COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Thirty‑ninth session Geneva, 5‑23 November 2007

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT

Concluding observations of the Committee on Economic, Social and Cultural Rights

Paraguay

1.       The Committee on Economic, Social and Cultural Rights considered the second and third periodic reports of Paraguay on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/PRY/3) at its 44th, 45th and 46th meetings, held on 13 and 14 November 2007 (E/C.12/2007/SR.44‑46), and adopted, at its 55th meeting, held on 21 November 2007, the following concluding observations.

A.  Introduction

2.       The Committee welcomes with satisfaction the submission of the second and third periodic reports of the State party, although late, and the written replies to its list of issues. The Committee also appreciates the presence of a high‑level delegation from the State party, which is comprised of specialists in subjects covered by the Covenant, and illustrates the importance the State party attaches to dialogue with the Committee. It regrets, however, that some of its questions have remained unanswered.

B.  Positive aspects

3.       The Committee notes with satisfaction that during the period covered by the second and third periodic reports, the State party adopted the new Penal Code and the new Code of Criminal Procedure; the Code on Children and Adolescents (Act No. 1680/01); the Domestic Violence Act (Act No. 1600/00); and Act No. 2861/06 penalizing the trade in and distribution of pornographic material representing minors and persons with disabilities, and that it ratified the Inter‑American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities.

4.       The Committee notes with satisfaction the activities undertaken by the Office of the Ombudsman in the area of economic, social and cultural rights, in particular those related to the rights to education, work and health.

5.       The Committee notes with satisfaction the courses and activities undertaken by the Human Rights Commission, under the Ministry of Justice and Labour, aimed at promoting human rights.

6.       The Committee notes with satisfaction the efforts of the State party in the area of literacy.

7.       The Committee welcomes the progress made by the State party in extending the coverage of civil status registration to include the entire population and especially indigenous communities.

8.       The Committee welcomes the programmes designed to provide alternatives to the internment of delinquent minors, and also notes the separation of minors and adults in detention facilities.

9.       The Committee welcomes with satisfaction the establishment of a Secretariat for Women, at the ministerial level.

10.     The Committee notes the efforts of the State party to curb deforestation in Paraguay.

C. Factors and difficulties impeding the implementation of the Covenant

11.     The Committee notes the absence of any significant factors or difficulties preventing the effective implementation of the Covenant in the State party.

D.  Principal subjects of concern

12.     The Committee regrets that most of its 1996 recommendations have not been fully implemented, and that the State party has not addressed in a more effective manner the following principal subjects of concern, related to its initial report, which are still relevant:

          (a)     The persistence of striking disparities in the enjoyment of economic, social and cultural rights in Paraguayan society. The Committee is also concerned that, despite the State party’s economic growth over recent years, the number of persons living in extreme poverty has increased;

          (b)     The slow pace of agrarian reform. While noting that the Rural Welfare Institute has become the National Institute of Rural and Land Development (INDERT), the Committee reiterates its concern over the situation of farmers and the indigenous population, who do not have access to their traditional and ancestral lands. The Committee notes with concern the concentration of land ownership in the hands of a very small proportion of the population;

          (c)     The wage gap between men and women;

          (d)     The persistence of domestic violence. Although the Committee notes that in the period covered by the periodic reports, the State party adopted a law against domestic violence, it is concerned that the punishment for such criminal conduct is a mere fine and that the requirement for it to be habitual in order to be classified as a criminal offence allows such acts to go unpunished;

          (e)     There is no minimum wage guarantee for all workers. The Committee notes with concern that a large number of public sector workers still receive salaries below the minimum wage;

          (f)      The trade union rights of workers are not fully guaranteed. The Committee is concerned about the slow procedure of trade union registration with the Ministry of Justice and Labour, and the fact that employers can delay the process by sending a written communication. It is also concerned about the exposure of trade union leaders in the private sector to harassment;

          (g)     The high proportion of the population excluded from any form of social security. The Committee is concerned at the high level of unemployment, the size of the informal economy, which amounts to 80 per cent of the economically active population, and at the fact that persons working in that sector receive inadequate wages and are not eligible for social benefits;

          (h)     The high number of child workers. The Committee is especially concerned about the vulnerability of children working in domestic service, who are exposed to ill‑treatment, exploitation and sexual abuse, while many of them are deprived of the right to education. The Committee notes that there is no effective structure providing legal and judicial protection for these children;

          (i)      The population is not guaranteed the right to health. Although the health sector budget has increased, the Committee notes with concern that the majority of the Paraguayan population has no adequate health care. The Committee further notes with concern that in 2004 the public sector focused predominately on the higher‑income population.

13.     The Committee notes with concern the discrimination faced by women in Paraguay, which is perpetuated by prejudices and traditional social conditions, in spite of the legal instruments and programmes that have been adopted by the State party.

14.     The Committee is concerned aboutmultiple discrimination faced by women in rural areas, a large proportion of whom are heads of households and face poverty and extreme poverty on a daily basis. Their situation sometimes forces them to emigrate or to become victims of sexual exploitation.

15.     The Committee notes with concern that the wages paid to domestic workers, the majority of whom are women, represent only 40 per cent of the minimum wage. While noting the explanation presented by the State party that such employees receive board and lodging from their employers, the Committee believes such a low percentage of the minimum wage is not sufficient to ensure a decent living for these workers. Furthermore, domestic workers work up to 12 hours a day, often without social security or overtime pay.

16.     The Committee notes with concern that the expansion of soybean cultivation has fostered the indiscriminate use of toxic agro‑chemicals, leading to deaths and illnesses among children and adults, contamination of the water supply and the disappearance of ecosystems, while it has jeopardized the traditional food resources of the affected communities.

17.     The Committee notes with deep concern the large number of forced evictions of peasant and indigenous families, particularly in the communities of Tetaguá Guaraní, Primero de Marzo, María Antonia and Tekojoja, who had been occupying the land, and the reports received that the National Police used excessive force in carrying out those evictions, by burning and destroying housing, crops, property and animals.

18.     The Committee notes with concern that some 45 per cent of indigenous people do not hold legal title to their ancestral lands and are thus exposed to forced eviction.

19.     The Committee notes with concern that the State party has not yet adopted a housing policy especially for rural areas, despite the housing shortage reportedly affecting more than a million families.

20.     The Committee is concerned that the high level of ma