (Orthodox, Conservative and Reformist), Church of Jesus Christ of Latter Day Saints (Mormons) and Baha’i communities. There is also an Islamic community concentrated in the Alto Paraná department, an area that is host to a large number of Middle-Eastern immigrants, particularly from Lebanon. There is also a large Mennonite community, concentrated mainly in the western department of Boquerón.

4. Mother tongue

49. Paraguay’s official languages are Spanish and Guaraní, with broad dissemination of both languages throughout the national territory, to such an extent that the proportion of people in urban areas speaking only Guaraní is 31.6 per cent, while 36.8 per cent speak Spanish and Guaraní, and 29.4 per cent speak only Spanish, and 2 per cent speak another language. In rural areas 78.6 per cent speak only Guaraní, 11.4 per cent Spanish and Guaraní, and 4.5 per cent only Spanish, while 5.3 per cent speak another language. However, generally speaking, most of the national population think of themselves as bilingual. As can be seen, there is a marked difference in preference for one or the other language between urban and rural areas, Guaraní being the language most spoken in the latter. Also, Spanish continues to be the main language of instruction and officialdom, although considerable progress has been made in the preservation, dissemination and use of Guaraní.

II. SYNOPSIS OF POLITICAL AND SOCIAL DEVELOPMENTS

IN PARAGUAY

A. Developments in the political situation^[6]

50. Following a number of years of political instability, during which the Vice-President was assassinated in 1999, the resignation of the then current President and a four-year interim presidency, a new administration came to power in August 2003 with a firmly-based legitimacy from the outset; it has maintained a majority up to the present time.

51. Nicanor Duarte Frutos is the first President to have been elected without any question arising as to his legitimacy. Likewise, for the first time the President was able to choose his Vice-President instead of having to accept a domestic rival from within the Colorado party, which has been in power for a long time. This combination has resulted in an Executive with better relations, especially with Congress; this context is making for improved efficiency in the public administration.

52. These patterns of conduct have been well received by the population and also by the opposition parties. In addition, the 2003 elections changed the distribution of power. For the first time the opposition obtained a clear majority in the Senate, and the Colorado party no longer has an absolute majority.

53. President Duarte Frutos also formed a working alliance with the opposition which led to the signature, at the beginning of October 2003, of a Political Agreement in which all the parties represented in Parliament agreed to approve six important laws concerning a fiscally responsible budget, reform of the Tax Code and the public pensions system, a modern Customs Code, reforms in the financial sector (including the public banks) and a possible restructuring of public enterprises and the central administration. The opposition committed itself to cooperate in the adoption of those laws, which were widely agreed to be necessary to restore fiscal viability and revive the economy.

54. By mid-November 2003 three of the nine members of the Court had resigned, and all the parties with parliamentary representation made submissions calling for the political trial of three others. The outcome of that proceeding was the replacement of six of the nine members of the highest body in the judicial system. The changes effected in the Supreme Court of Justice enjoyed widespread approval among the population; they were considered a necessary precondition for the restoration of legal safety and a prerequisite for the resumption of investment and the stamping out of corruption.

55. During the last five years civil society has become increasingly active, pressing for a better public administration and governance. The Press in particular has been highly critical, exposing corruption in the government and the judiciary.

56. 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.

57. 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. With these considerations in mind it can be appreciated that during the present period of government there has been a major decline in the strength of the public finances, and since the assumption of power of the new economic team, the government has managed to keep up to date with the payment of wages and pensions and debt service. With a platform of struggle against corruption, and with better economic management laying emphasis on social and fiscal responsibility, it has been possible significantly to stabilize the political situation.

58. 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.

59. Furthermore, although the Opposition controls one of the Chambers of Congress, all the parties agree that the economy has reached a critical point and that fundamental changes are necessary. The President of the Republic has taken advantage of this situation to establish an agreement with all the political parties in order to approve, as a matter of priority, a package of basic economic reforms.

60. The reforms include a fundamental reform of the taxation system, rationalization of the government pension scheme and reform of the financial sector to strengthen the banking system.

61. On the basis of these reforms the Administration approached domestic and multilateral creditors seeking support. Historic agreements were reached with the domestic bondholders for the reprogramming of the stock of Treasury bonds and with the International Monetary Fund concerning a standby agreement – the first in 46 years – which the Executive Board of the Fund has considered.

B. Governance and institutional weaknesses^[7]

62. 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. In 1999 an Anti-corruption Commission was established with the technical support of the World Bank Institute (WBI). The Commission is made up of representatives of government and civil society in equal numbers. On the basis of a public opinion survey conducted by the WBI, the Commission decided to concentrate on three areas: Customs, the judiciary and public procurement, and during 2000 formulated a programme of institutional reform for each of those sectors. Following a period of public consultation it has since been actively promoting the adoption of these reforms. The principal achievement of the Commission so far has been the promotion of the approval of a new Procurement Act in the National Congress and the development of awareness within the government and the population of the feasibility of concrete steps to reduce institutional opportunities for corruption. Thus the Commission, which is now known as the National Integrity Council, has developed into an important agent for change, monitoring and pressing for improved public practices and policies to reduce corruption.

63. Within the central administration the personnel management system is at an initial stage and recently acquired an organizational chart showing all public employees. A task of much greater magnitude is that of professionalizing the civil service, which will include the establishment of competitive entrance examinations, career development and training.

64. Another obstacle to governance is the emergence of a horde of special interest groups which have successfully exerted pressure on the government and have in many cases contributed to the breakdown of law and order. One example consists of groups of “landless peasants” who invade rural estates demanding land. The government responds by purchasing the land, but the peasants often abandon it after felling the trees. Similarly, groups of peasants block the roads demanding free seeds or the remission of debts – a long-standing practice which has created a poor climate for credit and is partly responsible for the lack of private credit for small-scale farmers.

65. Above all, the decline of the rule of law is perceived by many observers, and by the general public, as the greatest obstacle to the economic development of Paraguay. Civil procedures for the enforcement of contracts and private property rights are slow. According to a recent report by the United Nations Development Programme (UNDP 2003) one-third of the National Police is made up of untrained conscripts; subaltern officials must purchase their own weapons, and the police services have an orientation more along the lines of military command and control than on the duty of providing physical security to the community. As a result, and together with the economic stagnation of the last five years, violent crime and lawlessness have increased. In the public eye the government is becoming steadily less capable of providing its citizens with the most basic of public services – physical and legal security.

C. Economic performance^[8]

66. Paraguay is a small, open economy, heavily dependent on basic agricultural commodities and conditions in the region, particular those prevailing in her two big neighbour countries, Argentina and Brazil. As a result the Paraguayan economy is vulnerable to factors over which it has little control, such as international prices of agricultural commodities and political and economic events in neighbouring countries. Thus during the years following the end of the military dictatorship in 1989 economic management was gradualist and fairly prudent, with balanced fiscal accounts, low deficits on current account and falling inflation, but as regards growth the task was a daunting one.

67. The slow rate of growth during the mid-1990s reflected the slow progress of structural reform, widespread corruption and the decline in over-all factor productivity associated with a falling investment ratio.

68. Instead of proceeding with reforms which could help the economy to weather external shocks, successive governments generally showed little inclination to adopt the measures required to give the economy the necessary resistance to handle shocks, modernize the production structure or tackle the major problems of governance which were discouraging investment and private initiative. In recent years this combination of factors has been exacerbated by a series of internal and external shocks. In 1995 and 1997-98 major banking crises occurred which led to the closure of a number of local banks, a reduction of credit to the private sector and a sharp drop in private investment.

69. More fundamentally, structural weaknesses suggest an exhaustion of Paraguay’s prevailing economic model, which was based on import-export trade with neighbouring countries (so-called "triangular trade"), cotton monoculture for small farmers and public-sector employment. Triangular trade, which used to represent up to 20 percent of GDP, has fallen significantly as a result of the reduction and/or abolition of tariffs between MERCOSUR countries and of greater border controls on smuggling.

70. Other parts of the exhausted economic model include the continued use of government to provide patronage jobs, continued government support for low-return cotton production, and in general the small margin available for productive expenditure in the Government budget (which is now mostly made up of salaries and pensions, with little over for operations and investment). Privatization of the telephone and water companies was attempted in 2001-02, but was stopped by Congress following accusations of corruption and protests by the peasants, who objected to the sale of the national patrimony.

71. Despite the general weakness of the economy, there are sectors which have experienced vigorous growth during recent years, namely sectors in agriculture which are still internationally competitive (in particular, soybeans and meat exports) as well as cellular telecommunications, in which foreign investment has been significant. Agro-industry for export has also grown substantially, but transport costs for Paraguay are the highest in the region (cif/fob ratio of 13 percent vs. 7 percent for the rest of the region) and a deterrent on growth. Due to the vibrancy of these sectors, Paraguay’s economic situation appeared to be improving somewhat in 2003. The recent increase in soy and cotton prices is leading to considerably higher export revenues and an expected current account surplus.

72. The combination of external vulnerability and an unsettled policy and institutional environment has resulted in an exceptionally poor growth performance since the mid-1990s, with GDP growth averaging 1 percent per year, while annual population growth rates stand at 2.6 percent

73. As a result, there has been a secular decline in GDP per head to pre-1990s levels, with increasing poverty, exacerbated by polarization of income and land distribution.^[9]

74. Economic growth is the best general strategy for a reduction in the numbers of poor people, since it is they who benefit most from the increases in basic public services which follow in the wake of the increased government expenditure made possible by more dynamic economic growth and higher revenue collected.

75. This assumes that the relative increase in social expenditure which has taken place in recent years will continue.

76. 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 (as opposed to “ribbon” settlements alongside roads) 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.

77. Paraguay is a small, open economy, heavily dependent on basic agricultural commodities and conditions in the region, particular those prevailing in her two big neighbour countries, Argentina and Brazil. As a result, the Paraguayan economy is vulnerable to factors over which it has little control, such as international prices of agricultural commodities and political and economic events in neighbouring countries.

78. In 1995 and 1997-98 major banking crises occurred which led to the closure of a number of local banks, a reduction of credit to the private sector and a sharp drop in private investment.

79. Nevertheless, there are sectors which have experienced vigorous growth during recent years, namely sectors in agriculture which are still internationally competitive (in particular, soybeans and meat exports) as well as cellular telecommunications, in which foreign investment has been significant. Agro-industry for export has also grown substantially, but transport costs for Paraguay are the highest in the region (cif/fob ratio of 13 percent vs. 7 percent for the rest of the region) and a deterrent on growth. Due to the vibrancy of these sectors, Paraguay’s economic situation appeared to be improving somewhat in 2003. The recent increase in soy and cotton prices is leading to considerably higher export revenues and an expected current account surplus.

80. The combination of external vulnerability and a poor policy and institutional environment has resulted in poor growth performance since the mid-1990s, with GDP growth averaging 1 per cent per year, while annual population growth rates stand at 2.6 percent.

81. As a result, there has been a secular decline in GDP per head to pre-1990s levels, with increasing poverty, exacerbated by polarization of income and land distribution.^[10]

82. Economic growth is the best general strategy for a reduction in the numbers of poor people, since it is they who benefit most from the increases in basic public services which follow in the wake of the increased government expenditure made possible by more dynamic economic growth and higher revenue collected.

83. This assumes that the relative increase in social expenditure which has taken place in recent years will continue.

84. Efforts to reduce poverty are being principally focussed on rural areas. They include appropriate land tax policies to bring unused land on to the market, concentrated settlement patterns (as opposed to settlements alongside roads) 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.

D. Paraguay’s development challenges^[11]

85. 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, to overcome which sustained effort will be required.

86. One of the principal challenges is that of a labour force the majority of whose members are functionally illiterate. Even if other constraints are eased, it will take time for the current generation of schoolchildren to enter the labour force and for national productivity generally to rise to higher levels. In addition, the limited effectiveness of expenditure on social services restricts coverage and accessibility by the population. During the 1990s social expenditure increased considerably; even so, it represented only 6 per cent of GDP (not including pensions). In particular, the health and social assistance programmes were underfinanced by comparison with other countries at similar levels of development. The basic public health services are concentrated in urban areas and tend to provide relatively complex services only to the 20 per cent of the population with some form of medical cover. The reorientation of these services towards basic health provision and preventive health care will require additional resources or a substantial increase in the efficiency of delivery. It will therefore be necessary to continue with the process of reform of the delivery of health services within the social security system currently in operation.

87. A similar pattern can be observed in education, where enrolment rates are high in primary education and extremely low (31%) in secondary education and there are striking differences between enrolment levels among the urban and rural populations (83% and 17% respectively). There are many small social assistance programmes which, taken all together, have difficulty in providing an effective social security network for the poorest and most vulnerable, although their contribution is significant. Lastly, the poor are lacking in pension coverage, even though pension expenditure is today considerable (3.5% of GDP), but only 10 per cent of the population working in the formal sector are covered. The provision of basic social services for the growing indigenous population is another challenge requiring special attention. In terms of infrastructure, the population’s access to basic infrastructure services is probably the worst in the region. Only 23 percent of all roads are paved, and less than 43 percent of the paved roads are in good condition.

88. The yearly financing requirements of a modest infrastructure programme for roads, water, sanitation and basic telephone services would require some US$150-200 million (compared to yearly investments of US$40 million at present).

89. In the agricultural sector the forest frontier has practically vanished in the eastern region, since the drive to expand soy production has resulted in almost total destruction of the native forests (less than 5% remain). Yet the expansion of modern agriculture has left the 300,000 small (and mostly poor) farmers behind, who continue with subsistence farming based principally on cotton. The challenge here is to increase their productivity as well. Also, as a result of deforestation, Paraguay has reached the unthinkable point of becoming a net importer of wood, creating an unneeded drain on the balance of payments, not to mention the loss of employment in what used to be a thriving forestry sector.

90. 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. Banking regulations and supervision are weak, and, as a result, financial intermediation is low and interest costs and spreads are very high. The lack of sound long-term savings mechanisms also limits the population’s ability to save for old age and provide some self-insurance against poverty in old age. The major remaining public bank (the National Development Bank) is unviable in its current structure and insolvent, since about 50 percent of its portfolio consists of bad loans.

91. Within the public sector the most entrenched feature of public finances is the structural deficit of the Government pension system (Caja Fiscal) , which has been the most striking feature of State finance for most of the past decade. However, the fiscal year 2005 ended with a surplus of 0.5 per cent of GDP – an amount of some 250 million guaraníes. Thus for the first time in 10 years there have been two consecutive years with fiscal surpluses; this is due to an increase in revenue collected, which implies that the economy is becoming formalized and that economic growth is taking place

92. In 2004 the surplus amounted to 1.61 per cent of GDP, or a little more than 650 million guaraníes. Initially the general budget envisaged a deficit of 0.5 per cent, which was agreed with the IMF as part of the standby agreement. The commitment in that agreement is one of not exceeding that figure. However, there was a successful return to implementation of the financial plan which restricted implementation of the budget.

1. Growth

93. The country must achieve a higher growth rate; a rate of less then 5 per cent is insufficient. The year 2005 ended with an increase in GDP of 2.7 per cent – a rate equivalent to that of population growth – following growth of 4.1 per cent in the previous year. The growth estimate for 2006, calculated for the present financial year which is coming to an end, is 3.5 per cent. The Act concerning the public banks, through which it will be sought to direct long-term credits into the production sector, has been adopted, as has the Act concerning fiscal adjustment, the regulations concerning which are being distributed. The international financial organizations are of the opinion that the country should achieve a growth rate of between 7 and 8 per cent if it does not wish to remain marginalized from the rest of the world.

Fiscal deficits and surpluses

(as percentages of GDP)

94. The cost of servicing this debt currently absorbs 20 per cent of government revenue and to some degree restricts the ability of the government to increase public investment by taking out loans. In addition, several public enterprises have problems of insolvency or excessive indebtedness and cannot mobilize the investments needed to improve the coverage and the quality of service.

95. A large informal economy, which is partly contraband trade but also a significant share of normal business activity, continues to operate outside the registered framework, mainly to avoid taxes and high contributions to an inadequate social security system, but also to avoid a complex and bureaucratic tangle of administrative regulations.

96. 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 would enable growth to break the logjam in the social security system if new entrants can be enticed to join the formal economy. Second, Paraguay’s membership in MERCOSUR gives it access to a large regional market. Third, the vibrant commercial farming and livestock sectors are oriented to export and have remained viable notwithstanding the difficult recent years. And, fourth, abundant electricity supply is available, although transmission and distribution costs are high due to a monopolistic state energy system.

E. Government development strategy

97. The objectives of the current development strategy are directed along the following lines:

i) Restoration of confidence in state institutions through a sustained fight against corruption and the modernization of public administration. By putting emphasis on improved governance the Administration hopes to achieve greater formality in the economy and to increase the international legitimacy of Paraguay.

ii) Equally, it aims to facilitate greater participation of civil society in the formulation of public policies and the control of public expenditure.

iii) Sustainable growth through a change in the economic model from triangular trade and public employment towards agro-industry and export diversification. While improved efficiency of public-sector services and public investment can contribute to the achievement of this objective, the National Government recognizes that clear and predictable rules, judicial security and equality of opportunities are essential for increasing private-sector competitiveness.

iv) An increase in human capital through higher investment in health and education, policies that enhance equity and increased access to these services, and well-targeted poverty reduction programmes directed at the most vulnerable groups.

98. While keeping the above objectives in view, the Administration is also facing up to the primordial need to regain control of public finances and to put them on a long-term sustainable basis. This immediate priority is based on the recognition that expenditure has been rising faster than revenues, that there is an abnormally high share of incompressible expenses (salaries and pensions, which represent 90 per cent of recurrent expenditure), that the deficit in government pensions (2 per cent of GDP) is absorbing resources needed for development investments, that debt service is consuming an unsustainable share of total expenditure (20 per cent), and that the tax system suffers from major deficiencies in the form of multiple tax exemptions (42 separate laws) which are not only a cause of revenue loss but also create innumerable opportunities for tax evasion and corruption. The short-term seriousness of the situation was brought home when the new Administration, on taking office, found itself facing a short-term financing gap of US$175 million (3.5 percent of GDP) in the form of arrears and end-of-financial-year debt service. Of this amount, US$65 million represented arrears on existing debt service and US$115 million of debt service obligations falling due in the fourth quarter. About US$90 million of these amounts were domestic bonds in arrears or with bunched maturities in December 2003.

99. To address this situation the Administration took a number of measures to control expenditure and increase revenues. On the expenditure side it reduced by US$30 million requests for budget increases that the previous government had sent to Congress and put on hold any discussion of an increase in public-sector salaries. It also started a census of public employees and pensioners, in part to collect relevant data on personnel capacity, but also to identify persons receiving two salaries, of whom 1,650 were identified and eliminated from the dual payroll.

100. On the revenue side the Administration took a series of measures such as verification of tax registration and the proper use of tax accounting books, encouraging taxpayers in arrears to bring their payments up to date through the waiver of fines, eliminating 300 inspectors for large taxpayers (a major source of corruption), and removal of all non-customs employees from Customs entry points (another source of corruption). These simple moves to improve tax administration yielded significant benefits, with tax revenues rising substantially. As regards the budget for 2004, the Administration sent a proposal to Congress that was recast in programmatic terms with identifiable objectives and results for each programme. Expenditure allocations were increased only for education and health, and somewhat for agriculture. Overall, the budget aims for an "equilibrated" outcome of 1 percent deficit with zero financing gap.

101. The Administration also undertook some internal restructuring to integrate the personnel and planning functions into the Ministry of Finance (they were previously separate secretariats reporting directly to the Office of the President), which should improve control over the largest element of expenditure. Finance also created a central unit to manage external assistance, and the Economic Cabinet was streamlined from nine ministers to five (finance, central bank, agriculture, public works and industry).

102. In addition, the Minister of Finance requested the assistance of the Bank in the “ministry of excellence" project to finance the reengineering of the ministry in order to improve internal controls and audit and to professionalize the civil service. Regarding the long-term sustainability of public finances, the government reached a political agreement with all the political parties on the need for specific key economic reforms. This "Acuerdo Político" was signed on October 6, 2003 with all political leaders in the legislature and committed them to pass the following laws on a priority basis:

– A fiscally responsible budget for 2004 (as described above);

– A tax reform that would eliminate exemptions, extend the VAT to sectors that to date remained untaxed (e.g., agriculture and professional services), and introduce a personal income tax;

– Reforms in Government pensions that would reduce the benefit calculation formulas for new retirees, equalize the conditions for different types of state employees (teachers, military, civil servants, etc.), and abolish the extra year-end pension payment for retirees;

– A modern Customs Code that would provide financial autonomy to the Customs Service, rationalize procedures and assign responsibilities more clearly;

– Renegotiation of public debt, in particular, rollover of local Treasury bills whose maturities are bunched towards the end of 2003 (as described above);

– Reorganization of the public banks, to create a single first-tier retail window aimed at small farmers and a single second-tier window to channel external resources through the commercial banking system for long-term development loans; and

– Reorganization of the public administration and of the public enterprises to improve their efficiency, introduce financial discipline and incorporate private capital to help finance infrastructure investment.

103. Five of the above laws have already been sent to Congress (budget, tax, pensions, Customs and public debt) and those relating to the New Customs Code, the Tax Adjustment Act applying the personal income tax system and the Reorganization of Public Banks Act have already been promulgated.

III. REPORT OF THE OFFICE OF THE OMBUDSMAN

104. The Office of the Ombudsman, as a member of the Inter-agency Commission for Prison Visits, frequently visits the prisons where various anomalies are observed, the most worrying being the situation of prison overcrowding. At the Tacumbú National Prison, with a normal capacity of approximately 600-700 inmates, the current population is 1,810. While some progress has been made in this area, with the inauguration of the Nueva Esperanza Prison, the continuing seriousness of the situation reflects the economic situation of the country and the region, which precludes genuine exercise of most economic, social and cultural rights. However, thanks to the collaboration of the National Vocational Advancement Service, vocational training courses have been provided Meanwhile, the capacity of the Buen Pastor Women’s Prison is over 200, whereas it houses 308 women; the facilities are well organized and show signs of order and cleanliness; it is divided into zones, one of them exclusively for women who have given birth or with children under one year old; they have access to medical staff and to craft workshops and vocational training activities. This establishment has one of the lowest levels of reported violence compared to the country’s other prisons. The Itauguá Educational Centre for delinquent minors houses boys aged 14-20. With a capacity for 250, it contains some 170 inmates and has a school for basic education, gardening, bakery and farming.

A. Strengthening of public gender policies

105. The Government programme, with its commitment to strengthen public gender policies through the Secretariat for Women within the Office of the President of the Republic, in conjunction with the public and private sectors, has pressed for the adoption of a firm commitment to implement the National Plan on Equal Opportunities for Women 1997-2001 and the mechanisms for inter-agency linkage, decentralization and participation with civil society to that end.

106. The initiatives taken by the Secretariat for Women within the Office of the President of the Republic, with support from women’s organizations, networks and international and cooperation organizations, started in 1993, the year in which the Secretariat was formed. The period since then has been used for cross-cutting gender mainstreaming in public policies and the implementation of programmes and projects designed to attain its objectives as established by Act No. 34/92. A variety of plans have been implemented since 1994, including national plans for the elimination of violence against women and plans to establish equality. This period has witnessed legislative amendments in favour of equality between men and women and non-discrimination against women, including amendments to the Penal, Electoral, and Domestic Violence Codes; ratifications of international conventions, including the Convention of Belém do Pará, the CEDAW Optional Protocol, the Convention against Transnational Organized Crime, the Rome Statute, and commitments under the Beijing and Cairo Platforms and the Millennium Development Goals, regarding which special reference to gender and the advancement of women is made in this section of the report.

107. In addition, the establishment of bodies to work in favour of gender policies during this period has resulted in progress and in consolidation of some cases in parliamentary committees of both Chambers, in the Human Rights Unit of the Supreme Court of Justice, in the Office of the Ombudsman and in the Public Prosecutor’s Office. Joint networks have been established in the sectoral ministries, such as Education, Health, Justice and Labour, Agriculture and Livestock, and in the departmental and municipal governments, and there has also been considerable interaction among international external cooperation organizations, such as the United Nations system, OAS, the Inter-American Development Bank, GTZ (the German cooperation agency), the Canadian International Development Agency, the Swedish International Development Cooperation Agency and many others. Women also now enjoy access to positions of power within the current Administration, the national Foreign Ministry, various sectoral ministries and secretariats, the Office of the President of the Central Bank, the National Directorate of Customs and the Supreme Court or Justice.

108. Although there have been positive signs of awareness of equality, there is acknowledgement of the persistence of discrimination which is still cultivated and fostered by cultural factors, customs and attitudes. This is why the Secretariat for Women has undertaken activities in nine areas: equal rights for women and men; a culture of equality; access to economic resources and jobs; equity in education; comprehensive healthcare; a life free from violence; a healthy and sustainable environment; social and political participation with equal opportunities; effective decentralization; and establishment of inter-agency measures and civic participation.

109. The main activities concern still require amendments to the law, such as the Penal Code and the Electoral Code in connection with women’s participation, filiation and the necessary food requirements for children and, more directly, women. It also involves cultural changes in society’s view of women, to which end awareness, consciousness-raising and information and other activities for motivating discussion and reflection have been organized. There is also the strengthening of programmes affording women access to economic resources and to employment and education, programmes on health, the fight against violence against women and the fight against human trafficking. Mechanisms for the country’s interior have also been established and guarantee decentralization of gender policies and civic participation in management and decision-making, sustainable development with cross-cutting gender and environmental action policies, and promotion of social participation and gender policies.

B. Establishment of generational public policies: children,

young people and the elderly

110. Among the serious defects in Paraguay’s public policies, one that causes concern is the problem of effective implementation of a comprehensive and cross-cutting approach that caters to the needs, interests and specific potential of children, young people and the elderly, together with the incorporation of a gender perspective. Measures and programmes geared to these groups usually view them as problem groups, and they are even commonly catered for exclusively as risk groups and objects of charity, without due consideration of their rights and potential for full and equal civic participation or their actual contribution to the tasks of society.

C. Egalitarian labour and employment policies

111. Women’s economic participation has increased considerably, as reflected in the increased number of women among the economically active population (EAP). It is currently vital for women to engage in paid work in order to lift their families out of poverty. However, they continue to be solely responsible for domestic tasks. While their participation in productive labour in rural areas is indisputable, recognition of such work is not reflected in national statistics, public policies, etc.

D. Economic reorientation and recovery, uprooting of poverty, integration

and sustainable human development with full inclusion of women

112. For their part, the Ministry of Justice and Labour and the Secretariat for Women signed a joint cooperation agreement to implement a programme of action comprising various components that will help improve public policies designed to give Paraguayan women better access to economic resources and employment. Provided for under the second National Plan on Equal Opportunities for Women and Men (2003 -2007), the cooperation agreement will provide training activities for women workers. Experts claim that it also ensures the full observance of the human rights of women prisoners throughout the country. Its implementation will include the formation of a technical team charged with devising the plan of operations for bodies of both entities, insofar as budgetary resources allow. The Minister for Women’s Affairs, María José Argaña, is of the view that “Paraguayan women, when compared with men, live in unequal conditions in all spheres, especially the economic sphere”.

113. Figures show that female unemployment stands at 18 per cent while male unemployment is only half that amount; where salaries are concerned, women earn 73.1 per cent of men’s monthly earnings, according to the Minister. In earlier meetings with leaders of business and industry Ms. Argaña pointed out that in order to overcome poverty it was essential that women should be integrated into the labour market. The signing of this new agreement - which will enter into force immediately, is of three years’ duration and may be extended - is an initiative of the Secretariat for Women to support the demands of the female sex. Earlier this month this department of State launched a campaign against sexual harassment. At its inauguration it was claimed that men were also victims of this offence, but statistics show a greater incidence among women.

E. Promotion of women’s access to power in order to achieve

labour equality

114. In 2005 the Paraguayan Secretariat for Women established a Women’s Leadership Centre, a scheme supported by the Superior Court of Electoral Justice (TSJE). The Centre is a body that promotes women’s access to the country’s power structures. It is intended to provide differentiated training for young and adult women and guide them towards positions of power and so break down the barriers that impede their access to decision-making, and fostering in them attitudes and skills conducive to building a more equitable society. The proposed goal is to train 1,000 women during the first year and 100,000 by 2008. The Centre was inaugurated at a highly significant period for Paraguay, because “we are in transition towards the incorporation of more opportunities for women in elected posts on the eve of new elections of parties and administrations and three years away from the next general elections. This is why the goal must be to improve women’s access to power structures.” The opening of the Centre is in line with the guidelines of the second Plan on Equal Opportunities and the eighth Plan on Social and Political Participation and fulfils the recommendations contained in the Convention on the Elimination of All Forms of Discrimination against Women. It should also be pointed out that in January 2005 Paraguay defended its report before the CEDAW Committee, whose observations were not only disseminated, but also incorporated into action plans; they also served as a guide for the drafting of this report in order to indicate the progress made and the main concerns at the national level.

IV. NORMATIVE FRAMEWORK FOR THE PROTECTION

OF HUMAN RIGHTS^[12]

115. On 12 July 2004 the Republic of Paraguay submitted its periodic report to the Committee on Civil and Political Rights, which considered it on 19 and 20 October 2005. That report contained up-to-date information on the human rights situation in Paraguay, as well all date relating to the normative framework for the protection of such rights. In this connection, that report contains a detailed list of the mechanisms of Paraguay’s legal framework for the promotion and protection of human rights, since which time there have been no changes in the protection system, with the exception of the new draft Statute of Indigenous Communities, intended to abrogate Act No. 904 and introduce changes in the existing legislation. However, to date, since the promulgation by the Legislature, the draft law is being considered by the Executive for subsequent promulgation or, failing that, the veto and return to the committees of the National Congress, a process that is currently at a standstill owing to disagreement expressed by certain sectors of the indigenous communities.

V. SECOND PART: REPLY TO THE LIST OF ISSUES ON ECONOMIC,

SOCIAL AND CULTURAL RIGHTS^[13]

ARTICLE 1

116. The exercise of the right of self-determination, and in particular regarding self-determination of indigenous peoples, is unequivocally established in Paraguay in the 1992 Constitution. Chapter V, “Concerning Indigenous Peoples”, article 62 of which, “ Concerning Indigenous Peoples and Ethnic Groups”, states that “the Constitution recognizes the existence of indigenous peoples, defined as cultural groups that existed prior to the establishment of the Paraguayan State”. article 63, “Concerning Ethnic Identity”, is even clearer, stipulating that: “the right of indigenous peoples to preserve and develop their own ethnic identity in their own habitats is recognized and guaranteed. They also have the right freely to apply their systems of political, social, economic, cultural and religious organization and voluntarily to observe customary practices for the regulation of their domestic coexistence, provided that none of them runs counter to the fundamental rights established in this Constitution. In conflicts of jurisdiction, account shall be taken of indigenous customary law.” article 64, “Concerning communal property”, stipulates in fine: “Any removal or resettlement from their habitat is prohibited without their express consent”.

117. These rights are also recognized in the same spirit in the basic Act (the Statute of Indigenous Communities Act, No. 904/81), and in Act No. 234/93 approving ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries.

118. With regard to the legislative and other measures taken by the State for the full enjoyment of their cultural heritage by national ethnic groups, minorities and indigenous peoples, mention may be made of article 65 of the Constitution, “Concerning the right to participation”, which "guarantees the indigenous peoples the right to participate in the economic, social, political and cultural life of the country in accordance with their practices and customs, the Constitution and national laws"; article 66, “Concerning Education and Assistance”, stipulates: “The State shall respect the cultural heritage of Indian peoples, especially regarding their formal education. At their request, the State will also defend them against demographic decline, the degradation of their habitat, environmental contamination, economical exploitation and cultural alienation", while article77, “Concerning mother-tongue instruction”, stipulates: "Teaching in the early school career will be in the official language of which the student is a native speaker. Students will be taught to understand and to use both official languages of the Republic likewise [...]. Ethnic minorities whose native language is not Guaraní may choose one of the two official languages."

119. Regarding positive aspects, there are laws that especially protect indigenous communities and other more vulnerable groups previously mentioned, in addition to the Code of Criminal Procedure in force which provides for differentiated treatment of an implicated indigenous person. At the same time, land has been acquired for the indigenous people, and the Paraguayan Institute for Indigenous Peoples (INDI) provides them, as far as possible, with legal protection through its legal department, especially under civil law in cases of claims, eviction and so forth. That Institute also comes up against negative aspects such as judges’ and even the National Parliament’s lack of understanding of indigenous issues, especially in the area of expropriation, and particularly regarding the shortage of economic and financial resources for appropriate compensation to owners of expropriated land.

120. According to data produced by the 2002 Indigenous National Population and Housing Census, the country’s indigenous inhabitants are located mainly in rural areas (91.5 per cent). The remainder (8.5 per cent) are located in urban areas with a significant presence of five ethnic groups: Maka (77.4 per cent); Maskoy (32.7 per cent); western Guaraní (29.4 per cent); Nivacle (25.2 per cent); and Exnet (24.4 per cent).

A. Overall report on the indigenous situation

121. In its zeal to deal with issues relating to the urban indigenous population, INDI launched a process of inter-agency linkage with the Ministry of Public Health and Social Welfare, the Secretariat for Social Action, the National Emergencies Secretariat and the National Secretariat for Child and Adolescent Affairs. Together with this last body, a start was made on tackling the issue of indigenous street children, one of the most problematic aspects of indigenous urban daily life, making it possible to rescue indigenous children at risk or abandoned. As a result, most of them today live in their communities far from the risk of addiction.

122. At the same time, and in parallel with containment and emergency activities in favour of these indigenous families, INDI initiated action to address the underlying problem: abandonment and uprooting from their communities. To that end a new approach to their social management was adopted, with provision of assistance to indigenous people in their own communities so as to respond more effectively to existing needs and promote their development at the same time.

123. A sizeable part of the responses to these needs comprises regular delivery of food (rice, noodles, kidney beans, white corn, sugar, tea, biscuits, oil and preserved meat). By delivering these foodstuffs to the communities the Institute ensures that the provisions actually reach the families, since they do not fall under the leadership’s discretionary authority. This approach was adopted in response to the observation that in some cases leaders were enriching themselves with the provisions received, with the result that the provisions never reached genuinely needy families. The provisions are generally distributed for day-to-day consumption as food support during production periods or to strengthen nutritional content in the presence of illness. In addition to food, families receive tools and seed in order to launch the growing of food for personal consumption.

124. Special mention should be made of the provision of foodstuffs, tents and medical care to the indigenous inhabitants who lived in Plaza Italia for one month awaiting approval of the new Indigenous Statute. This task was supported by the National Directorate of Charity and Social Assistance (DIBEN) and the National Emergencies Secretariat (SEN). A parallel activity was developed with the indigenous persons who camped at the Metropolitan Seminary to protest against the Act approved by Congress. This draft Act is currently under partial veto by the Executive.

125. With regard to health care, the institution coordinates its work with the Ministry of Public Health and Social Welfare through the various clinics, hospitals, the Juan Max Boettner Institute, the Mother and Child Institute, the Medical Emergencies, the Clinics Hospital, the Military Hospital and others, which constitute receptacles for these communities’ care needs. An overall evaluation of the health status of the indigenous people normally assisted by INDI shows that the main problems include acute respiratory infection, acute diarrhoea, parisitosis, anaemia, deficient nutrition and tuberculosis.

126. The Institute’s budget is 6 billion guaraníes, enabling it to reach 22 of the existing 412 communities. However, thanks to efforts to optimize resources, INDI currently reaches 60 communities comprising some 1,200 families. It should be noted that indigenous people temporarily located in the capital regularly approach INDI, which, given its very limited space for the number of persons it receives, is in not equipped to provide temporary shelter, although it quite often does so.

127. Part of the provisional care offered to indigenous people who approach the Institute, either to seek medical care or to initiate action with INDI or with other bodies, as well as those who come to demonstrate and occupy various squares, is to provide them with three meals a day. The latter (demonstrators) are usually brought by leaders of their communities or other individuals or organizations in order to file claims, although they are often also unscrupulously manipulated by private interests. This is one more consequence of their vulnerability.^[14]

B. Programmes and projects in operation

– Project for institutional strengthening of Paraguay’s indigenous organizations, with support from the Inter-American Development Bank (IDB).

– Project for improving the health care and food security system for indigenous communities in the Departments of Caaguazú, Presidente Hayes and Boquerón, with help from the Korean International Cooperation Agency (KOICA).

– Programme for social reintegration of indigenous street families: organizational strengthening and enhancement of production of their original communities, in coordination with the National Secretariat for Child and Adolescent Affairs (SNNA).

ARTICLE 2

128. Article 46 of the National Constitution establishes the framework for equality among individuals, stipulating that: “All residents of the Republic are equal as far as dignity and rights are concerned. No discrimination is permitted. The State shall remove those obstacles and prevent those factors that maintain or promote discrimination.” It goes on to state that: “Guarantees aimed at preventing unjust inequalities shall be considered as not discriminatory but egalitarian factors.”

129. In this connection, while the Paraguayan legal framework contains no discriminatory obstacles to enjoyment of the rights enshrined in the Covenant, especially against any vulnerable group, Act No. 2352 has as its main aim the establishment of a border security zone so as to protect the border strip against privatization of Paraguayan territory for the use of aliens. In this way:

130. Act No. 2532,article 1, establishes as “a border security zone” the 50-kilometre strip adjacent to the land and river borders within the national territory. Article 2 : In the absence of authorization by decree of the Executive branch based on reasons of public interest, such as activities that generate jobs for the workforce in the border security zone, aliens originating in any of the countries bordering the Republic, or corporate bodies comprising a majority of aliens originating in any of the countries bordering the Republic, are not entitled to ownership, joint ownership, or usufruct of rural landed property.

131. Act No. 1863, article 45, “Limited borderland allocation”, establishes that in official settlements land shall be awarded exclusively to Paraguayan citizens, with the exception established in the Act itself. In private settlements established on the basis of the promulgation of this borderland Act, considered as the strip of the national territory extending 50 kilometres inwards from its border, the resulting lots shall be awarded in a proportion of not less than 50 per cent (fifty per cent) to Paraguayan citizens.

132. Regarding legislation on foreign labour, especially in respect of permits to work or reside in the country, the Migration Act establishes:

– Article 62: Prohibits aliens residing illegally in the country from working for pay or remuneration, whether self-employed or for an employer, and with or without a relationship of dependency.

– Article 63: No physical or legal person, public or private, may provide work or paid occupation to aliens residing in the country illegally or who, residing there legally, are not entitled to perform such tasks.

– Article 68: Any employer, in providing work or employment to or hiring aliens, whether to perform tasks on their own account or in a relationship of dependency, shall require him or her without exception to present the Paraguayan identification document stating that the alien is a permanent or temporary resident; and in the latter case that the period of his or her stay is valid that he or she is authorized to work.

– Article 69: Owners, managers or supervisors of hotels, boarding-houses or similar businesses may not provide lodgings to aliens who are in the country illegally.

– Article 70: Any irregularity regarding stays of migrants detected by persons offering work or lodging to an alien must be reported to the immigration authority within 48 hours so that the latter may exercise the powers set forth in this Act.

– Article 71: For purposes of verifying enforcement of the aforementioned provision, the Directorate- General of Migration may undertake inspections of workplaces and lodgings and duly report any infringement of the relevant provisions.

– Article 72: Corroboration of the infringement does not exempt employers from the payment of wages, salaries or other remuneration to the person to whom work or lodgings were given in violation of the provisions of this Act.

133. At the same time Paraguay is almost exclusively a recipient of international cooperation; however, in the past decade the national army has formed part of peace missions organized by the United Nations and the Organization of American States. Accordingly, while the missions are military in character, every effort is made to ensure that the Paraguayan contingent is properly instructed in the matter of human rights and that the relevant regulations are translated into strict respect for human dignity. In this way it also contributes to the enforceability of human rights in those peacekeeping missions.^[15]

ARTICLE 3

134. With a view to promoting gender equity and eradicating discrimination and violence against women, Act No. 34/92 established the Secretariat for Women within the Office of the President of the Republic. Its main task is to incorporate a gender perspective in the public agenda, through plans, programmes, projects and standards. Since 1994 the Secretariat for Women has launched, in an inter-agency context, the National Plan for the Prevention and Punishment of Violence against Women, the First National Plan on Equal Opportunities for Women 1997-2001, the second National Plan on Equal Opportunities for Women 2003-2007, approved by Executive Decree No. 1958/04, which integrates the first and second National Plans on Sexual and Reproductive Health within the framework of CEDAW, the Beijing Platform and the seven main international human rights instruments ratified by Paraguay between 1994 and 2005.

135. Since 1995 the Secretariat has been implementing the National Programme on Equal Opportunities for Women in Education (PRIOME) jointly with the Ministry of Education and Culture (MEC), the aim of which is to incorporate a gender perspective in education. Its main activities are:

1. Training and awareness-raising for directors, instructors, trainers, and extension trainers and leaders - that is, a large section of the educational community - through the Ñanduti Plan for Education (2004-2005) and by implementing these policies through the departmental education plans.

2. Dissemination and promotion of awareness of the importance of the gender approach through the mass media.

3. Design of educational spots, posters, wall maps and brochures involving the entire educational community as protagonists.

4. Promotion of initiative: the programme establishes cooperation alliances with civil society and State and international organizations with a view to supporting strategies for installing capacities in the sphere of formal education.

5. Establishment of permanent discourse and reflection among the educational community through the organization of forums, debates on the topic, and participative workshops based on personal experiences, starting with children at the initial level and going on to adolescents and adults.

6. Use of different methods to achieve inter-agency awareness with regard to the gender approach in the MEC.

7. Analysis and review of textbooks and educational materials in order to make an impact on curricula.

136. Other activities include publication of the research work Sexist Practices in the Classroom, as part of UNICEF activities and based on the results that emerged from the research on “Improving girls’ education in Paraguay”; and confirmation of the agreement between the Secretariat for Women within the Office of the President of the Republic, the Ministry of Education and Culture and the United Nations Children’s Fund (UNICEF), signed in connection with the Millennium Development Goals. It is implemented through the Programme for Equal Opportunities for Women in Education (PRIOME).

137. There is also support and advice to the Guaraní-Spanish Bilingual Literacy Programme on Gender and Community Organization for Production, Health and Education, coordinated by the Ministry of Education and Culture. The education section of the Secretariat for Women and the PRIOME Coordination Office are the gender component facilitators. The programme is being conducted in six of the country’s departments: Guairá, Caaguazú, Itapúa, San Pedro, Parguari and Caazapá.

138. The Secretariat for Women is represented on the “Tripartite National Commission to analyse and promote equal participation of women in employment”, created by Executive Decree in 1998. It has served to foster tripartite social dialogue among Government, trade union and business sectors. The Commission, with ILO assistance, has generated research on subjects such as gender analysis, poverty and employment, and the situation of domestic work in Paraguay, and has acted as the advisory counsel to the Gender, Poverty and Employment Programme in Paraguay. In the same year it carried out a six-month National Campaign against Sexual Harassment at Work , developed in the metropolitan area. This National Tripartite Commission has a plan of action entitled “Decent work agenda for Paraguayan women, 2005-2006”, with the following lines of action:

– To promote respect for fundamental labour rights, in order to encourage and promote approval of ILO Convention No. 156 (Workers with family responsibilities).

– To promote opportunities for employment and income: this line of action will be implemented through business associations represented on the Tripartite Commission.

– To expand men and women workers’ social protection through amendments to the organizational chart of the Social Security Institute.

– To promote social dialogue with a view to training public officials and men and women workers and entrepreneurs in labour-relations issues with a gender perspective.

139. In 2000 the Secretariat for Women set up the YES Youth Employability and Entrepreneurship Network (mixed network), which has promoted national and international youth events. The YES Network’s actions are coordinated through local, regional and international inter-institutional efforts, strengthening the partnership of public and private youth assistance organizations cooperating at the national level in order to generate consensus and harmonize activities, proposing specific thrusts for policies and strategies on employability, entrepreneurship and youth labour enterprises with a gender approach.

140. In 2002 activities were carried out to evaluate progress on the Plans being implemented by the Secretariat for Women and their interaction with focal points in favour of the Paraguayan State’s gender agenda. As of 2003, on the basis of internal and external operation evaluations, an institutional updating process was launched to boost the action strategies of the Secretariat for Women with State institutions, which set in train joint participation processes with civil society organizations, especially those that promote women’s human rights. In this context, the Decentralization Directorate was created in order to support the decentralization process, ensuring incorporation of the gender approach at all territorial levels.

141. Section III of the Plan establishes as a general objective: “Achievement of equality for men and women regarding tenure, working conditions, access to and control of economic resources and employment.” Within this framework a series of activities for inter-institutional linkage have been carried out in favour of women’s access to land, credit and employment in the form of productive projects and through the installation of operational programmes and plans. In this connection, there is a mutual cooperation agreement for the period 2001-2006 between the Ministry of Agriculture and Livestock and the Secretariat for Women in the Office of the President of the Republic.

142. The purpose of this agreement is to coordinate and implement joint activities in the agrarian sphere, incorporating the gender perspective into the policies, plans, programmes and projects of the institutions that make up the agriculture and livestock sector, consistent with public sectoral policies and with the Plan on Equal Opportunities for Women, coordinated and implemented by the Gender and Rural Youth Directorate created by the Ministry of Agriculture and Livestock for the purpose. At the same time, the agreement with DEVNET for implementing the WINNER Programme, April 2005-April 2006, consists of a virtual space devoted to women at the head of formalized micro, small and medium-sized businesses, giving them access to new information, communication and training technologies for their products’ entry into the supply and demand circuit. Its website is www.winnernet.org. There is also an agreement between the Secretariat for Women and the Paraguayan Industrial Union for facilitating and making more flexible women’s access to credit. The Secretariat for Women and the National Development Ban) also undertake activities to facilitate and smooth women’s access to credit. A joint agenda of the National Cooperative Women’s Committee of the Paraguayan Confederation of Cooperatives is being pursued; it has trained over 170 female members of cooperatives and has fostered national and international events, including national encounters and various day courses on “The gender dimension of lending policy, the microenterprise sector and the fight against poverty”, and “Designing a framework of action for gender mainstreaming in employment policies and the labour market in Paraguay”, “Cooperatives and local public policies and international integration” and “The gender dimension in credit policy and the microenterprise sector in the fight against poverty”. A pilot project, “Eradicating sexist paradigms”, the initial stage of which is a “Diagnostic workshop with female heads of household” originating in the poverty belt around Asunción city. There are also production initiatives with women heads of households, with support from B’nai B’rith in the form of the supply of work tools for equipping sewing workshops in the country’s 17 departments. Seventy-six production projects with CONAMURI, including dairy and pig farming, egg and farmed hen production, and others currently at the training and monitoring stage.

143. Mention should be made of the United Nations WINNER programme implemented under the agreement signed with DEVNET, with financing from the Italian Ministry of Foreign Affairs. The Secretariat for Women has assumed the role of National Office and has established five support offices. To date it has trained 306 women entrepreneurs, and the same number of women are registered in the system, surpassing the project’s target and with time left over for project completion. The virtual space affords access to new information, communication and training technologies, as well as the possibility of exchanges, business sessions, and supply and demand of products and services.

144. The Secretariat for Women supported the Latin American meeting on youth employment, progressing towards the Millennium Development Goals, “Youth: strategic capital in the fight against poverty and the strengthening of democratic governance”, with the participation of 300 young people from 17 Latin American and Caribbean countries plus Japan and Taiwan.

145. Other topics placed on the agenda are decent work for Paraguayan women, based on ILO Convention No. 156 concerning Workers with Family Responsibilities, and social security. This Convention was presented with the support of ILO and the Tripartite Commission for the public and private sectors in order to raise the awareness of the actors involved.

146. The Secretariat has signed an agreement with the Ministry of Justice and Labour to coordinate institutional skills with a view to guaranteeing the fundamental principles and rights of women in the workplace, and protect the human rights of women deprived of their liberty in order to stamp out discrimination against them, and afford effective de jure and de facto equality. A process is under way, with assistance from ILO and UNFPA and coordinated by both organizations, to formulate the programme and budget for achieving these objectives.

147. The Secretariat for Women operates the Children’s Centre for the children of officials not only of the institution, but also of the National Congress and the Ministry of Public Works and Communications, in order to give effect to the Labour Code and make working and family life more compatible. It also supports the initiatives of the Centre for Documentation and Studies (CDE) and advocates the inclusion in the public agenda of analysis of regulations and public policies on paid domestic work in Paraguay.

148. The Secretariat for Women is represented on the Bicameral Commission entitled National Natural Resources Defence Commission (CONADERNA), whose aim is to develop efficient and effective activities for protection of the ecosystem. In this area the Secretariat for Women has submitted a number of comments on proposals for laws, which have been studied by the aforesaid Commission. The proposals include:

– An awareness-raising workshop for senators and parliamentarians on national environmental legislation in Paraguay (2003).

– A forum on the use of agrochemicals and their effects on human health.

– A public hearing on the proposed water law.

– Support for supplementing Paraguay’s document for the national Rio + 10 report submitted at the United Nations World Summit on Sustainable Development, held in South Africa in August 2002.

– The mutual cooperation agreement between the Ministry of Agriculture and Livestock and the Secretariat for Women is currently in process of renewal; the new agreement provides for the mainstreaming of gender and the environment.

– Representation of the Secretariat for Women to the National Environmental Council (CONAM) between 2001 and 2004.

– Participation in and support of the Secretariat for Women for the Guidelines for the elaboration of a national environment policy, which is currently the National Eolithic of the Paraguayan Environment.

– In 2003 an agreement was signed by the Environment Secretariat and the Secretariat for Women for coordinating and implementing joint environmental activities incorporating the gender perspective in the policies, plans, programmes and projects of the institutions that make up the environment sector, in line with sectoral public policies and in the Second National Plan for Equal Opportunities for Women and Men.

149. MERCOSUR Working Subgroup No. 6, responsible for following up environmental matters, stated in its report No. 02/2002 that “account will be taken in its agenda of work of Common Market Group Resolution 84/00, which makes reference to the need to work on the basis of gender perspective in this area. The Secretariat for Women formed part of the advisory committee for the National Biodiversity Strategy and Action Plan (ENPAB), for which work is shared by 12 sectoral groups for the inclusion of a gender perspective (2002-2004). Gender issues were included in the final report on the Strategy.

150. In 2005 Paraguay updated the submission of reports to the CEDAW Committee and, as one of the main measures taken under the commitment to monitor implementation, the Secretariat for Women circulated the Convention, the Committee’s Concluding Observations and Recommendations, international platforms and the Millennium Development Goals to over 140 offices of public institutions and over 60 non-governmental organizations. An inter-agency board to monitor implementation of CEDAW was also set up, sharing space with civil society organizations as part of the overall inter-agency plan of operations. There are currently thematic boards dealing with the CEDAW Committee’s Observations and Recommendations.

151. In 1999 and 2000 the Regional Pilot Project for Prevention of and Attention to Domestic Violence against Women was implemented at the regional level by the Secretariat for Women with support from the Ministry of Public Health and Social Welfare and technical cooperation of the Inter-American Development Bank (IDB). In that same year (2000) the women’s support centres (CENAM) were created; they have now become SEDAMUR, under the Secretariat for Women; they provide legal, psychological and social counselling for women and refer their cases to other bodies and competent institutions. Also established was the Care Centre for Victims of Violence in the Medical Emergencies Centre and the national network of care for victims of domestic violence, and the Code 1600 service from the National Police 911 system.

152. Between 1994 and 2005 the main achievements in the fight against the scourge of violence against women were reflected in the inclusion of domestic violence in the Penal Code; the enactment of Act No. 1600/00, a civil recourse that affords precautionary measures in favour of victims; the skills training series for men and women public officials of the National Police, health centres, police academies, the military academy, associations of persons with special skills, and older women; and awareness-raising and information campaigns on the basic rights of women in a context of violence. Since domestic and other types of violence have not been satisfactorily defined in the Penal Code, the National Parliament’s National Commission on the Reform of the Penal and Penitentiary System has received proposals for the amendment of article 129 concerning domestic violence and other punishable acts against sexual integrity and autonomy, punishable acts against minors, and so forth.

153. To date, the Secretariat for Women has received support through international cooperation for equipping a reception centre for women victims of violence. The purpose of the centre is to provide full and comprehensive care, including safety, attention and treatment, and reintegration into the workforce.

154. A national campaign against sexual harassment under the name of “You harass, I accuse” (Tu acosas, yo acuso) was launched in November 2005. The first part of the campaign consisted of training workshops for public officials, secondary-school pupils and members of trade unions. The second part envisages working with the same groups, as well as university students and Military Academy cadets.

155. Since the same year, with support from the State Department of the United States of America, No. 2210 on Trafficking in Persons has been in operation. It is designed to consolidate the Paraguayan Government’s overall efforts to eradicate trafficking in persons, establishing procedures for its prevention and for the protection of victims (especially women, adolescents and children) in Paraguay. With the establishment of the Referral Centre on Trafficking in Persons - which provides comprehensive care for victims, assistance and monitoring of cases – a total of nine cases involving 37 women (30 adults and 7 minors) in all, have been taken up. There is also a telephone helpline and electronic mail site for receiving complaints. In parallel with those activities, an “awareness-raising and education” campaign on trafficking in persons and sexual exploitation was launched with the dissemination of educational materials (posters/fold-outs, radio spots in Guaraní and Spanish in the capital and the country’s interior, and printed materials). Three workshops were also held for government and non-governmental institutions with a view to obtaining inputs for the subsequent preparation, starting in April 2006, of a manual on general intervention procedures.

156. On the basis of internal and external operation evaluations, in 2003 the central Government initiated an institutional modernization process to boost the strategies for action by the Secretariat for Women with State institutions and embarked on processes of joint participation with civil society organizations, especially those promoting women’s human rights. This gave rise to the creation of the Decentralization Directorate of the Secretariat for Women, whose aim is to support the decentralization process and ensure gender mainstreaming at all territorial levels.

157. Communication strategies have served to raise awareness of the need for equal opportunities. In 2004 the Equal in Everything (Campaña Iguales en Todo) campaign covered the following main lines: equal remuneration for work of equal value, participation, health, prevention of domestic violence, equal access to education for girls, and sharing of domestic roles in the home.

158. The Equal in Everything Campaign in 2005 focused on the need to eradicate violence against women, promote equal opportunities for political participation by women, and the promotion of sexual and reproductive rights, as well as raising consciousness of the existing gender inequalities in various spheres of society. The campaign used television spots, advertisements in the printed Press, radio microprogrammes and fold-outs containing information on sociological violence, sexual violence, sexual and reproductive health, mothers’ health and social and political participation. Other campaigns took the form of street theatre performances on those topics on public thoroughfares in communities in Asunción, Central, Ciudad del Este and Ca’acupé.

159. With regard to health, there have been campaigns to raise women’s awareness of their vulnerability to HIV/AIDS. The Secretariat for Women lobbied the top national authorities of the three branches of State. A public campaign to obtain a commitment was also undertaken with the assistance of UNAIDS, and Thematic Groups met to review fulfilment of commitments with the assistance of the Pan American Health Organization. These Thematic Groups’ achievements include the decision to provide VSRL analysis and ELISA testing free of charge, as well as antiretroviral treatment for pregnant women. Twenty men and women decision-makers were trained in programmes on transmissible diseases in Central Department level and in the Departments of Paraguari and Presidente Hayes.

ARTICLE 4 (operative paragraph)

ARTICLE 5 (operative paragraph)

ARTICLE 6

160. First and foremost, Paraguay is a party to the following international human and labour rights instruments:

International Convention on the Elimination of All Forms of Racial Discrimination

Adopted: New York, 21 December 1965

Signed by Paraguay: 13 September 2000

Act No. 2128 of 7 July 2003

Deposit: 18 August 2003

Entry into force for Paraguay: 17 September 2003

ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation

Adopted: Geneva, 25 June 1958

Act No. 1154 of 29 July 1966

Deposit: Geneva, 10 July 1967

Entry into force for Paraguay: 10 July 1968

ILO Convention No. 122 concerning Employment Policy

Adopted: Geneva, 9 July 1964

Act No. 67 of 26 December 1968

Deposit: Geneva, 20 February 1969

Entry into force for Paraguay: 20 February 1970

Paraguay has submitted reports to the ILO supervisory committees on its fulfilment of the provisions of the Conventions ratified by the country.

A. Situation, indices and trends in employment and unemployment

161. According to the Permanent Household Survey (EPH) 2004, the labour force participation rate (population employed or unemployed in relation to the total population of working age) was 63%. The percentage was higher in rural areas (64.9%) than in urban areas (62.4%) and higher among men than among women (76.6% and 50.4% respectively).

162. The Paraguayan economy is based on independent labour. The dominant group in the labour force is that of self-employed workers (39.8%), followed by unpaid family workers (13.1%) and employers (4.2%). The total of these figures shows that some 6 out of every 10 persons working generate income through the direct sale of their products or services.

163. The primary, or extractive, sector employs 33.3% of the workforce and the secondary (manufacturing, construction) 16%. Some 65% of working women are employed in the tertiary sector, while men are fundamentally distributed between the tertiary and the primary sectors (42% and 39% respectively).

1. Unemployment

164. According to the EPH for 2004 the rate of overt unemployment in the population was 7.3% –one percentage point less than the level recorded for 2003 (8.1%). Underemployment countrywide remained at a level similar to that for 2003 (24.1% as against 24.2%) in both rural and urban areas.

Paraguay: trends in overt unemployment, 1997-2004

165. The following diagram shows that overt unemployment principally affects the population group aged 15-19, and particularly women in that age group, since, while approximately 14% of the juvenile population is actively seeking employment, the corresponding figure for women is 22.1%. The proportions remain high up to age 29; at that age 8 out of every 100 persons report overt unemployment.

Overt unemployment rates by age group and sex

Total

Women

Men

2. Underemployment

166. According to information in the Household Surveys, underemployment remained stable between 2003 and 2004 (24.1%; 24.2% respectively) in both rural and urban areas.

Paraguay: trends in the underemployment rate (%), 1999-2004

B. Principal features of national employment policy

167. In line with the characteristics of the labour market in Paraguay, employment policy is focussed on the following elements:

– Sustainability of macroeconomic and social conditions favouring the promotion of private investment generating sources of employment;

– Incorporation of the employment objective in trade, production, education, migration, vocational training and social security policies;

– Promotion of the development of micro and small enterprises based on the creation of conditions easing the formalities for access to credit, technical assistance and entrepreneurial training;

– Training of human resources, improving their employability, and involving private initiative, making available to the latter training, guidance and placement services. Training must be adapted to the requirements of enterprises and technological development.

– Promotion of social dialogue to foster adjustments in regulations which will encourage recruitment of workers and serve as a basis for modernization and institutional and legal strengthening.

– Strong support for the improvement of agricultural and stock-rearing production, promoting the creation of clusters (line production). . Support for the rural sector is a key element, since it also acts as a factor preventing migration from country to town.

– Development of special plans and programmes dealing with employment problems of specific population groups: programmes and measures to promote the employment of juveniles and women, programmes for the reintegration of specific groups into employment, etc.

C. Freedom of choice of employment

168. As regards the legal and administrative provisions ensuring freedom of choice of employment, and those ensuring that conditions of employment do not restrict the political and economic freedoms of the individual, the State of Paraguay has laid down the following provisions (in particular, concerning time off or leave for election days):

1. Legal provisions

169. National Constitution. In its different articles the National Constitution lays down the principles governing employment policy, relating specifically to the objective of full employment, equity, the promotion of cooperatives, agrarian reform and rural development , vocational training and technical education. The State is assigned the task of promoting the quality of life “through plans and policies which take into account conditioning factors such as extreme poverty and impediments of disability or old age.”. “The State shall also promote investigation into population factors and their links with economic and social development, the preservation of the environment and the quality of life of the inhabitants” (article 6: Concerning the quality of life, Title II, chapter I.)

170. Article 87, chapter VIII (Concerning labour), section I (Concerning labour rights), refers to the commitment of the State to promote full employment. It reads: “the State shall promote policies aimed at achieving full employment and providing vocational training for human resources, giving preference to Paraguayan workers.”

171. Equity: Article 107, chapter IX (Concerning economic rights and agrarian reform), section I (Concerning economic rights), states that “Every person has the right to take up the licit economic activity of his choice within a framework of equality of opportunities”. This provision establishes the framework for the exercise of the right to work in a context of equity and freedom of choice.

172. Training for work: Article 78, chapter VII (Concerning education and culture), provides that “The State shall promote training for work through technical education with the aim of training the human resources required for national development”.

173. Promotion of cooperatives: Article 113, chapter IX (Concerning economic rights and agrarian reform), section I (Concerning economic rights), states that “The State shall promote cooperative enterprise and other associative forms of production of goods and services based on solidarity and social profitability, to which it shall guarantee freedom of organization and autonomy...”

174. Rural development and agrarian reform: Article 115 (Concerning the bases for agrarian reform and rural development) provides that "Agrarian reform and rural development shall be implemented in accordance with the following principles:

– The adoption of a tax system and other measures to encourage production, discourage large-scale landholding and ensure the development of small and medium-sized rural estates, in accordance with the characteristics of each area;

– The rationalization and regulation of land use and crop-growing practices to prevent the degradation of land, and the promotion of intensive and diversified agricultural and livestock production;

– The promotion of small and medium-sized agricultural enterprises...

– Education to train farmers and their families as active agents in national development;

– The adoption of policies to foment popular interest in farming by establishing vocational training centres in rural areas.”

175. Labour Code (Act 213/93): chapter II (Concerning work guarantees pertaining thereto):

– Article 9. “Work is a right and a social duty and enjoys the protection of the State. It shall not be regarded as a commodity. The freedoms and dignity of those who work shall be respected, and work shall be performed in conditions that protect life and health and ensure a financial level compatible with the responsibilities of a man or a woman who is the head of a family. No discrimination may be established concerning a worker on grounds of physical impediment, race, colour, sex, religion, political opinion or social condition.”

– Article 15. “Every worker must have the possibility of a decent existence and the right to just conditions in the performance of his work, to receive vocational and technical education to improve his skills, to obtain higher income and to contribute efficiently to the progress of the Nation.”

– Article 16. “The State shall bear the responsibility of providing vocational and technical education for workers so as to improve their skills in order to obtain higher incomes and greater efficiency in production.”... “It shall also, by means of an appropriate economic policy, preserve a just balance between the supply of and the demand for labour and provide suitable employment for workers unemployed or underemployed for reasons beyond their control and for the physically and mentally disabled, the elderly and war veterans.”

2. Administrative measures

176. The general objective of the employment policy of the Ministry of Justice and Labour is to promote the competitiveness of national production and to improve the employability of the labour force in a context of social equity. To that end it is implementing active employment policies consisting of the effective application of training and skills development courses conducted by the National Vocational Advancement Service and the National Training and Work Skills Development System. During the last three years over 100,000 workers have been trained. The Ministry also implements employment support services through vocational guidance, information and placement services. It is currently strengthening the National Employment Service. As regards the quality of employment, the Ministry conducts inspections to ensure compliance with conditions of work as laid down in the Labour Code and international labour conventions.

D. Difficulties in the way of achievement of full and productive employment

177. On account of the characteristics of the economic structure of the country, with its limited numbers of production centres or factories, the majority of workers perform their activities in small-scale enterprises. Some 70% of Paraguayan workers are employed in establishments with less than five employees.

178. In addition, there are imbalances, both quantitative and qualitative, between the supply of and the demand for labour. The economy is unable to create jobs in sufficient numbers and quality to satisfy demand; at the same time, the qualifications of the workforce do not match the present requirements of the jobs on offer. Over 60% of the economically active population (EAP) has only primary education; only 7% have tertiary education. These shortcomings clearly hamper the functioning of the labour market. Consequently a project for the reform of the vocational education system is in course of implementation to improve productivity and the quality of the labour force.

179. During the last ten years their have been no reports to the Ministry of Justice and Labour alleging discrimination in labour matters on grounds of race, religion or social or economic condition. The national Constitution, the Labour Code and other legal provisions in substantive law ensure the right to non-discrimination in employment and equality of opportunity for all workers.

180. In addition, in the National Employment Service vocational guidance measures are used as a vehicle for the development of subjects relating to non-discrimination and the right to equality of opportunity. Similarly, the primary and middle school curricula contain elements relating to these fundamental human rights.

E. Report of the Supreme Court of Justice concerning article 6

181. The potential effectiveness of the above-mentioned legal provisions is enhanced by the absence of relatively impermeable social ceilings, with the natural exception of social status as determined by education and vocational training. However, certain discriminations deriving from supposed roles and working conditions exist, namely in the situations of women domestic workers and rural workers. Labour legislation discriminates against these categories of workers in that it allows payment of a wage below the statutory minimum on the understanding that the lower cash wage is complemented by the benefits of board and lodging in the dwelling of the employer. However, the discrimination is apparent when these workers neither receive board from the employer nor remain at all times in the domicile of the employer.

182. The socio-economic structure of the country apparently does not for the moment permit an improvement in the working conditions of these workers. A third social sector suffering from discrimination, but of a de facto kind, is the indigenous sector, a minority group of a different culture. There is no discrimination against them in law, but on account of the cultural difference they experience great difficulties in exercising any form of work activity on equal terms with non-indigenous citizens. Clearly a declaration of equality is insufficient for this social group; regulations are needed establishing a positive discrimination to enable them to attain equality.

183. A fourth disadvantaged sector is the group of physically and mentally handicapped persons. A high percentage of them cannot obtain jobs on account of their condition notwithstanding the provision of the law; consequently, although there is a presumption that they have equality of rights to obtain jobs, prejudices of a cultural nature debar them in the majority of cases from doing so. However, considerable progress in the protection of this group was achieved with the promulgation of Act No. 1925 of 2002 ratifying the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities and the approval of Act No. 2479 “establishing an obligation to incorporate disabled persons in public institutions”. The case of this group is similar to that of indigenous persons; consequently the improvement of their condition must be achieved through measures of positive action to be established in the law.

184. It should also be pointed out that the protection of the rights of persons with special needs is of a constitutional nature; it is enshrined in article 58 of the National Constitution, and public policies on the subject are governed thereby. The article in question reads as follows: “Persons with special needs shall be guaranteed care for their health, their education, their recreation and their vocational training for full social integration.” “The State shall organize a policy of prevention, treatment, rehabilitation and integration for physically, mentally and sensorially handicapped persons and provide them with the specialized care that they need.”...“They shall be recognized the rights which this Constitution grants to all the inhabitants of the Republic, in equality of opportunities, in order to compensate their impairments.”

1. Discrimination on language grounds

185. Another sector suffering from discrimination in practice is the group of citizens who do not have the use of the Spanish language. In Paraguay the majority of the peasants are monolingual and Guaraní-speaking; there is a minority in the urban sector. They suffer discrimination in practice arising from difficulties of communication in both the work sphere and that of law, in both of which all business is conducted in Spanish. This discrimination tends to be dealt with by short-term solutions. The conditions make for this approach, since the 1992 Constitution states that the Guaraní language is a language of official use on equal terms with Spanish throughout the Republic, with the consequence that Guaraní may be used in the judicial sphere, especially in proceedings relating to labour matters. However, this right has not so far been consolidated on account of the absence of more specific regulations concerning the official languages of the State. The sectors with an interest in the Guaraní language are currently working on a draft regulatory Act which will be submitted to the National Congress.

2. Changes in national legislation

186. Among the changes in national legislation positively affecting the enforcement of the rights enshrined in this article, the following may be mentioned:

187. As regards the right to a productive job and just working conditions:

188. Act 1980/2002 concerning first employment is designed to regulate, encourage and promote youth employment with regard to the remunerated provision of labour-power in a subordinate capacity. The Act applies to young persons between ages 15 and 18, to persons under age 28 who have recently obtained an occupational qualification but have never provided services in a subordinate capacity and to employers registered with the labour administration.

189. Act 1652/2000 establishing the National Training and Work Skills Development System (regulated by Decree 15904/2001). This Act regulates the training and work skills development of its beneficiaries, lays down the principles and the aims and objectives thereof, fixes guidelines for participation and the responsibilities of its managing body (a public-law entity under the authority of the Ministry of Justice and Labour) and determines the responsibilities of the training and skills development institutions. It contains provisions concerning the methods of financing and the other functions of the system.

190. Act 1265/1987 amending Act 253/1971 establishing the National Vocational Advancement Service (SNPP), an entity under the authority of the Ministry of Justice and Labour. It will be governed by the provisions of this Act. Its purpose is the promotion and development of the vocational training of workers at all levels and in all sectors of the economy; fundamentally it serves to advance the employment policy of the government and the process of national development. All persons over age 18 residing in the national territory are entitled to use its services. It is also envisaging apprenticeship programmes for minors between ages 15 and 18.

191. Act 285/1993 concerning additional benefits for workers (regulates article 93 of the Constitution). This Act provides that an enterprise which grants its workers benefits in addition to their net wages which are unrelated to the wages and other benefits established in law or in agreements concluded between the enterprise and its workers may deduct those benefits; the latter shall be exempt from all taxation, and no contribution to the Social Security Institute, the National Workers’ Bank or other entities created which may require contributions of any kind shall be payable in respect thereof by the enterprise or the workers.

192. Act 1160/1997 (Penal Code). Article 205 stipulates that the owner of an establishment or enterprise, or the person responsible for the prevention of work accidents, shall be responsible and subject to the appropriate penalties if he exposes persons to dangerous workplaces.

193. Decree 20400/2003 regulating wages and salaries in the private sector provides for an increase of 11% in wages and salaries in the private sector with effect from 1 February 2003. It also applies to the minimum wages in force in activities expressly designated, activities with salary scales and other unspecified activities.

ARTICLE 7

194. In relation to the implementation of this article the State of Paraguay is a party to the following international conventions relating to labour rights:

ILO Convention (No. 14) concerning the Application of the Weekly Rest in Industrial Undertakings

Adopted: Geneva, 25 October 1921

Act No. 945 of 15 July 1964

Date of entry into force for Paraguay: 21 March 1966

Convention (No. 100) concerning Equal Pay for Men and Women Workers for Work of Equal Value

Adopted: Geneva, 29 June 1951

Act No. 925 of 3 June 1964

Date of entry into force for Paraguay: 24 June 1965

Convention (No. 106) concerning Weekly Rest in Commerce and Offices

Adopted: Geneva, 26 June 1957

Act No. 947 of 15 July 1964

Deposit: Geneva, 21 March 1966

Date of entry into force for Paraguay: 21 March 1967

Convention No. 81) concerning Labour Inspection in Industry and Commerce

Adopted: Geneva, 11 July 1947

Act No. 1235 of 21 June 1967

Deposit: Geneva, 28 August 1967

Date of entry into force for Paraguay: 28 August 1968

A. Minimum wage

195. The machinery for the fixing of the minimum wage is defined in the Paraguayan Labour Code, chapter II (Concerning the minimum wage), which reads as follows:

Article 249. “The minimum wage is one that is sufficient to satisfy the normal needs of the worker, namely, decent food, lodging, clothing, transport, social security, culture and decent recreation, the worker being deemed to be the head of the family.”

Article 250. “The minimum and adjustable wage shall be fixed periodically with the aim of improving the standard of living, taking into account the following factors:

a) The cost of living of a worker’s family, according to time and place, in its basic elements, in accordance with the previous article;

b) The general level of wages in the country, or in the region in which the work is performed;

c) Economic conditions in the branch of activity in question;

d) The nature of the work and the output thereof;

e) The age of the worker (to the extent that it influences his productivity);

f) Any other factors relevant to the fixing process..”

196. The right to a basic wage is thus established in the Labour Code, and the minimum wage has force of law. At present it stands at 1,219,795 Guaraníes (approximately US$ 214 at the rate of exchange in May 2006).

1. Movements in minimum wage, 1994-2006

2. Minimum wages for specific categories of workers (2006) (in guaranies)

197. There are various control mechanisms to ensure application of minimum wages. These include visits by labour inspectors, which are organized by a number of institutions such as the public prosecutor’s department, the Directorate-General of Migration and the Ministry of Justice and Labour. At each inspection the effective application of minimum wages in enterprises is verified together with compliance with all the other elements of labour protection such as medical insurance and healthy working conditions. There are no legal mechanisms for admonishment or punishment relating to the productivity of the worker.

3. Equal pay for equal work

198. Although equality of pay for equal work, without discrimination of any kind, is guaranteed by law, there are still in practice cases in which it is not observed. Thus some statistics concerning work by women indicate a degree of discrimination which is being approached through a National Equal Opportunities Plan, which is being implemented by the Secretariat for Women of the Office of the President of the Republic. In the field of income inequalities women in employment earn from their principal occupations 28.1% less than men. ^[16] The Ministry of Justice and Labour verifies compliance with the provisions establishing equality by means of labour inspections. In cases of non-compliance with the relevant provisions, an investigation takes place and administrative charges are brought against the employer with the imposition of fines.

199. In addition, there is in the Ministry of Justice and Labour a Directorate for the Promotion of Working Women, which provides advice and direct support at conciliation hearings where the subject is one of discrimination. At the same time it promotes and participates and cooperates in awareness development campaigns on non-discrimination in employment and occupation. The Ministry of Justice and Labour is also a member of the Institutional Board for Follow-up on the CEDAW.

200. The other responsibilities of the Directorate for the Promotion of Working Women include:

– Coordination of the National Tripartite Commission on Equality of Opportunities in Employment;

– Technical assistance and legal advice on labour matters or working women;

– Development of training and awareness promotion measures;

– Programme on Access to Incomes and Work for Women to contribute to equality of opportunities between men and women in access to and management and enjoyment of financial resources and work. The aim of the programme is to create a framework for action to establish the gender perspective as a cross-cutting factor in employment and labour market policies. It also has a standard-setting framework comprising national and international legal provisions.

201. The above-mentioned programme consists of three components:

– A unit of support for the establishment of the gender perspective as a cross cutting element

– A unit of support for productive entrepreneurial ventures

– A unit of support for integration into productive chains.

202. The programme also comprises a focal point (the Directorate for the Social Promotion of Working Women) to establish the gender perspective as a cross-cutting element in employment policies and a coordinating board, established with the participation of all the actors involved, which promotes social dialogue and carries out the monitoring and continuous evaluation of those policies.

203. This programme has been designed with the cooperation of the ILO, and meetings are currently taking place with the Secretariat for Women to plan measures for its implementation.

204. In addition, measures have been taken since the ratification of CEDAW (the Convention on the Elimination of All Forms of Discrimination against Women) introducing egalitarian instruments, and amendments in other items of legislation, eliminating gender-based discrimination and establishing equality between men and women. The Secretariat for Women is promoting the implementation of international conventions which will subsequently become part of the Paraguayan legal system. These have given rise to specific plans, programmes and projects fostering greater participation of women in the world of work and in community organizations; but these measures are still insufficient. Women generally suffer from discrimination in the fields of access to resources and development; the worst affected are rural women and ethnic groups. In 2003 a Decentralization Directorate was established within the structure of the Secretariat to coordinate strategies permitting a greater presence of the State in those areas.

205. It is important to mention that Paraguay is now up to date with the submission of reports to the CEDAW Committee with the defence of the report in January 2005, the observations on which have been widely disseminated. For follow-up on those recommendations an inter-institutional follow-up board for the implementation of CEDAW was set up; it now has a global plan of operations.

206. The Secretariat for Women is also developing a campaign entitled “Equal in everything”. The campaign has been continuing since June 2004; it has included publicity spots on two aspects of ”Discrimination at Work” on the radio and television. One spot shows a pregnant woman who was not considered in the selection process for a job she had applied for on account of her condition. Another spot shows men and women doing the same work but being paid differently, the difference being to the disadvantage of the women. The priority themes in this campaign are: violence against women; equality of rights in law; health; continuation in education; and the social and political participation of women. The principal impact within the population has been an increase in the number of reports of cases of violence. A new type of report reaching the Secretariat for Women concerns discrimination in the work sphere on grounds of gender. The “Equal in everything” campaign is still running.

207. However, some groups of workers still do not enjoy equality with regard to work and remuneration. These include the underemployed and informal-sector workers and also domestic and rural workers. According to the Permanent Household Survey for 2004 the underemployment rate was 24.2% (men, 21.8%; women 27.7%). The self-employed and persons employed in enterprises employing 5 persons or less are counted as informal-sector workers, giving a figure of 69.8% for the employed population.

208. The most precarious situation is that of women in domestic employment; 95% of them are paid at less than the legal rate; they have no entitlement to family benefits; they have long daily working hours; and although social insurance exists, it only provides cover to a few individuals registered in the capital. According to research by the ILO one of the principal grounds for dismissal of women domestic workers is pregnancy, although in that condition they should be protected.

4. Measures adopted to counter inequality at work

209. Although under the law opportunity under equal conditions exists, special measures are needed to guarantee women access to decent employment and to be promoted. To that end a draft “Act on Equality of Opportunities and Treatment between Men and Women in the Public Service and in Employment “ has been submitted; the Secretariat for Women made contributions to it. It is being studied in Parliament.

210. Jointly with the Documentation and Study Centre the Secretariat for Women has organized working meetings concerning the situation of domestic workers of both sexes. The meetings were organized for women’s organizations, the Social Security Institute and representatives of trade unions and public institutions; they were to establish work guidelines which served as a basis for the signature of the Convention between the Ministry of Justice and Labour and the Secretariat for Women. It has also arranged information meetings and talks for the strengthening of the capacities of women micro-entrepreneurs. These meetings have been centred on the capital and have enjoyed the support of institutions such as the Social Security Institute and some trade unions in the country.

211. The Ministry of Justice and Labour has also promoted the creation of fora for dialogue with entrepreneurs and industrialists with the aim of guaranteeing access for women to decent work, decision-making posts and equal pay for equal work. The Labour Code confirms that domestic workers receive less than the minimum wage, are vulnerable in their working conditions, work longer hours, etc. There is a Tripartite Commission^[17] which has completed an analysis and study of this situation in order to promote equality of opportunity for women at work; it was supported by the Documentation and Study Centre (a non-governmental organization) in initiatives accompanied and supported by the Secretariat for Women. The results obtained by the Tripartite Commission are given below.

Annual reports on the work of the Directorate-General of Labour in the

Ministry of Justice and Labour

4.1. Résumé of results obtained by tripartite meetings, 2006